New South Wales Consolidated Acts

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WATER MANAGEMENT ACT 2000 - SECT 71F

Effect of a caveat

71F Effect of a caveat

(1) A caveat on an access licence (or holding in an access licence) prohibits the recording in the Access Register of any general dealing, security interest or change in co-holder's tenancy arrangements in relation to the licence or holding that interferes with the entitlements or rights in respect of the licence or holding claimed by the person by or on whose behalf the caveat is lodged (the
"caveator" ).
(2) A caveat on an access licence or holding in an access licence does not affect the recording in the Access Register of any Ministerial action, devolution, assignment dealing or dealing on default in relation to the licence or holding.
(3) Subsection (1) does not prohibit the registration of any matter if--
(a) the caveator consents to the registration, or
(b) a court of competent jurisdiction orders the registration, or makes an order that by necessary implication requires it, despite the caveat, or
(c) the matter is required to be registered expressly or by necessary implication by any enactment of the State or the Commonwealth, or
(d) in such other circumstances as are prescribed by the regulations.
(4) Subsection (1) does not prohibit registration of any matter in relation to the access licence or holding in an access licence the subject of a caveat if the matter was lodged for registration before the caveat was lodged.
Note : Part 2 of Schedule 1A contains further provisions with respect to caveats.



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