If you are thinking about buying a property with a water licence or entitlement, read this first.
Things you need to do when buying a new property
Beware - licences or water shares are not always transferred on the sale of a property
Make sure you, your solicitor or agent applies for an Information Statement.
This will verify details about:
- Existing licences, conditions and encumbrance.
- Property location.
- Licensed volume and use (from a river, dam or bore).
- Water allocation (if in an irrigation district).
- Tariffs applicable.
- Any outstanding debt.
A water licence or allocation may not automatically be transferred with the sale of a property. We strongly suggest that you clarify this with your agent or solicitor and have it noted in the contract of sale before you sign any property purchase documents.
This includes water from:
- Irrigation channels.
- Drains.
- Rivers.
- Bores.
- Farm dams.
- Domestic and stock licences.
A properly completed transfer application form must be submitted to us before a licence or water share will be transferred, regardless of what appears in a sale contract. Without our approval, you will have no legal access to water.
What do I do if I don’t have the authority to take and use water?
You need to follow up with your solicitor or agent and check whether the licence or water entitlement was included in the contract of sale. If it was, then you will need to complete an application form to transfer the entitlement. All current licence holders (the seller) as well as all proposed new licence holders (the buyer) must sign this form.
If the licence wasn’t included in the contract of sale, you should contact us on 1300 139 510. You may be able to obtain a new licence, depending on your location. Otherwise, you will need to secure a volume or entitlement through a temporary or permanent transfer.
All applications need to be submitted to us for assessment. Transfer applications are not always approved.
Things you need to do when selling or advertising a property for sale
Be clear about what you are selling or advertising.
Make sure you, your solicitor or agent applies for an Information Statement.
This will verify details about:
- Existing licences, conditions and encumbrances.
- Property location.
- Licensed volume and use (from a river, dam or bore).
- Water allocation (if in an irrigation district).
- Works that are required to be carried out.
- Tariffs applicable.
- Any outstanding debt.
Be clear about what you are selling. We strongly suggest that this is clarified with your agent or solicitor and noted in the contract of sale before advertising the property.
This includes water from:
- Irrigation channels.
- Drains.
- Rivers.
- Bores.
- Farm dams.
- Domestic and stock licences.
A properly completed transfer application form must be submitted to us before a licence or water share can be considered for transfer. Without our approval, the new purchaser will have no legal access to water. All current licence holders (the seller) as well as all proposed new licence holders (the buyer) must sign this form.
All applications need to be submitted to us for assessment. Transfer applications are not always approved.