Solicitors and Conveyancors

IMPORTANT INFORMATION FOR THOSE PERSONS CONVEYING THE OWNERSHIP OF LAND REGISTERED WITHIN THE BFPID

We are frequently contacted by Solicitors and others in the process of arranging the transfer of ownership of parcels of land that are or may be in the PID.

If the conveyancer believes that the property has a PID water allocation they should verify that this is correct by contacting administration or emailing pid@saywells.com.au and obtaining a Section 360 Certificate to that effect from the board if required. The charge for a Certificate is $165 including GST. A separate Certificate is required for each PID land holding.

The Section 360 Certificate provides folio details of the land included in the PID, Annual Water Allocation, fees and charges, any amounts due and the balance of Annual Water Allocation available. Charges are levied annually for the year July 1st to June 30th; payment is due no later than July 31st of that year.

The allocation of water under this scheme is permanently attached to a specific parcel of land and cannot be sold or dealt with separately. The Annual Allocation is not a water license. The PID holds a Water Access License; each PID member has a pre–determined allocation of part of that WAL. There is no transfer document required; however, we request that the contact details
of the new owner be provided to the PID for administrative purposes. As we are a Utility we need to have a current email contact for all PID accounts in case of emergency, the email
information is protected from public dissemination under the Act’s privacy provisions.

Any amounts due to the PID are registerable as a charge over the land and are recoverable from the current owner or owners regardless of when the debt was incurred. Failure to obtain a
section 360 Certificate does not remove the purchaser’s liability for any monies outstanding and due to the PID.

The normal practice is for the Annual Charge to be apportioned between vendor & buyer on a per diem basis, similarly to Local Government Rates.

The Annual Charge commencing 1st July 2017 is $425 per Unit of Annual Allocation less a prompt payer rebate of $50 per unit if paid before 31st July. For the period 1st July 2017 to 30th June 2018 the Office of Water has determined 1 megalitre of water as 1 Unit of Allocation.

The charges for water drawn in 2017–2018 are in three tiers:–
0–50% of Annual Allocation $0.00 per megalitre
50%–100% of Annual Allocation $200.00 per megalitre
100%+ of Annual Allocation $550.00 per megalitre.

The legislation under which the PID operates is the NSW Water Management Act 2000 No.92.

http://www.legislation.nsw.gov.au/

INFORMATION REQUESTED BY THE PID ON CHANGE OF OWNERSHIP OF PID LAND

To protect the interests of owners of PID land on the transfer of ownership we wish to alter our records appropriately immediately after settlement. You may supply this information prior to settlement to ensure availability of irrigation water on settlement. Please complete this document and forward it to BFPID, C/O Saywells Chartered Accountants, PO Box 263, Cessnock, NSW 2325,  or by email to pid@saywells.com.au It is important to supply an email address as we will issue the new owner with a password to allow them access to our web site and for urgent messages re water supply to be sent to them. *(Email addresses are treated as confidential under the PID legislation).

DETAILS OF OWNERSHIP of PID
LAND DETAILS OF OWNERSHIP

Transferor: …………………………………………..

PID number: ………………….

Transferee: …………………………………………..

ABN: ……………………………

(Full name or Company name)

Address for Service of
Notices………………………………………………………

State: …………. Postcode: ……………

Email *: ……………………………………

Tel: ……………..Mobile: …………………Fax: ……………..

DETAILS OF TRANSFER

PID No: ……..Street No:……….

Street : ………………………………….

Date of Contract: ………………………….

Date of Settlement: ………………………

Lot: …………Sec: …………. DP/SP: …………………………..

SOLICITOR/CONVEYANCER DETAILS

This notice has been completed by:

Solicitor / Conveyancer / Transferor / Transferee

Date: ………………Ref: …………………….. Contact No: ……………………………..

THE FOLLOWING INFORMATION IS OF VALUE TO POTENTIAL PURCHASERS OF PID PROPERTIES – WE ASK CONVEYANCERS TO MAKE IT KNOWN TO YOUR CLIENTS
Notes for current & new subscribers, purchasers and vendors of PID subscriber properties.

If you are new subscriber or have acquired an existing PID property welcome to the Broke Fordwich Private Irrigation District, we have put together a few notes to help you in regard to the policies and procedures that apply to all subscribers. These notes will also refresh current members in relation to the PID operations and administration.

Please ensure that the PID has your current contact details INCLUDING email address. Your email address is protected by the NSW Privacy Act and is only used to for the PID to contact users in emergencies and certain necessary circumstances and to provide users with password protected access to their member information on the PID website.

