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

Notice of Proposed Acquisition

This page aims to help you complete an electronic Notice of Proposed Acquisition dealing form. This form is used to record a notice of proposed acquisition on the folio of the Register pursuant to section 11 and section 17 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), section 22 Lands Acquisition Act 1989 (Cth) or section 185 Roads Act 1993 (NSW).

The terms 'resumption' and 'acquisition' are identical for NSW LRS purposes and apply to land or easements resumed pursuant to NSW or Commonwealth Government Acts.

NOTE: The applicant 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 11 and section 17 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), section 22 Lands Acquisition Act 1989 (Cth) and section 185 Roads Act 1993 (NSW).

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Notice of Proposed Acquisition. 

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 Notice of Proposed Acquisition dealing form.

Land Title

Enter the land title reference(s) of the land affected by the request. 

Participant Details

Party Details – Party Name

Enter the full name of the acquiring authority.

Document

Create Document – Select Other Documents.

Select Notice of Proposed Acquisition. 

Land Extent

Select from the following:

  • Whole – affecting the whole of the land
  • Part – affecting part of land.

Description

Where part of the land is selected, a description of the part of the land must be entered or refer to an annexure/attachment.

Dealing on Title (optional)

Select the interest affected, being a lease, mortgage or charge being resumed if applicable.
 
Dealing Number (optional)

Select the dealing number of the registered interest being resumed if applicable.

Applicant

Select the acquiring authority.

Legislation

Enter the applicable legislation.

Details of Proposed Acquisition

Enter the details of the proposed acquisition.

Attachment

Attachment Type – Supporting Evidence 

Attach any relevant supporting evidence. For example:

  • section 22 Land Acquisition (Just Terms Compensation) Act 1991 (NSW) requires notice of the proposed acquisition to be lodged with the Registrar General or
  • section 38 Lands Acquisition Act 1989 (Cth) requires lodgment of a memorandum setting out the particulars of the ‘authorising document’ (as defined in section 34 Lands Acquisition Act 1989 (Cth)).

If the acquisition affects part of the land, the part must be fully described in a schedule.

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 Notice of Proposed Acquisition 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