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

Conservation Agreement

This page aims to help you complete an electronic Conservation Agreement dealing form. This form is used to register a Conservation Agreement made between the registered proprietor of Torrens Title land and a prescribed authority pursuant to:

  • section 69F(1) National Parks and Wildlife Act 1974 may still be entered into however the grounds upon which they can be entered has been modified by the introduction of the Biodiversity Conservation Act 2016
  • section 36(2) Nature Conservation Trust Act 2001  (which was repealed by the Biodiversity Conservation Act 2016). Clause 38 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 sets out how certain obligations may be satisfied under the Biodiversity Conservation Act 2016
  • section 127I Threatened Species Conservation Act 1995 was repealed by the Biodiversity Conservation Act 2016). Clause 38 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 sets out how certain obligations may be satisfied or
  • sections 5.12, 5.24 and 5.31 Biodiversity Conservation Act 2016.

NOTE: A number of the Acts referred to above have been repealed by the enactment of the Biodiversity Conservation Act 2016. However, if the agreement was in force and entered into immediately before the commencement of the Biodiversity Conservation Act 2016 then the agreement may be lodged in accordance with the relevant repealed provision. Additionally as noted above, the Biodiversity Conservation (Savings and Transitional) Regulation 2017 sets out obligations in relation to these types of agreements.

NOTE: A Conservation Agreement noted on the Torrens Title Register has no effect on any other dealings.

NOTE: A Conservation Agreement affecting part of the land must be lodged as a Dealing with Exception.

NOTE: Both the registered proprietor and the prescribed authority must be represented in the workspace for this dealing form.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity
  2. establish their Client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 69F(1) National Parks and Wildlife Act 1974, section 36(2) Nature Conservation Trust Act 2001, section 127I Threatened Species Conservation Act 1995 and sections 5.12, 5.24 and 5.31 Biodiversity Conservation Act 2016.

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Conservation Agreement.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Conservation Agreement dealing form.

Land Title

Enter the land title reference(s).
 
Participant Details

Party Details – Party Name

Select the registered proprietor.

Enter the prescribed authority.
 
Document

Create Document – Select Other Documents.

Select Conservation Agreement

Registered Proprietor

Select the registered proprietor.

Applicant

Select the prescribed authority.

Conservation Agreement Legislation

Select from one of the following:

  • The Minister administering the National Parks and Wildlife Act 1974
  • The Minister administering the Nature Conservation Trust Act 2001
  • The Minister administering the Threatened Species Conservation Act 1995
  • The Minister administering the Biodiversity Conservation Act 2016
  • Biodiversity Conservation Trust administering the Biodiversity Conservation Act 2016

Type of Conservation Agreement

Select from one of the following:

  • Conservation
  • Trust
  • Biobanking
  • Biodiversity Stewardship
  • Wildlife Refuge

Attachment

Attachment Type – Terms and Conditions

The attachment must specify the legislation, type and terms of the agreement.

Attachment Type – Approved Forms

Where the registered proprietor is the owners corporation of a strata scheme, the following certificates are required:

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.
 
Where the prescribed authority or registered proprietor is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18.
 
Attachment Type – Caveator’s Consent

Attach a caveator’s consent if required.

Attachment Type – Mortgagee’s Consent/Supporting Evidence

The consent of any lessee, mortgagee, chargee or covenant chargee of a registered lease, mortgage, charge or covenant charge who agrees to be bound by the agreement must be attached.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Conservation Agreement dealing form may include:

  • a true copy of the duly executed version of the document(s) uploaded as an attachment.

Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au