Crown land miscellaneous

Basal and Build-up land

"Basal land" is the original land held by the owner.  "Build-up land" is additional Crown land subsequently taken up by the owner.  For certain tenures restrictions on build-up were entered on the basal land title by means of a Registrar General's caveat pursuant to the following Acts.

s11(1A) Closer Settlement Amendment (Conversion) Act 1943  

Where at the time of granting of a Closer Settlement Lease (CSL) the holder owned other land, the basal land and the build-up land, ie the Closer Settlement Lease, cannot be transferred separately without Minister's consent.

s31(2) Closer Settlement Act 1904    

Prior to the introduction of the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997, the holder of a Settlement Purchase (SP) who owned other land could not transfer the basal land and build-up land separately without Minister's consent.  This no longer applies and the dealing restriction on the Settlement Purchase title and the related Registrar General's caveat on the title for the basal land will be removed.

s31(3) Closer Settlement Act 1904    

Prior to the introduction of the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997, the holder of a Settlement Purchase (SP) converted from a Closer Settlement Lease (CSL) who owned other land could not transfer the basal land and build-up land separately without Minister's consent.  This no longer applies and the dealing restriction on the Settlement Purchase title and the related Registrar General's caveat on the title for the basal land will be removed.

Staff processing information

Refer to SD 6 in all instances.

Building condition

A Crown land tenure may be subject to a building condition, ie the requirement to erect a dwelling or develop and use the land for a specific purpose within a specified time period.  The condition is normally set out in a memorandum and now mainly affects completed purchases.  Crown Lands will issue an Action Affecting Crown Holding form 19MA directing the relevant notification be removed when the building condition has been satisfied.

Note  Building conditions that applied to Auction Purchase (AP), After Auction Purchase (AAP), Tender Purchase (TP) and After Tender Purchase (ATP) tenures no longer apply, ie the Memoranda S730000 series.  The building condition Memorandum will be removed with any dealing.

Deferred survey

A single folio of the Register may contain separate tenures that have not been defined by registration of a plan of survey, ie a deferred survey.  For example, a Perpetual Lease tenure may be converted into an Incomplete Purchase as regards part of the land and remain as a Perpetual Lease as regards the residue.  The holder is liable for survey costs in the event of the tenures being transferred separately.

The folios for the separate tenures will contain a notification in the Second Schedule referring to s109(3), s183(1), or s184(1)(h) Crown Lands Consolidation Act 1913 (repealed), or Clause 17(4) Schedule 8 Crown Lands Act 1989.  The notification is removed on advice from the State Lands Services that the purchase and other moneys have been paid.

Easements

Easement for public access

An easement for public access over Crown land may be created by Crown Lands or other authority pursuant to s56 Crown Lands Act 1989.  The easement will be created in the usual manner for an easement in gross.  There is no dominant tenement and the site of the easement may be defined by reference to a natural or physical feature (no plan required), by a plan annexed to the dealing, or by reference to a Deposited plan.

Easements involving a tenure

Minister's consent is not required for creation of an easement involving a Crown land tenure or Crown land Real Property Act lease, except where the title is subject to:

  • s102 Crown Lands Act 1989 or
  • s20A Forestry Act 1916 (dedicated State Forest in a Crown Land perpetual lease).

Fiduciary capacity and Crown land

A dealing by a person holding an estate or interest in a Crown land tenure or a Crown land Real Property Act lease as an executor, administrator or trustee may, for NSW LRS purposes, deal with the estate or interest in the usual manner.

Note  Minister's consent is required for a non-fiduciary Transmission application affecting a Western Lands Lease.

KZ notification

"This Folio cannot be dealt with separately from the balance of the above holding which comprises lots ..."

Where separate computer folios are issued for the portions that make up a tenure formerly comprised in a single manual folio, and the current certificate of title is still the manual title, the NSW LRS title search refers to the issue of a folio identifier for only one of the lots comprised in the tenure.  The other title searches state: "Certificate Of Title Has Not Issued" (the former manual title reference is not stated).  The reference to the tenure on each title will include the word "Part".

