Components of WAL dealing forms

The following are listed in the order they appear on a Water Access Licence (WAL) dealing form from top left to bottom right. The majority of components of a WAL dealing form are similar to a Real Property Act dealing form.

Heading

Every WAL dealing must have a heading.  The heading of a licensed form must be identical to the heading of the equivalent form issued by LPI.

WAL dealing number and barcode

On acceptance of a WAL dealing for lodgment a label containing the barcoded dealing number is affixed to the top right-hand corner of the dealing and must not be marked in any way. The barcode is used for microfilming purposes. The presence of a barcoded dealing number does not mean that the WAL dealing has been registered. Registration may be established by a search of the WAL Register.

The 4000000 series of dealing numbers are used for deeds and other documents registered in the General Register of Deeds. There is no differentiation between the dealing numbers used for Real Property Act dealings and Water Access Licence dealings.

The label contains a check digit. When the dealing number is entered in ITS the check digit must not be included. Also see evidence numbers or timing of dealings information below.

Evidence numbers

The following applies to Real Property Act dealings and Water Access Licence dealings.

Where documents used for evidence of identity, other than a statutory declaration, (e.g. driver's licence, passport, local council rates notice etc) are furnished with a dealing, a separate evidence label containing the barcoded evidence number is affixed to the top right-hand corner of a copy of each document. The label must not be marked in any way. The separate barcode label is to enable LPI only to access the microfilmed document.

The evidence label contains the prefix 'EV' before the number.

Marginally note the dealing with the evidence number and the type of document, e.g. 'EV1234 driver's licence'.

Marginally note the copy of the evidence document with the dealing number and the dealing type, e.g. 'AA5432 PV'.

Forward the evidence document for microfilming in the same manner as the dealing.

The page numbering of the dealing may require adjustment where evidence documents have been extracted.

Timing of WAL dealings

The following applies to Real Property Act dealings and Water Access Licence dealings. The time and date of lodgment is automatically recorded in ITS for all dealings and caveats. The time and date of lodgment may be obtained by contacting ITD.

Where an uplifted dealing is relodged, the dealing is marked with a dated 'Relodged' stamp and the time of relodgment is recorded within the stamp.

Fees

See Fees page - includes allowance of fees, no fee payable, refund of fees and current fees. Licencing fees are applied by DPI Water.

Privacy note

All WAL dealings are required by the Privacy and Personal Information Protection Act 1998 to contain a note to the effect that the information collected on the form is legally required and will be placed on a public register. Every WAL dealing lodged must contain the following statement as part of the printed form:

'PRIVACY NOTE: The Water Management Act 2000 authorises the collection of the information required by this form for the establishment and maintenance of the Water Access Licence Register. That Act allows for public access to the Licence Register and for Ministerial disclosure of information contained in the Licence Register'.

Marginal notes

The marginal Notes (A), (B) etc on the WAL non-interactive dealing forms available from this website relate to the Instructions for Completion also available from LPI, e.g. Transfer W-01T-2, Discharge of Mortgage W-05M-2. The marginal Notes may be used to identify a particular part of the printed form.

Stamp duty

As of 1/7/2016 WAL dealings do not require stamp duty. 

Where a WAL dealing dated before 1/7/2016 requires marking by the Office of State Revenue in regard to stamp duty it must bear:

  • a cash register imprint or
  • a rubber stamp.

Where the WAL dealing requires marking but no duty is payable it will be stamped 'No Duty Payable' by the Office of State Revenue.

Any WAL dealing liable to stamp duty that has been marked by the Office of State Revenue will be regarded as sufficiently stamped by LPI.

A small rubber stamp: 'Alteration Noted', is placed in the margin opposite where an alteration is noted by the Office of State Revenue.

For WAL dealings requiring marking and alterations requiring noting by the Office of State Revenue, see individual dealings in WAL dealings requirements pages.

  • A WAL dealing involving a statutory authority that does not require marking by the Office of State Revenue must bear a statement by an authorised officer declaring that the dealing is 'a Crown instrument not liable to Stamp Duty'.
  • A WAL dealing does not require marking as regards Vendors Duty.

WAL dealing code

The dealing code on a  Water Access Licence dealing form is used for LPI data entry purposes. The dealing code must appear on the form.

