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

Wind Farms

This guideline deals with the requirements for the Wind Farm leases.

A separate guideline is available for Renewable Energy Leases (which includes Solar Farms, Battery Storage Power Stations/Sites and Rooftop Solar Farms).

A Wind Farm is an electricity generation plant comprising of a series of 'windmill' towers supporting turbines which are driven by large revolving propeller blades powered by the wind (Wind Turbine Generators or WTGs). The power authority/operator will lease the site of the WTGs (and may create associated easements for the benefit of the leased sites) from the proprietors of the affected land. Due to the size and number of WTGs required to generate sufficient electricity, a Wind Farm usually extends over many adjoining properties (e.g. along several kilometres of ridge line), each of which requires a separate lease where the adjoining properties are in different ownership.
 
To ensure that the WTG always faces into the wind, the turbine and the attached blades can be rotated in any direction. Consequently, a circular site affected by blade overhang surrounds each tower. Easements for access and services (including electricity) and restrictions on the use of land may also be required.  

NSW LRS requirements

A lease of a Wind Farm site will be treated as a lease of premises. Regardless of the term, the description in the lease must refer to:

'Part [title reference] being the premises known as Wind Turbine Generator No(s)…, or Windmill Tower No(s)…, or Windmill No(s)…, or Turbine No(s)…, or Tower No(s)... designated … in DP… together with Easements for… designated… in DP…’

NOTE: Easements/Restriction(s) may be defined in the lease plan or a separate Deposited Plan. If the affecting interests are shown on a separate plan, then that separate plan should be referred to in the description of the lease.

In addition to WTGs premises, the description can also include associated premises such as monitoring towers, substations, switchyards, laydown areas, construction compounds and operations and maintenance facilities.

As the registered survey plan defines premises (being the radius around a defined centre point, within which the WTG tower and blades are accommodated together with any associated premises), it will not constitute a 'current plan' within the meaning of section 7A Conveyancing Act 1919 and therefore will not require subdivision consent as this is one of the exemptions under section 23G Conveyancing Act 1919. Each WTG site will not be numbered as a lot but should be shown as ‘Wind Turbine Generator No(s)…’ or ‘Windmill Tower No(s)…’ or ‘Windmill No(s)…’ or 'Turbine No(s)…’ or 'Tower No(s)....' in accordance with the description in the lease.

Easements that benefit a lease affecting land not owned by the lessor (for example, extensive rights of access through adjoining properties) may also be shown as 'proposed' on the deposited plans and can be created by the lodgment of a Transfer Granting Easement form 01TG. The description of the dominant tenement should include the registered dealing number of the WTG premises lease and the titles that the lease affects (or is intended to be affected). In these instances, the easement will operate only for the term of the lease and will be extinguished by NSW LRS on the termination of the lease from the affected title/s.

Rights may also be created in the lease to ensure the 'free passage of air’ and may extend over the entirety of the remainder of the affected land.

Definition on the plan

The position of every WTG premises must be defined in a plan of survey lodged as a deposited plan and headed 'Plan for lease purposes of Wind Farm'. The deposited plan locates each of the premises on a centreline traverse connected at each end to the parcel boundaries. The centre and whole site of each premises must be defined by a suitable reference mark, peg or accurate MGA Co-ordinates and each leased area must be labelled by the unique identity, e.g. ‘Wind Turbine Generator No(s)…’ or ‘Windmill Tower No(s)…’ or ‘Windmill No(s)…’ or ‘Turbine No(s)…’ or ‘Tower No(s)…’ in accordance with the description in the lease.

The plan should also show the sites of any rights associated with the lease (for example, easements for access and services (including electricity). The easements should be shown as 'proposed' on the face of the plan and will be created on registration of the lease where the lease so provides or by Transfer Granting Easement form 01TG. Where created by Transfer Granting Easement, the description of the dominant tenement should be the registered dealing reference of the WTG premises lease and the titles that the lease affects (or is intended to be affected). In these instances, the easement will operate only for the term of the lease and will be extinguished by NSW LRS on the termination of the lease from the affected title.

The sites of the easements may be defined as a set width on either side of the centreline traverse or by a full survey of all boundaries.

If the towers have not yet been constructed at the date of survey the position of each future tower along the 'centreline' must be suitably marked by a reference mark.

The terminals of the proposed new leased boundaries and/or each separate lease site must be marked with a reference mark (Schedule 3 Surveying and Spatial Information Regulation 2017). The leased site(s) must be connected to the State control survey and the normal requirements for connections to permanent survey marks apply as per Surveying and Spatial Information Regulation 2017 (including Co-ordinate Schedule, datum etc.).

Any subsequent variation(s) to the leased site position after registration of the lease, will necessitate the lodgment of a Surrender of Lease form 07DL, a new Lease for the premises and a new plan of survey lodged as a deposited plan.

To vary the site of the easement created by the lease or by a Transfer Granting Easement form 01TG, a Variation of Easement form 20EV should be lodged.

NOTE: If the WTG premises is a revised radius (positioned over the previously defined centre point), a compiled plan will be acceptable.

Example of a Wind Farm


For example of a Wind Farm, see DP1240064, a partial extract of which is provided below. A copy of DP1240064 may be obtained via an information broker if more detail is required.

 

wind-farm-example-(1).png

Click on plan image to enlarge
 

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

Publication Date: May 2024