Frequently asked questions

General

What is the Water Registrar's responsibility in relation to the water register?

To record transactions on water shares including transfers, mortgages, limited term transfers and discharges of mortgage. In addition, the Water Registrar has responsibility for the water register system and ensuring accuracy, reliability and accessibility of records.

What should I do to transfer a water share?

You must firstly contact your water authority and apply to transfer your water share. Once your application is approved, your water authority will provide the seller with a pre-filled transfer form, which must be signed by all parties and then lodged with the Water Registrar.

What should I do to consolidate or divide my water share?

Consolidation and division of water shares is handled exclusively by your water authority. You can obtain explanatory notes and application forms from your water authority.

What information will the Water Registrar record?

Records and information will be maintained in different parts of the register by the Water Registrar and the water authorities. Details recorded by the Water Registrar in relation to a water share include proprietorship details, water share volume (in megalitres), relevant water system and water authority, details of water share transfers or limited term transfers, mortgages and other notifications.

Under which Act of Parliament does the Water Register operate?

Water Act 1989

When did the Water Register become operational?

It became operational on 1 July 2007 for northern Victoria regulated systems and 1 July 2008 for declared water systems in southern Victoria.

Lodging with the Water Registrar

Where do I lodge a transaction with my water share?

Visit the lodging reception counter at Land Use Victoria, 570 Bourke Street, Melbourne and tell the staff that you want to lodge a water register transaction of your water share. You will then need to leave your transcation iwth a registration officer, who will process your transaction. You can also post your lodgement to the Water Registrar at:

Land Use Victoria
GPO Box 527
Melbourne VIC 3001

How can I lodge a transaction of my water share?

You can attend in person and present your transaction over the counter at Land Use Victoria, 570 Bourke Street, Melbourne. Bulk lodgement can be used by our regular customers, in a separate batch), or you can lodge it by mail.

Is it a mandatory requirement for a transaction of a water share to be lodged with the Water Registrar?

Future water allocations will continue to go to the original owner of the water share until a transfer or limited term transfer is recorded in the water register. Other transactions, like mortgages or transmission applications, may be lodged for recording as required by the parties to these transactions.

Is there a time limit to lodge my water share transfer or limited term transfer with the Water Registrar?

Yes, your water share transfer or limited term transfer must be lodged with the Water Registrar within two calendar months from the date of water corporation approval of the transfer. If the transfer is not lodged within the two calendar months, the water corporation approval lapses and the Water Registrar will not record the transfer. A new transfer application would need to be lodged with the water corporation together with another application fee. The two month time limit applies only to transfers of water shares and limited term transfers.

Is there a time limit to record my water share transfer or limited term transfer with the Water Registrar?

If the water share transfer or limited term transfer has been lodged with the Water Registrar within two calendar months from the date of water corporation approval of the transfer, then the Water Registrar has no time limit on recording the transfer.

Can I lodge my own water transaction?

Yes.

Do I need mortgagee's consent to transfer my water share or to grant a limited term transfer?

Yes. If your water share is encumbered by a mortgage and the mortgage is not being discharged, consent from the mortgagee will be required. The consent must be a separate supporting document and must be lodged in conjunction with your transfer of water share or limited term transfer. A discharge of mortgage should also be lodged before or with any transfer of a water share.

Is stamp duty applicable?

No. Stamp duty does not apply to any water register transaction.

Will I get a water share 'certificate of title'?

No. A water share 'certificate' will not be issued.

What will I get as evidence that I own a water share?

When your transaction of a water share has been recorded by the Water Registrar you will be provided with a Copy of Record – Water Share.

Forms

What form do I use for a transaction of a water share?

A form approved by the Water Registrar under the Water Act 1989.

Where can I get an approved form?

You can get approved Water Registrar forms for water share transactions online, from Land Use Victoria, 570 Bourke Street, Melbourne, or from your water authority. Transfers of water share forms and limited term transfer forms for lodging with the Water Registrar are pre-filled by water authorities and included with the letters of approval from the water authorities.

Can I create my own versions of the approved forms on my PC?

Yes, other than transfer forms and limited term transfer forms. If you reproduce a Water Registrar form on your PC you must ensure the format, including layout, spacing, margins and information are the same as that of the approved form. The form must be on white A4 paper of not less than 80gsm, be printed in portrait using black ink on a high quality printer and only on one side of the page.

Searching

How do I find out if I own a water share?

Carry out a search of the water register.

How do I do a search of the water register?

You can carry out a search of the water register by visiting the title search facilities located at Land Use Victoria, 570 Bourke Street, Melbourne. You can either do the search yourself or ask for help from Land Use Victoria staff.

You can also place an order online through Titles, Property Certificates and Crown Land Status by completing a water search.

To carry out a search or to order water-related documents you will need information to identify the documents as follows–

Water Share Record – e.g. WEE123456 and/or
Water Register Document – e.g. MOR654321

You can also engage the services of a professional searcher listed under 'Title Searchers' in the Yellow Pages.

Do I have to pay a fee to do a search of the Water Register?

Yes, fees do apply.

What information will a water register search provide to me?

All current information, such as ownership, encumbrances, volume (in megalitres) etc. which apply to the water share being searched, will be provided on a printed water register record of a water share.

Will registered/unregistered water transactions be searchable?

Yes. Registered water transactions can be searched at Land Use Victoria, 570 Bourke Street, Melbourne. Unregistered water transactions can be searched by attending the enquiry counter in the specific branch of Land Registration Services in which the transaction is located.

Page last reviewed on 31 October 2016

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