Erratum notice for a resumption

ADIS Code - RESE

An erratum notice is prepared where there was an error in the writing or printing of the original resumption.  The erratum notice is published in the Government Gazette. 

A copy of the Government Gazette erratum notice with a certificate of correctness as to the information contained therein must be lodged.

There is no statutory provision for the entry of erratum notice.

The original resumption is not required.

Certificate

The certificate of correctness as set out in Schedule 2 Form 1 Conveyancing (General) Regulation 2003 may be suitably amended:

"I [name and address of authorised officer] certify that the above matter is a true copy of the notification of erratum notice published in the Government Gazette on [date] at page ...".

Lodgment requirements

Stamp duty - Not required. If not marked Registration insisted upon is prohibited.

Registration copy - Only a certificate and a copy of the Government Gazette notice is lodged.  If the copy of the Gazette notice is unacceptable, Registration insisted upon is prohibited

Statement of Title Particulars form - Not required.

NOS form - Required where the land affected by the resumption is altered and the land is not for road purposes.

Not required where the resumption affects an easement or the land description is not altered.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Resumption - Erratum Notice

(C) Locality - Required.  The situation of the land.

Link Conveyance - For the Old System land affected.

Principal Deed - The affected resumption.

(D) Indexing - The proprietor of the land/easement and the Local Government Area or Parish.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the proprietor of the land and the resuming authority are required.  Advise the lodging party of any discrepancies in names. 

Locality:  required.  The situation of the land.

Land Description:  required. Determine if the affected land is Old System or other (see IPF).  The Old System land must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required if Old System land is affected.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Principal Deed:  if registered, the number of the affected resumption as stated in the erratum notice must be identical to the number stated on the IPF.

Execution:  by the resuming authority.  The proprietor of the affected land or easement does not have to sign.

Attestation:  not required. 

IPF:  must be completed.

Staff processing information

Crown land is to be indexed as "State of New South Wales".

CA  Not required.

Indexing

Locality:  required.  The situation of the land.

Link Conveyance:  required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed:  required.  The affected resumption.

Noting:  "Affecting [description of the land]".

If Old System land is affected and:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:  the proprietor of the land or easement, deceased estates or trusts, and any variations thereof, and the Local Government Area or the Parish.  Crown land will be entered as "State of New South Wales".

P:  nil.