Form guide 4T: Application for transfer of licence or entitlement

It is important to ensure you have provided all information required on the application form.

To help you with this, we have included a checklist located at the back of the application form. There is also a section detailing the attachments you may need and any other documentation you may be required to submit in support of your application.

Supporting documents provided as part of the application may be required under legislation to be made available through Freedom of Information or as part of a parliamentary inquiry. Applicants should note in their applications which documents or information contained in documents are confidential and for what reasons.

Applications deemed incomplete will be returned. Delays caused by the return of an application may result in water not being available when the completed application is re-submitted.

Part 1 is to be completed by the current licence holder (licensee or transferor).

What is a transfer of licence?

A transfer of an existing licence usually takes place when a property is sold. It is also a transfer of licence when you want to change the name of the licensee on an existing licence. In these cases, the entire volume of water that is licensed (the entitlement) is transferred.

Select 'Transfer of an existing licence to take water' on the application form when you are selling your property or you are transferring your licence to another person(s).

If the transfer application is due to the sale of a property, applications are required to be submitted within 30 days of settlement.

Please notify us if an extension is needed. Applications received outside of this timeframe will be treated as a new application to take water, and water may not be available.

Is a fee payable?

A fee of $200 is to be paid to the department as per Part 11 of the application form.

What is a trade (transfer) of a licensed entitlement?

If you wish to transfer only part of an existing licensed entitlement to another property and/or another licence, this is a 'transfer of licensed entitlement'. These are often also referred to as a 'trade' of water.

Select 'Transfer of an existing entitlement' on the application form if you are transferring part of your existing licensed entitlement to another property or person(s).

If you are transferring part of an existing entitlement to multiple persons, a separate form 4T is required for each person or party (transferee).

What are the details of the current licence?

To help us process your application, please provide your existing licence number, licensed entitlement and the name under which the licence is currently held in Part 1 of the application form. Your licence number will begin with the letters GWL or SWL.  

The annual water entitlement is the amount of water you are licensed to take. This is found at the top right hand corner of your licence and will be in kilolitres (kL).

You must also list all relevant third parties and security interests related to the current licence and attach written consent to the transfer from any third parties and/or security interests. For example a security interest is often lodged on a licence by a bank if there is a mortgage on the property. You would have lodged a form with us to have this interest placed on your licence.

Why do I need to indicate if the water is included in the sale of the property?

A water licence issued in accordance with section 5C of the Rights in Water and Irrigation Act 1914 is defined as dutiable property under the Duties Act 2008.

Revenue WA (Department of Finance) must collect stamp duty on dutiable transactions when a water licence or water entitlement is transferred from one entity to another for an agreed value.

If you answer 'YES' to the question in Part 1 of the application form 'Is the water included as part of the property sale?' then we can complete the assessment of your application as stamp duty is not applicable in this instance. You do not need to enter a dollar value in Part 1 of the application form.

If you answer 'NO' to the question in Part 1 of the application form 'Is the water included as part of the property sale?' then you must declare the dollar value in the space provided on the application form and stamp duty is applicable. This dollar value is only the amount that is for the purchase of the water. Do not place in here the entire property purchase price.

You must contact Revenue WA (Department of Finance) directly within two (2) months for a decision on whether transfer duty is chargeable, lodging the agreement to purchase the water entitlement (e.g. contract of sale or transfer duty statement) together with a completed copy of Form 4T.

Note: Revenue WA may charge penalties if documents are not lodged for duty assessment within two (2) months of making the application to transfer the water licence or entitlement.

When duty assessment has been completed, provide written evidence from the Commissioner of State Revenue that the Form 4T transaction has been duty endorsed or is exempt. Written evidence from the Commissioner of State Revenue that the transaction has been duty endorsed or is exempt from stamp duty may include:

• a Revenue WA stamp duty form with stamp affixed indicating payment
• a certificate of duty
• a letter from Revenue WA notifying the applicant of their exempt status
• electronic stamp on the Form 4T obtained from Revenue WA upon payment of duty.

We cannot grant the transfer until we receive evidence that the required duty has been paid or is exempt from payment and if you do not declare a dollar value then the application will be returned as incomplete.

