Landscape South Australia (Water Register) Regulations 2020

In connection with the operation of Schedule 4 clause

7 of the Act, the Minister gives effect to a transfer under section 125 of the Act—

by registering the transfer on the register after approving the transfer on application made in accordance with section 125 of the Act;

or

subject to the operation of this regulation, by—

approving the transfer on application made in accordance with section 125 of the Act; and

registering the transfer on a separate application made for the purposes of this paragraph within the period applying under subregulation (4).

The holder of a designated entitlement may, at the time of making an application under section 125 for a designated transfer, request the

Minister to give effect to the transfer—

under subregulation (1)(a); or

under subregulation (1)(b).

If a request is not made at the time of application, it will be taken that the Minister is to give effect to the transfer under subregulation (1)(a).

An application for the registration of a transfer under subregulation (1)(b)(ii) must be made within 2 months after the Minister grants approval to the transfer under the relevant designated section.

For the purposes of Schedule 4 clause 7 of the

Act—

subregulation (1)(a) is recognised as the procedure for the purposes of clause 7(2)(a); and

the period under subregulation (4) is the prescribed period that applies under clause 7(2)(b); and

a designated transfer is a transfer of a prescribed kind for the purposes of clause 7(3) (in a case where subregulation (1)(b) applies).

In this regulation—

designated entitlement means—

a water licence; or

a water access entitlement, or part of a water access entitlement;

designated transfer means a permanent transfer of a designated entitlement.