Security interests & legal searches

Security Interests

Water access licences and Water Act 1912 licences can be used as security for a mortgage or charge.

When a Water Act 1912 licence is converted to a water access licence, any security interest in the Water Act 1912 licence becomes an equivalent interest in the water access licence.

Governance

WaterNSW is responsible for managing the registration of security interests and security interest claim process.

For information, go to WaterNSW’s website.

Legal searches

If you are considering buying or leasing a parcel of land, you should check whether any approvals or Water Act 1912 licences apply to the land.

This is because approvals and Water Act 1912 licences apply to a specific parcel of land and are generally transferred to each successive owner or occupier of the land. It is important that you understand your legal rights and obligations if you become the holder of an approval or Water Act 1912 licence.

Water access licences do not apply to a specific parcel of land and are not transferred to the successive owner or occupier of the land. If you are buying a parcel of land and you want the vendor to sell you their water access licence, you need to make separate arrangements for the sale of the water access licence. For information, go to Trade.

Who can request a legal search?

Any person can request a legal search.

Generally, legal searches are requested by the solicitor who is acting on behalf of a purchaser.

How to request a legal search

WaterNSW provides customer services for legal searches.

For information, go to WaterNSW’s website.