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

Leases affecting Crown land

Perpetual lease subdivisions

A Crown land tenure perpetual lease may be subdivided into new perpetual leasehold estates. The land affected must be defined as lots in a deposited plan of survey lodged by Crown Lands. See Restrictions on subdivision page

Western Lands leases (WLL)

Comprising 42 per cent of New South Wales, the Western Division is mainly held under leases granted by the Crown pursuant to the Western Lands Act 1901. This Act seeks to promote the careful economic development of the Divisions fragile land resource. It achieves this by the imposition of controls on grazing, cropping and clearing.

The Local Government Act 1993 does not apply to the unincorporated areas of the Western Division ie the parts not within a local government area see s.5 of that Act. Subdivision consent and building controls are vested in the Western Lands Commissioner and the Minister responsible for the Western Lands Act 1901. See also Plans requiring a subdivision certificate page.

Note  Freehold Torrens title within the Western Division is treated identically to that in the Eastern and Central Division of NSW.

Surrender or subdivision of a Western Lands lease

A plan showing the proposed subdivision must be lodged for registration as a deposited plan in NSW LRS. Due to the very large areas of the parcels, the survey is usually limited to the part being surrendered or any new subdivision line. The residue of the parcel should be compiled. The extent of the survey will be a requirement of the Far West Region Office, Crown Lands. Subdivision consent is not required. All other plan requirements apply.

Title creation for new Western Lands leases

Separate applications must be lodged in NSW LRS for the new perpetual WLL and the remaining term WLL (the residue of the original lease after the creation of the new lease). A copy of the notice of surrender as published in the government gazette must accompany the application and must make reference to the remainder of the term lease. A copy of the government gazette notice of the granting of the new perpetual WLL must accompany the application for the new lease. Both applications must refer to the new deposited plan.

Land in these leases forms part of the National Park set aside by Act of Parliament or through notice in the Government Gazette.