A transferee is the person who is receiving the water from an existing licence.

It is important that the department has your correct details to ensure any licence that may be issued is a valid legal document. We may also need to contact you during the assessment process. If we have your phone number and email we can avoid unnecessary delays.

The transferee must complete this section.

What name do I put on the application form?

A licence can only be issued to a legal entity. All individuals are legal entities and can apply for a licence.

The name(s) of all the persons you wish to be shown on the licence need to be provided. You must provide full name(s). A licence is a legal document and your full name is required. Initials cannot be accepted.

You can also nominate a point of contact within an organisation, or on behalf of other applicants. In this case we need a letter of authority for this person to act on the applicant's behalf. A statutory declaration can also be used for giving this authority.

What is a legal entity?

Individual

All individuals are legal entities and can apply for a licence.

Organisation

The following organisation types are legal entities:

Company: A company is a business, which undergoes incorporation and becomes a legal entity, separate from the individuals who established it.  A company may be registered as either a proprietary company or a public company. A company name has an associated Australian Company Number (ACN) and an Australian Business Number (ABN).

Partnership / Family Partnership: A partnership is the relation between persons carrying on a business in common with a view of profit under the Partnership Act 1895. A partnership is not a separate legal entity from the partners. A partnership name will have an associated Australian Business Number (ABN).

Association / Incorporated Body: Many social, sporting and community groups can incorporate under the Associations Incorporations Act 1987. Associations must supply an association registration number (ARN) on the application form.

Water Service Provider: A list of water service licence holders and their licence details is available on the Economic Regulation Authority website.

Government: All local, state and federal government agencies are legal entities.

Aboriginal Community: All aboriginal communities are legal entities.

Strata Company: A strata company may be a legal entity, that falls within the incorporated body category. The strata company must have a valid ARN or ABN to ensure they are a legal entity.

Trustees and beneficiaries: Trustees and beneficiaries are legal entities, but not the trust itself.

The trustee’s name(s) should be identified on a water licence or permit, described as either a:

• Natural person (e.g. Joe Smith)
• Legal entity (e.g. company name)
• A body corporate name where enabling legislation identifies it as a ‘statutory body trust’.

What is not a legal entity?

Business names: A business name is not a legal entity.

Trusts: A trust is a relationship between two or more legal entities, where one legal entity (the trustee) holds property on behalf of one or more legal entities (the beneficiaries). While trustees and the beneficiaries are legal entities, the trust itself is a relationship, and cannot own or occupy land, or hold licences.

Do I need to provide an ABN, ARN or ACN?

If you have applied for a licence in a company/organisation name you will need to provide the relevant Australian Business Number, Australian Registration Number or Australian Company Number.

If you are a company you must have an associated Australian Company Number (ACN) or Australian Business Number (ABN).

If you are a partnership you will have an associated ABN.

If you are an association or incorporated body you must supply an association registration number (ARN).

If you are a strata company that falls within an incorporated body then you must have a valid ARN or ABN.

If you an individual, do not provide a number.

What address do I provide?

You must provide us with your postal address as all correspondence related to your application and/or licence will be sent here. You must also provide a physical address if you have entered a PO Box address in the postal address section.

Why does the department need my phone number?

We may need to contact you to verify or confirm information in your application. To avoid unnecessary delays in processing your application, please provide a contact phone number. You can also provide an email address if you have one.

Why do I need to indicate if the transfer is due to the sale of all the land?

Depending on the type of application you are making, you may not need to complete all parts of the application form. In some instances a property is split and all of the land is not sold.

If all of the land is not being sold you should select 'NO' in Part 2 of the application form where it states that the transfer is not due to the sale of all the land (e.g. partial land sale). If you choose this option you must also complete Parts 3 to 7 and 9 of the application form if they are relevant to your situation. The transferor (current licence holder) must also complete Parts 1, 9 and 10 of the application form.

If all of the land is being sold and there are changes required to the existing licence then select 'YES (changes are required to the licence)'  in Part 2 of the application form. This may occur when there are changes to the usages of the water from what is existing on the property.

