- page 3 of our How to register an account – Customer Portal guide (PDF, 991.46 KB) and
- How to lodge a BLR application guide (PDF, 2413.31 KB),
so that you are aware of the different documentation you need to bring to your appointment.
Water access licences
Information
about
licences
Applying for a new
licence
Forms, guides and
FAQs
No longer
need
your licence?
A water access licence (WAL) is generally required to extract water from rivers or aquifers to use for irrigation, industrial or commercial purposes.
The Water Management Act 2000 governs the issue of WALs and approvals for water sources in New South Wales where water sharing plans have commenced.
Water access licences entitle licence holders:
- to specified shares in the available water within a particular water management area or water source (the share component)
- to take water at specified times, rates or circumstances from specified areas or locations (the extraction component).
Features of water access licence
- provide a clearly defined entitlement listed on a public WAL Register that is separate from land ownership
- separate the entitlement to access water from the approvals associated with water supply works and the use of water.
'Continuing' WALs provide:
- a clearly defined right to a share of the available water in a particular water source
- increased opportunities to trade water through the separation of land and water rights.
Categories of a water access licence
WAL categories help define the priorities between different WALs, the conditions that apply to them and, in the case of specific purpose category WALs, define how water may be used.
Categories include: regulated river (high security), regulated river (general security), supplementary water, regulated river (conveyance), unregulated river, aquifer (groundwater), estuarine water, coastal water, domestic and stock, major utility and local water utility.
Subcategories of any category of WAL may be prescribed by the regulations. Applications may be made for the following specific purpose WALs (subject to any restrictions contained in a relevant management plan) as follows:
Category of access licence: Domestic and stock
Subcategory: Domestic
Purpose: Domestic consumption
Category of access licence: Regulated river (high security)
Subcategory: Town water supply
Purpose: Supply to communities for domestic consumption and commercial activities
Category of access licence: Unregulated river
Subcategory: Town water supply
Purpose: Supply to communities for domestic consumption and commercial activities
Category of access licence: Aquifer
Subcategory: Town water supply
Purpose: Supply to communities for domestic consumption and commercial activities
Tenure of water access licences
The reference to ‘tenure’ on a WAL certificate indicates the duration of the WAL. A WAL ceases to be in force on the cancellation date as recorded on the WAL Register.
- A ‘continuing’ WAL is granted in perpetuity, which means it does not need to be renewed. It is typically used for a commercial purpose such as irrigation or industrial use. ‘Continuing’ water WALs include supplementary WALs issued for regulated rivers.
- A ‘specific purpose’ WAL (e.g. for town water or domestic and stock purposes) must be cancelled when the purpose for which the WAL was issued ceases.
The water access licence register and certificates
The WAL Register has a separate record for each WAL issued (called a WAL folio), which is administered by NSW LRS. When WaterNSW approves a WAL, it is the responsibility of the applicant to inform NSW LRS and pay the applicable fee. For more information visit NSW LRS website.
NSW LRS issues a duplicate of the WAL folio called the WAL certificate to the licence holder, or any other relevant party (e.g. a mortgagee). In the case of a former joint water supply authority, where there are a number of separate holders and registered interests, certificates will only be issued where all parties agree on who should hold it.
Usually, a new WAL certificate, or edition of the certificate, is generated each time a new dealing is registered. For more information, visit the Registrar General's Directions website.
Changes to information on the WAL Register about the WAL holder and security interests are managed directly by NSW LRS. Changes as a result of other water dealings (e.g. subdivisions) must be approved by WaterNSW before they can be registered on the WAL Register.
You can apply for a new WAL using Water Applications Online or by downloading and completing a form.
Most water sharing plans allow for applications for the following categories of water access licences (WALs):
- Specific purpose WAL - for information on estimating how much water you need for domestic and stock purposes go to How much water do I need? (PDF, 438.57 KB)
- WALs with a zero share component - this allows you to have a water allocation account and to buy or transfer allocation water on an annual basis or share component from another WAL holder.
