NSW WATER Access Licence

[melinda]

Hi - Can a NSW WAL be lodged via a PEXA ?

We have a release settlement with Paper Titles . 

Should this be a paper settlement of do we lodge the titles as a eCT holder for the electronic version.

thanks

[TW]

I'd also like to know this.

[KS1]

Can Water Licences be processed through Pexa 

Karen

[GeorgePolus · Accepted solution]

Hi all,

NSW Water Access Licenses are held on a separate platform to Real Property titles.   Consequently,  there is no plan at present by NSW LPI to support WAL's in the electronic channel. 

To answer your specific question Melinda:  

Given the above, it is not possible to hold an eCT for a Water Access License.  So, I am a little confused by your question.

That said, if you need to lodge a mortgage over real property and at the same (in the same lodgement case) lodge a mortgage over a WAL, then LPI specifically allow for this scenario in their exemptions to electronic lodgement. 

Please let me know if you have more questions - @GeorgePolus

[TylerD]

Hi George,

I have a settlement shortly, acting for the incoming proprietor.

Transfer with consideration.

No incomig mortgagee.

I need to lodge a transfer of water access (W05-08-628)

Can i still complete this settlement via PEXA? and lodge the transfer of water seperately following settlement?

Obiously when stamping there will be 2 duplicate transfers. 

I would like to know if PEXA will still allow the transfer to take place.

I cannot find any answers to this question.

Your immediate response would be much appreciated.

[GeorgePolus]

Hi Tyler,

I checked with NSW LRS.

Yes - you will be able to lodge the Transfer of Land in PEXA and the Transfer of Water rights separately in paper.

NSW LRS also advised that Stamp Duty is no longer applicable to transfer of water rights.  

NSW LRS advised that even in paper, the Transfer of Land and Transfer of Water Rights are lodged separately, even if handed over the counter as one case.

Regards,

George

[TylerD]

Hi George,

Thank you for the reply to my question.

Much appreciated.

[Paulapexa]

Does this incur 2 rego fees?

[GeorgePolus]

Hi Paula,

Regulatory / Legal constraints currently preclude electronic lodgement of WAL's.   

For all electronic lodgements, lodgement fees are calculated by the jurisdictional land registry and returned to PEXA in the Lodgement Verification status advice.  (In PEXA you will see the results of Lodgement Verification on the Document List screen and Fees in the Fee Schedule screen)

The same will apply to WAL's when electronic lodgement of WAL's is permitted. 

Rgds

George

[Paulapexa]

Thanks George. 

I understand that. 

My question is - when I register the WAL via paper at LRS will I need to pay a registration fee for lodgement of the transfer of the WAL? 

On a paper transaction - we would normally only pay one registration fee but considering part of the transaction will settle electronically (in accordance with the contract so we can't settle this via paper) and the WAL needs to settle via paper separately, this now incurs two registration fees??