‘Prescribed authority’ is referred to in sections 88A, 88D and 88E Conveyancing Act 1919 with regard to easements in gross and regulation of the use of land. A prescribed authority may be the benefitting party for an easement, a restriction on the use of land or a positive covenant.
Sections 88A, 88D and 88E Conveyancing Act 1919 each indicate that ‘prescribed authority’ means:
- the Crown or
- a public or local authority constituted by an Act or
- a corporation prescribed for the purpose of the relevant section of the Conveyancing Act 1919.
The corporations prescribed for the purposes of each section are described in the Conveyancing (General) Regulation 2018 as follows:
Section 88A Easements in gross: Schedule 3
Section 88D Regulation of use of land vested in a prescribed authority: section 27
Section 88D Regulation of use of land not held by a prescribed authority: section 28
NOTE: The term 'Prescribed Authority' only applies to these sections. That is, it does not apply to other sections of the Act, or to any other Acts. Furthermore, there are different prescribed corporations for each of sections 88A, 88D and 88E. A corporation prescribed under one section may not be prescribed under the other sections.
Consent of a prescribed authority on a plan and/or s.88B Instrument
A plan which affects land which is owned by a prescribed authority must be signed by the authority in accordance with section 195D Conveyancing Act 1919.
A section 88B instrument which creates an affecting interest over land which is owned by a prescribed authority or where a prescribed authority is benefited must be signed by the authority in accordance with Schedule 9 of the Lodgment Rules.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/