The Broke Fordwich PID is a statutory authority controlled by NSW legislation. The controlling instrument is the Water Management Act 2000 No.92. The PID began operations in 2001 and has effectively drought–proofed the properties of constituent members since that date. Relevant extracts of the act can be found on our web site www.hwcpid.com.au

To request water, call 1300 767 118, listen to the status message, if any, and request your PID outlet be put ON LINE leaving your PID Number and street address. Your PID number is on the account and on the pole beside your meter set. You should also call this number if you wish your PID outlet to go OFF LINE.

Please note, water must be delivered to a storage (Tank or Dam), it is prohibited to irrigate directly from the PID, and penalties may apply.

If water does not flow within a reasonable time (normally 3 working days) call the number again and report that there has been no flow. A serviceman will come and make whatever repairs are necessary to effect supply; this may take up to another three working days. Note: – Water will not be delivered to properties that have any unpaid monies overdue to the PID whether they are Annual Charges, Statutory Interest or Water Usage Charges.

If your storage is close to overflowing, turn off the stop cock you MUST have on your side of the meter. (Remember to turn it back on before requesting water
next time). We recommend that your storage input is also controlled by a “float valve”; this valve should be fitted with 2 floats to overcome the inlet pressure from the PID main.

As a subscriber you have contracted to take a certain number of units of allocation and the pumping infrastructure and financing have been designed around that commitment. Usually these units of allocation are equal to 1 (One) megalitre of water, however adjustments may be made from time to time by the State Government Office of Water depending on the Available Water Allocation to the Water Access Licence held by the PID. These adjustments are usually announced by the State Minister for Water and as far as possible will be notified to subscribers by mail or email.

Should you wish to vary your entitlement, you can write to the Board requesting an increase or decrease. These are not granted automatically and do NOT take effect from the date of your application. Most increases depend on having a subscriber wishing to divest themselves of units of allocation; as long as it is hydraulically possible units of allocation are taken from them and allocated to you, resulting in the delivery of more water. Divesting of units of allocation relies on there being another subscriber willing and able to take up those units of allocation. All applications are handled strictly in order of receipt, within the hydrology limits of the system.

The PID cannot quickly refill empty dams, as you start needing water, order water delivery and keep your daily usage in line with deliveries. Guidelines suggest that for agricultural users storage should be 50% of your annual allocation and for other purposes, a minimum of 2 months use.

Please be aware that the system operates in accord with best practice and is relatively reliable, however breakdowns do occur and these will result in an interruption to supply. You cannot rely on daily delivery.

The PID renders an Annual Charge (Rate) account to each member in June, which is due for payment in full no later than 31 July, this charge is similar to the Local Government Rates and has the same legal status.

Your obligation as a subscriber is to pay your account on time so that the capital bank loan, taken out in 2001 to finance the system, can be repaid. Interest at the statutory rate (currently 9.00% p.a.) is charged on all overdue amounts and must be paid. More drastic collection action is taken to collect any delinquent amounts and any legal and collection costs are to the subscribers account. Unpaid charges and all monies due to the PID are registerable as a Charge over the Land and are recoverable in the Local Court as a matter of right by the PID.

The land is the constituent member of the PID and the owner of the land is responsible in law for any monies owing regardless of date of acquisition of the land. Purchasers of land with PID membership should obtain a section 360 certificate detailing the lot and DP of the land, the annual water allocation and financial position of the land at the date of issue of the Certificate. Failure to do so will render the purchaser liable, under the legislation, for any and all monies due to the PID at the date of acquisition of the land.

We ask you maintain the area around your green meter box, grass should be kept short and weeds removed, also a clear access must be available from the road or a nearby driveway, our servicemen may be unable to service meter sets they cannot easily access. In addition any long grass and weeds will provide a fire danger and should your meter set be fire damaged it will result in long delays in supply until the costly components can be replaced.

Don’t forget that infrastructure on your property can also influence supply, closed valves, crushed pipes, faulty regulators, leaky joints etc., will all influence the volume of water you receive, our operators can ensure that water flows to the meter, but you must maintain your own equipment so it flows, unrestricted, to your storage.

The PID is run by a Board of elected subscribers, who sit monthly to review operations, administration, financing and upgrades. The Board has a dispute resolution procedure, and there are a number of rules and procedures that apply. These are available to the subscriber via the website www.bfpid.com.au Log on and follow the simple instructions to find the Operating Procedures, FAQs and Instructions for Solicitors and Conveyancers. During the year regular readings are taken of your meters, these readings are posted to the website and are accessible to you by logging in and entering a password, your login name is your PID number. When you supply your email address to the PID we issue an initial password directly to that email address, the password can be changed online

One final point, you are responsible for the management of your water, once you receive more than 50% of your annual allocation excess charges will apply, careful reading of your meter or monitoring of the website is advised.

