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

Restriction on the use of land vested in a prescribed authority

Form  13RVP (PDF 100 KB)

Dealing type - RV

Legislation - s88D(3)Conveyancing Act 1919

Stamp duty - not required

NOS form - not required

Standard form of Caveat - does not prevent registration

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

NOTE: This dealing type signed on or after the 22/3/2021 must be lodged electronically using an Electronic Lodgment Network (see Conveyancing Rules 8.7 and 8.8).

Where a required mandated dealing is excluded from electronic lodgment or circumstances allow the Registrar General to waive electronic lodgment under Conveyancing Rules 8.7 and 8.8, the incoming dealing must be accompanied with the Conveyancing Rules Exemptions form 2021 indicating the exemption.

Pursuant to s88D Conveyancing Act 1919 a restriction on the use of land affecting land vested in a prescribed authority may be created by Order of that authority.

There is no extra fee payable for a plan annexed.

See restriction on the use of land pursuant to s88E Conveyancing Act 1919 (land not 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 prescribed authority must be stated and be identical to the registered proprietor as shown on the Torrens Title Register.

The prescribed authorities under s88D(1) Conveyancing Act 1919 are:

  • a statutory authority, i.e. the Crown or a public or local authority constituted by an Act
  • Australian Postal Corporation
  • Coleambally Irrigation Corporation
  • Commonwealth Defence Housing Authority
  • 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).

(D) The date of the Order must be stated. An office 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.

The Order must state:

  • the land burdened by the restriction
  • the particulars of the restriction and
  • the name of the prescribed authority in which the land is vested.

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

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.400].

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

Where the restriction on use affects a Crown land tenure Perpetual Lease.

Registration procedure

TRANSACTION    ON

PRIME CODE    RU

                        REUA - restriction on the use of land pursuant to s77A Crown Lands Act 1989

                        REUB - restriction on the use (prevention of subdivision), see s77B Crown Lands Act 1989