Water Registrar forms, guides and fees

Water Registrar approved forms

To lodge a transaction of a water share you must use a form approved by the Water Registrar under the Water Act 1989 .

You can either use the forms available on this site or create your own version of the approved forms on your own computer except for transfer forms and limited term transfer forms.

If you reproduce your own form you must make sure that 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, printed in portrait format using black ink on a high-quality printer. It must be printed on one side only.
Forms for water trading approvals can be obtained from the Victorian Water Register website or over-the-counter from the relevant  water authority

The following two transfer forms will be made available by your water authority on approval of your transfer or limited term transfer. The forms attached below are samples only –

The Application to Confirm Ownership of a Water Share form is to be used in all applications to confirm ownership of a water share.

Application to Confirm Ownership of Water Share (PDF, 32.1 KB, 4 pp.)

If multiple parcels of land were listed as a 'holding' in the water authorities' Section 230 Registers on the appointed day when a water system became a declared water system under the Water Act 1989 (for water systems in northern Victoria 1 July 2007 and southern Victoria 1 July 2008), the Act required the creation of water shares for those holdings as 'unconfirmed' – Clause 17(1)(a) or (b) if parcels in the holding were:

  • owned by different persons (even if the names were for only one individual person), or
  • owned by the same persons but in a different manner, or
  • if the parcels in the holding were subject to different mortgages.

In cases where there are multiple occurrences of the same name, then the application to confirm must be accompanied by a statutory declaration to verify that the multiple names shown as current water shares owners are the one and the same as each of the applicants. A suggested form of this declaration is attached below.

When a water share is unconfirmed – Schedule 15 Clause 18(2) of the Water Act 1989– there are additional requirements to ensure all entitled members agree on the ownership of the share. Please refer to the Registrar's Guidelines for applications to confirm these shares.

Owners of water shares that are 'unconfirmed' under Clause 17(1) (a) and (b) of the Water Act 1989 must agree on how they will own their share and which mortgages will apply etc, and apply to confirm the ownership of a water share – as above . If these shares remain unconfirmed six months after the relevant appointed day, then under the Water Act 1989 any entitled party may refer the matter to arbitration to settle ownership. The arbitration process is set out in Part 4 of Schedule 15 to the Act.

Arbitration must be conducted in accordance with the Commercial Arbitration Act 1984. An information sheet Disputes about Ownership of Unconfirmed Water Shares: the role of Arbitration is available from rural water authorities and the Water Register website.

Any party referring a matter for arbitration must advise the Victorian Water Registrar. A notification form is attached below.

Guides

Land Victoria's guides to dealings with water shares provide basic information for filling out forms. Lawyers familiar with water register dealings can lodge these on your behalf. Note: The guides are being updated. All instructions not to use a post office box address should be disregarded.

If you require assistance or advice in relation to these guides please contact Land Victoria on 8636 2010.

Fees

Fees relating to lodging a transaction with the Water Registrar and for conducting a search of the register.

For Water Registrar fees and fees related to water shares and water allocations, go to the Water Register website.

Water Registrar Directions

Trusts on water shares

The Water Registrar has determined that a trustee capacity cannot be recorded on water shares. Water shares must only be held in the name of a legal person. Thus the words 'as trustee for', 'as custodian for', or the abbreviations 'ATF' or 'ACF' together with any following words cannot be recorded on water shares.

This determination does not preclude the maintenance of 'off register' trusts, and does not affect the legal or accounting status of such trusts or their assets.

Page last reviewed on 11 March 2015

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