Removal of restrictions

31Dealing type - 13KR 

Legislation

  • Crown Lands (Continued Tenures) Act 1989
  • Western Lands Act 1901

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration.

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

This form is obtained by application to the relevant Local District Office, - Crown Lands, - Far West Region.

The application will not be questioned by NSW LRS as regards the appropriateness of the form or the grounds for issue of the Certificate on behalf of the Minister.

(A) The reference to title must be stated and the number of title references must agree with that stated in the Certificate at Note (D).

The tenure identity, number, land district, and area of affected land of the tenure must be stated.

(C) The full name of the applicant must be stated and must be identical to the name of the registered proprietor as shown on the Torrens Title Register or the incoming registered proprietor on an accompanying dealing.

A mortgagee or chargee in possession may apply. Evidence is not required.

The statutory declaration should be made by the applicant, the applicant's attorney, or an authorised officer (the nature of the authority must be disclosed) and should be witnessed by a prescribed functionary. Where the declaration has been made outside NSW, reference to the Oaths Act 1900 should be deleted, the relevant Act must be inserted and the alteration verified.

If the statutory declaration has not been completed or fully executed but the Certificate at Note (D) has been completed and signed on behalf of the Minister, the application will be accepted as drawn.

(D) The 'Office Use Only' panel relating to moneys paid etc must be completed and signed on behalf of the Minister administering the particular Crown Lands Act. The execution does not require witnessing.

The Certificate must be completed and signed on behalf of the Minister administering the Crown Lands Acts of 1989. The execution need not be witnessed.

The restrictions and/or conditions to be removed from the folio of the Torrens Title Register must be stated or set out in an annexure.

Staff processing information

If in order proceed with registration except for the following.

Refer to SD31

  • where the tenure is a Western Lands Lease (WLL).
  • where a part of the notification is to remain.

Registration procedure

No further restrictions or conditions to remain on the Register

TRANSACTION    OFF

PRIME CODE    code of restriction etc as shown on the Register

PRIME NO.    leave field blank if not shown.