Water Management (General) Amendment (Registration of Security Interests) Regulation 2007 (NSW)

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2007 No 308

New South Wales

Water Management (General)

Amendment (Registration of Security

Interests) Regulation 2007

under the

Water Management Act 2000

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Management Act 2000.

PHILIP KOPERBERG, M.P.,

Minister for Climate Change, Environment and Water

Explanatory note
The object of this Regulation is to amend the Water Management (General) Regulation 2004
so as:

(a) to extend, from 36 months to 48 months, the time within which security interests in relation to certain access licences can be registered without losing their former priority in relation to other security interests, and
(b) to transfer a couple of clauses to more appropriate locations.

This Regulation is made under the Water Management Act 2000, including section 400 (the general power to make regulations) and clause 1 of Schedule 9.

Published in Gazette No 83 of 29 June 2007, page 4150 Page 1
2007 No 308 Water Management (General) Amendment (Registration of Security
Clause 1 Interests) Regulation 2007

Water Management (General) Amendment (Registration

of Security Interests) Regulation 2007

under the

Water Management Act 2000

1      Name of Regulation

This Regulation is the Water Management (General) Amendment
(Registration of Security Interests) Regulation 2007.

2 Amendment of Water Management (General) Regulation 2004

The Water Management (General) Regulation 2004 is amended as set out in Schedule 1.

Water Management (General) Amendment (Registration of Security 2007 No 308
Interests) Regulation 2007
Amendments Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Part 3, Division 3 heading

Omit “supplementary”.

[2]      Clause 29AA

Insert after clause 29:

29AA Extension of time for registration of security interests

(1)

This clause applies to any 1 July 2004 access licence for which particulars were first recorded in the Access Register on or after 1 July 2006, other than:

(a) a domestic and stock access licence, or

(b)

an access licence for which an access licence certificate has been issued, whether before or after the commencement of this clause, or

(c)

an access licence for which an access licence certificate has not been issued, but on which there is a notation to the effect that dealings in the licence may be recorded in the Access Register.

(2) This clause also applies to the following 1 July 2004 access licences, namely, the licences numbered 7593, 7770, 7793, 7799, 7800, 7952, 7960, 7961, 7983, 7984, 8184, 8278, 8285, 8311, 8312 and 8367.
(3) Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed, in its application to an access licence to which this clause applies, as if the reference in clause 19 (11) to 36 months were a reference to 48 months.
(4) In this clause, 1 July 2004 access licence means an access licence that came into being on 1 July 2004 in relation to a water source the subject of a water sharing plan listed, in connection with a proclamation under sections 55A (1) and 88A (1) of the Act, on page 5006 or 5007 of Gazette No 110 of 1 July 2004.

[3]      Clauses 40A and 40B

Renumber the clauses as clauses 21A and 21B, respectively, and transfer them to the end of Division 2 of Part 3.

BY AUTHORITY

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