Transmission application by a devisee, beneficiary or next-of-kin

Form W-03TA(B) (PDF 338 KB)

Dealing type - TA

Legislation - s72 Water Management Act 2000

(A) Stamp duty - Required where the transmission application is dated before 1/7/2016 including deceased term transferee, mortgagee or chargee.

WAL Certificate - Required for a deceased registered holder of the WAL.

Not required for a deceased term transferee, mortgagee or chargee.

Additional Information to be Provided page to be completed in the case of a deceased registered holder or term transferee of the WAL. Not required in the case of a deceased mortgagee or chargee (see below).

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

Note  A transmission application is considered to be an instrument of devolution, see s71F(2) Water Management Act 2000.

This form may be used to record the beneficiary, devisee or next-of-kin of a deceased registered holder, term transferee, mortgagee or chargee who is registered in a sole capacity or as a tenant in common.

See Transmission application by an executor, administrator or trustee page.

Note  For the purpose of this manual fiduciary capacity consists of executor, administrator or trustee. Non-fiduciary capacity consists of beneficiary, devisee or next-of-kin.

A Transmission application affecting more than one mortgage or charge involving the same deceased registered holder (eg. the same mortgagee) and applicant is a multiple instrument. See Fees page.

Written consent

The written consent, where the registered holder of the WAL is affected:

  • 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 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, Specific Purpose or Supplementary.

(H) The registered number of the term transfer, mortgage or charge affected by the transmission application must be stated.

(I) The full name of the deceased must be stated and must be identical to the name of the registered holder, term transferee, mortgagee or chargee, as shown on the WAL folio, and to the name of the deceased as shown in the probate or letters of administration.

(J) The full name of the applicant must be stated.

(K) Tenancy must be stated where there is more than one applicant. If tenants in common, the shares held must be stated.  Reference to the tenancy/shares will not be entered on the WAL folio where the application affects a term transfer, mortgage or charge.

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

(L) The full name of the executor, administrator or trustee must be stated and must be identical to the name of the executor, administrator or trustee shown in the probate or letters of administration.  The capacity must be indicated.

The consent must be executed by the executor, administrator or trustee and be witnessed (not by the applicant). Note  A solicitor or licensed conveyancer cannot sign on behalf of the executor, administrator or trustee.

Where the executor for the deceased estate has died, the executor of the deceased executor may consent, i.e. executor by representation. The probate of the deceased executor must be furnished. Note  The executor of a deceased administrator cannot act as executor for the deceased estate; new letters of administration must be granted.

(M) The date of death of the deceased must be stated.

The number of the probate/letters of administration, date of grant and the name of the person to whom the grant was made must be stated and be identical to the evidence furnished.

The terms that do not apply to the evidence furnished must be deleted and verified.

The date of execution must be stated.

(N) The transmission application must be executed by the applicant and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the applicant.

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

The transmission application must be accompanied by evidence in the form of the probate, letters of administration, or a copy thereof certified by a solicitor, barrister, justice of the peace, or an authorised employee of an organisation (a stamp identifying the organisation must be affixed and the name and capacity of the employee must be stated).  A Probate Division office copy or exemplification of the will is acceptable. The evidence must indicate to whom and in what capacity the applicant is to hold the WAL, or term transfer, mortgage or charge. Note  A Death Certificate is not acceptable evidence as the claiming capacity of the applicant is not stated.

A probate granted in another State must be re-sealed by the Probate Division of the Supreme Court of NSW.

Where a limited or contingent grant of probate or letters of administration is furnished, a statutory declaration is required to establish that the grant has not been terminated by the happening of the subject event.

Where the NSW Trustee and Guardian is the executor or administrator of an estate, a certificate under s122 NSW Trustee and Guardian Act 2009 may be lodged in place of the probate or letters of administration.

Additional Information to be Provided

Separate details must be provided for each licence affected by the application.

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 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 applicant(s) as on the application 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.

Registration procedure

Affecting a deceased registered holder

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

TENANCY    S, J2 etc, T etc.

Affecting a deceased term transferee

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of term transfer as shown on the WAL folio

PRIME NO.     number of term transfer

SUB CODE UWTTT

CODE (name)    P, C or Q  [name of applicant; include all current term transferees].

Affecting a deceased mortgagee or chargee

TRANSACTION    MOD

PRIME CODE    code of mortgage or charge as shown on the Wal folio

PRIME NO.    number of mortgage or charge

CODE (name)     P, C or Q  [name of all current mortgagees or chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee or chargee] [number of Transmission Application]).

Note: Previous under notifications that changed the mortgagee/chargee must be removed by Departmental Dealing. The dealing numbers of the removed notifications must then be added to the oncoming Transmission dealing number in the free text field in chronological order, eg: AA123 Mortgage to Smith Bank Pty Ltd. See dealings AB456 AC789

Processing Additional Information to be Provided form

CODE        WADDR

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