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 Trees (Disputes Between Neighbours) Act 2006

Section 17(1) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (the ‘Act’) provides that where an owner of land has been issued with an order to carry out work in relation to a tree order, and that owner did not carry out the work in accordance with the order, the local council may carry out that work.

The council may then obtain an order of court for the recovery of costs of carrying out that work (see section 17(8) of the Act) and may apply to the Registrar General, by way of Request form 11R, for the registration of the court order for the recovery of costs (section 17A of the Act). The Request must be accompanied by a sealed copy of the Court Order and signed by the local council. The Request does not require marking by Revenue NSW.

On the registration of the court order, a charge is created over the land over which the Court Order relates (section 17A(4) of the Act and has no effect until it is registered (see section 17A(10)).
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 17A(6) of the Act). 

The charge ceases to have effect if the council certifies in writing that the amount payable has been paid or the council has otherwise agreed to cancel the charge (section 17A(5) of the Act).

A charge also ceases to have effect on:

  • the sale or other disposition of the land with the consent of council or
  • 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.

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