Restriction on the use of land by a prescribed authority

Form 13RPA (PDF 550 KB)

Dealing type - RV

Legislation - s88E(3) Conveyancing Act 1919

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - does not prevent registration

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

Pursuant to s88E Conveyancing Act 1919 a prescribed authority may create a restriction on the use of land that is not vested in the authority.

There is no extra fee payable for a plan annexed.

See restriction on the use of land pursuant to s88D Conveyancing Act 1919 (land vested in the authority).

(A) The reference to title for the land burdened by the restriction must be stated.

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

(D) The type, number and full name of the lessee, mortgagee or chargee of a registered lease, mortgage, charge or covenant charge who agrees to be bound by the restriction must be stated.

It is not essential that the holders of registered interests agree to be bound by this restriction.

(E) The full name of the prescribed authority must be stated.

The prescribed authorities under s88E(1) Conveyancing Act 1919 are:

  • a statutory authority, ie the Crown or a public or local authority constituted by an Act
  • Australian Postal Corporation
  • Coleambally Irrigation Corporation
  • Hunter Water Corporation Limited
  • Jemalong Wyldes Plains Irrigation Limited
  • Lower Murray Irrigation Areas Limited
  • Murray Irrigation Limited
  • Murrumbidgee Irrigation Corporation
  • Rail Infrastructure Corporation
  • Sydney Water Corporation Limited and
  • The Uniting Church in Australia Property Trust (NSW).

(F) The annexure must state:

  • the land burdened by the restriction; and
  • the particulars of the restriction.

(G) 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.

The dealing must be executed by the registered proprietor and be witnessed, or it may be executed on the registered proprietors behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Registered Proprietor Tick Cross Tick Cross

Where the registered proprietor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB). The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Where the applicant or registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB). A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc. 

(H) The registered number of the lease etc must be stated. The dealing must be executed by the lessee/mortgagee/chargee stated at Note (D) and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Lessee etc Tick Cross Tick Cross

See execution requirements for companies, witnesses etc. 

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.450].

Staff processing information

The dealing does not require referral to SM99 and may be registered if in order.

If in order proceed with registration except for the following.

Refer to SD31

A restriction:

  • involving an Aboriginal Association or corporation
  • involving the NSW/Local Aboriginal Land Council
  • involving a Crown land tenure perpetual lease pursuant to s77A or77B Crown Lands Act 1989.

Registration procedure

TRANSACTION    ON

PRIME CODE    RU

SD6 - Registration procedure

Affecting a Crown land tenure perpetual lease pursuant to s77A Crown Lands Act 1989.

TRANSACTION    ON

PRIME CODE    REUA

Affecting a Crown land tenure perpetual lease pursuant to s77B Crown Lands Act 1989.

TRANSACTION    ON

PRIME CODE    REUB