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


General principles relating to legislative base for roads, road authorities and classification of roads.


Existing roads in deposited plans every deposited plan of survey must contain sufficient information to indicate that the external boundaries have properly re-established the frontage of adjoining roads.


Opening new public road a public road may only be opened in accordance with provisions of the Roads Act 1993 or some other Act.


Acquisitions for road purposes the Minister, the Roads and Maritime Services (RMS) or local councils may acquire land.


New roads created in a deposited plan on registration in NSW LRS of a plan of road or plan of subdivision creating a new road, road-widening or a pathway, the land is deemed to be opened public road.


Proposed road widening a roads authority may submit to the Minister a plan for the proposed widening of a public road.


Temporary and isolated roads an isolated road in a new plan must be connected to the legal public roads system by means of a temporary road.


Crown roads include portion roads, reserved roads, severed land and other roads vested in the name of The State of New South Wales.


Leases affecting roads a roads authority may lease whole or part of a public road to the owner or lessee of land adjoining the public road.


Minerals under roads the owner of land through which a public road has been opened usually retains the ownership of any minerals unless the minerals are specifically included in the road acquisition.


Closing roads applications to close a public road (other than a freeway) must be lodged with Crown Lands.



For more information for Plans and Titling contact plan-info@nswlrs.com.au


Go to NSW Legislation website www.legislation.nsw.gov.au/