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

Airport sites

Country airports are usually owned by the local council. Airports in cities or major regional centres usually stand in the name of the Commonwealth of Australia, however, some airports have been transferred or leased to private ownership. Parcels of land are typically leased for hangars, cargo areas, machinery sheds, navigation beacons and many other purposes. Leases can also be created for the airport terminals but the shops and restaurants within the terminals are usually leased as premises.

Airport lease sites are generally complex due to the number and variety of leases affecting the land, however, the normal procedures for a plan for lease purposes still apply, as set out below.

Leases of land for a term of five years or less

Unless the site to be leased complies with the guidelines for compiled plans (See requirements for plans annexed to dealings) a plan of survey must be prepared defining the boundaries of the area intended to be leased. In this case, the plan of survey must be lodged as a deposited plan for lease purposes. As the overall parcel comprising the airport will be large, sufficient connections must be shown to tie the leased area into the parcel boundaries.
In addition:

  • a residue lot is not shown

  • fees are payable for a deposited plan or a plan annexed to a dealing. Fee information can be found here

  • a Subdivision Certificate is not required

  • the signatures of all parties affected by the new lease (including any lessees or sub lessees) are required.

A compiled plan for lease purposes (for a total term, including any option, of five years or less) that meets the guidelines for compiled plans may be lodged either as a deposited plan or as an A4 sketch plan annexed to the lease. See Schedules 4, 5 and 7 of the Lodgment Rules.

In the case of an airport owned by a local council, the plan need not be signed under seal, but must be endorsed by an authorised officer of the council. The lease document will be the prime instrument and must be signed by the council appropriately. See further information on council executions. 

 
Leases of land for a term greater than five years

Leases of land with a term (including any option) greater than five years constitute a subdivision pursuant to section 6.2 Environmental Planning and Assessment Act 1979. Consequently, deposited plans lodged to define these leases must comply with all the usual requirements for a deposited plan of subdivision, including:

  • full survey of the lots intended to be leased plus a lot for the remainder of the parcel. This residue lot may be compiled.

  • bear a completed Subdivision Certificate, or include an appropriate statement of exemption. See plans exempt from a Subdivision Certificate for more information on claiming an exemption.

  • be signed by all affected parties of the subdivided parcel, including any lessees and sublessees.

NOTE: On registration of the plan, new folios of the Register will be created for every lot. Any subsequent leases in relation to the same folios will then be prepared using the new folio identifiers.

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

Publish date: October 2023