Transfer under power of sale

Form  W-01TP (PDF 367 KB)

Dealing type -  TP

Legislation -  s71X Water Management Act 2000

(A) Stamp duty - Required where transfer under power of sale is dated before 1/7/2016.

WAL Certificate - Required.

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.

A Transfer Under Power of Sale form W-01TP can be used in relation to a mortgage or charge.

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 folio.

Note  The subject mortgage or charge will be removed by the transfer under power of sale. All other mortgages and charges that do not have priority over the subject mortgage or charge will be removed by the transfer under power of sale unless referred to as an encumbrance in an attached letter.

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 DPI Water 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.

(F) The number of the WAL affected 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.

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

(J) The registered number of the mortgage or charge that is the subject of the power of sale must be stated.

(K) The date of the subject mortgage or charge must be stated.

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

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

(N) The consideration must be stated and must agree with the purchase price stated in the NOS form.

(O) The transfer must be executed by the transferor 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.

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 registered holder is not required to execute the transfer.

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 except for the following

Refer to SD6

For SD6 - Refer to Legal through the Senior Examining Officer

A transfer:

  • where a caveat, except for a caveat claiming an estate or interest pursuant to an unregistered mortgage, is noted on the WAL folio.
  • where the consideration is nominal or other than cash.
  • where the transferor and transferee are not at arm's length.

Registration procedure - SD6

CODE (name)    P, C or Q  [name of transferee; include all current registered holders]

TENANCY    S, J2 etc, T etc.

To cancel the subject mortgage or charge

NOTFN BRT FORWARD    select mortgage or charge to be removed

NOTFN TB REMOVED    click arrow button to remove selected notification.

Note

  • an unqualified caveat claiming an estate or interest pursuant to an unregistered mortgage or charge will be removed on registration of the transfer
  • any WAL dealing referred to in a letter attached to the transfer, except for the subject mortgage or charge, will remain on the WAL folio
  • all WAL dealings registered prior to or that have priority over the subject mortgage will remain on the WAL folio and
  • the subject mortgage or charge and any mortgage or charge that does not have priority over the subject mortgage or charge and that is not noted in a letter attached to the transfer will be removed on registration of the transfer.

Processing Additional Information to be Provided form

CODE        WCON

DETAILS    [Consideration for each WAL shown separately as on Additional information to be provided sheet.]

CODE        WADDR

DETAILS    [Contact licence holders details for each WAL as shown on Additional information to be provided sheet.]