There are three government bodies involved in water access licence dealings:
- NSW Office of Water
- Land and Property Information (LPI)
- State Water Corporation (State Water)
There are two types of water access licence dealings:
- General water dealings
- Water allocation assignment dealings
General water dealings
General water dealings under the Water Management Act 2000 include the trading of water access licences, as well as any changes to water access licences.
Water access licences are maintained on the Water Access Licence Register (WAL Register) by LPI.
General water dealings only take effect when registered by LPI on the WAL Register. In most cases, the dealing application form must be accompanied by the water access licence certificate (WAL Certificate) before any transactions or dealings can be undertaken. If you do not already hold your WAL Certificate, you will need to complete and lodge the application form Water access licence Title/Certificate release (PDF 72 KB). Please note this form can only be completed if there are no outstanding security interests.
Some general water dealings, including assignment of share component and change of nominated work, require consent by the NSW Office of Water, before registration with LPI.
Applying for a water access licence dealing
You can apply for a water access licence dealing using two options:
- Go to Water Applications Online for an easy to use, interactive option. Applications using the online service can be processed faster than those submitted by post. Applicants can also track the progress of their application using a unique reference number. Once completed, a copy of the application must be printed out, signed by all applicants, and faxed, emailed as a scanned attachment, posted or lodged in person at the NSW Office of Water licensing office indicated in the online application. Application fees can be paid online using a credit card. For more information on online payment go to Applying and paying online – frequently asked questions.
- Download an application form as a PDF document or obtain a print copy from your local water licensing office. Complete it either in handwriting or onscreen using Adobe Acrobat Reader (Version 8 or above - download the latest version of Adobe Acrobat). The form must be signed by all applicants and submitted either by fax, by email as a scanned attachment, by post or lodged in person at your local water licensing office. When using the print application form, application fees can be paid by phone using a credit card, or by cheque made out to the NSW Office of Water.
Water allocation assignment dealings
A water allocation is a volume of water (in megalitres) credited to a water access licence water allocation account. All or part of the water allocation can be traded.
Water allocation assignment dealings under the Water Management Act 2000 in regulated and major inland groundwater systems must be lodged with State Water.
Water allocation assignment dealings in unregulated rivers and groundwater systems NOT managed by State Water are available in very limited circumstances where extraction is metered. The NSW Office of Water is the consent and registration authority for these dealings.
Process for water allocation assignments dealings
Go to Assigning water allocations between access licences for more information.
What fees apply to dealing applications?
The current Independent Pricing and Regulatory Tribunal (IPART) determination identifies fees for water access licence dealings. For more information on fees set by IPART go to Applications and fees.
Once approved, LPI charges a fee to register the licence on the Water Access Licence Register.
A derivative is a type of financial service and is regulated under the Corporations Act 2001 (Cth). An arrangement entered into for a dealing may be a derivative. It will depend on the terms of the arrangement and whether water trading exemptions apply under the Corporations Laws Amendment (2014 Measures No. 1) Regulation 2014.
You are encouraged to seek independent legal advice when entering into arrangements for a dealing.
More information on dealings
Go to Dealings process for information on how to undertake dealings.
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