Form 04NH (PDF 160 KB)
Dealing type - NH
Legislation - s 72 Water Management Act 2000
Stamp duty – Not required except where it is a change of trustee dated before 1/7/2016 and the change is not pursuant to a will.
WAL Certificate - Required for a change of the First Schedule.
- Not required for a change of ownership of a registered dealing.
Standard form of Caveat - Does not prevent registration. In the case of a change of trustee, if specifically prohibited, refer to the Senior Examining Officer for service of notice on the caveator.
The 'Additional Information to be Provided' page is required to be completed in the case of a change to the first schedule or to the term transferee of the WAL.
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.
(F) The number of the WAL affected 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 application must be stated.
(I) The full name of the applicant must be stated.
(J) The full name of the current registered holder must be stated and be identical to the name as shown on the WAL folio.
(K) The full name of the new registered holder must be stated.
(L) The legislative provision and any relevant gazettal information related to the application must be stated. A copy of the relevant Government Gazette notice is required.
In the case of a change of trustee, the following details must be included:
- the registered Book and Number of the instrument of appointment pursuant to section 12 of the 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; and
- reference should be made to section 9 of the Trustee Act 1925.
Note This application pursuant to section 72 of the Water Management Act 2000 is not acceptable for a devolution based on bankruptcy or death, where separate prescribed forms are available.
Any evidence lodged with the application must be filmed with the dealing.
(M) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:
- attorney and witnessed
- authorised officer and witnessed
- solicitor or barrister.
Note a licensed conveyancer cannot execute on behalf of the applicant.
See execution requirement 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
SD31 - Registration procedure
Affecting the registered holder
CODE (name) P, C or Q [name of new registered holder; include all current registered holders]
TENANCY S, J2 etc, T etc.
Affecting a term transfer, mortgage or charge
TRANSACTION click 'Cancel' and select 'MOD'
PRIME CODE code of term transfer/mortgage/charge as shown on the WAL folio
PRIME NO. number of term transfer/mortgage/charge
CODE (name) P, C or Q [name of new registered holder; include all current registered term transferees/mortgagees/chargees].
DETAILS (See [dealing numbers of previous notifications that changed term transferee/mortgagee/chargee] [number of Application to Record New Registered Holder]).
Processing 'Additional Information to be Provided' form
DETAILS [Contact licence holders details for each WAL as shown on 'Additional information to be provided' sheet.]