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

Positive covenant affecting land vested in prescribed authority

Form 13 PVP 

Dealing Type - PR

Legislation - section 88D(3) Conveyancing Act 1919.

Stamp Duty - not required.

NOS Form - not required.

Standard Form of Caveat - does not prevents registration.

Priority Notice Noted on the Register - see Priority Notice page.

NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.

Pursuant to section 88D Conveyancing Act 1919 a public positive covenant affecting land vested in a prescribed authority may be created by an order by that prescribed authority.

There is no extra fee payable for a plan annexed.

Also see pages:

(A) The reference to title for the land affected by the public positive covenant must be stated.

(C) The full name of the prescribed authority must be stated and be identical to the registered proprietor as shown on the Torrens Title Register.

The prescribed authorities under section 88D(1) Conveyancing Act 1919 are:

  • the Crown (section 88D(1)(a))
  • a public or local authority constituted by an Act (section 88D(1)(b)) or
  • a corporation prescribed for the purposes of section 88D (section 88D(1)(c)). The following corporations are prescribed by clause 27 Conveyancing (General) Regulation 2018:
    • Australian Gas Networks (NSW) Pty Ltd (ACN 083 199 839)
    • Australian Postal Corporation
    • Defence Housing Australia
    • an energy services corporation within the meaning of the Energy Services Corporations Act 1995
    • the owner of a transacted distribution system or transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015
    • Hunter Water Corporation
    • an irrigation corporation within the meaning of the Water Management Act 2000
    • Water NSW
    • Sydney Water Corporation
    • The Uniting Church in Australia Property Trust (NSW)
    • AGL Macquarie Pty Limited (ACN 167 859 494)
    • Snowy Hydro Limited (ACN 090 574 431)
    • Transport Asset Holding Entity of New South Wales
    • Landcom

NOTE: It is not acceptable for any other party (other than the entities described above) to be the applicant.

(D) The date of the order must be stated. A true copy of the order must be annexed to the dealing.

The prescribed authority must certify that no person or corporation has acquired an interest in the land.
In accordance with section 88D Conveyancing Act 1919 the order must state:

  • the land burdened by the public positive covenant
  • the particulars of the public positive covenant. A public positive covenant must require the carrying out of a particular obligation by the registered proprietor, e.g. to repair or insure a building etc. and
  • ​the name of the prescribed authority in which the land is vested.

NOTE: If the prescribed authority specified in the order is no longer the prescribed authority in which the land is vested when this dealing is lodged, then this dealing will be rejected.

(E) The dealing must be executed by an authorised officer of the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.

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

Staff processing information

If in order proceed with registration except for the following.

Refer to Crown

Where the positive covenant affects a Crown land tenure Perpetual Lease.

Registration procedure


PRIME CODE    PC.

Published Date: October 2024