Road dedication
In accordance with section 195C(1)(d)(i) Conveyancing Act 1919, any plan intending to create new roads, road widening or pathways (and which is subject to subdivision consent by a certified authority) must include a statement of intention to dedicate the new road to the public in the appropriate panel on the Administration Sheet. An example is shown below:
IT IS INTENDED TO DEDICATE JOHN ROAD, THE PATHWAY 3 WIDE AND THE ROAD WIDENING TO THE PUBLIC AS PUBLIC ROAD
Where the road being dedicated is temporary road, specific mention of that fact will be included in the statement:
LOT ... IS INTENDED TO BE DEDICATED TO THE PUBLIC AS TEMPORARY ROAD
Where the land burdened by a subsisting easement (not intended to be released) is being dedicated as public road, the statement of dedication should be suitably qualified:
IT IS INTENDED TO DEDICATE JOHN ROAD TO THE PUBLIC AS PUBLIC ROAD, SUBJECT TO THE EASEMENT FOR TRANSMISSION LINE 20.115 WIDE CREATED BY DP801234
Road proclamation
A plan by council showing road to be created in the future by proclamation in the Government Gazette must show the proposed road as a lot in the plan and include a statement indicating the intention in the panel on the Administration Sheet. See below:
PURSUANT TO SECTION 10 ROADS ACT 1993 IT IS INTENDED TO PROCLAIM LOT 2 (JOHN ROAD) AS PUBLIC ROAD
Prior to the proclamation of the new Roads Act 1993, it was the practice of NSW LRS to show new roads in plans prepared by the Housing Commission (now Housing NSW) as roads, (i.e. not as lots) with Housing NSW dedicating to the public by means of a subsequent notice in the Government Gazette.
Public Reserves and Drainage Reserves
In accordance with section 195C(1)(d)(ii) Conveyancing Act 1919, any plan intending to create public reserves and/or drainage reserves must include a statement in the panel on the plan in the Administration Sheet, as shown below:
IT IS INTENDED TO CREATE LOT .... AS A PUBLIC/DRAINAGE RESERVE
Easements
Any plan which, upon registration, intends to create easements, restrictions on the use of land, or positive covenants under section 88B Conveyancing Act 1919 must include a statement of intention to create each easement or restriction in the appropriate panel on the Administration Sheet of the plan (see section 88B(2)(a-d)). An example is shown below:
PURSUANT TO SECTION 88B CONVEYANCING ACT 1919, IT IS INTENDED TO CREATE:
1. EASEMENT TO DRAIN WATER 3 WIDE
2. RESTRICTION ON THE USE OF LAND
3. POSITIVE COVENANT
4. EASEMENT TO DRAIN WATER OVER EXISTING LINE OF PIPES
Any plan which, upon registration, intends to release easements, under section 88B Conveyancing Act 1919 must include a statement of intention to release each easement in the appropriate panel on the Administration Sheet of the plan (see section 88B(2)(c1)), as shown below:
PURSUANT TO SECTION 88B CONVEYANCING ACT 1919 IT IS INTENDED TO RELEASE:
1. RIGHT OF CARRIAGEWAY 20.115 WIDE (M123456)
A restriction on the use of land and/or a positive covenant cannot be released in Part 1A of a section 88B instrument. The appropriate Real Property Act dealing form will need to be lodged to release the covenant(s).
Acquisition or resumption
Any plan lodged by, or on behalf of a prescribed authority for acquisition purposes, must include a statement in the appropriate panel of the Administration Sheet specifying the lot intended to be acquired. For example:
IT IS INTENDED TO ACQUIRE LOT .... FOR TELECOMMUNICATIONS PURPOSES
Any easement plan lodged by, or on behalf of a prescribed authority for resumption purposes, must include a statement in the appropriate panel of the Administration Sheet, as follows:
IT IS INTENDED TO ACQUIRE AN EASEMENT/RIGHT....
Transport for NSW (formerly Roads and Maritime Services)
Any plan lodged by, or on behalf of Transport for NSW (formerly Roads and Maritime Services and its predecessors) defining the boundaries of future roads, road-widening or motorways must include a statement in the appropriate panel of the Administration Sheet setting out the intention with regards to each lot in the plan. In the case of a plan of proposed motorway, a statement should also be added indicating that the land is to be acquired for that purpose and that access across specified boundaries will be denied. For example:
LOTS 1 TO 14 INCLUSIVE ARE REQUIRED FOR ROAD WIDENING AND AFTER ACQUISITION WILL ULTIMATELY BE DECLARED PUBLIC ROAD
LOTS 23 TO 26 INCLUSIVE ARE REQUIRED FOR ROAD AND AFTER ACQUISITION AND REMOVAL OF IMPROVEMENTS WILL ULTIMATELY BE DECLARED PUBLIC ROAD
LOT 15 IS PART OF ROAD IN USE WHICH WILL BECOME UNNECESSARY AND WILL BE DISPOSED OF
Coal definition
The NSW Coal Compensation Board was required to lodge plans and have titles created for coal in an estate in fee simple (see section 4(3) Coal Ownership (Restitution) Act 1990). A coal definition statement was included within the plan drawing area of the plan, as follows:
LOT 1 IS LIMITED TO COAL
THIS PLAN HAS BEEN PREPARED BY THE NSW COAL COMPENSATION BOARD TO FACILITATE THE CREATION OF A TORRENS TITLE FOR COAL OWNERSHIP PURSUANT TO THE COAL OWNERSHIP (RESTITUTION) ACT 1990
Any such plans would now need to be signed by the Delegate of the Minister of the Department of Planning, Industry and Environment (as the NSW Coal Compensation Board was abolished by the Coal Acquisition Legislation Repeal Act 2007).
Riparian and tidal boundary consents
Mean High Water Mark (MHWM)
The definition of the MHWM will require the consent of the adjoining authority (Crown Lands, Transport for NSW (formerly Roads and Maritime Services and its predecessors) or other prescribed authority) to be endorsed on the Administration Sheet of the new plan in nearly every case. The provisions of the Coastal Management Act 2016 will also apply wherever the new definition makes a claim of accretion to the adjoining parcel.
For more information and examples of the appropriate consent statements to be shown on the plan see Accretion and erosion, Tidal boundaries and Approvals and consents to natural boundaries.
Non-tidal rivers and streams
Any new plan that re-defines the bank of a river or stream in a substantially different position to that shown on the last plan of survey will generally require the consent of Crown Lands or other adjoining owner as appropriate. For requirements and form of the consent see Accretion and erosion, Non-tidal boundaries and Approvals and consents to natural boundaries.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/