On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Lord Howe Island leases

Lord Howe Island is part of New South Wales and is administered by the Lord Howe Island Board which was established under the Lord Howe Island Act 1953. The Lord Howe Island Board reports to the NSW Minister administering the Lord Howe Island Act 1953.

Land transactions

All land on the Island is vested in the Crown but under the management of the Lord Howe Island Board, see section 11 and 16 Lord Howe Island Act 1953. Islanders (i.e. those persons so deemed in section 3 Lord Howe Island Act 1953) may be granted a lease in perpetuity for residential or commercial purposes (sections 21 and 23 Lord Howe Island Act 1953).

Land may also be reserved or dedicated to the public by the publication of a notification in the Government Gazette by the Minister (section 19 Lord Howe Island Act 1953). Special leases, not exceeding ten (10) years, may also be granted to islanders for grazing, cultivation or other approved purposes (section 22 Lord Howe Island Act 1953).

Subdivision

Subdivision action may affect roads, Crown Title and/or existing leases of any type.

Subdivision action requires the surrender to the Crown of the whole or a part of an existing lease (section 22A Lord Howe Island Act 1953). A deposited plan of survey must be prepared to define the position of the new boundaries. As the fee of the land remains Crown Title, first titles are not created. Instead, new Crown leases are prepared in terms of lots in the new plan and registered at NSW LRS in the General Register of Deeds.

A plan of land not formerly identified as a portion, lot or road will be treated in the same way as a Crown plan for 'First Title Issue'. A Subdivision Certificate is not required.

Subdivision Certificate

The Lord Howe Island Board is the consent authority for all development and subdivision activity that is to take place on the island - see sections 15A and 18 Lord Howe Island Act 1953. Consequently, any plan that creates new boundaries subdividing one or more existing Crown parcels must bear a completed Subdivision Certificate signed by a delegate of the Minister administering the Lord Howe Island Act 1953.

Creating and closing roads

Road opening and/or closure on Lord Howe Island may be instigated under the provisions of the Roads Act 1993.

The Lord Howe Island Board is the road authority for the construction, maintenance, repair and draining of all public roads throughout the island, see section 12(1)(a) Lord Howe Island Ac*t 1953 and section 263 Roads Act 1993. New roads may be created and dedicated to the public pursuant to the Roads Act 1993 either by:

  • the inclusion of an appropriate dedication statement in the panel on the plan (section 9 Roads Act 1993) or
  • the publication of an appropriate notification in the Government Gazette (section 10 Roads Act 1993).

The site of the new or proposed road is shown on the face of the plan in the usual manner.
Existing public roads may be closed by the publication in the Government Gazette of a notification closing the road pursuant to section 38 Roads Act 1993 and surrendering the fee of the road to the Crown. A deposited plan (signed by a delegate of the Minister administering the Lord Howe Island Act) should be prepared defining the boundaries of the piece of road intended to be closed.

A closed road may be consolidated into the adjoining Crown lease(s) by the registration of a new deposited plan defining the new extended lease site.

Closed road plans must be signed by a delegate of the Minister administering the Lord Howe Island Act.

Easements

As the fee of the lands comprising Lord Howe Island remains Crown Title, easements cannot be created pursuant to section 88B Conveyancing Act 1919. However, easements in gross in favour of statutory authorities may be created over lands on the Island by:

  • registration of a deposited plan defining by survey the site(s) of the proposed easement(s) and
  • preparation of a notification in the Government Gazette acquiring the new easement.

Easements between Crown leases can only be created as rights stipulated in the terms of the individual leases.

Plan requirements

Any new deposited plan should be lodged as a deposited plan of survey. The plan (and if a plan of subdivision, the Subdivision Certificate) should be signed by a delegate of the Minister administering the Lord Howe Island Act 1953.

An exemption to prepare a plan of compilation instead of a deposited plan of survey may be granted by the Plan and Title Advisor, NSW LRS at plan-info@nswlrs.com.au.

For more information on Plans and Titling please visit the NSW LRS Contact Us page.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/ 

Publish date: October 2023