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

Licence

ADIS Code - LIC

A licence gives a party the right to perform specific actions that would normally be prohibited, e.g. the right to enter land under conditions that would otherwise be a trespass.

A licence affecting land does not receive the statutory protection of security of tenure granted to a lessee of a lease.

Lodgment requirements

Stamp duty - Required if the arrangement affects land.  Required if land is affected and the licence is dated prior to 1-1-2008 (not required if such licence is dated on or after 1-1-2008).  Must be marked if not clear.

If not marked, Registration insisted upon is prohibited.

Not required if the arrangement does not affect land.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party  - Must be completed.

(B) Instrument - Licence

(C) Locality - The situation of the land if affected.

Link Conveyance - For the Old System land if affected.

Principal Deed - Not required.

(D) Indexing - The licensor and the licencee.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the parties involved are required.  Advise the lodging party of any discrepancies in names. 

Operative clause:  "... hereby licenses ...".

Term etc:  the term, dates and description are given a cursory check and any discrepancies are brought to the attention of the lodging party.

Locality:  required if land is affected.  The situation of the land.

Land Description:  required.  Determine if the affected land is Old System or other (see IPF).  Where Old System land is affected it must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required if Old System land is affected.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Execution:  by the licensor.  A power of attorney must to be registered if land is affected.  The licensee does not have to sign.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

A licence affecting land that does not have a Link Conveyance in the form of a Book and No. must be entered with a Noting: "Licence affecting [land description and manner of acquisition]".

If after indicating any anomaly, registration of the licence is required, indicate"Registration Insisted Upon"and include the reason.

Noting    Required where the licence affects part of the land, an interest/share, includes a plan, or Torrens Title land.

CA    Not required.

Indexing

Locality:  required if land is affected.  The situation of the land.

Link Conveyance:  required if Old System land is affected.  The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed:  nil.

Noting:  "Affecting [description of the assets]".

For a Vodafone licence: "Licence for [type of licence and what it permits] at [address] known as BTS Site No. [number found on plan] [Suburb] see plan attached".

If Old System land is affected and:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:

If Old System land is not affected:  the licensee and licensor, deceased estates or trusts, and any variations thereof.

If Old System land is affected:  the licensor, deceased estates or trusts, and any variations thereof.

P:

If Old System land is not affected:  nil.

If Old System land is affected:  the licensee, decease deceased estates or trusts, and any variations thereof.