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

Notification

Dealing type -  WA

Legislation - See below.

Stamp duty - Not required.

WAL Certificate - Required where:

  • the WAL certificate has been issued or
  • the water share component for the WAL is decreased as a result of a transfer of the whole or part of the water allocation to another WAL. See s71Q Water Management Act 2000.

Not required where the water share component for the WAL is increased as a result of a transfer of the whole or part of the water allocation from another WAL. See s71Q Water Management Act 2000.

Note  A Notation: 'Dealings May Not Be Registered' entered on the WAL folio for the WAL that is increasing its water share component will not prevent registration of the Notification.

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

The Notification form is prepared by WaterNSW and given to the applicant for execution and lodgment with NSW LRS. The Annexure 'A' referred to in the Notification form is forwarded separately by WaterNSW to NSW LRS. 

A Notification is used for the following actions pursuant to the Water Management Act 2000:

s61  allows for the creation of a specific purpose licence with shares or a zero share licence (no expiry date)

s63  allows for the creation of a new WAL

s65  allows for the creation of a continuing licence with specific share units (no expiry dates)

s71O  changes the category of a WAL; the existing WAL is cancelled and a new WAL is created. This does not apply to Local water utilities or to a Supplementary tenure WAL

s71P  subdivision and consolidation of WALs

s71Q  assignment of rights, ie transfer of part of the water allocation from one WAL to another WAL

s71R  change of the water share component and water source.  This does not apply to Local Water Utilities or to a Supplementary tenure WAL

s71S  change of water supply work approval

s71U  transfer of a WAL from or to another State or Territory

s71W  addition or removal of a water supply work to a WAL.

s74  allows a holding to exit a WAL 

Written consent

The written consent:

  • of a term transferee is required where a current term transfer is noted on the WAL folio. See s71N(8) Water Management Act 2000 and
  • of a mortgagee or chargee is required where a mortgage or charge is noted on the WAL folio, except where the share component of the WAL is increased as a result of a transfer of the whole or part of the share component from another WAL.  Note  Consent is required for the WAL with the decreased water allocation. See s71Q Water Management Act 2000. 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.
  • of a mortgagee or chargee is required where a mortgage or charge is noted against the share of the holder exiting pursuant to s74Water Management Act 2000.

(E)  The number of the WAL affected by the notification must be stated.

'Creation of new WAL' or words to that effect will be stated where a new WAL is to be created.

(F)  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.

Note  Only s71O and s71W can affect a Specific Purpose tenure WAL.  Section 71O and s71R cannot affect a Supplementary tenure WAL.

(G)  The full name of the applicant must be stated. Note   A registered term transferee may apply under s71W Water Management Act 2000.

(H)  The application number must be stated.

(I)  The 'Lodge by date', i.e. the last day for lodgment with NSW LRS, must be stated. The Notification will not be accepted if this date has passed. Refer any queries to WaterNSW .

(J)  The number of WAL folios to be created must be completed. This number is used to determine the lodgment fee. An extra fee is payable for each new WAL to be created.

Note  This is the total number of new WALs (i.e. with a new WAL reference number) to be created pursuant to s71O, s71P, s71R or s74 Water Management Act 2000. There is no extra fee for issue of the next edition of the current WAL.

(K)  The notification must be executed by the applicant and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed or
  • solicitor or barrister
  • licensed conveyancer.

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

Staff processing information

Note  Where a new WAL is to be created, enter 'NO REFS' in ITS to accept dealing for lodgment.

Warning a Notification must be referred to SD31 in every instance.

Note  A Notification is not considered to be a Ministerial action and is not excepted by s71F(2) Water Management Act 2000.

Details of the action to be taken are annexed to an Instructions cover sheet prepared by WaterNSW and are forwarded separately to SD31. The Application Number stated on the Notification form is used by SD6 to identify the appropriate Instructions cover sheet. The annexure to the Instructions cover sheet is attached to the Notification form. Instructions cover sheet that has passed the 'lodged by date' will be cancelled following direction from WaterNSW. Refer any doubt to SD6.

Note

  • a Notation: 'Dealings May Not Be Registered' on a WAL folio applies to a Notification form, except where:
    • the Notification form relates to WaterNSW Instructions that include a direction to remove the Notation or
    • the water share component is being increased as a result of a transfer from the water allocation in another WAL.
  • more than one action can be included in the Instruction forwarded from WaterNSW. An extra fee is not payable.
  • where a new WAL is to be created enter 'NO REFS' in ITS to accept dealing for lodgment.
  • the number of WAL folios to be created stated at Note (J) must be used to determine the lodgment fee. An extra fee is payable for each new folio of the WAL register to be created.

For an Instruction by WaterNSW form W-19WB (prepared and lodged WaterNSW).