The current usages of the licence are shown under the 'Authorised Activities' section of the licence. This may show the types of crops or other type of usage authorised and may include the areas of irrigated crops allowed on that licence. You must complete Parts 3 to 8 and Part 10 of the application form if they are relevant to your situation. You must tell us the new proposed water usage details in your application in Part 5 of the application form.

If all of the land is being sold and the water licence will be used for the same purposes as the existing usages on the current licence select 'YES (changes are not required)' in Part 2 of the application form. You must also complete Parts 4, 8 and 10 of the form if they are relevant to your situation.

This section should be completed by the transferee only if there is a change to the property description that is on the current licence.

If in Part 2 you chose:

• 'No' to the question 'Is the transfer related to the sale of all of the land'; or
• 'Yes' but changes are required to the licence,

then you will need to provide information here on the property where you will be taking water from.

This can happen if a property has been subdivided and the legal description of the land has changed.

The information on the property details of the current licence can be seen under the section 'Location of Water Source' on the licence.

This field is to be completed by the transferee(s) and relevant legal access information must be provided.

What do I need to provide in my application to demonstrate legal access to the property?

I am the owner of the land

If you are the owner of the land, you do not need to provide any further documentation to demonstrate legal access.

You will need to provide documentation to demonstrate legal access in the situation where an individual owns the land but a company applies for a licence (or vice versa).

I am leasing the land from the Crown

If you are leasing the land from the Crown (e.g. pastoral lease), you must provide a copy of the lease document registered against a Crown land title under the Land Act 1933 from the Department of Planning, Lands and Heritage.

I am using a Crown reserve

If you are a using a Crown reserve, you must provide a Crown reserve register extract or a copy of the management order from the Department of Planning, Lands and Heritage.

It must be made clear from either of these documents that the reserve has been vested in the agency that is applying for a licence and the purpose of the reserve is compatible with the licence application (e.g. a reserve for conservation is not compatible with an application for irrigation on the reserve).

I am using a road reserve

If you are using road reserves on Crown land, you must provide a letter from the Department of Planning, Lands and Heritage granting access to the road reserve(s) for the purposes of the licence. You must also provide a letter from the local government authority granting access to the road reserve(s) for the purposes of the licence.

When seeking permission from the Department of Planning, Lands and Heritage you should refer to the road reserve number and the plan on which the road reserve is drawn. Where the road reserve is very long and only a specific portion is relevant to the licence, this portion should be described by reference to the land adjacent to that section of the road reserve.

I have approval from the land owner

If you have the approval of the landholder to use the land to which the licence relates (e.g. you are leasing the property), you must provide a lease contract or the land owner's written authorisation to land use arrangement (i.e. letter of authorisation) to demonstrate you have legal access to the land. The lease contract or agreement must include as a minimum:

• details of the parties to the lease/agreement
• permission to be on the land
• permission to do things authorised by the licence
• term of the lease or agreement.

I am negotiating to purchase or lease the land

If you are negotiating to purchase or lease the land, you must provide copy of contract of sale/lease or the owner's name and anticipated date of completion of sale/lease.

I am undertaking non-pastoral activities on a pastoral lease

If you are undertaking activities on a pastoral lease that differ from the approved pastoral uses, such as intensive feedlots or irrigation, you are required to provide a diversification permit issued by the Pastoral Lands Board stating that these activities are permitted.

Please fill in this section if the property details have changed. This would be in the instance where you have selected 'No' or 'Yes, but changes are required to the licence' in Part 2 of the application form.

In the tables provided on the application form tell us what the water will be used for and provide us with as much detail as possible.

How do I estimate annual water quantity?

We use standard water application rates. The standard rates are based on cropping area and crop type.

You can estimate your annual water quantity for crops using the Department of Primary Industries and Regional Development's Crop Irrigation Calculator.

If you are unsure as to how much water you require, please leave the 'Estimated annual quantity' column blank and provide details in the other columns in the application form.

Please note that 1 kilolitre = 1,000 litres.

To ensure equitable water use for all, we need to know if you currently have all your infrastructure in place to utilise your full water entitlement, or if you are progressing with putting infrastructure in, to eventually utilise your full water entitlement.

