Landscape South Australia (Water Register) Regulations 2020

An interest noted on The Water Register against a water licence will, on the designated date, be taken to be a security interest registered under Schedule 4 clause 8 of the Act if—

the holder of the interest has confirmed to the Minister that the interest is current and should be registered on The Water Register under

Schedule 4 clause 8 of the Act; or

the Minister determines that the interest should be registered on

The Water Register despite not having received confirmation that the interest is current.

If 2 or more interests are to be registered under this regulation on the designated date in relation to the same water licence, the order of priority of registration will be—

unless paragraph (b) applies—an order that corresponds to the order of notation of the relevant interests on The Water

Register immediately before the designated date; or

on application to the Minister—an order agreed between the holder of the water licence and the holder or holders of the interests noted on

The Water Register.

A confirmation provided under subregulation (1) or an application under subregulation (2)—

must be made in response to an invitation from the Minister for the purposes of this regulation to confirm that an interest noted against a water licence should continue as a security interest registered under the Act (effective from the designated date); and

must be in a form approved by the Minister.

If—

1 or more interests are taken to be registered on the designated date in relation to a water licence under this regulation; and

1 or more bills of sale are also taken to be registered on the designated date in relation to the same water licence under regulation 44, the bill of sale or bills of sale will be registered ahead of the corresponding security interest or security interests.

In this regulation—

designated date means

1 July 2022.