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 in council ownership. 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 are 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 etc 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 plans of lease purposes still apply.

Leases of land for a term greater than five years

Leases of land with a term greater than five years constitute a 'subdivision' in terms of 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 sub-lessees.

Note  On registration of the plan, new folios of the register will be created for every lot. The subsequent lease will then be prepared in terms of the whole of the new parcel identity.

Leases of land for a term of five years or less

Unless the site to be leased complies with the Registrar General's guidelines for compiled plans, a plan of survey must be prepared defining the boundaries of the area intended to be leased.

This plan must be lodged in NSW LRS 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.

  • A residue lot is not shown.
  • Full fees are payable.
  • A subdivision certificate is not required.
  • The signatures of all parties affected by the new lease (including any lessees or sub-lessees) must be added to the plan.

A compiled plan for lease purposes (for a term of five years or less) that meets the Guidelines may be lodged either as a deposited plan or as an A4 sketch plan annexed to the lease.

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 council under seal.