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WATER MANAGEMENT ACT 2000 - SCHEDULE 1A

WATER MANAGEMENT ACT 2000 - SCHEDULE 1A

SCHEDULE 1A – Access Register

(Section 71C)

Part 1 - Registration of access licences, security interests and caveats over access licences and other matters

1 Registration of Ministerial actions

(1) The Minister registers an access licence granted by the Minister under section 63, 63A or 63B by recording in the Access Register in such form as the Minister considers appropriate the following--
(a) the name of each holder or co-holder of the access licence,
(b) details of entitlements conferred on the holder or co-holders by the licence,
(c) if the licence is co-held, details of the arrangements under which the licence is held by the co-holders (the
"co-holder's tenancy arrangement" ),
(d) any water supply work, or group of water supply works, nominated as a work or group of works by means of which water allocations under the licence may be taken,
(e) any adaptive environmental water condition to which the licence, or a part of the licence, is subject.
(2) The Minister registers any Ministerial action (other than the grant of an access licence under section 63, 63A or 63B) by recording in the Access Register the details of the action in such form as the Minister considers appropriate.
(3) The Minister must not register an access licence or any Ministerial action until--
(a) the end of the time permitted by section 368 (3) for making an appeal with respect to the decision to grant the licence, or
(b) if an appeal is made against the decision within that time, at or after the time the appeal is finally disposed of.
(4) The Minister may include in the Access Register such other information about the holder of an access licence and the conditions of, and other matters relating to, the licence as the Minister considers appropriate.

2 Registration of dealings in access licences and holdings in access licences

(1) A party to a dealing in an access licence or holding in an access licence may make an application to the Minister in the approved form for the dealing to be registered in the Access Register.
(2) The application must be accompanied--
(a) by an instrument evidencing the dealing, and
(b) by such other documents (if any) as the Minister may require, and
(c) by such fee (if any) as approved by the Minister.
Note : This clause has a similar effect in relation to registration of dealings in access licences and holdings in access licences to the effect section 41 of the Real Property Act 1900 has in relation to registration of dealings in estates or interests in land.
(3) The Minister must (unless anything recorded in the Access Register prevents the registration of the dealing)--
(a) register the dealing by recording in the Access Register the particulars of the names of the parties to the dealing, a description of the dealing and the time and date of the recording.

3 Registration of security interests over access licences and holdings in access licences

(1) A security holder may apply to the Minister in the approved form for the security interest to be recorded in the Access Register as a registered security interest.
(2) The application must be accompanied--
(a) by an instrument or instruments evidencing the security interest, and
(b) by such other documents (if any) as the Minister may require, and
(c) by such fee (if any) as is approved by the Minister.
Note : This clause has a similar effect in relation to registration of security interests in access licences and holdings in access licences to the effect section 41 of the Real Property Act 1900 has in relation to registration of dealings in estates or interests in land.
(3) The Minister must (unless any thing recorded in the Access Register prevents the registration of the security interest)--
(a) register the security interest by recording in the Access Register the particulars of the name of the holder of the interest and a description of the interest, and
(b) endorse on the instrument evidencing the security interest the fact of the entry having been made, together with the date and time of the making of the entry.
(4) The Minister is to register the security interest without inquiring into, or being concerned with, the legal effect of the instrument evidencing it.
(5) The Minister may, on application in the approved form by the holder of a registered security interest, remove the security interest from the Access Register or amend details recorded in relation to it.
(6) The Minister may include in the Access Register such other information about a registered security interest as the Minister considers appropriate.

4 Priority of registered security interests in access licences and holdings in access licences

(1) Except as provided by clause 19 of Schedule 10, an earlier registered security interest has priority, for all purposes, over a later registered security interest.
(2) Subclause (1) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapters 2K and 5 of that Act.
Note : Subclause (2) ensures that the priorities established by subclause (1) are not over-ridden by the provisions of the Corporations Act 2001 with respect to the distribution of assets of a corporation that is being wound up under that Act.
(3) For the purposes of this Act, a person is not taken to hold an interest in an access licence or a holding in an access licence held by a corporation merely because the person is a shareholder in the corporation.

Part 2 - Caveats

5 Withdrawal of caveat

(1) A caveat may be withdrawn at any time by--
(a) the caveator, or
(b) a person with legal authority under a law of this State or any other place to act on behalf of the caveator, or
(c) by any other person, or person belonging to a class of persons, prescribed by the regulations.
(2) The withdrawal is to be in the approved form.

