Water Rights

Circumstances/Transactions:

Water entitlements transferred with land are not dutiable because they:

• Do not come within the definition of dutiable property under section 10 of the Duties Act 2000; and
• Can be independently traded and therefore do not form part of the land.

Where the consideration for a dutiable transaction includes consideration for a non-dutiable water entitlement, land transfer duty will only be charged on the portion of the consideration paid for the dutiable property.

Evidence:

• Digital Duties Form;
• A complete copy of the contract of sale, including all special conditions; and
• Where the contract does not apportion the consideration between the water entitlements and the dutiable property, evidence of the value of the water entitlements.