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 for Public Reserve or Drainage Reserve

This page aims to help you complete an electronic Transfer for Public Reserve or Drainage Reserve dealing form. This form is used to transfer land to a local council for a public reserve or a drainage reserve pursuant to section 49 Local Government Act 1993. A notification stating that the land is dedicated as public reserve or as drainage reserve is entered in the Second Schedule.

NOTE: A Transfer for Public Reserve of Drainage Reserve affecting part of the land must be lodged as a Dealing with Exception.

NOTE: Both the transferor and transferee 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:

  • verify their Client’s identity
  • establish their Client’s right to deal with the land
  • have a properly completed and executed Client Authorisation form and
  • 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 49 Local Government 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 for Public Reserve or Drainage Reserve.

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 for Public Reserve or Drainage Reserve dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select the transferor, being the registered proprietor.

Enter the name of the transferee, being the Local Council.

Document

Create Document – Select Other Documents.

Select Transfer for Public Reserve or Drainage Reserve.

Transferor

Select the transferor.

Transferee

Select the transferee.

Tenancy 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.

Type of Reserve

Select from one the following:

  • Public Reserve
  • Drainage Reserve

Attachment

Attachment Type – Approved Forms

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

  • strata schemes Approved Form 13 where the owners corporation is burdened by the dealing and
  • strata schemes Approved Form 10 where the initial period is not shown as expired on the common property title.

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.
 
Where the transferor 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 – Supporting Evidence

Attach any supporting evidence 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 for Public Reserve or Drainage Reserve 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