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 (PDF 100 KB)

Dealing type - NP

Legislation

s69F(1)(b) National Parks and Wildlife Act 1974

s36(2) Nature Conservation Trust Act 2001

s127I Threatened Species Conservation Act 1995

ss5.12, 5.24 and 5.31 Biodiversity Conservation Act 2016

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration.

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

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.

See Native Vegetation Property Agreement page.

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

(C) The full name of the applicant, ie 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) The legislation and type of agreement must be stated. 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) and be witnessed.

(G) The dealing must be executed by the registered proprietor and be witnessed, or it may be executed on the registered proprietors 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, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB). The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Where the prescribed authority or registered proprietor is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB). A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc. pages

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.650].

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 (s69F(1) National Parks and Wildlife Act 1974)

TRANSACTION ON

PRIME CODE COAG

Nature Conservation Trust Agreement (s36(2) Nature Conservation Trust Act 2001)

TRANSACTION ON

PRIME CODE NCTA

DETAILS Nature Conservation Trust Agreement.

Threatened Species Conservation Agreement (s127I) 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