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

Plan preparation

When preparing a new plan incorporating Crown land it is necessary to satisfy the following requirements:

  • if the plan creates new boundaries a subdivision certificate or an exemption may be required.
  • ensure the title system of the land is correctly stated. A thorough check of NSW LRS charting records should be made. It should be noted that a great deal of the land 'owned' by the Crown is held in the Torrens title system. For example, all Western Division Crown Leases have been converted to the Torrens system.
  • the consent of the Crown Lands, District Officer (or other authorised person) should be added to the relevant panel on the plan. If the land is under the control of a different Crown Authority the heading of the approval on the plan should be amended accordingly.
  • if affecting Crown Torrens Title, be signed by a delegate of the Minister for Lands - see Registered proprietors.
  • the signatures of affected parties for any Torrens title land in private ownership (including Perpetual Leasehold) should be added to the plan.
  • a draft title instruction CL45-11 form (PDF 407.2 KB)  should be supplied with all Crown Folio Creation plans (except those for road closure these should be accompanied by a completed CL45-36 form (PDF 402.7 KB).
  • all requirements for survey definition and plan preparation apply, and compiled plans should comply with the guidelines.
  • if Torrens title, the certificate of title should be produced.
  • the plan heading should accurately reflect the intention, e.g. Subdivision or Torrens Title issue etc.
  • section 88B instruments creating easements can be lodged as part of a Crown plan.

Note  Land held under Perpetual Leasehold cannot be consolidated with land held under fee simple.

Note  Plans with a dual purpose (ie a combination of Subdivision and New Road over Crown title land or closure of an existing Crown road), will require the consent of Crown Lands to be endorsed on the Administration Sheet. In these instances the CL45-11 or CL45-31 documentation should make reference to - 'Part Lot....DP....'.

Plan heading

The heading is an integral part of the plan and notwithstanding the information entered in the 'Office Use Only' panel sets out the legal declaration of the plans purpose. Consequently, the heading must accurately relate to the purpose of the plan.

Example for road closure plans

PLAN OF ........BEING ROAD TO BE CLOSED UNDER THE ROADS ACT 1993

or

PLAN OF PART OF CROWN STREET TO BE CLOSED ............... etc

Example for folio issue plans

PLAN OF ................... FOR TORRENS TITLE CREATION

or

PLAN OF SUBDIVISION OF LOT... DP......... FOR CROWN FIRST TITLE ISSUE

Section 88B instruments

A section 88B instrument creating easements may be completed and lodged as part of a Crown plan, where it intended to create the easement(s) on registration of the plan. A Section 88B Instrument can also be created using the s88B Form Builder through NSW LRS Connect, or by completing the Interactive s88b form and lodged as part of a Crown plan. Easements may be created on plans of:

 
  • Subdivision
  • Road Opening or Closure (where Crown First Titles will be created)
  • Redefinition
  • Easement/Restriction
  • First Title Issue, or
  • Any combination of the above, provided:
    • the plan and instrument are signed. This includes plans lodged on behalf of a government authority or corporation that would not be normally required to sign their plans, and
    • affected titles are produced.