Change of trustee - Request to record action

Request form W-11R (PDF 324 KB)

Dealing type - R

Legislation - s12 Trustee Act 1925

(A) Stamp duty - Required if request is dated before 1/7/2016 & is not pursuant to a will.

WAL Certificate - Required for a change of the registered holder of a WAL.

Not required for a change of a term transferee, mortgagee or chargee.

Additional Information to be Provided 1 page to be completed in the case of a change of the registered holder or term transferee of a WAL. Not required in the case of a change of mortgagee or chargee (see below).

Caveat noted on the WAL Folio - If specifically prohibited, refer to the Senior Examining Officer for service of notice on the caveator.

This form may be used to record the appointment of a new trustee as registered holder, term transferee, mortgagee or chargee.

Note  Reference to trusts or to the capacity of trustees will not be shown on the WAL title, except for private water trusts. Also see trusts page.

Written consent

The written consent for the change of a trustee who is the registered holder is required from:

  • a term transferee where a current term transfer is noted on the WAL folio. See s71N(8) Water Management Act 2000.
  • a mortgagee or chargee where a mortgage or charge is noted on the WAL folio.  Production of the WAL certificate by the mortgagee or chargee to allow registration of the dealing is acceptable in lieu of written consent. See s71L Water Management Act 2000.

(F) The number of the WAL affected by the request must be stated.

(G) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing, Specific Purpose or Supplementary.

(H) The registered number of the term transfer, mortgage or charge affected by the request must be stated.

(I) The applicant must be the new trustee.  The full name of the applicant must be stated.

(J) The nature of the transaction must be stated, e.g. appointment of new trustee.

(K) The relevant legislation must be stated, if appropriate.

(L) The details of the request must include:

  • the full name of the new registered holder, term transferee, mortgagee or chargee and
  • the registered Book and Number of the instrument of appointment pursuant to s12 Trustee Act 1925. Any associated deeds of appointment, retirement etc made subsequent to the date of the trust instrument must be registered in the General Register of Deeds.

Any office copies of wills, or evidence of the happening of an event related to the deeds of appointment, retirement etc, must be produced if they are not registered in the General Register of Deeds or microfilmed as evidence with a registered dealing.

(M) The request to merge must be executed by the applicant and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnesses or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the applicant.

See execution requirements for companies, witnesses etc pages.  Note Requirements are the same as for Real Property Act dealings except where otherwise stated.

Additional Information to be Provided

Separate details must be provided for each licence affected by the application.

If the address details are the same for each licence, the first panel only must be completed and 'as above' entered in the following panels.

A contact licence holder must be nominated for each licence. A contact licence holder is the licence holder to whom notices and other correspondence will be sent and who will receive invoices relating to the fees and water charges associated with the licence. Where there are multiple licence holders, one only must be nominated. Where the contact licence holder is a corporation its ABN, ACN or ARBN must be provided. The contact licence holder's daytime telephone number during must be provided. It will be used by the licence regulator or water delivery authority to seek any necessary clarification of information relating to the licence.

The form must be signed by or on behalf of the applicant(s) as on the application form itself. The signature(s) need not be witnessed.

If the space provided is insufficient additional sheets should be attached in the same format as this sheet.

Staff processing information

Refer to SD31 then to Legal through the Senior Examining Officer.

SD6 - Registration procedure

Affecting the registered holder

TRANSACTION    RP

CODE (name)    P, C or Q  [name of applicant; include all current registered holders]

TENANCY    S, J2 etc, T etc.

Affecting a term transfer, mortgage or charge

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of mortgage as shown on the WAL folio

PRIME NO.    number of mortgage

SUB CODE

UTAP (for a term transfer)

UMAP (for a mortgage)

UCAP (for a charge)

CODE (name)    P, C or Q  [name of applicant; include all current registered term transferees/mortgagees/chargees].

Processing Additional Information to be Provided form

If required (see above1) :

CODE        WADDR

DETAILS    [Contact licence holders details for each WAL as shown on Additional information to be provided sheet.]