WATER ACT 2000 - SECT 170 Interests and dealings that may be registered

WATER ACT 2000 - SECT 170

170 Interests and dealings that may be registered

(1) Subject to subsection (2) , an interest or dealing that may be registered for land under the Land Title Act 1994 may be registered for a water allocation on the water allocations register.

(2) An interest or dealing, the provisions for which are excluded under section 173 (1) (e) , may not be registered under this Act.

(3) If a water allocation is managed under a resource operations licence, the registrar must not record an interest on, or dealing with, the allocation until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract—

(a) for a transfer or lease—between the transferee or lessee of the allocation and the resource operations licence holder; or

(b) otherwise—between the holder of the allocation and the resource operations licence holder.

(4) Subsection (3) does not apply if—

(a) the resource operations licence holder and the holder or proposed holder of the water allocation are the same person; or

(b) the holder or proposed holder of the allocation is a subsidiary company of the resource operations licence holder.

(5) Also, if a water allocation being amalgamated or subdivided is subject to a registered mortgage, the registrar must not act under subsection (1) unless the mortgagee has consented to the amalgamation or subdivision.

(6) The registrar must not record a dealing capable of being the subject of a contract under section 155 until the registrar receives an acknowledgement notice for the water allocation, signed by the transferee or lessee.

(7) Subsection (6) applies whether or not the holder of the water allocation has complied with the allocation holder’s obligation under section 155 to give the transferee or lessee a disclosure statement for the allocation.

(8) The registrar must not record the transfer or lease of a water allocation not managed under a resource operations licence until the registrar receives a certificate given under section 157 .

(9) An instrument that purports to give effect to a dealing of the type mentioned in subsection (1) does not transfer or create an interest at law until it is registered on the water allocations register.