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

Crown plans

Crown Land is land owned by the government on behalf of the people of NSW and is under the care and control of the Minister for Lands. The Minister is empowered to grant or otherwise dispose of Crown land or set it aside for special purposes.

Dealings with Crown Land only to be dealt with under the Crown Lands Act 1989 or the Crown Lands (Continued Tenures) Act 1989 (see s.6 Crown Lands Act 1989). These Acts supersede all other Crown Acts.

Following publication of a notice in the Government Gazette and receipt in NSW LRS of suitable documentation (CL45-11 or similar) signed by an authorsied officer of Crown Lands, a 'first title' may be issued in the name of 'The State of New South Wales'. The land will then be dealt with under the Real Property Act 1900 and may be transferred or leased to private persons in the ususal manner.

A new deposited plan must be prepared to define these new parcels of land.

Crown land 

Land held by the Crown or a Crown Authority under any title system, whether Torrens title, Old System or Crown title.

Crown title 

Land unalienated by the Crown. Excludes land held under Old System title (pursuant to a gazette notification or conveyance) or Torrens title.

Unalienated Crown land 

Land under Crown title not yet set aside by the Crown for a public purpose, Crown lease tenure or sold to the public.

Types of Crown plan include crown folio creation plans, subdivision of a perpetual lease, western lands leases, creation of new crown road and easements affecting crown land.

 

Plan preparation a new plan incorporating Crown land must satisfy specified requirements.

 

lodgment in NSW LRS Crown plans intended to be registered in NSW LRS may be lodged manually or via eplan.

 

Crown tenures affecting new plans includes perpetual leashold, incomplete purchase and restriction on subdvision.

 

Crown road enclosure plans NSW LRS has implemented a policy of converting to Torrens Title those Crown roads that are subject to a current Enclosure Permit.

 

For more information for Plans and Titling contact plan-info@nswlrs.com.au

 

Go to NSW Legislation website www.legislation.nsw.gov.au/