Rescission of resumption

ADIS Code - RESR

A rescission is the termination of the resumption or acquisition.  The status of the land is returned to its original state.  The rescission notice is published in the Government Gazette.

See s196A Conveyancing Act 1919.

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

Certificate

The certificate of correctness as set out in Schedule 2 Form 1 Conveyancing (General) Regulation 2013 may be suitably amended:

"I [name and address of authorised officer] certify that the above matter is a true copy of the notification of rescission of resumption 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NOS form - Required where the resumption of land is rescinded.

Not required where the resumption of an easement is rescinded.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Resumption - Rescission of

(C) Locality - Not required. 

Link Conveyance - Not required.

Principal Deed - The registered 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 affected land or easement and the resuming authority are required.  Advise the lodging party of any discrepancies in names. 

Operative clause:  "... hereby rescind...".

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.

Principal Deed:  required.  The number of the affected resumption as stated in the rescission must be identical to the number stated on the IPF.

Execution:  by the rescinding party.  A power of attorney must be registered.  The proprietor of the land or easement does not have to sign.

Attestation:  not required. 

IPF:  must be completed.

Staff processing information

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

If the resumption has not been registered the rescission must be entered under the Resumption General Frame, ie code "RESG", with a Noting: "Rescission of resumption dated affecting [land/easement and a description of the land or easement]".  Enter the Locality of the land or easement.  Enter the Link Conveyance if Old System land is affected.  Enter the proprietor of the affected land and the Local Government Area or the Parish as Vendors entries.

CA  Not required.

Indexing

Locality:  nil.

Link Conveyance:  nil.

Principal Deed:  required.  The registered resumption.

Noting:

Full Rescission

"Rescinded - see Notification in Govt Gaz dated ... Folio ...".

Partial Rescission

"Rescinded re [description of land, County] - see Notification in Govt Gaz dated ... Folio ...".

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 affected 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