Schedule 15, s 1

Definitions

In force

(1)

In this Schedule—

appointed day, in relation to a water system means the day on which a water system becomes a declared water system under a declaration under section 6A;

combined parcel in relation to land, means more than one parcel of land, each of which is, in accordance with the conversion rules, contiguous with the others;

conversion rules, in relation to a water system, mean the rules determined for that water system by the Minister under Part 8;

entitled person, in relation to a holding in a water system, means any person who is—

(a)

an owner of; or

(b)

the holder of a mortgage over; or

(c)

a person who is entitled to a limited term transfer of—

the land that comprised the holding, immediately before the appointed day for the water system;

holder, in relation to—

(a)

a prior domestic and stock right, prior joint right or prior water right; or

(b)

a prior 222(1)(c) sales water agreement or 222(1)(d) sales water agreement—

in a declared water system, means the owner of the holding to which the right applied or in respect of which the agreement was in force (as the case requires) immediately before the appointed day for the water system;

holding means the lands shown in any single entry in the prior holdings register immediately before the appointed day;

Sch. 15 cl. 1(1) def. of owner amended by No. 85/2006 s. 138.

owner—

(a)

in the case of land that is under the Transfer of Land Act 1958 means the registered proprietor of an estate in fee simple in the land, or, if the registered proprietor is a life tenant, the holder of the remainder interest;

(b)

in the case of land that is not under the Transfer of Land Act 1958, means—

(i)

where there is a mortgage over an estate in fee simple in the land under which the mortgagee is the owner of the legal estate, the holder of the equity of redemption; or

(ii)

in the case of any other estate in fee simple, the owner of the legal estate;

parcel, in relation to—

(a)

land under the Transfer of Land Act 1958, means land that comprises an individual folio of the Register under the Transfer of Land Act 1958; and

(b)

land not under the Transfer of Land Act 1958, means land that, under section 8A of the Sale of Land Act 1962, can be disposed of separately, without subdivision;

prior domestic and stock right means an obligation owed by an Authority under section 222(1)(a) to make quantities of water available for supply in an irrigation district of the Authority from a water system to a holding in that district, being an obligation that was in force immediately before the appointed day for that water system;

prior holdings register means the register kept under section 230, as in force in the relevant declared water system, immediately before the appointed day for the water system;

prior joint right means a prior water right and a prior domestic and stock right, where each right applies to the same holding;

prior water right means an obligation owed by an Authority under section 222(1)(b) to make an amount of water available for supply in an irrigation district of the Authority from a water system to a holding in that district, being an obligation that was in force immediately before the appointed day for that water system;

prior 222(1)(c) sales water agreement means an agreement under section 222(1)(c) for the sale of water by an Authority from a water system that supplies an irrigation district with water to the owner or occupier of a holding within that irrigation district being an agreement that was in force immediately before the appointed day for the water system;

prior 222(1)(d) sales water agreement means an agreement under section 222(1)(d) between an Authority and the owner or occupier of land, for the supply of water by the Authority from a water system, being an agreement that was in force immediately before the appointed day;

purchaser has the same meaning as in the Sale of Land Act 1962;

Registrar of Titles has the same meaning as Registrar has in the Transfer of Land Act 1958;

take and use licence means a licence to take and use water issued under section 51(1);

terms contract has the same meaning as in the Sale of Land Act 1962;

unconfirmed water share means a water share in respect of which there is in force a qualification under clause 31;

vendor has the same meaning as in the Sale of Land Act 1962.

(2)

In this Schedule (unless otherwise specified in the Schedule) a reference—

(a)

to section 222(1)(a), in relation to a declared water system, is a reference to section 222(1)(a) as in force immediately before the appointed day for that water system; and

(b)

to section 222(1)(b), in relation to a declared water system, is a reference to section 222(1)(b) as in force immediately before the appointed day for that water system; and

(c)

to section 222(1)(c), in relation to a declared water system, is a reference to section 222(1)(c) as in force immediately before the appointed day for that water system; and

(d)

to section 222(1)(d), in relation to a declared water system, is a reference to section 222(1)(d) as in force immediately before the appointed day for that water system.

(3)

For the purposes of Part 3, where the holder of a take and use licence is recorded to be—

(a)

a partnership, each partner in the partnership is deemed to be a holder of the licence; or

(b)

an unincorporated body (however described), each member of the body is deemed to be a holder of the licence.

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