Again we welcome you to this farsighted system, which was set up by a group of enthusiastic locals for the benefit of all, We are proud of our record in delivering irrigation water to over 300 users in the district and helping to ensure the viability of viticulture, agriculture, tourism and lifestyle properties.

The Board of Management of Broke Fordwich PID.

INFORMATION REGARDING LANDHOLDER LIABILTY FOR PID CHARGES.

1 Background
(a) The Broke Fordwich Private Domestic and Stock Water and Irrigation District (BFPID) is a district constituted under Water Management Act 2000 NSW. Lands within the district are supplied with water by the Board of Management of the BFPID from the Hunter River.
(b) The extraction of water from the Hunter River by the Board of Management is authorised pursuant to water access licences held by the Board of Management in amounts exceeding 5000 Million litres annually.
(c) The Board of Management issues rates to the owners of lands within the district to defray the costs of management and delivery of the water to properties which are within the district.

2 Rates
(a) The Rates Notices are issued by the Board of Management of the BFPID to PID Landholders on 1st July annually for the year 1st July to 30 June.
3 BFPID Particulars – Petition and Proclamation
(a) The BFPID was constituted by Proclamation of the Governor of New South Wales dated in 2000pursuant to the power of the Governor so to do under section of the Private Irrigation Districts and Water (Amendment Act) 1973 NSW (which Act was assented to on 8 May 1973).
(b) Pursuant to section 9 of the Private Irrigation Districts and Water (Amendment) Act 1973 NSW, various owners of land adjacent to or near a private district could lodge a petition for the addition of those lands to the private district (extracts of the Private Districts and Water (Amendment) Act 1973 (NSW), including section 9 is annexed).
(c) The Governor of New South Wales pursuant to section 11 of the Private Irrigation Districts and Water (Amendment) Act 1973 NSW by Proclamation added lands described in various petitions (including the Petition)
(e) The result of these events was that the BFPID was proclaimed and subsequently the Petition Lands within

4 Private Irrigations Districts Act 1973 and Water Management Act 2000
(a) The Private Irrigation Districts Act 1973 was repealed by the Water Management Act 2000 (WMA) on 1 January 2001 (by section 401 and Schedule 7 of the Water Management Act 2000).
(b) Since 1 January 2001, the Water Management Act 2000 regulates private irrigation districts in New South Wales.
(c) Section 167 of the Water Management Act requires the BFPID Board to, as soon as practicable after 1 July in each year determine the quantity of water it proposes to supply to each holding within the district and to fix rates and charges for all landholdings within the BFPID (a copy of s.167 WMA is provided “I”). Section 167 requires that those rates and charges must be sufficient to “ … produce in the year for which they are fixed the amount estimated by the private irrigation board as being required in that year for …” the various activities and financial obligations of the Board of Management forecast for that year.
(d) Pursuant to section 172 of the Water Management Act, all amounts due and payable under the relevant division of the WMA in respect of rates or charges are payable to the BFPID by the landholder of the holding in respect of which they were levied and “ … must be paid whether water is or is not taken by the landholder … “ ((a copy of section 172 of the Water Management Act is provided “J”).
(e) Pursuant to section 173 of the Water Management Act rates and charges and any costs awarded to a private irrigation district board by any court in proceedings for recovery of any such rates and charges are a charge on the land in respect of which the rates and charges have been levied (a copy of section 173 of the Water Management Act is provided “K”).
(f) Pursuant to section 356 of the Water Management Act a charging authority (which includes a Private Irrigation District) may charge interest on overdue rates and charges at a rate not exceeding the rate of interest payable for the time being on unpaid judgements of the Supreme Court (a copy of section 356 of the Water Management Act is provided “L”).
(g) Pursuant to section 357 of the Water Management Act any rate or charge or other money due to a charging authority under the Water Management Act may be recovered in any court of competent jurisdiction as if it were a debt due to the charging authority (a copy of section 357 of the Water Management Act is provided “M”).
(h) Section 146 of the Water Management Act provides that a landholder within a private irrigation district may apply for an order from the Land & Environment Court that the landholder’s lands be excised from the private irrigation district (a copy of s.146 WMA is annexed at annexure marked “..”). The subject land (Lot 4 in Deposited Plan 1019768) has not been excised from the BFPID.

5 Conclusions
(a) The Board of Management of the BFPID is entitled to and required to levy rates and charges in respect of all lands within its district.
(b) The rates are payable by the landholder (defined in the Water Management Act to mean the owner of the land or if the owner is not in occupation then the lawful occupier of the land).
(c) By virtue of section 172 of the Water Management Act, landholders of lands petitioned in to the BFPID, whether the original or subsequent owners are required to pay the rates and charges levied.