Charge

Form W-06C (PDF 273 KB)

Dealing Type - C

Legislation - s71D Water Management Act 2000

(A) Stamp duty - Required where the charge was executed before 1/7/2016. Any alteration that increases the principal sum must be marked.

WAL Certificate - Required.

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

The charge may affect less than all of the registered holders.  See s71D(1) Water Management Act 2000

Reference to trusts, or to the capacity of trustees, executors or administrators is not acceptable on a charge, except for private water trusts, and will not be shown on the WAL title.

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.
  • 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 charged must be stated.

(G)    The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing or Supplementary.

A charge cannot be registered on a Specific Purpose tenure WAL, see s71D(2) Water Management Act 2000.

(H)    The full name of the charger 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.

(I)    The full name of the chargee must be stated. The ACN or ARBN of a company etc must be stated.

(J)    Tenancy must be stated where there is more than one chargee. If tenants in common, the shares held must be stated. Reference to tenancy/shares will not be entered on the WAL folio.

(K)    The relevant annexure must be specified. The annexure must be identified as such. Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.

(L)   The relevant memorandum must be specified.

(M)    The postal address or DX for service of Department of Water and Energy notices on the chargee must be stated. For a subsequent change of address.

Note  The address is not restricted to NSW.

(N)    The appropriate items must be completed and any deletions must be verified.

(O)    The charge must be executed by the charger 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 charger.

The charge must be executed by the chargee 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 mortgagee.

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

Note  The address of the witness is not required for a financial institution.

Staff processing information

Refer to SD31.

Note  The charge will sever a joint tenancy where less than all of the joint tenants are a party to the charge (see Transfer Unilaterally Severing Joint Tenancy W-01TJ for action to be taken as regards service of notice on the other joint tenant). Refer to the Senior Examining Officer for preparation of a Departmental Dealing to record the severance of joint tenancy.

SD6 - Refer to the Senior Examining Officer

Where less than all of the joint tenants are a party to the charge.

Senior Examining Officer Notice of the severance must be served on the other joint tenant. A Departmental Dealing must be prepared and registered to change the tenancy of the registered holders to tenants in common in shares comparable to the interest held as a joint tenant.

SD6 - Refer to Legal through the Senior Examining Officer

A charge pursuant to:

  • Bankruptcy Act 1966
  • Contaminated Land Management Act 1997
  • Criminal Assets Recovery Act 1990
  • Fines Act 1996
  • Proceeds of Crime Act 1987
  • Protection of the Environment Operations Act 1997
  • Social Security Act 1991
  • Victims Rights and Support Act 2013.

SD6 - Registration procedure

PRIME CODE    C

CODE (name)    P, C or Q  [name of chargee].

Affecting the share of a registered holder

DETAILS    As Regards The Share Of [name of registered holder].