Discharge of charge

Form W-06DC (PDF 247 KB)

Dealing type - DC

Legislation - s71D Water Management Act 2000

Stamp duty - Not required.

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.

A charge may be discharged as regards:

  • less than all of the chargers or chargees.
  • 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 discharge.  For information on subdivision etc, contact DPI Water.

An extra lodgment fee is payable where more than one charge by the same chargee is being discharged on the one form.

No extra fee is payable where separate Discharge of Charge forms affecting the same charge:

  • are executed by individual chargees or
  • affect different WAL folios.

The separate dealings will be treated as a single dealing. The additional Discharge Of Charge forms are attached to the initial dealing and are treated as an annexure for execution purposes.

(E) The number of the WAL affected by the discharge must be stated.

Where the discharge of charge affects part of the WAL 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, e.g. 'WAL12345 part being 50 unit shares with nominated works at ...'.

(F) 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.

(G) The registered number of the charge being discharged must be stated.

(H) The full name of the chargee must be stated and must be identical to the name of the registered holder, mortgagee or chargee as shown on the WAL folio.  The ACN or ARBN of a company etc must be stated.

Where a chargee has died a Notice Of Death form W-02ND or a Transmission Application form W-03TA(B) or (E), as is appropriate, must be lodged before the charge can be discharged.

(I) If the charge is to be partially discharged, the full name of the affected charger must be stated and must be identical to the name as shown on the WAL folio. The ACN or ARBN of a company etc must be stated.

(J) The discharge 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.

Note  A solicitor, barrister or licensed conveyancer cannot execute on behalf of the chargee.

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 chargee that is a financial institution.

A charge may be discharged by persons other than the chargee in the following instances:

  • upon certification by an officer of the Court pursuant to s98 Conveyancing Act 1919
  • upon lodgment of a vesting Order pursuant to s74 Trustee Act 1925 (infant or mentally incapable mortgagee) or s75 Trustee Act 1925 (deceased mortgagee); or
  • upon lodgment of a discharge executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) in relation to a deregistered company. 

Staff processing information

Refer all dealings to SD31 except for the following:

Refer to SD6 where the charge has been discharged as regards part of the water allocation of in the WAL and a Notification form W-19WA subdividing the WAL has been previously lodged or accompanies the discharge.

SD6 - Registration procedure

Discharge of charge

NOTFN BRT FORWARD    select charge to be removed

NOTFN TB REMOVED    click arrow button to remove selected notification.