ADIS Code - G
A proposal to resume or acquire land or an easement by a prescribed authority is not the actual resumption or acquisition and does not vest the land or easement in the name of the prescribed authority. Registration places the proposed acquisition/resumption on public record.
For the purposes of this manual the terms "acquisition" and "resumption" have the same meaning. See:
- s11 Land Acquisition (Just Terms Compensation) Act 1991
- s22 Lands Acquisition Act 1989 (Commonwealth)
- s185 or Part12 Division 2 Roads Act 1993.
See definitions of acquisition and resumption page and amendment or withdrawal of a proposed acquisition or resumption page.
A pre-acquisition declaration is similar to a proposed acquisition.
Lodgment requirements
Stamp duty - Not required.
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 - General Register - Deed/Instrument
(C) Locality - Required. The situation of the land or easement.
Link Conveyance - For the Old System land if affected.
Principal Deed - The affected easement if registered.
(D) Indexing - The proprietor of the land/easement and the resuming authority.
(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 proprietor of the land or easement and the prescribed authority are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... proposed acquisition/resumption ...".
Locality: required. The situation of the land.
Land Description: required. Determine if the affected land is Old System or other (see IPF). The Old System land 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.
Principal Deed: if registered, the number of the affected easement as stated in the proposed acquisition or resumption must be identical to the number stated on the IPF.
Execution: by the prescribed authority. A power of attorney must be registered. The proprietor of the land or easement does not have to sign.
Attestation: not required.
IPF: must be completed.
Staff processing information
A proposed acquisition affecting land that does not have a Link Conveyance in the form of a Book and No. must be entered with a Noting: "Proposed acquisition affecting [land description and manner of acquisition]".
CA Not required.
Indexing
Locality: required. The situation of the land or easement.
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: if registered, the affected easement.
Noting: "Proposed [acquisition/resumption] pursuant to [relevant legislation] affecting [description of land/easement]".
For a pre-acquisition declaration: "Pre-acquisition declaration pursuant to [relevant legislation] affecting [description of land/easement]".
If Old System land is affected and:
- part of the land, state: "part being [affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the proprietor of the land or easement and the prescribed authority, deceased estates or trusts, and any variations thereof. Crown land will be indexed under "State of New South Wales".
P: nil.