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

Positive covenant for bushfire hazard reduction zone

A positive covenant may be created in a Section 88B Instrument requiring the proprietors of one or more specified parcels to clear and maintain a strip of land as a bushfire hazard protection zone on land adjoining one of the boundaries of their land. The zone will usually be shown as a designated site on the face of the plan but may also be simply defined by description in the terms of the positive covenant, e.g.:

'over the strip of land 30m wide adjoining the western boundary of the subject land'

As the notification relating to the positive covenant will be entered on the titles for the burdened lots set out in the instrument, the actual site of the Bushfire Hazard Reduction Zone can be located on Torrens, Old System or Crown Title land.

The benefit of the positive covenant will be given to a prescribed authority - the local council or other statutory body. The Section 88B Instrument must be signed by that prescribed authority in the usual manner.