Parcels of land may be dedicated as a public reserve by:
- the registration of a deposited plan bearing an appropriate statement creating a lot(s) as public reserve (see section 49(1) Local Government Act 1993). On registration, a folio of the Register is created in the name of the Council
- the publication of an appropriate notification in the Government Gazette vesting an existing parcel as public reserve (see section 50 Local Government Act 1993) or
- transfer or conveyance to a council for use as a public reserve (see section 49(1) Local Government Act 1993). See also Transfer for Public Reserve or Drainage Reserve form 01TD.
NOTE: For further information, please also see Drainage Reserves.
Deposited Plans registered prior to 16 June 1964
Prior to 16 June 1964 there was no provision for public reserves to be vested in council on registration of a deposited plan. Early deposited plans often include parcels denoted as 'public garden and recreation space', 'reserve for garden' or simply 'reserve', however these parcels were not created as public reserves on registration of the plan. A statement of creation was not endorsed on the plan and the fee of the parcel remained in the cancelled certificate of title under the name of the then registered proprietor(s). Similarly, reserves in plans subdividing Old System land were not created as public reserves on registration of the plan (see below for more information).
Public garden and recreation space
Section 340A Local Government Act 1919 (now repealed) provided that parcels shown as 'public garden and recreation space' (and no others) could be conveyed or transferred to the council as public reserve. The provisions of section 340A were carried over to section 50 Local Government Act 1993 and still enable a council to acquire title to 'public garden and recreation space' shown in a plan approved before 15 June 1964. The section provides that the council may either:
- direct that the parcel be transferred to the council (section 50(2)) or
- publish a notice in the Government Gazette notifying that the land is vested in its name (section 50(4)).
A new folio of the register in the name of the council will be created on lodgment and registration of a suitable Request form 11R prepared in terms of one of these options. A public reserve notification will be endorsed in the Second Schedule of the new folio. See also information under the heading “Notification in the Government Gazette” below.
Other reserves
Other reserves shown in old deposited plans e.g. 'reserve for garden', 'reserve' etc. are not covered by section 50 Local Government Act 1993. To create these parcels as public reserve, a notification should be published in the Government Gazette acquiring the parcels and vesting them in the council as public reserve.
NOTE: If a 'reserve' etc. is not defined as a lot in the old deposited plan, a new deposited plan of acquisition will be required to provide an identity for the 'reserve'.
Deposited plans registered from 16 June 1964
See also 'New plans affecting public reserves' below.
Plans affecting Torrens Title land
Section 340D Local Government Act 1919 (now repealed) commenced on 16 June 1964 and enabled a 'public reserve' to vest automatically in council upon registration of a deposited plan of subdivision provided the plan bears a statement (on the Administration Sheet) to that effect:
IT IS INTENDED TO DEDICATE LOT .... AS A PUBLIC RESERVE
The provisions of section 340D were carried over into sections 49(1) and (2) Local Government Act 1993. See also section 195C(1)(d)(ii) Conveyancing Act 1919.
The words 'Public Reserve' must be added to the relevant lot on the face of the plan.
A folio of the Register for the new public reserve lot is created in the name of the council. A 'KP' notification is entered in the Second Schedule:
THE LAND WITHIN DESCRIBED IS PUBLIC RESERVE
NOTE: Any public reserve folio of the Register bearing a 'K200000P Caveat' will have that notification replaced by a 'KP' notification (THE LAND WITHIN DESCRIBED IS PUBLIC RESERVE) when the next dealing/plan is lodged in NSW LRS.
There is no provision in the Local Government Act 1993 for the creation of a new public reserve in a deposited plan lodged for short term lease, acquisition or redefinition purposes.
NOTE: This procedure does not apply when the new deposited plan affects land subject to the Housing Act 2001 or the Landcom Corporation Act 2001. See ‘Plans affecting land in the name of the NSW Land and Housing Corporation or Landcom’ below.
Plans affecting the whole of an existing Torrens Title parcel
New deposited plans defining the entirety of an existing parcel of land and bearing a statement creating the parcel as public reserve may be registered in NSW LRS, provided:
- the plan bears a completed Subdivision Certificate and
- is signed by all affected parties.
