Electronic submission of an application or a feasibility check

You may submit an Application or a Feasibility Check only in your role as a Broker under the Water Register Interface Access Agreement (which you have signed) and its Common Rules. Applications or feasibility checks may be submitted via either the Broker Portal or the Application Programming Interface (API) system.

By submitting an Application or a Feasibility Check, you are warranting that it is submitted under and in accordance with the terms and conditions in the Water Register Interface Access Agreement and its Common Rules.

You must ensure that all your employees and agents understand that they are making this warranty.

An Application is an application for the Minister’s approval for dealings in water allocations under sections 33X, 33AG, 33AI and 64K of the Water Act 1989.

Ensure your application is complete and correct

An Application is subject to approval by the relevant water corporation. The onus is on you to ensure that the Application is correct.; Once submitted, then –

• if the submitted data represents a trade that can be approved, the Application will be approved, and the Allocation will move accordingly; or
• if the submitted data represents an trade that cannot be approved, the Application will be refused and the Application fee will be charged.

Feasibility check

You are encouraged to use the Feasibility Check process to check your proposed Application and its likely outcome.

However, before doing a feasibility check you must have authorisation from at least one holder of the buyer account, in addition to the authorisation required for the seller account (see the section "Authorised agent form" below).

A successful Feasibility Check does not guarantee approval of a subsequent Application.

The Feasibility Check process is based on information available in the Water Register at the time of the check. While a subsequent Application will usually be finalised very quickly, it will take longer if it needs interstate approval or manual consideration. It is therefore possible that by the time the Application is considered, some information may have changed (for example water usage may have been updated).

Withdrawal of an application

Applications submitted through this online method cannot be withdrawn.

Interstate allocation trade

You can submit an online application for interstate allocation trade. However, you must ALSO apply to the interstate authority, and -

• use its application form and comply with its requirements; and
• attach, as evidence of the Victorian part of the application, a copy of the email you get in response to this online Application.

Notification of the result of an application

The result of your Application will be emailed to you as the Broker. You are obliged to pass on the notification to the seller and the buyer, as described in the email.

Disclaimer notes

Approval of an Application does not provide for use of water (an appropriate water-use licence or water-use registration is required) or for carryover of water (which is subject to separate carryover rules and limits).

The Application is not a contract. Buyers and sellers are responsible for arranging financial settlement for a trade. Approval of an Application leads to immediate transfer of the relevant Allocation, without reference to whether it has been financially settled.

Storing confidential data

The Common Rules require that all broker records are kept securely. You must ensure this security by (for instance)

• Hardcopies: if any unauthorised person/s have access to the work area, files should be kept in a locked storage or filing cabinet
• Electronic copies: must be in a password protected format in a shared folder or hard drive accessible by only authorised persons

Application fees

The Common Rules deal with payment of the prescribed fee, which is a lesser fee when using online lodgement. You must not charge the customer a water register application fee which is greater that the fee you pay.

Authorised Agent Form

The Common Rules require that you have appropriate authorisation and define what it is.

If you have chosen to not use Water Register forms (Form 39, Form 39a or Form 39b) you must use a similar legal authorisation. It must include the minimum information below;

• The allocation account number (ABAxxxxxx)
• For all holders of the account -given name, surname, and signature
• If the holder is a company, the company name and the company position of the signatory, plus an ASIC extract (not more than 12 months old) showing the signatory, and
• A statement that the holder(s) have authorised you as the agent to trade water allocation.

Company executions

You must ensure that any execution by a company is in accordance with the Corporations Act 2001.

An execution for a company of an application usually requires two signatures;

1. two directors of the company; or
2. a director and a company secretary of the company.

Where a company has only a sole director (who is also the sole company secretary) execution of an application requires (only) the signature of that director.

All Australian companies have a record with the Australian Securities and Investments Commission (ASIC) about which persons are authorised to sign for the company.

Brokers should ensure they have a recent copy of the ASIC Company extract (not more than 12 months old) for the applicant either on file or it must be attached to the application.

For more details refer to section 127 of the Corporations Act 2001 and/or ASIC.

Privacy statement

The information from this Application is collected under the Water Act 1989, in order to process the application, to maintain the water register, and for the provision of water market statistical information. Most of the information in the Water Register is available to the public.