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Water licensing and trading

Changing the location where a water access licence can be used

There are several common situations for changing the location where a water access licence can be used:

  • you want to purchase or term transfer a water access licence and move it to your property; and
  • you own more than one property in a zone (or water source if there are no zones) and wish to extract water under the one water access licence at both locations.

To allow a licence to be used at a new or another location, a change to the nominated water supply works or the zone specified on the licence may be required.

If you are thinking of buying or term transferring a water licence and moving it to another location, it is advisable to obtain consent for the move from DNR before finalising the contract. If consent is given, you can then register both the transfer of ownership or term transfer and the change of location at the same time.

A typical dealing for changing the location of a water access licence

Jim wishes to retire from irrigation farming but remain on his property. He decides to sell his water access licence to his neighbour Jane. Jane already has an approved pump to extract water from the river. In this case, the zone is not changed only the ownership (which occurs through the transfer) and the nominated water supply work.

Jim submits to DNR the Application to change a water access licence (under section 71 O, 71R, 71S and 71W of the Water Management Act 2000). After the change receives consent by DNR and the sale of the licence is settled, Jane takes both the transfer form and the consent for the change to LPI for registration.

Do I need to contact DNR?

We suggest you contact your local DNR office before you fill in the application.

Do I need consent from other people?

As part of the application to change the water access licence you need to obtain the written consent of:

  • all holders of the licence (if held by more than one person);
  • the holders of the water supply work approvals that are being removed from or added to the licence, if the licence holder is not the approval holder.

When registering the change at LPI, the consent of the holders of all registered security interests in the licence (mortgages and company charges held by a bank or other lending institution) will also be required.

How do I apply?

The application form, Application to change a water access licence (under section 71 O, 71 R, 71 S and 71 W of the Water Management Act 2000) , needs to be completed and submitted with your application fee to your local DNR office. A guide to how to complete the application is included with the form. To ensure that the application is processed quickly:

  1. complete section C2 for changes in the zone (if applicable);
  2. complete section C3 for changes to the water supply works; and
  3. make sure the form is signed by all holders of the licence and the associated water supply works approvals.

What fees apply?

There is a fee of $250 for the assessment and processing costs of DNR which must accompany the application form. The fee may be paid in cash if lodged in person, or by cheque or money order payable to the Department of Natural Resources.

If the application is approved, a fee of $73.25 is then payable to LPI to cover the cost of registering the change and issuing the next edition of the licence certificate.

How is the application processed?

If the application is complete it will be registered on DNR's database and the fee processed. The application will be delayed if further information is required. If this information is not received within the specified time, DNR will reject the application and return it with an explanation and the fee will be refunded. Rejection may also occur if the licence is currently suspended.

Your application will be assessed against the water sharing plan rules, dealing principles and provisions of the Water Management Act 2000. The potential impacts of the dealing may also be subject to detailed environmental assessment, particularly for applications affecting unregulated rivers or groundwater aquifers.

DNR will advise you by letter of the result of your application, known as the notice of determination.

Registering the change with LPI

After you have received the notice of determination (once the application is granted) it must be registered with LPI. You need to provide the current licence certificate and the consent of any registered security interests when you register the notification form. The changes are effective only when registered by LPI.

LPI will issue a new edition of the licence certificate.




Note: This information does not constitute formal legal advice.