When can I take water?
A new WAL becomes legally effective only when it is registered by NSW Land Registry Services (NSW LRS) on the WAL Register.
A water allocation account will be established for the new WAL.
If an available water determination has been made, water will be credited to the account. However, water will only be credited to an account for a zero share WAL once you have purchased account water or a share component from another WAL holder.
WAL holders can only take water if:
- the water allocation account for that WAL is in credit (either by an available water determination credit or a water allocation assignment - formerly known as a temporary trade) and
- the water is taken through a water supply work nominated on that WAL.
Key steps to issuing a water access licence certificate
- Processing the application
If the application is completed, it will be registered by WaterNSW. The application will be checked and assessed against the water sharing plan rules applicable to the relevant water source and provisions of the Water Management Act 2000 and Water Management (General) Regulation 2018. You can obtain a copy of the water sharing plan from the NSW Legislation website. Assessment may require consultation with Native Title representatives or local Aboriginal groups. The assessment officer will also check that, in the case of a specific purpose licence, you have the required approvals or have applied for these, and that the volume of water sought is reasonable for the proposed purpose. WaterNSW will either grant the application with appropriate conditions or refuse it. - Notice of determination
WaterNSW will advise you by letter of the result of your application, known as the notice of determination. If your application has been approved the notice will include the conditions that will apply to the licence (PDF, 557.54 KB). - Registering the WAL with NSW Land Registry Services
If an application for a new WAL is granted, it is the responsibility of the applicant to present the notification to NSW LRS to register the WAL on the WAL Register. A fee is charged by NSW LRS. - Issue of the WAL certificate
After registration, NSW LRS will issue the WAL certificate to the WAL holder. It is important to keep the WAL certificate in a safe place as you will need to produce it if you wish to sell your WAL or amend it later. For more information, read the Guide to water access licences and certificates (PDF, 126.56 KB).
New specific purpose water access licence:
- Apply and pay online
- Frequently Asked Questions for applying and paying online
- Application for a new specific purpose water access licence (PDF, 309.76 KB)
- Guide to the application for a new specific purpose water access licence (PDF, 200.26 KB)
New water access licence with a zero share component:
- Apply and pay online
- Frequently Asked Questions for applying and paying online
- Application for a new water access licence with zero share component (PDF, 766.86 KB)
- Guide to the application for a new water access licence with a zero share component (PDF, 608.4 KB)
How do I surrender my water access licence?
- Complete an application and ensure it is signed by all holders.
- Ensure any security interests (mortgage charges or caveats) have been discharged or withdrawn.
- Ensure all outstanding water charges have been paid.
Forms and guides
Please read the guide before completing the application.
- Application to surrender your water access licence (PDF, 208.99 KB)
- Guide - Surrender your water access licence (PDF, 1156.6 KB)
Visit the NSW Water Register for information on licences and other consents under the Water Management Act 2000.
Legal searches for water related interests
WaterNSW provides a service to assist customers to identify water related interests held under the Water Management Act 2000.
Why would you request a legal search for water related interests?
These searches are usually undertaken by solicitors acting on behalf of a purchaser to:
- identify any approvals granted under the Water Management Act 2000 which may be associated with the property to be included in the sale and transferred on settlement
- assist the prospective purchaser to evaluate the property as a commercial enterprise
- identify any charges or restrictions associated with the approvals if these entitlements are to be transferred to the new landholder.
Apply for a search for water related interests
To request a search for water related interests:
2. Pay the application fee identified in the following table of fees (an application will not be processed until the fee has been received)
3. Submit the completed and signed application form by email to Water.Search@waternsw.com.au or posting it to
Water Search, WaterNSW
PO Box 398
Parramatta NSW 2124.
Application fees:
| Solicitor's enquiries | |
|---|---|
| Normal pricing per 20 Lot/DP (up to 10 days) | $180 |
| Urgent per 20 Lot/DP (within 48hrs) | $361 - If you require urgent processing of the application, email the completed form and pay the application fee by phoning us with your credit card details. |
Security interests
A security interest may be a mortgage or charge.
