Form 01TQ (PDF 20 KB)
Note: Only to be used to transfer minerals or coal from a fee simple title.
Not to be used for :
- a transfer of land excluding or excepting minerals or coal from the title, or
- a transfer of a minerals title, or
- a transfer of a coal title
for the above listed transfers use form 01T.
Dealing type - TQ
Stamp duty - required. The number of title references as indicated by Revenue NSW must agree with Note (A).
Any alteration to the title reference, tenancy, interest/share, consideration, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party may be ignored. The addition of a name must be marked.
NOS form - not required.
Standard form of Caveat - prevents registration.
Priority Notice noted on the Register - see Priority Notice page.
Also see minerals and coal.
The dealing must not include any reference to the transferor or transferee being a trustee, executor or administrator for another party.
(A) The reference to title for the land containing the minerals or coal being transferred must be stated.
(C) The full name of the transferor must be stated (and in the case of a corporation must include its ACN) and must be identical to the name of the registered proprietor as shown on the Register.
A transfer by:
- a company under administration must be drawn in the name of the company and the name must be followed by the words 'under administration'
- a company in liquidation must be drawn in the name of the company and the name must be followed by the words 'in liquidation'
- a company in receivership must be drawn in the name of the company and the name must be followed by the words 'in receivership'.
A transfer pursuant to an Order of the Family Court of Australia must be drawn in the name of the relevant registered proprietor as transferor, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [395.250].
(D) The consideration is optional.
(E) 'Minerals' or 'coal', whichever does not apply, must be ruled through and initialled.
A transfer may except physical objects, e.g. a transfer by the Water Board excepting 'watermains, sewers, manholes and other appurtenances'.
(F) The share being transferred must be stated. Only complete if less than the whole of the transferors interest or share is being transferred.
(G) A writ must be noted in the Encumbrances, or the Court must consent to the transfer, or the writ must be removed.
(H) The full name of the transferee must be stated (and in the case of a corporation must include its ACN).
A transfer to a statutory authority that is not a State owned corporation must be drawn in the name of Her Majesty Queen Elizabeth the Second on behalf of the responsible Minister. The transfer will be registered to show 'Her Majesty Queen Elizabeth the Second ([name of the relevant department or authority])' in the First Schedule, e.g. 'Her Majesty Queen Elizabeth the Second (State Rail Authority)'. No notifications, except for those listed, will be removed from the Second Schedule. A certificate of title will be issued.
See transfer to a lessee, mortgagee or chargee page.
A transfer by direction, ie. intervening parties between the transferor and the transferee, must state the full name of the transferee. The full names of the intervening parties may also be shown either on an annexure or at Note (C). See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [549.500].
(I) Tenancy/shares must be stated where there is more than one transferee.
(J) The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Transferor |
 |
 |
|
|
| Transferee |
|
|
|
|
A transfer by a company under administration, in liquidation or in receivership must be executed by the administrator, liquidator or receiver and the capacity must be stated. The dealing may be signed under the seal of the company and no witness is required, or signed without the seal and the execution must be witnessed.
A transfer may be executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) where the transferor is a deregistered company.
For a transfer executed by a trustee not vested for a debtor pursuant to s188 Bankruptcy Act 1966, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [30.900].
See execution requirements for companies, witnesses etc pages.
Staff processing information
If in order such a transfer should be treated as a transfer of part and be submitted to SM99 for check of description and form of notification except for the following.
Refer to SD31 then to SM99
Where the notification code RCP is noted on the Register (the notification will include 'Restrictions on Dealings and Subdivision').
Note The transfer must not be registered until the notification is removed.
Refer to Legal through the Senior Examining Officer then to SM99
A transfer:
- by the transferor's attorney for a nominal sum or no consideration.
- to the transferor's attorney.
- in favour of a company in liquidation.
- where there is doubt as to the corporate status of the transferee.