Positive covenant affecting land vested in prescribed authority

Form 13 PVP (PDF 500 KB)

Dealing type - PR

Legislation - s88D(3) Conveyancing Act 1919

Stamp duty - not required

Certificate of Title - required

NOS form - not required

Standard form of Caveat - does not prevents registration.

Priority Notice noted on the Register - see Priority Notice page.

NOTE: This dealing type signed on or after the 22/3/2021 must be lodged electronically using an Electronic Lodgment Network (see Conveyancing Rules 8.7 and 8.8).

Where a required mandated dealing is excluded from electronic lodgment or circumstances allow the Registrar General to waive electronic lodgment under Conveyancing Rules 8.7 and 8.8, the incoming dealing must be accompanied with the Conveyancing Rules Exemptions form 2021 indicating the exemption.

Pursuant to s88D Conveyancing Act 1919 a positive covenant affecting land vested in a prescribed authority may be created by Order of that authority.

There is no extra fee payable for a plan annexed.

Also see pages:

(A) The reference to title for the land affected by the positive covenant must be stated.

(C) The full name of the prescribed authority must be stated and be identical to the registered proprietor as shown on the Torrens Title Register.

The prescribed authorities under s88D(1) Conveyancing Act 1919 are:

  • a statutory authority, ie the Crown or a public or local authority constituted by an Act
  • Australian Postal Corporation
  • Coleambally Irrigation Corporation
  • Commonwealth Defence Housing Authority
  • Hunter Water Corporation Limited
  • Jemalong Wyldes Plains Irrigation Limited
  • Lower Murray Irrigation Areas Limited
  • Murray Irrigation Limited
  • Murrumbidgee Irrigation Corporation
  • Rail Infrastructure Corporation
  • Sydney Water Corporation Limited and
  • The Uniting Church in Australia Property Trust (NSW).

(D) The date of the Order must be stated. An office copy of the Order must be annexed to the dealing.

The prescribed authority must certify that no person or corporation has acquired an interest in the land.

The Order must state:

  • the land burdened by the positive covenant
  • the particulars of the positive covenant. A positive covenant must require the carrying out of a particular obligation by the registered proprietor, e.g. to repair or insure a building etc. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [396.200] and
  • the name of the prescribed authority in which the land is vested.

(E) The dealing must be executed by an authorised officer of the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [396.240].

Staff processing information

If in order proceed with registration except for the following.

Refer to SD31

Where the positive covenant affects a Crown land tenure Perpetual Lease.

Registration procedure