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 Plantations and Reafforestation Act 1999

Section 42 of the Plantations and Reafforestation Act 1999 (NSW) (the ‘Act’) allows the Minister administering the Act to require the owner of a timber plantation authorised under the Act to make a financial contribution to transport infrastructure expenditure.

The Minister may, under section 46 of the Act, issue a notice as to any financial contribution payable and, at the request of the local authority to whom the contribution is payable, apply to the Registrar General for the registration of the notice in relation to any land over which the notice relates.

On the registration of the notice, a charge on the land over which the notice relates is created (see section 46(6) of the Act). To register the notice, a Request form 11R, accompanied by a copy of the notice, must be lodged and be signed by the Minister or on behalf of the Minister. 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 (see section 46(8) of the Act).

The charge ceases to have effect:

  • on payment of the amount of the financial contribution, or
  • on the sale or other disposition of the land with the Minister's written consent, 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.

whichever occurs first (see section 46(7) of the Act).  

Where a charge ceases to have effect under section 46(7) of the Act, it may be cancelled by lodgment of a Request form 11R. The Request must be executed by:

  • the Minister or public authority, or
  • the registered proprietor accompanied by:
    • the consent of the Minister 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