Transfer involving Aboriginal land

Form  01T

Dealing type - T

Legislation - s40, s40AA, s40C, s40D Aboriginal Land Rights Act 1983

Stamp duty - required.  The number of title references indicated as marked by Revenue NSW must agree with Note (A).  Separate marking as regards Vendor Duty is also required where the contract for sale is dated after 31.5.2004 and before 2.8.2005.

Any alteration to the title reference, to the estate being from leasehold to fee simple, tenancy, interest/share, consideration, or change to the names of the parties must be marked.  A minor change in spelling that does not alter the identity of a party may be ignored.  The addition of a name must be marked.

Not required where:

  • a change in estate is to a lesser estate;
  • a change in tenancy/shares does not alter the overall share distribution.

Certificate of Title - required.

NOS form - required.  Panels 1, 2, 3, 4 and 5 require completion.  Ignore 3A and 4 if the transfer is not for value.

Standard form of Caveat - prevents registration.

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

An Aboriginal Land Council includes both:

  • The New South Wales Aboriginal Land Council; and
  • A Local Aboriginal Land Council.

Requirements are the same as for a standard transfer, together with the following.

For more information see:

Aboriginal bodies

Acquisition by an Aboriginal Land Council.

 

(J) The transfer must be executed by the Aboriginal Land Council as transferor and by or on behalf of the transferee as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Tick Tick Tick

For more information see:

Execution of dealing forms.

Where the transferor is the New South Wales Aboriginal Land Council, the New South Wales Aboriginal Land Council must execute the transfer in one of the following ways:

  • Pursuant to model rules in clause 10 of Schedule 4 to the Aboriginal Land Rights Regulation 2002 (NSW) with the common seal and signed by 2 councillors; or
  • Pursuant to section 245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by the Chairperson of the New South Wales Aboriginal Land Council; or
  • Pursuant to section 245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by a member, officer or employee of the New South Wales Aboriginal Land Council who is delegated authority by the Chairperson of the New South Wales Aboriginal Land Council to do so. The delegation must be provided.

Where the Transferor is a Local Aboriginal Land Council, the Local Aboriginal Land Council must execute the Transfer in one of the following ways:

  • Pursuant to model rules in clause 17 of Schedule 2 of the Aboriginal Land Rights Regulation 2002 (NSW) with the common seal and signed by 2 board members of the Local Aboriginal Land Council; or
  • pursuant to section 245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by the Chairperson of the Local Aboriginal Land Council; or
  • Pursuant to section 245 of the Aboriginal Land Rights Act 1983 (NSW) without the common seal signed by a member, officer or employee of the Local Aboriginal Land Council who is delegated authority by the Chairperson of the Local Aboriginal Land Council to do so. The delegation must be provided.

Staff processing information

WARNING   Refer all transfers by an Aboriginal Land Council to SD31 and then to the Legal Division.