On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Party dealing with the WAL or interest

The full legal name of the party to a transaction must be stated on a WAL dealing and must be identical to the name of the holder of the WAL or the proprietor of the interest being dealt with as shown on the WAL Register

Also see Change of name of a party dealing information.

The ACN for a company must be stated.

The ARBN for other bodies corporate, other than a company or statutory authority, capable of dealing with a Water Access Licence must be stated.

A foreign company that does not have an ARBN must furnish a statutory declaration or statement set out under the company letterhead by an officer or representative of the company stating that the company:

  • is a foreign company
  • is not registered in Australia as a foreign company
  • does not have an ARBN and
  • does not carry on business in Australia.

The capacity of trustees, executors or administrators must not be shown on a dealing, see s82(1) Real Property Act 1900, except for:

  • a Transmission Application
  • a Bankruptcy Application or
  • an application pursuant to:
    • s46C Real Property Act 1900
    • s12 Trustee Act 1925 or
    • an Order of Court.

A dealing executed by a person other than the registered holder, e.g. a liquidator or pursuant to an Order of Court, must be drawn in the name of the relevant registered holder.

See dealing by a minor page.

Staff processing information

Where a party who has dealt with an estate or interest is deceased, except for a severance of joint tenancy, and the WAL dealing has been executed by the deceased, refer to Legal through the Senior Examining Officer for approval to register. Where the party severing a joint tenancy is deceased, a Notice of Death form W-02ND should be lodged and the dealing must be drawn in the name of the surviving joint tenant.