Lodging party panel

The following information must be stated in the Lodging Party panel of a WAL dealing:

  • the LPI Document Collection Box number, if available. The Document Collection Box number must match the lodging party details
  • the name and address of the lodging party. The daytime telephone number is desirable, especially for private parties and
  • the numerical order of the WAL dealing and the total number of WAL dealings lodged as a case. This information will be used to establish the priority of registration.

The client reference details may be completed. The information is included on the invoice. If no details are supplied enter the name of a party to the WAL dealing in ITS. See Fees page.

WAL number panel

The current reference number for the WAL folio must be stated on all WAL dealings.

  • Only the current reference for the WAL folio is required and the unnecessary inclusion of prior WAL folio references should be avoided as this can be misleading.
  • An expired WAL will not appear in ITS.

A WAL dealing affecting part of a WAL folio other than the shares or interest of a registered owner cannot be accepted; the WAL must be subdivided first. Refer the client to DPI Water T: 1800 353 104, www.water.nsw.gov.au.

An extra lodgment fee is payable for each additional group of 20 references to WAL title or part thereof included in the WAL Number panel.

The current reference number for the WAL folio must be stated on all WAL dealings. A reference may be updated only when a new folio has been created after lodgment and before registration of the WAL dealing.

In all other circumstances where the current reference is not stated, or where an incorrect reference is stated, the WAL dealing is not acceptable. If the WAL dealing has been accepted for lodgment raise a requisition: 'The reference number for the WAL folio requires updating/revision'.

Registered WAL dealing

The number of the registered WAL dealing, e.g. mortgage or charge, that is affected must be stated. The affected WAL dealing does not have to be registered at the time of lodgment, but must be noted on the WAL folio or accompany the subject WAL dealing.

Licence tenure type

The tenure type of the WAL must be stated, i.e:

  • Continuing
  • Specific Purpose or
  • Supplementary.

A mortgage or charge cannot be registered on a Specific Purpose WAL.

Party dealing with the WAL or interest

See Party dealing with WAL interest page.

Change of name of party dealing

Where there is a change of name or discrepancy between a registered owner, term transferee, mortgagee or chargee as shown on the WAL folio and as stated on an incoming WAL dealing, and the party will remain on title following registration of the WAL dealing, and:

  • providing the change of name can be included in the notification entered for the WAL dealing, statutory evidence of the change of name is required and the change of name will be recorded. A Change Of Name form W-10CN is not required and if lodged with the WAL dealing will be treated as evidence or
  • the change of name cannot be included in the notification for the WAL dealing:
    • a Change Of Name form W-10CN may be lodged to record the change of name or
    • statutory evidence of the change of name is required but the change of name will not be recorded.

Where there is a change of name or discrepancy between a registered owner, term transferee, mortgagee or chargee as shown on the WAL folio and as stated on an incoming WAL dealing, and the party will be removed from the WAL folio on registration of the WAL dealing, statutory evidence of the change of name is required. A Change of Name form W-10CN lodged with the WAL dealing will be treated as evidence.

Where there is a change of name or discrepancy between a term transferee, mortgagee or chargee as shown on the WAL folio and as stated on an incoming WAL dealing, and the party will be removed from the WAL folio on registration of the WAL dealing:

  • a statement on the WAL dealing such as 'formerly known as' or 'now known as' is acceptable and no further evidence is required or
  • statutory evidence of the change of name is required.  Note  A Change Of Name form W-10CN lodged with the WAL dealing will be treated as evidence.

Part taking

See Party taking page.

Tenancy and shares

Tenancy must be specified where there is more than one party taking in a WAL dealing. The tenancy must be joint tenants, or tenants in common, or a combination thereof.

If the parties are tenants in common the shares must also be specified. Shares may be shown:

  • as fractions, e.g.2/5 and 3/5
  • by decimal point, e.g. 0.75 and 0.25 or
  • as percentages, e.g. 60% and 40%.

The tenancy/shares of all registered proprietors are recorded in the Holder(s) part of the WAL Register. The tenancy/shares are not recorded in the Encumbrances part of the folio, but may be ascertained from the WAL dealing. Where possible show shares as fractions in the lowest common denominator. See Joint tenancy section of RPA Components of a dealing form page.

Note  A life interest may not be created over a water access licence.

Encumbrances

The registered owner of a WAL or interest holds subject to any interests recorded on the WAL Register (similar to the Torrens Title Register, see s42(1) Real Property Act 1900) and any document will be taken subject to any interest recorded on the WAL Register.

