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

Conservation agreement

Form 13NP 

Dealing type - NP

Legislation

section 69F(1) National Parks and Wildlife Act 1974

section 36(2) Nature Conservation Trust Act 2001

section 127I Threatened Species Conservation Act 1995

sections 5.12, 5.24 and 5.31 Biodiversity Conservation Act 2016

Stamp Duty - not required.

NOS Form - not required.

Standard Form of Caveat - prevents registration.

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

NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.

This page aims to help you complete a Conservation Agreement dealing form. This form is used to register a Conservation Agreement made between the registered proprietor of Torrens Title land and a prescribed authority pursuant to:

  • section 69F(1) National Parks and Wildlife Act 1974 (may still be entered into however the grounds upon which the agreement can be entered into has been modified by the introduction of the Biodiversity Conservation Act 2016)
  • section 36(2) Nature Conservation Trust Act 2001 (which was repealed by the Biodiversity Conservation Act 2016). Clause 38 Biodiversity Conservation (Savings and Transitional) Regulation 2017 sets out how certain obligations may be satisfied under the Biodiversity Conservation Act 2016
  • section 127I Threatened Species Conservation Act 1995 (which was repealed by the Biodiversity Conservation Act 2016). Clause 38 Biodiversity Conservation (Savings and Transitional) Regulation 2017 sets out how certain obligations may be satisfied under the Biodiversity Conservation Act 2016 or
  • sections 5.12, 5.24 and 5.31 Biodiversity Conservation Act 2016.

NOTE: While a number of the Acts referred to above have been repealed by the enactment of the Biodiversity Conservation Act 2016, if the agreement was in force and entered into immediately before the commencement of the Biodiversity Conservation Act 2016 then the agreement may be lodged in accordance with the relevant repealed provision. Additionally, as noted above, the Biodiversity Conservation (Savings and Transitional) Regulation 2017 sets out obligations in relation to these types of agreements.

NOTE: A Conservation Agreement noted on the Torrens Title Register has no effect on any other dealings.
A plan fee is payable for a plan referred to in the description of the agreement and annexed/uploaded. See Native Vegetation Property Agreement page for exemptions to plan fees for plans annexed to Requests to record Native Vegetation Property Agreements.

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

(C) The full name of the applicant, i.e. the prescribed authority, must be stated.

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

(E) Please select the appropriate legislation and type of Conservation Agreement from the drop down menus. The annexure must be specified. The annexure itself must be identified as such. Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.

A consent furnished by any lessee, mortgagee, chargee or covenant chargee of a registered lease, mortgage, charge or covenant charge who agrees to be bound by the agreement will be filmed with the dealing.

(F) 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 (e.g. authorised delegate, attorney under power of attorney, etc.)) and be witnessed.

(G) The dealing must be executed by the registered proprietor and be witnessed, or it may be executed on the registered proprietor’s behalf as follows:

  Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Registered Proprietor Tick Cross Tick Cross

Where the registered proprietor is the owners corporation of a strata scheme, the following certificates are also required:

Execution must take the form as set out in strata schemes Approved Form 23.
Where the registered proprietor is the association of a community, precinct or neighbourhood scheme, the following certificate is also required:

Execution must take the form as set out in community schemes Approved Form 18.

For neighbourhood schemes only, community schemes Approved Form 24 is required where the initial period is not shown as expired on the association title.

See execution requirements for companies, witnesses etc. pages.

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

Staff processing information

If in order proceed with registration except for the following.

Refer to SM99

Where the Agreement affects part of the land.

Registration procedure

Conservation Agreement (section 69F(1) National Parks and Wildlife Act 1974)

TRANSACTION ON

PRIME CODE COAG

Nature Conservation Trust Agreement (section 36(2) Nature Conservation Trust Act 2001)

TRANSACTION ON

PRIME CODE NCTA

DETAILS Nature Conservation Trust Agreement.

Threatened Species Conservation Agreement (section 127I) Threatened Species Conservation Act 1995)
TRANSACTION ON

PRIME CODE BIOB

Biobanking Agreement (Part 7A Division 2 Threatened Species Conservation Act 1995)

TRANSACTION ON

PRIME CODE BIOA

ID NUMBER [ID Number]

Biodiversity Stewardship Agreements (Part 5 Division 2 Biodiversity Conservation Act 2016)

TRANSACTION ON

PRIME CODE BSA

Conservation Agreements (Part 5 Division 3 Biodiversity Conservation Act 2016)

TRANSACTION ON

PRIME CODE COAB

Wildlife Refuge Agreements (Part 5 Division 4 Biodiversity Conservation Act 2016)

TRANSACTION ON

PRIME CODE WRA
 

Published Date: October 2024