6 Duration of caveat

(1) A caveat is taken to have had effect from the time at which it is lodged with the Minister.
(2) A caveat ceases to have effect if--
(a) the Land and Environment Court makes an order for its removal on an appeal under section 368, or
(b) the caveat is withdrawn, or
(c) the caveator is given notice under clause 7 and 21 days have passed since the notice was given.
(3) Subclause (2) (c) does not apply if, before the end of the 21 days the caveator--
(a) obtains an order from the Land and Environment Court extending the caveat for such further period as is specified in the order or until the further order of the Court, and
(b) lodges a copy of the order certified by a proper officer of the Court with the Minister.

7 Notice to caveator

(1) If a general dealing, dealing on default, security interest or change in co-holder's tenancy arrangements in relation to an access licence or holding in an access licence that is the subject of a caveat is lodged with the Minister, or the holder of an access licence or holding in an access licence so requests, the Minister must notify the caveator that it has been lodged.
(2) The Minister is not required to give notice if--
(a) the caveator is a party to the dealing, or
(b) the caveator has specified the class of matters the caveator wants to receive notice of and the matter falls outside that class, or
(c) if the caveator has changed address since lodging the caveat and has not notified the Minister of the change.

8 Powers of Land and Environment Court in relation to caveats

The Land and Environment Court may--

(a) order the withdrawal of a caveat from an access licence or holding in an access licence, or
(b) order the Minister to register a general dealing, dealing on default, security interest or change in co-holder's tenancy arrangements in relation to an access licence or holding despite the caveat, or
(c) extend the period provided for by clause 6, or
(d) make such further or other orders as it thinks fit.

9 Compensation payable in certain cases

(1) Any person who, without reasonable cause--
(a) lodges a caveat with the Minister under this Schedule, or
(b) procures the lapsing of a registered caveat, or
(c) being the caveator, refuses or fails to withdraw a caveat after being requested to do so,
is liable to pay to any person who sustains pecuniary loss that is attributable to that act, refusal or failure compensation with respect to that loss.
(2) The compensation is recoverable in proceedings in a court of competent jurisdiction by the person who claims to have sustained the loss.
(3) A caveator is not entitled to bring proceedings under subclause (1) (b) if the caveator, having had an opportunity to do so, has failed to take all reasonable steps to prevent the caveat from lapsing.

Part 3 - Miscellaneous

10 Powers of Minister with respect to production and retention of certain instruments

(1) The Minister may require any person who may have possession or control of an instrument relating to an access licence or holding in an access licence that is the subject of any matter that may be recorded in the Access Register to produce the instrument.
(2) The Minister may retain an instrument relating to an access licence that is the subject of any matter that may be recorded in the Access Register (whether or not produced under subclause (1)) until it is no longer required for action in connection with an application for registration of the matter in the Access Register.

11 Lodgment and registration of documents

The Minister may refuse to accept, or record in the Access Register, a dealing, an application for consent to a dealing or a security interest, caveat, devolution or change in co-holder's tenancy arrangements in relation to an access licence or holding in an access licence if--

(a) it is not in the approved form or does not comply with any requirement made by or under this or any other Act with respect to the making or execution of such a matter, or
(b) the Minister requests the production of the access licence certificate for the access licence for the purpose of recording the matter in the Access Register and it is not produced, or
(c) the application concerned is not accompanied by the approved fee (if any) for the matter concerned.

12 Wrongful retention of certain instruments

(1) The Minister may, by notice in writing served on a person at the person's last known address, require the person to deliver up an access licence certificate or an instrument evidencing any matter that may be recorded in the Access Register for the purpose of the certificate or instrument being cancelled or corrected if the Minister is satisfied that--
(a) the certificate has been issued to the person in error or contains any misdescription of an access licence or holding in an access licence, or
(b) a recording has been made in error in the Access Register, or
(c) the certificate or recording in the Access Register has been fraudulently or wrongfully obtained by the person, or
(d) the certificate or instrument is fraudulently or wrongfully retained by the person.
(2) If the person--
(a) cannot be found for the giving of such notice of requirement, or
(b) having been given such notice does not comply with the requirement,
the Minister may, if the Minister thinks fit, commence proceedings against the person in the Land and Environment Court for an order that the person (the
"defendant" ) deliver up the access licence certificate or instrument for the purpose of it being cancelled or corrected.
(3) The Court may order that service on the defendant of the originating process and of all other documents in the proceedings be dispensed with.
(4) Subject to the Land and Environment Court Act 1979 , the Court must not order that service on the defendant be dispensed with unless the Court is satisfied that--
(a) the defendant cannot be found in New South Wales, or
(b) it is uncertain whether the defendant is living.
(5) The Court may order the personal attendance before it of the defendant.
(6) On the personal appearance of the defendant before the Court, the Court may examine the defendant on oath.
(7) The Court may order the defendant to deliver up to the Minister, within such time as the Court may fix, the access licence certificate or instrument evidencing the matter.