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

Transfer and Road Closure

This page aims to help you complete an electronic Transfer and Road Closure dealing form. This form is used to transfer a folio of the Register and request the Registrar General to endorse a notification of the road closure referred to in the Government Gazette. A notification is entered where monies are owing.

NOTE: This form must only be used by Department of Primary Industry and Environment (Crown Lands).

NOTE: This form can only be used where the transaction falls within the transitional provisions set out in schedule 7 Crown Land Management Act 2016. I.e. if the contract for sale was entered into before 1 July 2018 and settled prior to that date then this form can be used. Alternatively, if the contract for sale was entered into before 1 July 2018 and settled after that date then the transfer must be accompanied by a Savings and Transitional letter in the form as agreed between NSW LRS and Crown Lands.

NOTE: Only the transferor (being the State of New South Wales) is required to be represented in the workspace for this dealing form. The subscriber must verify that it holds a transfer signed by or on behalf of a person(s) purporting to be the transferee(s). 

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 – Crown Land Act 1989 and section 42 Roads Act 1993.

Stamp Duty – required.

Notice of Sale – required. There is no need to separately create a Notice of Sale form. The Notice of Sale form is automatically produced in the workspace and sent to NSW LRS when the instrument is lodged.

Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Transfer and Road Closure.

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 Transfer and Road Closure dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select the transferor being the State of New South Wales.

Enter the name of the transferee.

Document

Create Document – Select Other Documents.

Select Transfer and Road Closure.

Transferor

Select the transferor, being the State of New South Wales.

Transferee

Select the transferee.

Tenancy/Shares of the Transferee

Enter the tenancy/shares of the transferee.

Consideration

Consideration Type

Select one of the following consideration types:

  • With monetary consideration - where a transfer involves payment of monies.
  • Without monetary consideration and as regards a deed of partition - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of partition.
  • Without monetary consideration and as regards a deed of assignment - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of assignment.
  • Without monetary consideration and as regards a court order - where a transfer does not involve payment of monies and satisfies the conditions set out in a Court Order.
  • Without monetary consideration and as regards an intergenerational assignment - where a transfer does not involve payment of monies and satisfies the conditions of an intergenerational assignment.
  • Without monetary consideration and a change in manner of holding - where a transfer does not involve payment of monies and alters the names, tenancy and/or shares of the registered proprietors.

Gross Consideration Amount

Enter the consideration amount where the transfer is with monetary consideration.

Consideration Details

Enter the consideration details where the transfer is without monetary consideration.

Government Gazette Date

Enter the date of the Government Gazette notice.

Government Gazette Number

Enter the Government Gazette number.

Transfer and Road Closure

The situation as regards monies fully paid or owing must be indicated by selecting the appropriate statement. Select from one of the following:

  • The Transferor states that purchase monies have been fully paid.
  • The Transferor states that purchase monies are owing.

Subscriber’s Acknowledgment

Select the following:

  • The Subscriber verifies that it holds a transfer signed by or on behalf of a person(s) purporting to be the transferee(s).

Attachment

Attachment Type – Supporting Evidence

Attach any supporting evidence if required. A copy of the Government Gazette notice must be attached or a letter justifying how the transaction can proceed while relying on the repealed provisions must be provided. This letter must be in the form as agreed between NSW LRS and Crown Lands and must be attached in the workspace.

Attachment Type – Caveator’s consent

Attach a caveator’s consent if required.

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 Transfer and Road Closure dealing form may include:

  • ​the Transfer signed by or on behalf of a person(s) purporting to be the transferee(s)
  • a letter justifying how the transaction can proceed while relying on the repealed provisions (of Crown Land Act 1989) should be provided.

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