See also section 195(1)(c) (under definition of ‘plan of subdivision’) Conveyancing Act 1919.
Plans affecting Old System land
New deposited plans affecting Old System land must be accompanied by either a Primary Application, Official Search application or a completed Statement of Title Particulars to convert the land to Torrens Title. The procedures set out above for the creation of a lot in the plan as public reserve will then apply.
NOTE: The new folio of the Register for the public reserve lot will issue free of a 'qualification' notification.
Plans affecting land in the name of the New South Wales Land and Housing Corporation or Landcom
New South Wales Land and Housing Corporation
Plans affecting land held in the name of the New South Wales Land and Housing Corporation (Torrens or Old System) do not on registration automatically create public reserves (or dedicate new roads as public roads). The new folio of the Register will be issued in the name of the corporation, not the council.
Section 34 Housing Act 2001 provides that the New South Wales Land and Housing Corporation can, by notification in the Government Gazette, dedicate a lot in a registered deposited plan as public reserve and vest that reserve in council. An Application to Record New Registered Proprietor form 04RP must be lodged to have the vesting recorded on the folio of the Register.
Landcom
Landcom was established as a State owned corporation under section 5 Landcom Corporation Act 2001 by vesting dated 1 January 2002. Any plans lodged by Landcom from 1 January 2002 must comply with the normal requirements for plans in regard to fees, signatures, approvals and consents.
There is no provision in the Landcom Corporation Act 2001 for parcels of land standing in the name of Landcom to be created as a public reserve.
Plans affecting Crown land
A public reserve cannot be created as a lot in a new deposited plan affecting Crown Title land. A CL45-11 form to create a First Title may stipulate that a new lot is to be created in the name of a local council but the parcel may only be created as a public reserve upon a notification of vesting being published in the Government Gazette.
All other Crown reserves from sale or lease for public recreation etc. are dedicated to the State of New South Wales by the publication of a notification in the Government Gazette and remain Crown Title land.
Notification in the Government Gazette
A council may dedicate an existing parcel of land as a public reserve in the Government Gazette in the following manner:
- Section 50(4) Local Government Act 1993 for public garden and recreation space before 15 June 1964 and drainage reserves after 24 November 1922 and before 15 June 1964 provided for in subdivisions an Application to Record New Registered Proprietor form 04RP pursuant to section 46C Real Property Act 1900 accompanied by the Government Gazette may be lodged to update the folio of the Register.
- Section 31 Local Government Act 1993: An Application to Record New Registered Proprietor form 04RP accompanied by evidence of classification pursuant to section 46C Real Property Act 1900 must be lodged to update the folio of the Register.
Actions affecting public reserves
From 16 June 1964 to 30 June 1993
The only dealings with public reserves permitted by the Local Government Act 1919 were leases, and sub-leases. However, the Registrar General also allowed registration over the title for a public reserve of:
- deposited plans for lease, resumption or exchange of land
- deposited plans dedicating part of the land as road and
- grants of easements in favour of statutory bodies.
From 1 July 1993
The Local Government Act 1993 provides a degree of flexibility for councils when dealing with public reserves that was unavailable under the Local Government Act 1919. The new provisions contain checks and balances to ensure that the public interest is protected. Sections 25 and 26 Local Government Act 1993 classify 'public land' (which includes a public reserve dedicated under either the 1919 Act or the 1993 Act) as either 'community land' or 'operational land'.
Community land ordinarily comprises land used as a public park (i.e. public reserve), public library etc. while operational land ordinarily comprises land held as a temporary asset or land which facilitates the functions of the council, such as a works depot or council garage. While operational land may be freely dealt with in the same manner as any other parcel, community land is subject to certain restrictions.
In respect of community land, section 45 Local Government Act 1993 provides:
- a council has no power to sell, exchange or otherwise dispose of community land unless the relevant provisions of the Act have been complied with
- a council may grant a lease or licence of community land, but only in accordance with section 46 and (if relevant) section 47 Local Government Act 1993.
