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

Statutory consent authorities

Certain statutory authorities, by provision in their respective Acts, are declared to be the consent authority for land within their control. Deposited plans of subdivision affecting such land must bear subdivision consent by an authorised officer of that authority. The statutory consent authorities are:

Lake Illawarra Authority

The Lake Illawarra Authority Act 1987 provides that all Crown land (within the meaning of the Crown Lands Consolidation Act 1913), land held on behalf of the Crown by a Minister, land held by a Constructing Authority (within the meaning of the Public Works Act 1912), land held by a Corporation (constituted by the Environmental Planning and Assessment Act 1979) and land held by a council (within the meaning of the Local Government Act 1993) within the development area of Lake Illawarra (as defined by the Act) is vested in the Lake Illawarra Authority (LIA) in an estate in fee simple subject to any subsisting interests (leases, licenses, mining rights) created under the Crown Lands Consolidation Act 1913. This land is limited in depth to 20 metres below Australian Height Datum.

The Lake Illawarra Authority Act 1987 constituted the LIA for the purpose of carrying out development works in the Lake Illawarra development area. S.26 Lake Illawarra Authority Act 1987 provides that the LIA may consent to all development works (for the purposes of Parts 4A and 5 of the Environmental Planning and Assessment Act 1979) within the development area and as such may act as the Consent Authority.

Lord Howe Island Board

Lord Howe Island is vested in the Crown see s.16 Lord Howe Island Act, 1953. Section 18 Lord Howe Island Act 1953 provides that 'Crown lands shall not be dealt with except under the provisions of this Act'. However, Section 15A Lord Howe Island Act, 1953 outlines the application of the Environmental Planning and Assessment Act 1979 which provides in Part 4A, s.109D(1)(d)(iii) that reference to the Crown as a consent authority is also reference to the Lord Howe Island Board. All plans of subdivision that would normally require approval by the consent authority must have the consent of the Lord Howe Island Board.

Sydney Harbour Foreshore Authority

The Sydney Harbour Foreshore Authority Act 1998 commenced on 1 February 1999. The authority now exercises the functions formerly undertaken by the Sydney Cove Redevelopment Authority, the City West Development Corporation and the Darling Harbour Authority.

The authority manages the foreshore lands of Sydney Harbour between Garden Island and White Bay as set out on a map held in the in the offices of the Authority and the Department of Planning. The consent authority for these foreshore lands is the Minister Administering the Sydney Harbour Foreshore Authority Act 1999, except in relation to a Part 4A certificate, for which the consent authority is the Sydney Harbour Foreshore Authority.

Sydney Olympic Park Authority

The Sydney Olympic Park Authority Act 2001 commenced on 1 July 2001. S.22 of the Act specifies that the Minister for Planning is the consent authority for all developments affecting Sydney Olympic Park. S.26 indicates that the functions of a council in relation to approvals for plans of subdivision may be exercised by the Authority in any development carried out by the Authority. The approval of a council is not required for any plan that is approved by the Authority. A plan defining the boundaries of the Park is held by the Department of Planning and by the Sydney Olympic Park Authority.