- A mortgage is typically held over land and may be registered on the Real Property Act Register, otherwise known as the Land Titles Register.
- A charge may only be held against a corporation and is registered on the Corporations Act register administered by the Australian Securities and Investment Commission (ASIC), otherwise known as the ASIC register.
Security interests under the Water Management Act 2000
Under the Water Management Act 2000, security interests may be registered directly against a WAL on the WAL Register.
Under the licence conversion provisions of the Water Management Act 2000, a security interest (registered or unregistered) that relates to a 'prior' licence under the Water Act 1912 is taken to be a security interest against the replacement WAL.
For more information about security interests and WALs, refer to the encumbrances section in the Guide to WALs and certificates (PDF, 126.56 KB).
Registering new security interests
Registering a new security interest
- Register a new security interest against a WAL on the WAL Register, you must lodge the 'dealing' directly with NSW LRS.
Converting existing security interests
Converting existing security interests
- A person holding a security interest in relation to a prior licence needs to indicate whether they want that interest registered against the replacement WAL on the WAL Register. This needs to be done in the three-year period. After the three-year period, all unclaimed prior licence interests are extinguished.
- WaterNSW will then instruct NSW LRS to allow registration of WAL dealings and the WAL certificate is released. A certificate is needed to buy or sell water (through 'dealings').
Converting security interests if you are a WAL holder
As a holder of a WAL, you may want to buy, sell or change your replacement WAL by a WAL dealing within the three-year period for registering prior licence interests. To do this, you will need to initiate and complete the resolution of the prior licence interests. This means you will need to:
- determine the details of the prior licence interests
- request those interest holders to nominate whether they want the interest registered
- lodge the interest holder responses with WaterNSW.
WaterNSW can then instruct NSW LRS to register the 'claimed' interests and release the WAL for dealings.
You can use the WAL Number Search in the online Security Interest Conversion system to identify prior licence interests in your WAL.
To register a prior licence interest in your WAL:
- read the Guide to secured interest registration by holders of replacement WALs (PDF, 125.49 KB)
- complete the Secured interest registration by holders of replacement WALs application form (PDF, 194.11 KB)
Converting security interests if you are a security interest holder
Prior licence security interests will be registered by WaterNSW on request within three years of the commencement date of the WAL, providing that:
- the security interest holder has notified the WAL holder of their intent to register the interest, and the 90-day notice period has lapsed
- the security interest holder certifies that they have undertaken step 1.
Note that a security interest holder is exempt from this requirement if the licence holder requests WaterNSW, in writing, to have the security interest registered on your behalf. This will typically happen when the WAL holder wants to undertake a dealing before three years expires and before the prior licence interests are resolved by the interest holders.
Security interest holders can use the WAL Number Search in the online Security Interest Conversion system.
Security interest holders can also apply for access to use the Security Interest Conversion system to search for all replacement WALs in which the user may have a prior licence interest and, once the 90-day notification process is complete, lodge claims online with WaterNSW.
To apply for access, go to the Security Interest Conversion system and complete the online request by email to seek approval for login and password access.
Converting security interests relating to 'prior' Water Act 1912 licences
When a water sharing plan commences under the Water Management Act 2000, licences issued under the Water Act 1912 are converted to WALs (and approvals). The conversion is completed with the issue of a WAL certificate. A certificate is needed to buy or sell water through dealings.
The Water Management Act 2000 provides that any security interest on a land attaching to a 'prior' licence under the Water Act 1912 continues as an equivalent interest in the replacement WAL. The party holding that interest needs to indicate whether they wish to register it on the WAL register against the replacement WAL. They will generally have three years from the commencement of the replacement WAL to lodge their claim. Any interests which have not been claimed within that time period are extinguished.
Once all prior interests are resolved (registered or repudiated) the certificate is issued. In the case of a licence with a security interest, the certificate is typically issued to the holder of a security interest.
