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

Folios of the WAL Register

A computer folio, called a WAL folio, and the corresponding WAL certificate, may be created for a Water Access Licence at the direction of WaterNSW.

Each WAL folio contains the following. Note  The WAL certificate does not contain Part C Notations:

Heading

Water Access Licence, Water Management Act 2000.

Computer Folio Reference

The Water Access Licence number used to identify the particular licence folio of the WAL Register, e.g. 'WAL12345'.  Note  Do not insert a space between the word 'WAL' and the number for searching purposes.

Edition Number and Date

The WAL folio is given the next edition number on registration of a WAL dealing. The edition number of the WAL certificate lodged with a WAL dealing must be identical to the current edition number of the WAL folio.

Tenure Type

Either Continuing (C), Specific Purpose (SP) or Supplementary (S). Note  Mortgages and charges cannot be registered on Specific Purpose tenures.

Part A - Holder(s)

Names, tenancy and shares of the holders of the WAL. A 'Warning Note' indicates that the WAL does not have State guarantee as to ownership or security interests. Note  The tenancy/shares of the holders relates to their holding in the licence and is distinct from the share component at Part D - Access Licence Details.

Part B - Encumbrances

Notifications affecting the WAL including:

  • specific warnings as regards information contained or not contained in the WAL
  • registered term transfers, mortgages, charges, caveats and related transactions etc; and
  • specific requirements for Minister's consent etc.

Part C - Notations

Specific information related to the registration of WAL dealings and/or issue of the WAL certificate. Details of unregistered WAL dealings affecting the folio.

Part D - Access Licence Details

Specific information including:

  • the Category of the WAL determined by WaterNSW
  • the Share Component of the water available from the stated water source within the stated water sharing plan. The share component is expressed in terms of units for a Continuing or Supplementary tenure WAL and in megalitres for a Specific Purpose tenure WAL
  • the Extraction Component detailing the times/rates/circumstances for accessing water and the type of source and zone covered by the licence
  • the Nominated Works approval number(s) of the pump, bore etc that must be used to extract water under the licence. The nominated works are the linkage between the WAL and the land where the water is used
  • Conditions determined and held by WaterNSW and
  • Notes containing contact details for WaterNSW, the reference number and the number of the entitlement, if applicable, held under the former Water Act 1912.