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

Cadastral definition by coordinate

In certain circumstances survey plans may be prepared where the surveyed boundaries are defined by co-ordinates. Such plans are uncommon and considered special cases. Typically, the co-ordinates are derived using approved Global Navigation Satellite System (GNSS) method/s. Definition of cadastral boundaries by co-ordinates is especially useful in the case of large projects where the cost of a standard survey would be prohibitive or where the location is in an area where no survey marks are available. Examples include plans that define long stretches of road through Crown land (e.g. Western Lands Division, the Alpine Way through Kosciuszko National Park) or plans that define parcels in previously unsurveyed lease areas (e.g. Residential settlement leases in Lightning Ridge opal field).

As survey plans defining boundaries solely by co-ordinates will not comply with the Real Property Act 1900, Conveyancing Act 1919 & Surveying and Spatial Information Act 2002 (especially as regards complete dimensions and the placement of survey marks), obtaining both an approval from the Registrar General and an exemption from the Surveyor General is required prior to lodgment of the survey plan; it is recommended that both approvals be obtained prior to commencement of the survey.

Co-ordinates used to define the boundaries must be derived using method/s and be related to a map projection as approved by the Surveyor General. Currently the approved map projection is the Map Grid of Australia 2020 (MGA2020).
 

Plan requirements

Survey plans using MGA2020 co-ordinates to define cadastral boundaries may, in certain circumstances, be accepted by NSW LRS provided:

  • a specific approval (as above) has been obtained from the Registrar General prior to lodgment of the plan. This approval will only be given when the survey is:

    • of an extensive nature, and

    • normal methods to define the boundaries would be impossible or impractical.

  • an exemption approval has been obtained from the Surveyor General (as above), prior to the lodgment of the survey plan, for clauses of the Surveying and Spatial Information Regulation 2017 that will not be complied with. Typically, such an exemption will exempt the surveyor from placing survey marks at boundary corners. Exemptions can be requested from the Cadastral Management Unit, in the Office of the Surveyor General via the DCS Spatial Services’ website.

  • if an approved GNSS method/s is used, that method/s complies with the usage specifications for those GNSS method/s detailed in Surveyor General's Direction No.9

  • realisation of the datum for the MGA2020 co-ordinates must be by adoption of, at a minimum, three primary control marks that bracket the survey extents with those marks being either:

    • established survey marks or

    • permanent survey marks with the adopted MGA2020 co-ordinates determined using an approved GNSS method where the co-ordinates so determined have an accuracy of Class “D” or better.

  • realisation and validation of the survey plan datum for future survey work must be shown on the plan.

  • sufficient permanent survey marks must be placed, or connected to, throughout the survey at intervals and locations that comply with the Surveying and Spatial Information Regulation 2017.

  • MGA2020 co-ordinates of all permanent survey marks are shown on the survey plan in an approved co-ordinate schedule as shown in section 3.31.2 of Surveyor-General’s Direction No. 7  

  • MGA2020 co-ordinates of all cadastral boundary corners are shown on the survey plan in a schedule:

  • a title should be added to the schedule that clearly indicates that the MGA2020 co-ordinates within the schedule define the position of the corners. See example below.

Example:     MGA2020 CO-ORDINATES SHOWN IN THIS SCHEDULE
 REPRESENT THE PARCEL CORNERS

  •  

    • the schedule must include the type of survey mark (other than a peg) placed at the corner (if applicable).
    • those corners that have been marked are shown on the survey plan with a single circle as per Schedule 5 of the Surveying and Spatial Information Regulation 2017.
  • ·       All MGA2020 co-ordinates shown on the survey plan are related to the same MGA projection zone.
    • If a minority of MGA2020 co-ordinates for a survey plan are in an adjoining MGA projection zone and wholly within the 0.5-degree zone overlap, that minority may be expressed in the same projection zone that comprises the majority of the MGA2020 co-ordinates.
       
    • If a survey consists of MGA2020 co-ordinates in different MGA projection zones outside the 0.5-degree zone overlaps, then that survey must comprise separate survey plans for each MGA projection zone.

  • an approved GNSS validation schedule (if applicable) as shown in section 3.29 of Surveyor-General’s Direction No. 7 is shown on the survey plan

  • a statement is added to the plan describing the approved method/s adopted throughout the survey. See the examples below:

Example 1: APPROVED METHOD USED IS 'STATIC POST-PROCESSED GNSS’

Example 2: APPROVED METHOD USED IS 'AERIAL PHOTOGRAMMETRY’

NOTE: New Certificates of Title will be created from these plans in the normal manner. In general, a Limitation notification will not be endorsed on the new titles, however, the Registrar General reserves the right to enter a Limitation notification where appropriate.

NOTE: THIS PAGE HAS BEEN PREPARED BY SPATIAL SERVICES  CADASTRAL MANAGEMENT UNIT.

ALL INQUIRIES REGARDING CONTENT AND COMPLIANCE ARE TO BE DIRECTED TO  SPATIAL SERVICES, email: CMU@customerservice.nsw.gov.au   

All NSW legislation can be accessed at www.legislation.nsw.gov.au/