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

Transfer involving Crown land

Form   01T (PDF 100 KB)

Dealing type - T

Legislation

s102, s104, s137 Crown Lands Act 1989

s26, s31 Forestry Act 2012

s145, s146(1), s146(2) National Parks and Wildlife Service Act 1974

Stamp duty - required. The number of title references indicated as marked by Revenue NSW must agree with Note (A). Separate marking as regards Vendor Duty is also required where the contract for sale is dated after 31.5.2004 and before 2.8.2005, except where the transferor is:

  • The State of New South Wales or
  • Her Majesty Queen Elizabeth II.

Any alteration to the title reference, to the estate being from leasehold to fee simple, 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.

Not required where:

  • a change in estate is to a lesser estate
  • a change in tenancy/shares does not alter the overall share distribution.

Certificate of Title - required.

Not required for a transfer and surrender of a Crown land tenure Term Lease.

NOS form - required. Panels 1, 2, 3, 4 and 5 require completion. Ignore 3A and 4 if the transfer is not for value.

Standard form of Caveat - prevents registration.

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

Minister's consent may be required for certain Crown land tenures and Crown land Real Property Act leases.

Requirements are the same as for a standard transfer, together with the following.

A transfer by a Reserve Trust may be registered if accompanied by the Minister's consent and is otherwise in order. Any notifications referring to the dedication or reserve, e.g. s102 Crown Lands Act 1989, will be removed, see s104 Crown Lands Act 1989.

A transfer to Her Majesty Queen Elizabeth the Second that is not:

  • on behalf of a statutory authority
  • pursuant to s137 Crown Lands Act 1989 or
  • pursuant to s26 Forestry Act 2012 or s31 Forestry Act 2012,

is unacceptable as drawn.

Also see information on:

Her Majesty Queen Elizabeth the Second

A transfer to a statutory authority on behalf of Her Majesty Queen Elizabeth the Second, except for a transfer and surrender pursuant to s137 Crown Lands Act 1989, will be registered to show 'Her Majesty Queen Elizabeth the Second ([name of the statutory 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. Note  This does not make the land Crown land for the purposes of the Crown Lands Act 1989.

A transfer or a transfer and surrender to Her Majesty Queen Elizabeth the Second pursuant to s137 Crown Lands Act 1989 must refer to s137 Crown Lands Act 1989 and must be executed by or be consented to by the Minister for Crown lands or a delegated officer.  If not, the transfer must be re-drawn in the name of the appropriate statutory authority on behalf of Her Majesty Queen Elizabeth the Second. If the transfer is in order it will be registered to show 'The State of New South Wales' in the First Schedule. All notifications will be removed from the Second Schedule, except for exceptions, reservations, State Forest dedications, and any easements or covenants. A certificate of title will not be issued unless requested.

If the transfer pursuant to s26 Forestry Act 2012 (Acquisition and sale of land) or s31 Forestry Act 2012 (Land exchanges affecting forests) is in order it will be registered to show 'The State of New South Wales' in the First Schedule. All notifications will be removed from the Second Schedule, except for exceptions, reservations, State Forest dedications, and any easements or covenants. A certificate of title will be issued.

National Parks and Wildlife Service

If a transfer to the Minister administering the National Parks and Wildlife Service Act 1974 is in order it will be registered as drawn. No notifications, except for those listed, will be removed from the Second Schedule. A certificate of title will be issued.

If a transfer or transfer and surrender to the National Parks and Wildlife Service on behalf of Her Majesty Queen Elizabeth the Second for the purposes of:

  • s145 National Parks and Wildlife Service Act 1974 (conservation of threatened species etc)
  • s146(1) National Parks and Wildlife Service Act 1974 (improving access etc to land held under this Act) or
  • s146(2) National Parks and Wildlife Service Act 1974 (for use in administration of this Act),

is in order it will be registered to show 'Her Majesty Queen Elizabeth The Second (National Parks and Wildlife Service)'. No notifications, except for those listed, will be removed from the Second Schedule. A certificate of title will be issued. Note  This does not make the land Crown land for the purposes of the Crown Lands Act 1989.

