New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 72

72 Devolution of access licences

(1) A person to whom an access licence or holding in an access licence has devolved by operation of law may apply to the Minister in the approved form to be recorded in the Access Register as the holder or a co-holder of the licence or holding.

(2) Without limiting subsection (1), such an application may be made:

(a) by an executor, administrator or other person claiming to be entitled to be registered on the death, will or intestacy of the holder or co-holder of the licence or holding, or otherwise, as the holder or co-holder, or

(b) by or on behalf of a person who was a co-holder as joint tenant of an access licence or holding in an access licence on the death of a person recorded in the Access Register with the person as a co-holder as joint tenant of the licence or holding, or

(c) by or on behalf of a person that a court has ordered is to be recorded in the Access Register as the holder or co-holder of the licence or holding.

(3) The application must be supported by such evidence of the applicant’s entitlement to be recorded in the Access Register as a holder or co-holder as the Minister may require.

(4) The Minister is to record the person as the holder or co-holder of the licence or holding:

(a) if satisfied that the applicant is entitled to be recorded in the Access Register as the holder or co-holder, and

(b) if nothing recorded in the Access Register prevents the registration.

(5) This section applies to 2 or more persons to whom rights have devolved in the same way as it applies to a single person to whom rights have devolved.