If you do not currently have all your infrastructure in place to fully utilise your water entitlement, please outline the steps or actions you plan to take to be able to utilise your full water entitlement.  

This should also include proposed timeframes for those steps or actions to be completed. Steps or actions would typically include those related to the development of the property (e.g. installation of irrigation) or development of the project (e.g. securing financial support or planning approval).

If you cannot demonstrate you have sufficient resources to undertake the proposed activities, your application may be refused.

The Department of Water and Environmental Regulation was established by the Government of Western Australia on 1 July 2017. It is a result of the amalgamation of the Department of Environment Regulation, Department of Water and the Office of the Environmental Protection Authority.

Please indicate if you have also applied or intend to apply for any approvals under Part V of the Environmental Protection Act 1986, so that we can consider a coordinated approach to your applications.

Registration of premises

It is an offence to perform any action that would cause a premises to become a prescribed premises of a type listed in Schedule 1 of the Environmental Protection Regulations 1987, unless that action is done in accordance with a works approval, licence, or registration.

Works approval

Part V Division 3 of the Environmental Protection Act 1986 requires a works approval to be obtained before constructing a prescribed premises.

Licence to discharge to the environment

It is an offence to cause an emission or discharge onto land, into air or into waters unless a licence or registration is held for the premises. Emissions include but are not limited to gases and particulates, wastewater, noise, contaminates storm-water, dust, leachate, odour and electromagnetic radiation.

Permit to clear native vegetation Under Part V, Division 2 of the Environmental Protection Act 1986

Clearing native vegetation is an offence, unless done under a clearing permit, or if the clearing is for an exempt purpose. Flooding vegetation is considered clearing.

Your plan must provide us with the position of the well in relation to your property. This can be used to verify the property description provided above.

These maps are important if you do not know the GPS coordinates of the well.

The exact location of your drawpoint(s), on-stream dams or direct pumping is important to be able to assess and manage your impacts on other water users and the environment.

Please provide a location plan of the property in the box provided in Part 7 of the application form or on a separate piece of paper to be included with your application form.

You should include:

• the location of all wetlands/watercourses/wells/soaks/dams/direct pumping (existing and proposed)
• major improvements (house, large sheds, etc.)
• roads or landmarks
• shaded areas to indicate areas under development.

If required, provide a detailed plan as an attachment to the application form.

Please fill in this section if you are the transferor (existing licence holder) and the details of water use have changed on your licence.  

This would be if you are only transferring part of your water entitlement.  

As you will still have an entitlement, you need to tell us your new water use details in the tables provided.

If you are transferring all of your water entitlement then leave this section blank, you will no longer have a licence to take water.

How do I estimate annual water quantity?

We use standard water application rates. The standard rates are based on cropping area and crop type.  

You can estimate your annual water quantity for crops using the Department of Primary Industries and Regional Development's Crop Irrigation Calculator.

If you are unsure how much water you require, please leave the 'Estimated annual quantity' column blank and provide details in the other columns in the application form.

Please note that 1 kilolitre = 1,000 litres.

Both parties to the transfer are required to sign the form, the person transferring the entitlement and the person receiving the entitlement.

By signing the application form you are confirming that all information in the application form is true and correct. Signatures of all applicants must be provided on the application form before it can be accepted.

You must tell us how many kilolitres are being transferred to the other party.

As the applicant you must sign the application or provide a letter of authorisation for an agent to sign the application on your behalf.  A statutory declaration can also be used for giving this authority.

What if there is more than one applicant for a licence?

If you require multiple names on your licence, a signature is required from each applicant. Check to ensure you have provided details of all applicants at Part 2.

What if I am applying on behalf of a company?

If you are applying on behalf of a company you must provide written evidence that you are authorised to do so. A statutory declaration can also be used for giving this authority.

A fee of $200 is applicable to transfer a water entitlement or transfer a water licence.

We can accept payment by cheque, credit card or postal order. We cannot accept cash payments.

If the application to transfer a water entitlement or transfer a water licence is withdrawn or no longer required by the applicant, we will refund the $200 and return the application.

If an application is refused, the $200 fee will not be refunded.