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Water Management in NSW
Changing the category of your licence
Reasons for requiring a change in the category of your water access licence include changing from general security to high security licence category on a regulated river as a result of moving from growing annual crops to permanent plantings.
Conversion factors may apply requiring amendment of the share component of the licence.
A typical dealing involving a change in category
Jill has a general security licence and irrigates cereals. She now wants to grow vines, which are permanent plantings, and needs a more secure supply of water. Jill applies to change the category of her water access licence from general security to high security. As a result her share component will be reduced by 30% (note: there is no set conversion factor – it will vary from system to system).
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 category, you need to obtain the written consent of all holders of the licence. To register the notification of the change in category at LPI, you will also need the consent of all holders of a registered security interest in the licence (for example mortgages and company charges held by a bank or other lending institution).
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. To change the category of the licence you need to complete section C1. The application form is available from DNR offices or from our website. Advice on how to complete the application is provided with the form.
What fees apply?
There is a DNR fee of $60 for surface water applications and $48 for groundwater applications to change the licence category. 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 lodgement fee of $73.25 is payable to LPI to cover the cost of registering the change in category and the issue of the new 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 the requested 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 be subject to an environmental assessment.
DNR will advise you by letter of the result of your application, This notice of determination will include an updated list of licence conditions.
Registering the change with LPI
Once the application is granted and you have received the notice of determination, the change of category must be registered with LPI. You must provide the licence certificate and the consent of any registered security interest holders when registering the notification at LPI. The change in category is effective only when registered by LPI.
LPI will issue the new licence certificate.
Note: This information does not constitute formal legal advice.