The notification is recorded in the Second Schedule of all the computer folios issued for the tenure to ensure that the whole of the tenure is considered.

Note   Western Lands Leases will show the total  area for the holding in the ULAL notification on each title within the holding.

Staff processing information

The following points must be observed:
  • all titles mentioned in the KZ notification must be considered
  • in updating a manual reference to title on a dealing all the references to the lots stated in the KZ notification must be included
  • a dealing that does not affect all the lots, except for a caveat, writ, easement, resumption, or lease of a dip site, must be referred to SD6.  Note Other exceptions may exist, refer any doubt to the Senior Examining Officer
  • where a dealing affecting less than all of the lots will result in the issue of a certificate of title and the manual certificate of title is produced, certificates of title must be issued for all of the lots in the KZ notification.  For example, for a discharge of a mortgage that affects only one of the lots:
    • enter all of the references to title contained in the KZ notification into ITS
    • discharge the mortgage as regards the affected lot, and
    • register the discharge as regards the other lots:

ADD. TRANSACTION    HIST
DELIVERY DETAILS    as required.

A KZ notification must be removed from all affected titles where reference to payment of purchase and other moneys, forfeiture provisions and subdivision restrictions are removed except where a KZ & FX notification created by the same 19MA conversion action are noted on title .  If the tenure identity is to remain the word "Part" must be removed from the tenure description.

A KZ & FX notification created by the same 19MA conversion action may only be removed upon lodgement of another 19MA releasing both. Refer to SD31

Where the land description on title still has reference to a town. Refer to SD31 for appropriate updating.

KZRU and REUB notifications

Pursuant to s77B Crown Lands Act 1989, various restrictions aimed at protecting the environment and including restrictions on subdivision, in accordance with s88D and s88E Conveyancing Act 1919, may be imposed on land that is the subject of conversion from a Crown land tenure lease to a complete purchase.

The following restrictions are entered on conversion:

KZRU Restriction on Use (Preventing dealings that will result in separate ownership of the parcels contained herein), See s77B Crown Lands Act 1989.

Minister's consent is required to register the following dealings as regards less than all of the lots in the title:

  • all transfers, except where tenancy/shares only are changed
  • Application to record new registered proprietor
  • Foreclosure
  • Notice of Death
  • Possessory Application
  • Request re roads
  • Request re vesting orders by the Supreme Court
  • Transmission application.

REUB    Restriction on Use (Prevention of Subdivision), See s77B Crown Lands Act 1989.

Minister's consent is required for any plan of subdivision affecting the title.

Memoranda for Reservations and Conditions

For the full name of the tenure.

