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

Plan requirements

Although the plan is lodged on behalf of the Minister administering the Pipelines Act 1967, a pipeline plan is not a Crown plan. Provided the relevant statutory requirements are met, the plan may:

  • subdivide land

  • dedicate new road(s)

  • dedicate a temporary road

  • create drainage reserves

  • create public reserves

  • create easements and restrictions on use by section 88B instrument

  • extinguish existing easements

NOTE: Easements and restrictions on the use of land created by the pipeline plan may be subsequently extinguished or cease to have effect by Notice published by the Minister in the NSW Government Gazette, see section 21A Pipelines Act 1967. To record the removal of the easements and/or restrictions on use from the folio(s) of the Register a Request (Form 11R) accompanied by the Gazettal notification, must be lodged at NSW LRS.
 
The statutory requirements for a deposited plan apply, however, where any provisions of the Pipelines Regulation 2023 are inconsistent with either of the Conveyancing (General) Regulation 2018 or Real Property Regulation 2019, the Pipelines Regulation 2023 prevails.

A pipeline plan may comprise an unlimited number of plan sheets using Plan form 2. The plan must follow the guidelines set out in Schedule 2 of the Pipelines Regulation 2023. Plans can also be lodged on LRS Connect.

The information panel of each plan sheet must show:

  • a general description of the pipeline i.e. 'Proposed easement...'

  • the county, parish and local government area applicable to that plan sheet

  • the reduction ratio to which the sheet is drawn.

Each plan sheet defining the site of an easement must show a schedule of all titles to which that sheet relates (except tenures under the Mining Act 1992). The statement panel on the Administration Sheet:

  • must specify the easements intended to be acquired for the use of the pipeline

  • must not incorporate the text of the easements or specify parcels intended to be burdened or benefited

  • must have a statement from the surveyor in the form as follows:


I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE PIPELINES REGULATION 2023
 

NOTE: NSW LRS will inform the Minister (in writing) of the registration of the plan and recording of instruments.

Subdivision in a pipeline plan

Similar to other plans of subdivision, where a pipeline plan intends to acquire part of a parcel, the residue of the parcel must be shown as a separate lot in the plan.

Sheets of the plan of subdivision must show in that part of the information panel reserved for land:

  • a description of the land including title references
  • the affected local government area
  • the nature of any apparatus or works to be undertaken on the land.

The following parcels of land must be distinguished with a heavier outline:

  • lots of a proposed subdivision (including new roads)

  • parcels of land and sites of easements that are vested or to be vested in the applicant and proposed to be used for the purpose of the pipeline.

Statements dedicating road, temporary road, public reserves, drainage reserves or creating easements and restrictions by section 88B instrument are endorsed in the panel on the Administration Sheet in the usual manner.

Accompanying instruments

Each sheet of the instrument accompanying the plan should be prepared in accordance with Form 2 set out in Schedule 1 of Pipelines Regulation 2023.

NOTE: For statutory terms for 'Easement for Pipeline' see Form 3 and 'Easement for Access' see Form 4 as set out in Schedule 1 of Pipelines Regulation 2023.

Signatures on pipeline plans

The Administration Sheet must be signed by all parties in accordance with section 195D Conveyancing Act 1919.
If the plan subdivides a parcel of land then the Administration Sheet must include a Subdivision Certificate signed by the appropriate consent authority.

Each plan sheet must be signed by the surveyor.

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

 

Publish date: August 2024