Dealing type - T
Legislation - s71M Water Management Act 2000
(A) Stamp duty - Required where the transfer is dated before 1/7/2016, except where the transfer is for a change in tenancy/shares that does not alter the overall share distribution.
WAL Certificate - Required except as follows:
- not required for a severance of a joint tenancy.
"Additional Information to be Provided" page to be completed (see below).
Caveat noted on the WAL Folio - If specifically prohibited, refer to the SD6 for service of notice on the caveator.
Note A Transfer form W-01T may be used to change the ownership and/or tenancy/shares of the holder of a WAL. Changes to the WAL details, eg the share component or the nominated works, must be referred to WaterNSW. Application forms are available from WaterNSW website (www.waternsw.com.au).
The transfer may affect less than all of the registered holders. Note The transfer will sever a joint tenancy (see Transfer Unilaterally Severing Joint Tenancy W-01TJ for action to be taken as regards service of notice on the other joint tenant).
A registered holder may transfer less than the whole of their holding in the WAL. Note Care must be taken to distinguish between the licence holder's "interest or share" in the Water Access Licence as a joint tenant or tenant in common and the licence holder's "share" in the actual water allocation represented by unit shares or water volume. The holder's share in the WAL may differ from the holder's actual unit share in the water allocation.
A registered holder may transfer a part of a WAL in terms of the water allocation providing a Notification form W-19WA subdividing the WAL is lodged before or accompanies the transfer. For information on subdivision etc, contact WaterNSW.
Reference to trusts, or to the capacity of trustees, executors or administrators is not acceptable on a transfer, except for private water trusts, and will not be shown on the WAL title.
Note A life interest may not be created over a water access licence.
Climate Change, Environment and Water Minister's Consent
The consent of the Minister for Water is required for a transfer where a notification in the Encumbrances of the WAL folio states Minister's consent is required. The application number and date of expiry of the consent obtained from WaterNSW must be stated on the transfer or in an attached letter. The transfer must be lodged within 6 months of the date of issue of the consent. See s71L and s71M(4) Water Management Act 2000.
The written consent of a mortgagee or chargee is required where a mortgage or charge is noted on the WAL folio. 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.
(F) The number of the WAL being transferred must be stated.
Where part of the WAL is being transferred in terms of the water allocation, the part must be adequately described together with any other changes to the WAL that may occur as a result of the registration of the associated Notification form W-19WA, eg "Part WAL12345 see reference number ................... in instruction D......”.
(G) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, ie Continuing, Specific Purpose or Supplementary.
(H) The full name of the transferor must be stated and must be identical to the name of the registered holder as shown on the WAL folio. The ACN or ARBN of a company etc must be stated.
A transfer by:
- a company under administration must be drawn in the name of the company and the name must be followed by the words "under administration"
- a company in liquidation must be drawn in the name of the company and the name must be followed by the words "in liquidation"
- a company in receivership must be drawn in the name of the company and the name must be followed by the words "in receivership".
A transfer pursuant to an Order of the Family Court of Australia must be drawn in the name of the relevant registered holder as transferor.
A local water utility can only transfer a WAL to another local water utility. See s71M(2) Water Management Act 2000.
A major water utility can only transfer a WAL to another major water utility. See s71M(3) Water Management Act 2000.
(I) The full name of the transferee must be stated. The ACN or ARBN of a company etc must be stated.
A transfer to a statutory authority that is not a State owned corporation must be drawn in the name of Her Majesty Queen Elizabeth the Second on behalf of the responsible Minister. The transfer will be registered to show "Her Majesty Queen Elizabeth the Second ([name of the relevant department or authority])", eg "Her Majesty Queen Elizabeth the Second (State Rail Authority)".
A transfer by direction, ie intervening parties between the transferor and the transferee, must state the full name of the transferee. The full names of the intervening parties may also be shown at Note (H) or on an annexure. Note All intervening parties must execute the transfer. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [549.500].
(J) Tenancy must be stated where there is more than one transferee. If tenants in common, the shares held must be stated.
(K) If less than the whole of the transferor's holding in the WAL is being transferred, the share being transferred must be stated. Note This must not be stated in terms of unit shares or water volume. Otherwise leave this field blank if transferring all of the transferor's holding.
(L) The consideration is optional.
(M) The applicable item must be selected from the drop-down list : If all the transferor’s holding is being transferred, select “all the transferor’s rights in the water access licence”; if less than all the transferor’s holding is being transferred, select “the holding specified in the water access licence”. See also (K) above.
The transfer must be executed by the transferor1 and be witnessed, or be executed on their behalf by the following:
- attorney and witnessed
- authorised officer and witnessed.
Note A solicitor, barrister or licensed conveyancer cannot execute on behalf of the transferor.
The transfer must be executed by the transferee and be witnessed, or be executed on their behalf by the following:
- attorney and witnessed
- authorised officer and witnessed
- solicitor or barrister.
Note a licensed conveyancer cannot execute on behalf of the transferee.
1 A transfer by a company under administration, in liquidation or in receivership must be executed by the administrator, liquidator or receiver and the capacity must be stated. The transfer may be signed under the seal of the company and no witness is required, or signed without the seal and the execution must be witnessed.
1 A transfer may be executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) where the transferor is a deregistered company.
1 A transfer pursuant to an Order of the Family Court of Australia may be executed by the transferor, the transferor's attorney, an officer of the Court or by any person so directed by the Court. The capacity of the Court officer must be stated, eg Registrar or Deputy Registrar. Where the Court has ordered the transfer to be executed by a person other than the transferor or an officer of the Court, eg. the transferor's spouse, an office copy of the Order must accompany the transfer.
See execution requirements 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 in the transfer.
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 consideration must be shown for each licence in the transfer. The total consideration for all the licences in the transfer must also be shown. If the consideration is other than an amount of money '0.00' must be entered.
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 transferee(s) as on the transfer 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 all dealings to SD31
Refer to Legal through the Senior Examining Officer in the case of a transfer:
- to the transferor's attorney
- in favour of a company in liquidation
- from a company for a nominal sum or no consideration
- by the transfeor's attorney for a nominal sum or no consideration
- where there is doubt as to the corporate status of the transferee
CODE (name) P, C or Q [name of transferee; include all current registered holders]
TENANCY S, J2 etc, T etc.
Processing "Additional Information To Be Provided" form
DETAILS [Consideration for each WAL shown separately as on “Additional information to be provided” sheet.]
DETAILS [Contact licence holders details for each WAL as shown on “Additional information to be provided” sheet.]