Surrender of term transfer

Form W-07ST (PDF 344 KB)

Dealing type -  R

Legislation - s71N Water Management Act 2000

(A) Stamp duty - Not required.

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 Senior Examining Officer for service of notice on the caveator. 

A term transfer may be surrendered as regards less than all of the registered holders or term transferees.

A term transfer by a registered holder may affect 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 term transfer. For information on subdivision etc, contact DPI Water.

Written consent

The consent of the Minister Water is required for a surrender of a term transfer where a notification in the Encumbrances of the WAL folio states that Minister's consent is required. The application number and date of expiry of the consent obtained from DPI Water must be stated on the surrender or in an attached letter.  The surrender must be lodged within 6 months of the date of issue of the consent. See s71L and s71M(4) Water Management Act 2000.

The written consent 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 by the surrender of the term transfer 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 full name of the term transferee must be stated and must be identical to the name of the term transferee as shown on the WAL folio. The ACN or ARBN of a company etc must be stated.

Where a term transferee 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 surrender of term transfer.

(I) 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.

(J) The registered number of the term transfer being surrendered must be stated.

(K) The consideration is optional. A consideration stated must agree with the purchase price stated in the Additional information to be provided form.

(L) The surrender must be executed by the term transferee 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 term transferee.

The surrender must be executed by the registered holder 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 registered holder.

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

Additional Information to be Provided

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

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 registered hiolder(s) as on the surrender 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 to SD31.

SD6 - Registration procedure

Surrender of term transfer

TRANSACTION    OFF

PRIME CODE    code of term transfer.

PRIME NUMBER    number of term transfer.

Surrender of the share/interest of a registered holder or 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    UA

DETAILS    Surrendered As Regards The Share/Interest Of [name of registered holder/term transferee].

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.]