Form 131 - Private irrigation works on GMW land licensing - Transfer

This application should be used when a customer requests approval to transfer a Private Works Licence on land or assets owned or managed by Goulburn Murray Water (GMW).

 The following are examples of when you might need to transfer the licence:

  • Change in ownership (sale of property)
  • Change in name/s (Company Directors/shareholding)
  • Cancellation of Licence

Assistance with completing this form

This application form is required to make application for a new licence. Any amendments or assignment of licence should be referred to GMW’s Land & Licensing Section as below.

Construction & use of Private Works (upon approval of design plans) under (Sections 122ZB, 132, 145 and 148 of the Water Act 1989 ("the Act").

Read the information included below, and if you need further assistance contact the Leasing & Licensing Unit between 8.00am and 4.45pm Monday to Friday

1. Transfer requirements

In most circumstances GMW will approve the existing licence to be transferred to a new owner providing the structure/works is safe and sound and complies with GMW standards and specifications. Both parties will be required to complete & sign this form before GMW can assess the application.

If GMW find the works require upgrade or improvement GMW will issue a works notice to the Licensee.

2. When will my application be approved?

There are a number of steps to this process and in order for GMW to assess the risk and impacts on GMW’s assets and services you should allow a minimum of 4 weeks from receipt of completed application/transfer and application fees. Applications will not be processed if all relevant details are not completed in this form. This will in turn impact on the approval process.

It is important to note, that GMW may refer your application to several agencies for approval. This will depend on the nature and location of the transfer.

3. Applicant/s details

All rightful landowners attached to the Certificate of Title must complete the application to transfer. Further all rightful transferees must sign the application form. If the applicant is a company, evidence must be provided that the person/s has authority to act on behalf of the company.

4. Insurance Requirements

Landowner

Upon signing the licence or any variation to the licence, the approved licensee must provide to GMW a Certificate of Currency for Public Liability for not less than $20million.

Special Conditions

In all cases the Certificate must “Note: Goulburn Murray Water as an interested party as Licensor”

5. How can I obtain a copy of my Company Search?

You can obtain a company search statement by:

6. Declaration of Applicant/s

All applicants must sign the application/transfer. If any person executes the document on behalf of another person or party, they must provide evidence of their authorisation. This can be in the form of a Power of Attorney or other legal document.

If the applicant is a company, evidence must be provided that the person/s signing the application has authority to sign on behalf of the Company. This must be in the form of a current copy of an ASIC Company Search listing all directors and/or office bearers which is not more than three months old.

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General information and explanatory notes

Why do I need to Transfer the existing Private Works Licence?

If you wish to utilise a private structure on Goulburn Murray Water Asset or Land (including land in which an Easement is in place in favour of GMW), you must first obtain an Executed Construction & Use of Private Works Licence from Goulburn Murray Water. This process ensures that the integrity of GMW’s assets and systems is not compromised and that the time of the proposed works, will not interfere with GMW’s operations. When purchasing land where Private Works are already constructed, you will be required to take ownership of the works to enable ongoing use. This process is formalised by transferring the Licence from the previous Licensee to the Purchaser.

How long is a licence valid?

A Construction & Use of Private Works Licence is generally issued for a term of 15 years.

Can I transfer the licence?

The Construction & Use of Private Works Licence may be transferred by completing this form, signed by the current Vendor and Purchaser and forwarding to GMW for processing.

Please note: The licence does not automatically transfer upon change of ownership. A fee is payable to transfer the licence.

What does a Private Works Licence authorise?

A Private Works Licence authorises you to use works located on GMW’s land or assets. You become responsible for and own the works.

This licence does not allow you to take or use water. For any dealings with water entitlements contact Water Administration on 1800 013 357

What does the application fee cover?

Application fees cover the full cost of undertaking a licence assessment in accordance with GMW’s obligations under the Water Act 1989 and Recreational By-Laws. If your licence is approved it will be recorded in GMW’s Asset database for the purpose of identifying all structures/works on GMW’s land or assets.

Are there ongoing costs associated with having a Licence?

Yes. A licence renewal fee is applicable every fifteen years.

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