General exemptions
Plans for any of the following purposes are exempt from requiring subdivision consent:
- consolidation
- survey information only
- lease of telecommunication site provided the plan does not include associated land for purposes other than the telecommunications equipment
- lease of premises (including electricity substation premises)
- identification, including:
- a plan supporting a Primary Application which is not a plan of subdivision
- a redefinition plan
- an amendment plan
- a delimitation plan
- defining the site(s) of a proposed easement, profit à prendre or restrictive or positive covenant
- defining the site(s) for creating or releasing an easement or profit à prendre
- defining the site(s) for creating a restrictive or positive covenant
- boundary adjustment within the meaning of the Community Land Development Act 1989 or
- strata plan of consolidation or building alteration within the meaning of the Strata Schemes Development Act 2015.
Where consent is not required, the 'Subdivision Certificate' or 'Councils Certificate' panel on the Administration Sheet should be ruled through prior to lodgment of the plan.
Aboriginal Land Council plans
A plan for 'Aboriginal Land Council' purposes under the Aboriginal Land Rights Act 1983 and lodged by Crown Lands or a third party is exempt from requiring a Subdivision Certificate under section 23G(k) Conveyancing Act 1919. An authorised officer of Crown Lands must sign the plan.
A statement must be added to the panel on the Administration Sheet of the plan by the registered surveyor, as shown below:
THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER SECTION 23G(k) CONVEYANCING ACT 1919
Acquisition plans
A plan for acquisition and/or resumption is exempt from subdivision consent provided the plan only defines the land to be resumed and the residue of any lot.
Commonwealth Authority plans
A plan lodged for or on behalf of a Commonwealth authority (for any purpose) is exempt under section 195C(2) Conveyancing Act 1919. The plan must be signed by an authorised officer of the Commonwealth authority. A statement must be added to the Administration Sheet of the plan by the registered surveyor.
THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER SECTION 195C(2) CONVEYANCING ACT 1919
This exemption does not apply to corporate government bodies (e.g. airport corporations authority) or lessees of Commonwealth owned property.
Crown 'Torrens Title' creation plans
A plan for 'First Title Issue' lodged by Crown Lands or a third party is exempt from requiring a Subdivision Certificate under section 23G(b) Conveyancing Act 1919. The plan should be signed by an authorised officer of Crown Lands (in the appropriate panel on the Administration Sheet) and be accompanied by a completed CL45-11 draft form setting out the manner in which the folio(s) of the Register is/are to be issued.
If a plan for 'First Title Issue' purposes is not lodged by Crown Lands, a letter from them giving permission for a specified third party to lodge the plan (and any associated documentation) must be lodged with the plan. Crown Lands must add a statement to the Administration Sheet of the plan.
THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER SECTION 23G(b) CONVEYANCING ACT 1919
For more information relating to a 'First Title Issue' plan see closing of roads information.
Subdivision of a Crown Reserve title
The first subdivision of a Crown Reserve folio of the Register does not require a Subdivision Certificate - see section 23G(b1) Conveyancing Act 1919. For more information - see Crown Reserve titles.
Exemption from Subdivision Consent by legislation
Exemptions from the provisions of section 109J Environmental Planning and Assessment Act 1979 (which was replaced by section 6.15 of that Act) and consequent Subdivision Certificates also exist in other legislation. A claim for any such exemption should be made by written request, which should accompany the plan at lodgment. The request (in the form of a statutory declaration) must:
- clearly set out the section(s) of the relevant legislation that provides for the exemption
- be signed by an officer of the authority or corporation requesting the exemption, and
- define that person’s position or authority to sign the declaration.
After lodgment the request may be forwarded to a NSW LRS Legal officer for determination.
When satisfied as to the validity of the request, NSW LRS will amend the plan by striking through the Subdivision Certificate (where not already done) and adding a statement as follows:
EVIDENCE THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER...(insert reference to legislation)...FILED WITH THE PAPERS
Lease plans exempt
A plan for a lease over part of land in a current deposited plan with a term greater than five years, including any option of renewal, constitutes a subdivision pursuant to section 6.2 Environmental Planning and Assessment Act 1979 and section 195(1) Conveyancing Act 1919 and will consequently require subdivision consent.
A plan for lease of land may be exempt from subdivision consent (see section 23G(d) Conveyancing Act 1919) provided a statement (as shown below) is added to the Administration Sheet stating the plan will only be used to identify land in a lease where the term plus any option of renewal is 5 years or less. A lease accompanying the plan with a term plus renewal of 5 years or less will not remove the need to include this statement, as another lease for more than 5 years may be lodged at a later date. The statement must be added to the panel on the Administration Sheet of the plan by the registered surveyor, as follows:
THIS PLAN IS ONLY AVAILABLE TO DEFINE LAND FOR LEASE PURPOSES WHERE THE TERM PLUS ANY RENEWAL IS 5 YEARS OR LESS.
IT IS NOT AVAILABLE FOR SUBDIVISION OR TITLE ISSUE PURPOSES.
Any subsequent lease for more than 5 years, including any option of renewal, that refers to lots in the plan will be rejected at lodgment.
Transport for NSW (formerly Roads and Maritime Services) plans exempt
Transport for NSW (TfNSW) (formerly Roads and Maritime Services and its predecessors) prepares plans defining parcels of land intended to be resumed for road works and residue lots. The standard rules for an acquisition plan apply and on registration 'dummy' folios will be created in the usual manner.
However, where the whole of a parcel of land (shown as a lot for roadworks and a single residue lot in the acquisition plan) already stands in the name of the RMS, the authority may in some instances supply a letter with the plan, requesting NSW LRS to create new titles (NO CT) for the new lots. Such a plan will constitute a subdivision of the current parcel and an exemption from obtaining a Subdivision Certificate is required. TfNSW must rule through the Subdivision Certificate and add a statement to the Administration Sheet of the plan referring to the exemption given and filed under NSW LRS File 1997M6(2). The statement should be signed by an authorised officer of the TfNSW and state:
THIS PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATION PURSUANT TO AN AGREEMENT BETWEEN LPI, RTA AND THE DEPARTMENT OF URBAN AFFAIRS AND PLANNING. SEE 1997M6(2). LAND IN THE PLAN COMPRISES ONLY ROAD AND RESIDUE.
NOTE: One of the prior names of the current Department of Planning, Industry and Environment www.planning.nsw.gov.au was the Department of Urban Affairs and Planning (DUAP). The original agreement was with DUAP.
Transitways and Tollways
Plans for transitways and tollways will be treated as plans for public road and any statement on the plan must only refer to transitway or tollway as a future declaration following the creation of the public road.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/