Where more than one mortgage or charge is lodged together or connected after lodgment, the priority is determined by the document order stated in the Lodging Party panel. A letter by the party ceding priority and attached to a document before registration may alter the priority of mortgages and charges lodged together or connected after lodgment.

Any mortgage or charge that is to remain on the WAL Register, and does not have priority over the mortgage or charge under which a power of sale is being exercised, must be referred to in a letter attached to the Transfer Under Power Of Sale form W-01TP.

An interest that has not been lodged must not be referred to in a WAL dealing.

A 28 Day Notice Of Intended Registration form 10-0180 will be sent where an unregistered interest stated in the WAL dealing has not been lodged. The WAL dealing will be marginally noted as to the action taken and the minute papers will be retained

Consideration

The consideration does not have to be stated on a WAL dealing, except for a Transfer Under Power of Sale.

A transfer for a nominal or no consideration:

  • from a company or
  • executed by the attorney for the transferor

must be referred to Legal through the Senior Examining Officer

Operative words

The operative words are those words that specify the transaction contained in the WAL dealing, e.g. 'transfers to ...', 'mortgages to ...', as opposed to recitals, e.g. '... being the registered holder of ....' The substitution or deletion of an operative word is unacceptable. An addition to the operative words is acceptable if the intention is precisely stated. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [250.350].

A qualification to the intent or effect of a WAL dealing is acceptable provided that the operative words remain clear and unambiguous, and the essential nature of the dealing remains unaltered, e.g. a discharge of mortgage may state 'without prejudice to the rights, powers and remedies of the mortgagee'.

Certificate of correctness

All WAL dealings and caveats must bear a certificate of correctness for the purposes of the Water Management Act 2000.

Deletion of the certification is objectionable.

Where the execution is contained in an annexure, no objection will be raised to the omission of the certification from the annexure provided it appears on the dealing itself and the page number containing the execution is referred to in the space provided for execution on the dealing form and the annexure has been properly identified.

Execution of dealing forms and General Register documents

See Execution pages

Page Numbering

The total number of pages making up the dealing must be entered in the appropriate location at the foot of the form. Any annexure must be included in the total. Every page of any annexure must be numbered at the foot of each page in the centre and must be in the format 'Page 1 of 5'. The form itself and all the annexures must together form one sequence. The form must be page 1.

WAL form number

The WAL dealing form number, e.g. W-01T, assigned by LPI or the clients own form number, is used to identify the type of form, and may appear on the bottom left hand corner of a WAL dealing form. The WAL dealing form numbers are similar to the Real Property Act dealing form numbers and consist of:

  • the letter 'W' to indicate it is a Water Access Licence dealing and
  • 2 digits and terminal alpha character(s) being a code for LPI purposes, e.g. W-02ND for Notice of Death.

The absence of a form number or the appearance of the client's own form number in place of the LPI number will not be questioned.

LPI licence number

From January 1995 approval was given to certain clients to prepare and print their own Real Property Act dealing forms in accordance with LPI requirements. In August 1999 the licensing agreement was altered so that licences are issued on a renewable basis.  A unique licence number is assigned to each approved dealing form. Water Access Licence dealings may be licensed in the same manner.

For a WAL dealing form the licence number must be part of the printed form and appear on the bottom left hand corner of the form, below or to the right of the form number. The licence number cannot be added to an approved form after printing. A photocopy of an approved form is acceptable providing it is clear, on the correct paper, and bears original signatures and company seals.

Alterations

All alterations to the WAL dealing and any annexure must be initialed by the parties in the margin opposite. Certain alterations must be noted by the Office of State Revenue, see the table at the head of each dealing in WAL dealing forms.

Annexures

See Annexures page.

Multiple instruments

A single WAL dealing that attempts to carry out more than one transaction is a multiple dealing and an extra fee may be payable. The most common instances of multiple dealings attracting an extra lodgment fee are:

  • a single transfer of separate WALs in different ownership to the same transferee
  • a single transfer of separate WALs to different transferees from the same transferor
  • a single mortgage or charge by different owners of separate WALs to the same mortgagee or chargee
  • a single mortgage or charge of separate WALs to different mortgagees or chargees
  • a single discharge of more than one mortgage.

A multiple WAL dealing must be referred to the Senior Examining Officer before accepting for lodgment. Senior Examining Officer - if the WAL dealing is clear in intention and has a common party determine the appropriate fee and the manner of registration.  An extra fee must be assessed for each additional notification to be entered.