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 Pesticides Act 1999

Charge pursuant to section 31 of the Pesticides Act 1999 (NSW) (the Act)

Where under section 30 Pesticides Act 1999 (NSW) (the ‘Act’), a compliance cost notice (for clean-up action) has been given to a person by the Environment Protection Authority (the ‘Authority’) or a public authority, either body may apply to the Registrar General for registration of the notice in relation to any land owned by the person.

On registration of the notice, a charge is created on the affected land (see section 31(2) of the Act).  A charge subject to a compliance cost order may be registered by lodgment of a Request form 11R. The Request must be accompanied by a sealed copy of the compliance cost notice. The Request must be signed by the Authority or the public authority. 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 prior mortgage, lease or other interest recorded in the Register (see section 31(4) of the Act).

The charge ceases to have effect against the land on the first to occur of the following:

  • on payment of the amount or
  • on the sale or other disposition of the property with the consent of the Authority or public authority oron the sale of the land to a purchaser in good faith for value who, at the time of the sale, had no notice of the charge.

(see section 31(3) of the Act).

Where a charge ceases to have effect under section 31(3) of the Act, it may be cancelled by lodgment of a Request form 11R executed by:

  • the Authority or public authority or
  • the registered proprietor accompanied by:
    • the consent of the Authority or public authority or
    • evidence to show that the charge has ceased to have effect.

Charge pursuant to section 87 of the Pesticides Act (NSW) 1999

A charge may also be created where a court has made a restraining order affecting land and then orders the payment of an amount referred to in section 95 and 96 of the Act, a charge is created over the affected land (see section 87(1) of the Act).On registration of the notice, a charge is created on the affected land (see section 87(6) of the Act).  

A charge subject to a restraining order may be registered by lodgment of a Request form 11R. The Request must be accompanied by a sealed copy of the restraining order and payment order made by the court. The Request must be signed by the Authority or the public authority. 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 prior mortgage, lease or other interest recorded in the Register (section 87(3) of the Act)  and has no effect until it is registered (see section 87(6) of the Act).
The charge ceases to have effect against the land on the first to occur of the following:

  • on payment of the amount or

  • on the sale or other disposition of the property with the consent of the court or

  • on the sale of the land to a purchaser in good faith for value who, at the time of the sale, had no notice of the charge.

(see section 87(2) of the Act).
 
Where a charge ceases to have effect under section 87(2) of the Act, it may be cancelled by lodgment of a Request form 11R executed by:

  • the Authority or public authority or
  • the registered proprietor accompanied by:
    • the consent of the Authority or public authority or
    • evidence to show that the charge has ceased to have effect.

The 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