Form W-12PV (PDF 258 KB)
Dealing type - PV
Legislation - s87B Water Management Act 2000
Stamp duty - Not required.
WAL Certificate - Required only where the WAL certificate is partly destroyed or partly damaged.
Caveat noted on the WAL Folio - If specifically prohibited, refer to the Senior Examining Officer for service of notice on the caveator.
A Replacement Licence Certificate form W-12PV will be accepted if the WAL certificate is:
- lost or destroyed or
- partly damaged or partly destroyed. Where the WAL reference number is ascertainable from the WAL certificate, a Request To Record Action form W-11R for issue of a replacement WAL certificate may be lodged in lieu.
A private lodging party, ie a lodging party other than a financial institution, law stationer, or solicitor, who does not have an NSW LRS dealing collection box, must provide identification, preferably photo identification, and the day time telephone number of the witness.
(E) The number of the WAL affected must be stated.
More than one WAL certificate may be included in the application providing:
- they are all in the name of the same registered holder and
- they were lost or destroyed in the same circumstances.
(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.
(G) The full name of all the registered holder must be stated and must be identical to the name of the registered holder as shown on the WAL folio.
Where the name of a registered holder has changed:
- a Change Of Name form W-10CN must be lodged. The WAL certificate will issue in the new name.
(H) The full name of the applicant must be stated.
The application may be made by:
- all or at least one of the registered holders, or a person having legal authority to act on their behalf, e.g. their solicitor. An application by a surviving joint tenant must be accompanied by a Notice of Death form W-02ND.
- a registered mortgagee or chargee, or
- an executor or administrator of a deceased owner. A Transmission Application form W-03TA(B) or (E) must be lodged, in which case the WAL certificate will issue in the name of the applicant.
(I) The appropriate item must be selected and the inappropriate items must be deleted and verified.
(J) The application 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.
NOTE:
- An attorney cannot execute on behalf of an executor, administrator or trustee of a deceased estate.
See execution requirements for companies, witnesses etc pages. Note Requirements are the same as for Real Property Act dealings except where otherwise stated.
The daytime telephone number of the witness must be included, except where the applicant is a mortgagee or chargee being a financial institution.
Where the registered holder's attorney has signed the application, the original of the power of attorney, or a copy certified by a solicitor or a justice of the the peace to be a true copy, must be furnished.
Unless accompanied by a WAL dealing changing ownership the new WAL certificate will issue in the name of the registered holder.
Evidence required
Application by the registered holder (or a person having legal authority to act on their behalf, e.g. their solicitor), or mortgagee or chargee being a non financial institution
Where the applicant is:
- the registered holder,
- a mortgagee not being a financial institution, or
- a chargee not being a financial institution
and is in control of the WAL certificate, the following must be annexed to the application:
- a statutory declaration(s) by all of the registered holders (or a person having legal authority to act on their behalf, e.g. their solicitor), or the mortgagee or chargee, in control of the WAL certificate.
- Where the registered proprietor or mortgagee is a company, the statutory declaration must be made by an authorised officer or legal representative of the company and their position and authority to do so on behalf of the company must be stated and
- original or a certified copy of photo ID of the applicant stated at Marginal Note (H) and
- corroborative evidence of the loss and of any searches or enquiries made, if appropriate.
The statutory declaration must do the following:
- Trace the WAL certificate to the person or organisation last known to have had possession of it. That person or an authorised officer of the organisation must declare fully as to the circumstances of the loss or destruction.
Where however, the party known to have had possession of the title is an organisation, other than the applicant, a statutory declaration from that organisation is not required if possession was obtained more than seven years ago.
- If destruction cannot be positively established, disclose the usual practice in regard to the safe custody of the WAL certificate and state that a search of all likely places where it could be held has been made.
- If the WAL certificate of title has been stolen, include the police event report number for the theft.
- State the particulars of any unregistered mortgage or charge affecting the licence. A statutory declaration by the mortgagee or chargee is required stating they do not have the WAL certificate in their possession.
- State that the WAL certificate is not held by any person or company as security for a loan or any other purpose.
- State that the registered holder has never been bankrupt or insolvent and has not assigned his/her/their estate for the benefit of creditors.
- State the full postal address of the registered holder where the application is lodged by a private party who is not the registered holder (for forwarding of the replacement WAL certificate by registered post).
In addition:
- Where the WAL certificate has been lost in the post, or while in possession of a courier service, a written reply to enquiries directed to the relevant organisations and the results of searches conducted must be annexed.
- Where the WAL certificate of title has been destroyed in a fire, the Brigade's report of the fire is required
- Where the is applicant is a company, an Australian Securities and Investment Commission search certificate issued within 28 days showing the company’s registered address must be annexed.
Application by a mortgagee or chargee being a financial institution
Where the application is made by a registered mortgagee or chargee being a financial institution, e.g. a bank, credit union, building society etc, that has control of the WAL certificate, the following must be annexed to the application:
- a statutory declaration by the mortgagee or chargee in control of the WAL certificate. The statutory declaration must be made by a real person and their position and authority to do so on behalf of the mortgagee company must be stated and
- corroborative evidence of the loss and of any searches or enquiries made, if appropriate.
The statutory declaration must:
- declare fully as to the circumstances of the loss or destruction. If the WAL certificate of title has been stolen or destroyed in a fire, the police event report number for the theft or the Fire Brigade's report of the fire is required
- state the particulars of any other unregistered mortgage or charge affecting the WAL and
- state the full postal address of the applicant where the application is lodged by a private party who is not the applicant (for forwarding of the replacement WAL certificate by registered post).
Note If the mortgage or charge is not registered or the financial institution is holding the WAL certificate for reasons other than a mortgage or charge, corroborative evidence from the registered holder is required.
Requests for urgency
Immediate delivery of the replacement WAL certificate is not available.
Non-delivery of Crown Grants or Certificates of Title
Inquiries should be made at the Client Services Counter if the affected folio of the Register contains a Note (NB) referring to the retaining, i.e. non-delivery of a WAL certificate.
If the WAL certificate is located in NSW LRS it will be delivered to the appropriate party on receipt of a statutory declaration explaining the reason for non-delivery and photo ID from the delivery party recorded in NSW LRS. An Application for Replacement Certificate of Title form W-12PV is not required.
Staff processing information
If the private lodging party requires immediate delivery of the WAL certificate, approval must be obtained from the Team Leader, Registration Services Unit, NSW LRS.
Where the private lodging party is not the registered holder, in the following order:
- check the signature of the registered holder, usually on the statutory declaration, with his or her signature on a registered WAL dealing, eg a mortgage or
- send a form letter "Re: Application for Replacement Licence Certificate" together with a reply paid addressed envelope to the registered holder at the address stated in the accompanying statutory declaration. Send the case to File, Resubmit 2 months. If no response is received, a 28 day Notice of Intended Rejection forms 10-0130 must be sent to the lodging party and the registered holder.
Refer to SD31
Note Where a transfer accompanies an application lodged by a private party, refer the case to the Team Leader, Registration Services Unit, NSW LRS.
SD6 - Registration procedure
PRIME CODE PW
Note
- The application must not be registered 'HIST' with following WAL dealings.
- Copies of identification verification documents must be given an evidence number and forwarded for filming.
Publication Date: May 2024