NOTE: A council may not grant a lease or licence of community land for a term greater than 30 years. Where any lease or licence granted over community land for a period (inclusive of any option) exceeds 21 years, the consent of the Minister for Local Government is required (section 47(5)).
- a council may grant any other estate in community land only in accordance with a plan of management or other legislation that specifically permits such a grant.
Community land (such as a public reserve) may not be dedicated as a public road unless the road is necessary to enable the public to access the area of community land (or any facility constructed on that land) and the provision of the public road is expressly authorised in the relevant plan of management. However, an exception is provided for:
- widening of an existing public road
- other roadworks of a minor nature applying to an existing road and authorised by the plan of management or
- a road subject to an Order under Division 1 Part 5 Roads Act 1993. (section 47F(1) and (2) Local Government Act 1993)
Section 45(3) Local Government Act 1993 enables a council to adopt or amend a plan of management to authorise the grant of an easement or other interest over community land (such as a public reserve). However, public notice must be given of a council's intention to adopt or amend a plan of management.
Another method by which a council may remove the restrictions on dealings with a reserve is to re-classify the land (in whole or in part) from community to operational land. A council may reclassify land in accordance with the provisions of section 32, 33 and 34 Local Government Act 1993. Evidence of reclassification must be lodged with an Application to Record New Registered Proprietor form 04RP pursuant to section 46C to update the folio of the Register.
Reclassification is effected by:
- a resolution of council (after public notice is given of the proposal) or
- the preparation of a local environmental plan (which is preceded by a public hearing).
New plans affecting public reserves
Plans of subdivision
The plan must:
- be signed by council under seal or by delegation (signature of the General Manager or by an attorney under registered Power of Attorney)
- bear a completed Subdivision Certificate
- if new lots are to be dedicated as or remain public reserve, designate those lots as public reserve on the face of the plan and
- bear an appropriate statement of dedication (in the statements panel of the Administration Sheet) if extra land is to be dedicated as public reserve.
A plan subdividing a public reserve must be accompanied by a Request form 11R together with evidence from the council indicating that the new lot(s) intended for subsequent disposal has been reclassified as operational land in accordance with the provisions of section 30 Local Government Act 1993.
Alternatively, where it is intended that an existing public reserve is to become, or to be added to, a Crown reserve or land reserved or dedicated under the National Parks and Wildlife Act 1974, evidence to that effect should be supplied by the council (section 45(4) Local Government Act 1993).
NOTE 1: The new folio of the Register for the 'operational' lot will issue in the name of the council but free of a 'KP' notification (THE LAND WITHIN DESCRIBED IS PUBLIC RESERVE).
NOTE 2: Except when the land being subdivided already stands in the name of the council, all encumbrances including mortgages, lease, caveats etc. recorded on the subdivided title will not be carried forward onto the new folio of the Register for the public reserve. In all instances any affecting interests including easements will be recorded on the new folio of the Register.
Plans of easement
A plan creating a new easement over a public reserve must be accompanied by a Request form 11R with evidence from the council that the proposed easement is not prohibited under the provisions of sections 45-46A, 47 or 47A Local Government Act 1993. If the easement is to be created pursuant to section 88B Conveyancing Act 1919 the new plan must:
- be signed by council under seal or by delegation (signature of the General Manager or by a Power of Attorney) and
- bear an appropriate statement of creation of the easement(s) in the statements panel on the Administration Sheet.
NOTE: A plan defining the site of a proposed easement over a public reserve need not be accompanied by the evidence from council. This evidence should be lodged with the subsequent dealing creating the easement. Also see Dealings involving public reserves and drainage reserves page.
Plans creating new road or road widening
A plan affecting public reserve that creates new road or road widening must be accompanied by a letter from the council indicating that the proposed new road complies with section 47F Local Government Act 1993. The new plan must:
- be signed by council under seal or by delegation (signature of the general manager or by a Power of Attorney)
- bear a completed Subdivision Certificate.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Publication Date: June 2025