Lease of water allocation
A water allocation can be leased for a defined period of time. A water allocation lease is similar to a lease of land; however, only whole water allocations can be leased.
Upon entering a lease contract, the Lessor and Lessee complete an Application for Water Supply Contract Form. The application is completed and submitted to Sunwater with the required documentation detailed on the form.
Required documents to commence must be provided by Solicitor/Lessee:
- Application for Water Supply Contract Form found on our customer forms page here
- Customer Profile Form (for all new customers), refer to the above link
- Copy of Completed Form 7 & 20 for Lease
- Company Search (if Purchaser is a company)
- Full Trust Name details (if Purchaser is a Trust)
- Water Allocation searches for all water allocations.
Required documents to complete must be provided by Solicitor/Lessee:
- Copy of the Lodgement Summary issued by the Department
- If a Financier is lodging documents with Titles provide contact details of the Financier (if applicable)
- Return signed Deed of Guarantee (if applicable)
- Copy of Registration Confirmation Statement/s (RCS) issued by the Department.
All required documentation can be sent to Sunwater via the preferred method of email or alternatively post.
Post: Customer Support, Sunwater Limited, PO Box 15536, CITY EAST QLD 4001
Steps — Commence Lease
- Sunwater receives the application form and required documents from Solicitor/Lessee
- We will assess the application and review the documents and the customer’s water accounts
- If further information or direction is required, Sunwater will email a Request for Further Information to the Solicitor/Lessee for a response (e.g. outstanding account, security or guarantee requirements)
- Sunwater receives the additional information and/or direction from Solicitor/Lessee
- We will issue by email the self-executing Water Supply Contract/s for the Lessee and Lessor, these do not need to be signed and returned to Sunwater
- We will issue by email the Deed of Guarantee (if applicable) to Solicitor/Lessee, which must be signed and returned to Sunwater
- We will issue by post the Notice to Registrar (NTR) to Solicitor/Lessee
Steps — Complete Lease
- Solicitor/Lessee is to provide Sunwater with a copy of the Lodgement Summary, Financier contact details (if applicable) and signed Deed of Guarantee (if applicable) to allow the transfer of the water allocation from the Lessor’s account to the Lessee [see note below]
- On receipt of the Lodgement Summary, Financier contact details and signed Deed of Guarantee, Sunwater will transfer the water allocation to the Lessee
- Solicitor/Lessee to provide a copy of Registration Confirmation Statement/s (RCS) to Sunwater when transfer is registered at Titles and on receipt, Sunwater provides a release of supply contract letter to the Lessor (if applicable).
Please note: If a copy of the Lodgement Summary and RCS/s are not supplied to Sunwater within 20 business days of issuing the ‘Notice to Registrar’, Sunwater will conduct Water Allocation search/es. All search fees incurred will be invoiced to the Lessee.
Response Time by Sunwater
Our aim is to complete all applications efficiently and within an acceptable timeframe. The following is a guide on our response times:
- Issue self-executing Water Supply Contract/s, Notice to Registrar and Deed of Guarantee (if applicable): 5 business days from receipt of fully completed application form and ALL required documents/forms and any Request for Further Information.
An Administration and Transfer Fee – Lease is applicable and an invoice for the fee is emailed to the Solicitor/Lessee upon receipt of the application. Current fees can be obtained from the Fees & Charges Schedule.