Mem. No. Tenure, Condition, Purpose, Action
S700000A Purchases: reservation of minerals and public ways.
S700000B Purchases: reservation of minerals and public ways; depth restrictions; subsidence.
S700000C Leases: reservation of minerals and public ways; forfeiture provisions.
S700000D. Leases: reservation of minerals and public ways; depth restrictions; subsidence; forfeiture provisions.
S730000A TP: no longer applies and will be removed.
S730000B Incomplete Purchases: insurance for improvement. No longer applies to TP, AP, ATP or AAP, and will be removed.
S730000C AP, AAP: no longer applies and will be removed.
S730000D Leases: preservation of timber.
S730000E TP, ATP, AP, AAP: no longer applies and will be removed.
S730000F Special Area CP: building condition (3 and 5 yrs).
S730000G TP: no longer applies and will be removed.
S730000H AP: no longer applies and will be removed.
S730000J Any tenure: right to flow and passage of water (easement in gross). No longer applies to TP, AP, ATP or AAP, and will be removed.
S730000K Incomplete Purchases: preservation of timber.  No longer applies to TP, AP, ATP or AAP, and will be removed.
S730000L Any tenure: restrictions on building heights.  No longer applies to TP, AP, ATP or AAP, and will be removed.
S730000M Special Purchase: reclamation conditions.  No longer applies to TP, AP, ATP or AAP, and will be removed.
S750000A Any tenure: various conditions; subsidence.
S750000B Any tenure: reservation of minerals and public ways; State Bank charges.
S750000C Any tenure: reservation of minerals and public ways; special conditions; subsidence.
S750000D Any tenure: reservation of minerals and public ways; special conditions; subsidence; payment of purchase money.
S750000E Any tenure: reservation of minerals and public ways; special conditions; subsidence; State Bank charges.
S750000F Any tenure: reservation of minerals and public ways; special conditions; subsidence; payment of purchase money.
S750000G Any tenure: reservation of minerals and public ways; special conditions; subsidence; payment of purchase money.
T92000 SpL: standard conditions.
T116300 AP, AAP: truck stop/service station condition (2 yrs).
T116400 Permanent dedications for type of use.
T246000 AP, AAP: industrial development (5 yrs).
T254000 AP, AAP: commercial development (3 yrs); residential or other buildings as permitted by a Local Council (3 yrs).
T291000 AP, AAP: dwelling or Class "A" flat.
T291001 AP, AAP: residential Class "B" (3 yrs).
T304904 SpL in perpetuity: special conditions.
T371051 TP: industrial development.
T400947 Any tenure: maintenance of electricity transmission lines (easement in gross).
T411688 AP: business sites (3 yrs).
T411689 AP: medium density residential sites.
T617497 AAP: residential buildings.
T777041 AP, Special Area CP: consent to include easement and to insure buildings.
T777042 AP, AAP: business sites.
T889669 Any tenure: inter-allotment drainage easement.
V181562 SpL: removal of structures.
V183008 SpL: caravan park.
V194709 Any tenure: easement for drainage and road support.
V472375 PPL: special conditions.
V673895 PPL: special conditions.
V763567 Purchases: mining condition reservations and exceptions.
W1229 Special Purchase: reclamation condition.
W132576 PPL: specific conditions.
W181550 PPL: specific conditions.
Y757000 Aboriginal land: reservations and conditions; restrictions on dealings.

Mortgages

Mortgagee in possession of Crown land

A dealing by a person holding an estate or interest in a Crown land tenure as a mortgagee in possession may, for NSW LRS purposes, deal with the estate or interest in the same manner as prescribed for Real Property Act dealings.

Old System mortgages

Prior to 30.9.1980 there was no provision on conversion of a Crown land tenure to a folio of the Register to enter mortgages in the Second Schedule.  The folio created was issued in the name of the first mortgagee. After 30.9.1980 the folio created issued in the name of the first mortgagee only if the mortgage noted on the tenure card was not registered in the General Register of Deeds.  In either case the interest of the mortgagor was protected by a Q1 or numbered Registrar General's caveat recorded in the Second Schedule.  Second and subsequent mortgages registered in the General Register of Deeds and noted on the tenure card at the time of conversion were recorded in the Second Schedule.

Dealings by the mortgagor affecting a title with the mortgagee shown in the First Schedule cannot be registered until the mortgagor is placed in the First Schedule, ie by transfer by way of discharge of mortgage or by a Request form 11R pursuant to s39B Real Property Act 1900.

Permissive Occupancy Note

A Notation code NBC: "This Folio may be associated with a Crown Tenure which is subject to payment of annual rent.  For further details contact the local Crown Lands Office at [district]" will not prevent the registration of any deaings.

Profit à Prendre

Where the Forestry Commission of New South Wales wishes to retain a profit a prendre on conversion of a Conditional Lease (CL), Crown Lease (CnL), Prickly-pear Lease (PPL) or Special Lease (SpL) to a completed purchase or an Incomplete Purchase tenure, an Action Affecting Crown Land form 19MA will be lodged directing the entry of a notification:

"Right to Take Timber and Products (s25F Forestry Act 1916) until ..."

The profit a prendre expires ten years after the date of granting of the purchase and will be removed by the next dealing registered following expiry.  The profit a prendre may be cancelled at any time by a Request form 11R lodged by or on behalf of the Forestry Commission of New South Wales.

s8 Land Aggregation Tax Management Act 1971 (LATMA)

Any notification recorded on a folio of the Register referring to s8 Land Aggregation Tax Management Act 1971 will be removed on registration of a dealing.