Queensland Consolidated Acts Queensland Consolidated Acts(1) If the draft plan allows for water allocations to be granted, the notice published under section 100 must also state that—
(a) any existing water entitlement holders may give the chief executive a notice in the approved form stating the holders wish to be recorded on the water allocations register other than as tenants in common in equal shares; and
Editor's note—
See section 121(4) and (5).
(b) existing interest holders may give the chief executive a notice in the approved form stating the interest holder intends to take action to have the holder's interest recorded on the water allocations register; and
(c) if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form.
(2) It is declared that—
(a) an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and
(b) the existing mortgagee's interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water.
(3) It is also declared that a person is not a proposed water allocation holder under subsection (1)(c) unless—
(a) the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and
(b) the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land.