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

Acquisition by road authorities (not the Crown)

Road Authorities must lodge a deposited plan of survey of the proposed road with NSW LRS. The heading of the plan should be:

'PLAN OF LAND TO BE ACQUIRED FOR THE PURPOSES OF THE ROADS ACT 1993'.

A statement of intention in regard to each parcel to be acquired should be included in the statements panel on the Administration sheet of the plan. Examples of statements of intention are:

  • Lots 12 to 17 inclusive are required for road and after construction will be dedicated as public road under s.10 Roads Act 1993
  • Lots 7 to 11 inclusive are required for freeway under s.48 Roads Act 1993. Access will be denied across the boundaries marked A-B-C-D and E-F-G-H
  • Lots 18 and 19 are to be acquired and will ultimately be disposed of
  • Lots 4 to 6 inclusive are required for controlled access road under s.49 Roads Act 1993. Access will be denied across the boundaries marked A-B-C and D-E-F

Authorities may acquire the land by gazettal or transfer. A notification must be published in the Government Gazette to:

  • acquire the land
  • acquire and dedicate the land as public road, or
  • dedicate the land as public road where the land was acquired by transfer.

Note  The only road opening application processed by Crown Lands, are those lodged by private persons. The plan purpose must be shown as 'Proposed Road'.

Where the land is Torrens title, following gazettal the road authority should lodge a Request form 11R (PDF 131 KB) to have the resumption noted in the Register and to create any new folios for the residue lots.

Where the land is Old System or Crown Land and a certificate of title is required, a Resumption Application pursuant to s.31A(2) Real Property Act 1900 should be prepared and lodged in NSW LRS.

Acquisition for Freeway

Separate parcels comprising a proposed freeway have no special status until the whole is proclaimed as a freeway by notice in the Government Gazette. The deposited plans defining the parcels bear statements that certain lots are required for freeway. The Gazette notice may also resume the whole site and vest it in the Roads and Maritime Services as freeway even though the authority may already be the current owner of all or most of the land - see s.48 Roads Act 1993 regarding dedication of Freeways.

A Request form 11R (PDF 131 KB) together with a copy of the Gazette notice is lodged in NSW LRS to record the resumption. A certificate of title for the freeway is not issued unless specifically requested. Certificates of title will issue for land acquired for future disposal and the residue parcels. Covenants restricting access from adjoining land to the freeway are usually created.

Acquisition for Tollway or Transitway

Section 52 Roads Act 1993 states that the Minister may, by an order published in the Government Gazette, declare to be a Tollway any road that is owned by the Roads and Maritime Services (RMS) or any road proposed to be constructed on land owned by the RMS. Section 52A Roads Act 1993 states that the Minister may, by order published in the Government Gazette, declare to be a Transitway any public road or road owned by the RMS and any road proposed to be constructed on land owned, leased or controlled (or intended to be owned, leased or controlled) by the RMS.