Procedures

Amendments

Amendments to folios of the Water Access Licence Register or WAL dealings may be requested by the public or by members of staff. The majority of amendments are investigated by Quality Review Section, Registration Services Unit, NSW LRS. Note Amendment to information contained in the Access Licence Details part of a WAL title must be referred to DPI Water in the first instance. Amendment to information derived from registration of a WAL dealing must be referred to NSW LRS.

Where it is considered that an amendment is required to a:

Unregistered WAL dealing - the lodging party may uplift the WAL dealing at the Client Services Counter, Customer Services Unit, NSW LRS. The WAL dealing must be relodged at the Client Services Counter within 2 months otherwise it will be rejected. Any alterations must be verified by all parties to the WAL dealing, and, if necessary, the alterations must be marked by Revenue NSW.

Registered WAL dealing - an interested party may lodge a Request form together with the appropriate evidence to support the amendment and the consent of all parties to the WAL dealing.

WAL certificate of title - the party holding the WAL certificate of title may:

  • lodge a Receipt for Production of Documents form 30-0570 with details of the required amendment, the WAL certificate of title, and any related documents, at the Client Services Counter. No fee is payable or
  • attach a letter outlining the amendment action required to a WAL dealing lodged for registration together with the WAL certificate of title.  The usual lodgment fee is payable for the WAL dealing, no fee is payable for the amendment.

Folio of the WAL Register - an interested party may:

  • lodge a Receipt for Production of Documents form 30-0570 with details of the required amendment and any related documents at the Client Services Counter.  No fee is payable or
  • an interested party may forward to NSW LRS a letter outlining the amendment action required. No fee is payable or
  • attach a letter outlining the amendment action required to a WAL dealing lodged for registration. The usual lodgment fee is payable for the WAL dealing, no fee is payable for the amendment.

Extra fees are not payable if the amendment required is due to action taken by NSW LRS.  Extra fees and/or lodgment of further WAL dealings may be required where the amendment required is due to action taken by the lodging party.

Staff processing information

Refer all amendment action to SQ99.

Correspondence and delivery

See Correspondence and delivery page

Evidence

See Evidence page

Extension of time

The following applies to Torrens Title land and Water Access Licences.

The lodging party of a dealing may request an extension of time for the satisfaction of a requisition raised after lodgment. The request must be:

  • in writing addressed to the Supervisor, Client Services Counter, and presented to a Client Services Officer, Customer Services Unit, NSW LRS and
  • made prior to the expiration of the 2 months allowed for the original requisition.

Any extension given will be for a period of 1 month, and no further extension will be given unless exceptional circumstances exist. Representations for a further extension of time must be made to the Team Leader, Registration Services Unit, NSW LRS, the Supervisor, Client Services Counter, the Senior Examining Officer, Folio Management Section, or to a Legal Officer as appropriate.

Fees

See Components of a WAL dealing form - Fees page

Lost documents

Staff processing information - see Lost documents page

Minute papers

Staff processing information - see Minute papers page

Notices of registration

28 Day Notice of Intended Registration

The following applies to Torrens Title land and Water Access Licences.

A 28 Day Notice of Intended Registration form 10-0180A is forwarded to the lodging party where clarification of the intention of a dealing that is otherwise in order for registration is required. The manner in which it is intended to register the dealing (where possible the more obvious interpretation) is set out on the form. The dealing will be registered after 28 days in the same manner as set out on the form if alternative or confirming advice is not received earlier.

Notice of Caveat

See Correspondence and delivery page

Notice of Registration

See Correspondence and delivery page

Orders of Court, injunctions, subpoenas

The following applies to Torrens Title land and Water Access Licences.

An Order of Court or injunction presented for lodgment must be annexed to a Request form. The standard lodgment fee is payable.

The request must be forwarded by hand to the Senior Examining Officer for urgent referral to Legal Division.

Where a dealing lodged affects a folio of the Register with an Order of Court or injunction noted on it, the case must be referred to Legal through the Senior Examining Officer.

Subpoenas

A subpoena must be lodged with the Public Inquiry Officer, Public Records, NSW LRS (basement 1). See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [475.500].

Production of documents

See Production of documents page

Purchasers Index

Purchasers Indexes exist for Torrens Title land, Old System land and Water Access Licences (WAL) in NSW. The Indexes list the purchasers or lessee's name in alphabetical order and give details of the land or licence involved and the dealing or deed by which they became proprietor.

A dealing is indexed where there is a change of ownership of the land, lease, including sub-leases, or WAL.

A request to not include certain information in the Purchasers Index must be directed to the Senior Policy Officer, NSW LRS Administration (level 2).

Staff processing information

A request for re-instatement of a rejected Preparation of Lapsing Notice, form 08LX, must be referred directly to Legal.

Rejection of WAL dealings

Staff processing information - see Rejection of WAL dealings page

Requisitions

See Requisitions page

Substitution of WAL dealings

The following applies to Torrens Title land and Water Access Licences.

A request for substitution of a dealing or caveat and the associated allowance of fees must be directed to the Team Leader, Registration Services Unit, or the Supervisor, Customer Services Unit, NSW LRS.

Staff processing information

Attach a new barcode dealing number label to the new dealing or caveat. The substitute dealing or caveat is connected to the case and forwarded for further action. The priority of the substitute dealing or caveat begins with the substitution.

If available the original dealing or caveat is suitably noted and returned to the lodging party.

Following registration the minute papers are kept in the File Press for 3 months, then retained for 3 years

Unnecessary WAL dealings

Staff processing information

The following applies to Torrens Title land and Water Access Licences.

Where a dealing lodged is for an action that has already been taken or is now superfluous, take the following action:

  • write 'Unnecessary' across the face of the dealing
  • marginally note the reason for making the dealing unnecessary
  • record the dealing as unnecessary in ITS. On a manual folio rule through the delayed number and write 'Unnecessary' adjacent and
  • forward the dealing for mircrofilming in the usual manner.

Urgency

The following applies to Torrens Title land and Water Access Licences.

A request for urgency as regards registration of a dealing must be supported by a letter stating the reason for the request. The request for urgency must be directed to the Team Leader, Registration Services Unit, NSW LRS. If the Team Leader is not available, a Senior Examining Officer may grant urgency.

Staff processing information

Where urgency is granted the case must be put into a red packet and taken by hand for immediate examination and registration.  All further action must be carried out without delay and the case must be forwarded by hand in every instance.

If a requisition is raised, the lodging party must be contacted by telephone and the Team Leader, Registration Services Unit, NSW LRS, must be informed of the action taken. The case must remain in the red packet and is placed in the File Press.

Withdrawal of WAL dealings

The following applies to Torrens Title land and Water Access Licences.

A written request by the Lodging Party to withdraw an unregistered dealing must be directed to the Client Services Counter, Customer Services Unit, NSW LRS. A registered dealing cannot be withdrawn.

Other dealings lodged with the withdrawn dealing will proceed to registration if in order.

Staff processing information

For withdrawal action refer the case to SD51.

The dealing is suitably marked and returned to the lodging party, unless previously uplifted and not relodged. If the dealing is relodged refer to the Senior Examining Officer SD1 for noting as withdrawn and return to the lodging party.

Any queries as regards refund of fees must be directed to the Team Leader, Registration Services Unit, NSW LRS.