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

Permanent survey marks

A permanent survey mark by definition means a survey mark of the kind referred to in Schedule 4 Surveying and Spatial Information Regulation 2017.

Permanent survey marks must be connected to or placed and connected to in every survey plan in accordance with clauses 41, 42 and 43 of the Surveying and Spatial Information Regulation 2017. 

The position of these marks must be shown on the plan of survey by using the symbol shown in Schedule 5 Surveying and Spatial Information Regulation 2017. It should be noted that trigonometrical stations have a unique symbol.

All permanent survey marks relevant to the survey must be shown on the face of the plan and included in a schedule of co-ordinates.

Surveys defining lots and roads

Clause 41 Surveying and Spatial Information Regulation 2017 requires that a survey that redefines or creates parcels of land must be related to no fewer than:

  • 1 to 10 parcels – two permanent survey marks

  • 11 to 20 parcels – three permanent survey marks

  • more than 20 parcels – four permanent survey marks (plus one extra mark for each 20 parcels, or part thereof, exceeding 40 parcels.

Further:

  • no more than two permanent survey marks existing at the time of survey may be included in the total number of marks as set out above

  • a survey that redefines the frontage of a formed road or is creating a new road must be related to at least two permanent survey marks for each interval of 1,000 metres (urban survey) or 2,000 metres (rural survey) along the road frontage.

Affecting interests

An affecting interest means an easement, restriction on the use of land, positive covenant or profit à prendre. A survey for the purpose of creating an affecting interest which exceeds 200 metres must have two or more permanent survey marks for each interval of 2,000 metres (urban surveys) or 4,000 metres (rural surveys) see clause 41(4) Surveying and Spatial Information Regulation 2017.

A survey for the purpose of creating an affecting interest that does not exceed 200 metres must, if permanent marks are available within 300 metres of the site, connect to two of those marks.

Connecting to permanent survey marks

Clause 42 Surveying and Spatial Information Regulation 2017 requires that the permanent survey marks referred to above must each be connected by direct lines to separate corners of the land surveyed.

The connection must not exceed:

  • 500 metres for an urban survey or
  • 1,000 metres for a rural survey.

All permanent survey marks, other than those used exclusively for height purpose in accordance with clause 13 Surveying and Spatial Information Regulation 2017 must be proved by closed survey and shown on the plan.

New permanent survey marks

New permanent survey marks should meet the requirements of clause 43 Surveying and Spatial Information Regulation 2017.

If any 2 of the permanent survey marks connected to in an urban survey have accurate AHD values, an AHD value must be determined to a minimum accuracy of Class “B” or Class ”LD” for all permanent survey marks placed. The determined values must be verified by closed height difference between 2 permanent survey marks with accurate AHD values.

Approved schedules

Section 3.31 of Surveyor-General’s Direction No.7 contains detailed requirements regarding the format and use of approved schedules.

The format of the approved co-ordinate, height difference and height schedules must be adhered to; use of schedules that are not of the same format as those that are approved will attract a requisition upon lodgement of the survey plan.

NOTE: Any approved schedules required to be shown on the survey plan must not make reference to clause numbers of the Surveying and Spatial Information Regulation 2017 within those schedules. 

Co-ordinates schedule

All MGA co-ordinates shown on the plan must be provided in an approved schedule as required by clause 70 Surveying and Spatial Information Regulation 2017. The format of the approved schedule is provided in section 3.31.2 Surveyor General's Direction No.7.

Height difference schedule

If a survey plan is required to show height values, as determined under clauses 13 or 43(2) Surveying and Spatial Information Regulation 2017 for bench marks or permanent survey mark, it must also include an approved height difference schedule as required by clause 69 Surveying and Spatial Information Regulation 2017. The format of the approved schedule is provided in section 3.31.1.1 Surveyor General's Direction No.7.

Height schedule

If a plan is required to show height values, as determined under clauses 13 or 43(2) Surveying and Spatial Information Regulation 2017 for bench marks or permanent survey marks, it must include an approved height schedule as required by clause 71 Surveying and Spatial Information Regulation 2017. The format of the approved schedule is provided in section 3.31.1.2 Surveyor General's Direction No.7.

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