Resumption acquisition

ADIS Code - RES

Acquisition:  Commonwealth, State and Local Government authorities are vested with the statutory power to acquire land by agreement with the proprietor.  Acquisition is generally carried out on just terms or with compensation paid at the market value.

Resumption:  enables Commonwealth, State and Local Government authorities, pursuant to an expressed statement in a statute or a delegated power, to acquire under compulsion:

  • land that has previously been alienated, ie conveyed; or
  • the benefit of an easement.

The land or easement is generally resumed for public purposes and compensation for compulsory acquisition is regulated by statute. See:

  • s11 Land Acquisition (Just Terms Compensation) Act 1991
  • s22 Lands Acquisition Act 1989 (Commonwealth)
  • s185 or Part12 Division 2 Roads Act 1993
  • s196A Conveyancing Act 1919
  • Rule 4.3 of the Lodgment Rules and Clause 6 Conveyancing (General) Regulation  2013.

Application form

The resumption/acquisition must be lodged in the prescribed form set out in Schedule 2 Form 1 Conveyancing (General) Regulation 2013.

Lodgment requirements

Stamp duty - Not required.

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 is resumed and is not for road purposes.

Not required where:

  • land is resumed for road purposes
  • an easement is resumed.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Resumption

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

Link Conveyance - For the Old System land affected.

Principal Deed - Not required.

(D) Indexing - The proprietor of the land/easement and the resuming authority.

(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. 

Operative clause:  "... hereby resumes/acquires ...".

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.

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

Attestation:  not required. 

IPF:  must be completed.

Staff processing information

Registration in the Resumptions Register cannot be insisted upon.  If registration is required after informing the lodging party of any deficiency, the document may be registered under the General Frame, ie code "G". The Noting Panel (C) on the IPF must be amended by the lodging party to state that registration in the General Register and not the Resumptions Register is required.  Enter the Locality and Link Conveyance.  Enter the proprietor of the land as a Vendors entry.

Acquisitions and resumptions by Commonwealth, State and Local Government bodies are entered under the Resumption Frame, ie code "RES".

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:  nil.

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

If:

  • 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, deceased estates or trusts, and any variations thereof.  Crown land will be entered as "State of New South Wales".

P: nil.