The State of New South Wales

A transfer or a transfer and surrender to The State of New South Wales pursuant to s137 Crown Lands Act 1989 must refer to s137 Crown Lands Act 1989 and must be executed by or be consented to by the Minister for Crown lands or a delegated officer. If not, the transfer must be re-drawn in the name of the appropriate statutory authority on behalf of Her Majesty Queen Elizabeth the Second.  If the transfer is in order it will be registered to show 'The State of New South Wales' in the First Schedule. All notifications will be removed from the Second Schedule, except for reference to a State Forest dedication, exceptions, reservations, and any easements or covenants. A certificate of title will not be issued unless requested.

(J) Where the transferor or transferee is not Her Majesty Queen Elizabeth the Second, The State of New South Wales or a statutory authority, the dealing must be executed by the transferor/transferee and be witnessed, or be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Tick Tick Tick

The dealing must be executed as follows where the transferor is:

  • The State of New South Wales, by the Minister or a delegated officer and be witnessed or
  • a statutory authority, by the Minister for the authority or a delegated officer and be witnessed.

The capacity of the person signing must be stated. 

The dealing must be executed as follows where the transferee is:

  • Her Majesty Queen Elizabeth the Second (s137 Crown Lands Act 1989), by the Minister for Crown lands or a delegated officer
  • Her Majesty Queen Elizabeth the Second for a statutory authority, by the Minister for the authority or a delegated officer
  • The State of New South Wales, by the Minister for Crown lands or a delegated officer or
  • a statutory authority, by the Minister for the authority or a delegated officer,

and be witnessed, or by their solicitor. The capacity of the person signing must be stated.

See execution requirements for companies, witnesses etc. pages.

Staff processing information

Where a transfer of a Crown land tenure Perpetual Lease or a transfer and surrender of the lease is lodged by the State Lands Services, if the issued certificate of title is not lodged or produced and no mortgages are noted on the Register, a statutory declaration giving details as to the loss or destruction of the title is required. Refer to SD6. If a mortgage is noted on the Register, a New Certificate of Title form 12PV must be lodged.

If in order proceed with registration except for the following.

Refer to SD31

  • a transfer to Her Majesty Queen Elizabeth the Second with no other wording
  • a transfer and surrender to Her Majesty Queen Elizabeth the Second pursuant to s137 Crown Lands Act 1989
  • a transfer and surrender to The State of New South Wales pursuant to s137 Crown Lands Act 1989
  • a transfer to Her Majesty Queen Elizabeth the Second or the Minister for the NSW Land Registry Services pursuant to s26 or s31 Forestry Act 2012
  • a transfer to the Minister administering the National Parks and Wildlife Act 1974
  • a transfer to the National Parks and Wildlife Service on behalf of Her Majesty Queen Elizabeth pursuant to s145, s145(1) or s145(2) National Parks and Wildlife Act 1974
  • a transfer to a Reserve Trust that is accompanied by the consent of the Minister for Lands
  • a transfer of a perpetual leasehold title pursuant to a court order
  • where a Registrar General's caveat pursuant to s11(1A) Closer Settlement Amendment (Conversion) Act 1943 is noted on the Register
  • where s31(2) or (3) Closer Settlement Act 1904 is noted on the Register
  • where Part 3 Schedule 3 Crown Lands (Continued Tenures) Act 1989 is noted on the Register.

Registration procedure

CODE (name)    P, C or Q  [name of transferee; include all current registered proprietors]

TENANCY    S, J2 etc, T etc.

Note  A reference to Her Majesty Queen Elizabeth the Second in the First or Second Schedule must include details of the relevant statutory authority.

Transfer by The State of New South Wales

If the Second Schedule does not refer to minerals:

ADD. TRANSACTION    ON

PRIME CODE    XB.