Not all water allocation dealings require approval from NRW. However, for any dealing to have effect, all relevant documents must be lodged for registration on the Water Allocations Register. The different types of dealings are explained below.

• Dealings that require prior approval from NRW
• Order of registration of documents
• Dealings that do not require prior approval from NRW

Dealings that require prior approval from NRW

Dealings affecting the registered, resource-related attributes of a water allocation (e.g. its location), which must be approved by NRW before registration include:

• changes
• subdivisions
• amalgamations.

The allocation holder must obtain approval for these dealings from NRW, which will issue a water allocation dealing certificate.

Before it expires, this certificate must be registered on the Water Allocations Register using a Form 14—General request (PDF 58 kB)*, or the dealing will lapse and cannot be registered until a new certificate is provided.

Depending on whether the allocation is for supplemented or unsupplemented supply, and whether or not it is mortgaged, additional registration requirements may apply.

Changing water allocations

Some of the registered, resource-related attributes of a water allocation can be changed or modified to meet a buyer’s or a seller’s needs, or to accommodate a holder who may want to change their allocation, but has no intention of selling it.

The most common change sought is to move the allocation to a different location. This is a zone specified in a resource operations plan, typically a reach of a river, from which water can be taken. Each resource operations plan includes trading rules detailing permitted and prohibited changes to water allocations in the area.

To help determine if a potential change will be approved, the allocation holder should consider the combined volumetric current water allocation locations for each zone. (See Water allocation location tables.)

If a proposed change doesn't specifically relate to the trading rules, the applicant may be required to carry out a more substantial investigation, which includes publicly advertising the application. However, there is still no guarantee of approval.

Subdividing water allocations

A water allocation can be subdivided into two or more parts, so that a part of the original allocation can be sold or its attributes changed.

Amalgamating allocations

Two or more allocations with the same attributes can be amalgamated to create a new allocation. If the attributes are not the same (e.g. if they authorise taking water from different locations) the holder must apply to NRW to change the location of one or more of them, as they must all have the same attributes before they can be amalgamated.

Before amalgamation, multiple holders must also ensure that the tenancy arrangements they have registered are identical for each water allocation.

Order of registration of documents

Applicants may be required to lodge documents in a particular order when submitting multiple dealings for registration on the Water Allocation Register. For example, if one part of a subdivided allocation is to be changed, the subdivision must be entered on the Water Allocation Register before the water allocation dealing certificate is lodged.

• Contact Titles Registration for information on the order of document registration.
• See the Land titles section of the NRW website for further information, and for guides to completing titling forms.

Dealings that do not require prior approval from NRW

Leases or transfers of water allocations do not require approval from NRW as they don't affect their registered, resource-related attributes (e.g. their location or purpose). However to have effect, all relevant documents must be registered on the Water Allocations Register.

Additional registration requirements

There are various additional registration requirements for these dealings, depending on whether the allocations are for supplemented or unsupplemented supply, and whether or not they are mortgaged.

Supplemented supply

To be registered on the Water Allocations Register, a transfer, lease, subdivision, amalgamation or change of an allocation taken from supplemented supply (e.g. water released from dams) must be accompanied by a Notice to registrar of existence of a supply contract (PDF, 130 kB)* with the supply scheme operator (e.g. SunWater).

Unsupplemented supply

To transfer or lease an unsupplemented water allocation, the holder must supply NRW with a Notice of proposed transfer or lease of unsupplemented water allocation (PDF, 50 kB)*, which is not strictly an approval. NRW will then issue a water allocation dealing certificate acknowledging the proposed transfer or lease.

For the transfer or lease to be registered, the dealing certificate must be lodged at the same time as either a Form 1—Transfer (PDF, 147 kB)*, and a Form 24—Property transfer information (PDF, 115 kB)* or a Form 7 - lease/sublease (PDF, 79)*.

Mortgaged water allocations

Like land, a water allocation can be mortgaged. If the allocation is being sold, the seller must complete and submit a Form 3—Release of mortgage (PDF, 73 kB)*, so that the transfer documents can be registered.

Similarly, the registrar will not record the subdivision or amalgamation of a mortgaged allocation unless the mortgagee consents to the dealing by completing and submitting a Form 18—General consent (PDF, 56 kB*.

If there is a mortgage on a water allocation that is being changed, the holder should also consider any possible mortgagee requirements.

Works approvals

Water-related developments are constructed works that take or interfere with water from watercourses, lakes, springs, aquifers or overland flow (e.g. pumping equipment, diversion channels, weirs, barrages, dams, and bores).

Before taking any water under your entitlement, you will need to obtain a development permit for any necessary water-related developments (e.g. installing a watercourse pump).

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