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

Positive Covenant Affecting Land Vested in a Prescribed Authority

This page aims to help you complete an electronic Positive Covenant Affecting Land Vested in a Prescribed Authority dealing form. Pursuant to section 88D Conveyancing Act 1919 a public positive covenant affecting land vested in a prescribed authority may be created by an order by that prescribed authority. Information on a positive covenant affecting land not vested in a prescribed authority can be found on this page.

The prescribed authorities under section 88D(1) Conveyancing Act 1919 are:

  • a statutory authority, i.e. the Crown or a public or local authority constituted by an Act
  • Australian Gas Networks (NSW) Pty Ltd (ACN 083 199 839)
  • Australian Postal Corporation
  • Defence Housing Australia
  • an energy services corporation within the meaning of the Energy Services Corporations Act 1995
  • the owner of a transacted distribution system or transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015
  • Hunter Water Corporation Limited
  • an irrigation corporation within the meaning of the Water Management Act 2000
  • Water NSW
  • Sydney Water Corporation Limited
  • The Uniting Church in Australia Property Trust (NSW)
  • AGL Macquarie Pty Limited (ACN 167 859 494) and
  • Snowy Hydro Limited (ACN 090 574 431).

See clause 27 Conveyancing (General) Regulation 2018.

NOTE: 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 88D(3)Conveyancing Act 1919.

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 Positive Covenant Affecting Land Vested in a Prescribed Authority.

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 Positive Covenant Affecting Land Vested in a Prescribed Authority dealing form.

Land Title

Enter the land title reference(s) for the land burdened by the positive covenant.

Participant Details

Party Details – Party Name

Select the registered proprietor being the prescribed authority.

Document

Create Document – Select Other Documents.

Select Positive Covenant Affecting Land Vested in a Prescribed Authority.

Prescribed Authority

Select the registered proprietor being the prescribed authority.

Evidence Date

Enter the date of the order from the prescribed authority.

Attachment

Attachment Type – Terms and Conditions

In accordance with section 88D Conveyancing Act 1919 the order must state:

  • the land burdened by the positive covenant
  • the particulars of the positive covenant. A positive covenant must require the carrying out of a particular obligation by the registered proprietor, e.g. to repair or insure a building etc.
  • the name of the prescribed authority in which the land is vested.

The date of the order must be stated and the order must be attached. The prescribed authority must certify that no person or corporation has acquired an interest in the land.

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.

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