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

Exemptions by Surveyor General

In accordance with clause 91 Surveying and Spatial Information Regulation 2017, the Surveyor General may exempt a plan from complying with a requirement of that regulation. The exemption may be granted in part or in full with or without conditions.

The survey must show the exemption number on the plan and administration sheet following the Surveyor’s Reference and a copy of the letter of exemption must be lodged with the plan.

Where conditions are imposed, the surveyor must also provide a report evidencing that the specific conditions have been complied with.

Application for exemption

Further details regarding exemptions can be found in section 3.34 and Appendix E Surveyor-General’s Direction No.7.

Policy 3 Exemptions

Item 3.34.3 Direction No.7 provides for an exemption from complying ith clauses 12(2)(a) and 12(3)(a) in accordance with “Policy 3”. This may be applied to a plan which satisfies certain criteria:

  • The registered base plan (dominant plan) must be on an MGA orientation derived from the connection to established survey marks
  • The subject plan must be of a minor nature and form part of the existing cadastre within the dominant plan

If these criteria are met the subject plan may adopt an MGA orientation by connecting to 3 unestablished Permanent Survey Marks shown in the dominant plan. This is an exemption to adopting an orientation from established marks which are within 300 metres (urban) or 1000 metres (rural) of the subject land.

If Policy 3 is to be invoked, the adopted datum line and verifying line connections must be shown on (not calculated from) the dominant plan. Bearing and distance comparisons with the dominant plan must be shown on the subject plan.

If a surveyor intends to apply this policy the notation “Exemption Policy 3” should appear after the surveyor’s reference on the plan and administration sheet.