Water Management Act 1999

Any of the following persons may apply to the Secretary for an amendment of the registration of a registered offset:if the registered offset relates to land – the owner of the land; if the registered offset relates to water – the owner of the dam to which the registered offset relates.

An application must comply with section 12A and be accompanied by the prescribed fee, if any.

The Secretary is to grant an application lodged with the Secretary and amend the offsets register by amending the relevant registered offset – after having regard to the conservation or protection of natural values and cultural heritage, if the Secretary is satisfied that the amendment will not result in a new, significant adverse impact or a significant increase in an adverse impact, on the environment; and where the applicant is not an owner of land to which the registered offset relates and the registration of the offset is amended as requested in the application – if the Secretary is satisfied that all such owners have consented to the making of the requested amendment of the registered offset.

The Secretary is to refuse to grant an application lodged with the Secretary if not satisfied as to the matters specified in subsection (3).

If the Secretary grants an application – the Secretary is to amend the offsets register by amending the registered offset in accordance with the request in the application; and the Secretary is to lodge with the Recorder a notice of amendment of offset, if the application relates to a registered offset referred to in a notice of offset that has been lodged with the Recorder in accordance with section 164T.

A notice of amendment of offset – is to include the title reference (folio and volume) to the land affected by the offset; and is to be in a form approved by the Recorder; and is to be lodged with the Recorder, as soon as practicable after the amendment of the relevant offset is entered on the offsets register, in a manner approved by the Recorder.

As soon as practicable after a notice of amendment of offset is lodged with the Recorder, the Recorder must ensure that the notice of offset as so amended is available for viewing by a person when the person views the relevant folio of the Register.

An amendment of the registration of an offset takes effect when the Secretary amends the offsets register.