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

Caveat by the Minister for Water

Form  W-08MX

Dealing type - MX

Legislation - s71E(2) Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Not required.

Caveat noted on the WAL Folio - Does not prevent.

A caveat by the Minister for Water lodged against a Water Access Licence serves the same functions as a Registrar General's caveat lodged against Real Property Act land.

A caveat by the Minister for Water prohibits the registration of certain WAL dealings; it does not create an interest in a WAL. The reason for entering the caveat determines which WAL dealings are prevented. Unlike a private caveat, which may lapse in certain circumstances, a caveat entered by the Minister for Water remains on the WAL Register until withdrawn. A WAL dealing cannot be made subject to a caveat by the Minister for Water.

A caveat by the Minister for Climate Change, Environment and Water is recorded on the folio of the WAL Register and on the WAL certificate, if available.

Staff processing information

All WAL dealings affecting a folio of the WAL Register on which a caveat by the Minister for Water is noted, that do not result in the removal of the caveat must be referred to Legal through the Senior Examining Officer, or to the Officer referred to in the caveat.