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

Charge pursuant to Biosecurity Act 2015

Section 327(1) of the Biosecurity Act 2015 (NSW) (the ‘Act’) provides that the Secretary of the Department of Regional NSW (the ‘Secretary’) may apply to the Registrar General for registration of any unpaid amount under a cost recovery order in relation to any land owned by the person from whom that amount is recoverable. The order may extend to any land owned jointly with another person.

The application must made by the Secretary, by way of Request form 11R, and must define the land to which it relates and be accompanied by a sealed copy of the relevant cost recovery order (section 327(2) and (3) of the Act). On registration of the cost recovery order, a charge is created over the land over which the order relates (section 327(4) of the Act).

The Request does not require marking by Revenue NSW.

NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

NOTE: The charge is subject to every mortgage, lease, or other interest previously recorded in the Register (section 327(6) of the Act).

The Secretary may, at any time, request by way of Request form 11R, request the Registrar General to cancel the charge.
The charge ceases to have effect in relation to the land:

  • on payment to the Secretary of the amount payable under the cost recovery order or
  • on registration of a cancellation of the charge, made at the request of the Secretary, under section 327(10) of the Act or
  • on the sale or other disposition of the land with the consent of the Secretary or
  • on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge.

whichever first occurs (see section 327(5) and (10) of the Act).

Application for cancellation of the charge should be made by the lodgment of a Request form 11R executed by the Secretary.

Any Request for cancellation does not require marking by Revenue NSW.

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

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Publication Date: March 2024