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

Aboriginal bodies

Aboriginal Associations

An aboriginal association does not have an ACN; instead it has a registration number.

A dealing by an aboriginal association must be executed in accordance with Section 22, Associations Incorporation Act 2009 (NSW). Use this link for more information on execution by an Aboriginal Association. 

For more information visit the NSW Fair Trading website.

Aboriginal Corporations

An aboriginal corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) may or may not have an ACN.

These corporations have an ICN (Indigenous Corporation Number)

A dealing by such a corporation must be executed:

  • in accordance with clause 99-5 Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), or
  • pursuant to a resolution of the board of directors (a copy of the minutes of the relevant meeting must accompany the dealing; the copy need not be certified), or
  • in accordance with the constitution of the corporation (the provision of the constitution relied on must be cited on the dealing and a copy of the constitution must accompany the dealing; the copy need not be certified).

Fore more information visit the website of the Office of the Registrar of Indigenous Corporations.

Aboriginal Corporations Incorporated with ASIC under the Corporations Act 2001 (Cth) have an ACN.

Search www.asic.gov.au   

Execution is the same as other corporations incorporated under the Corporations Act 2001 (Cth)

  • Pursuant to s.127 of the Corporations Act 2001 (Cth).
  • In accordance with a company resolution with the minutes of meetings attached.
  • In accordance with a company’s constitution and provide a copy of the relevant clause of the constitution.

An incorporated association may execute a Real Property Act dealing, a Water Access Licence dealing or a deed for registration in the General Register either:

  • using a common seal provided the affixing of the seal is witnessed by two of the association's authorised signatories, or
  • without using a common seal provided the dealing or deed is signed by two of the association's authorised signatories.

The capacity of the persons witnessing the affixing of the seal or signing must be stated.

Authorised signatories are:

  • the association's public officer, and
  • such members of the association's committee who have been appointed by the committee to be authorised signatories pursuant to s36 Incorporated Associations Act 2009.

Deregistered Aboriginal Corporations

The Registrar of Aboriginal and Torres Strait Islander Corporations can execute a dealing on behalf of a deregistered Aboriginal and Torres Strait Islander Corporation under (s 546.30 of the C(ATSI)A 2006).

Aboriginal Housing Office

The Aboriginal Housing Office may lodge a Request form 11R to record a restriction on all dealings pursuant to s21 Aboriginal Housing Act 1998 (NSW).  

A dealing by the Aboriginal Housing Office must be executed:

  • pursuant to s.40 of the Aboriginal Housing Act 1998 (NSW) under common seal and signed by the Director-General, or
  • pursuant to s.40 of the Aboriginal Housing Act 1998 (NSW) under common seal and signed by a person authorised by the Director-General who is a member of the Aboriginal Housing Office.  For example “authorised officer”, “board member”, “authorised by the Director-General”, “member of staff authorised by the Director-General”.  A copy of the authorisation/delegation does not need to be provided.
  • pursuant to s.17 of the Aboriginal Housing Act 1998 (NSW) by a delegate or authorised officer not under company seal. A copy of the delegation/authorisation is not required because DRD2 has a copy of it. The person’s name, signature, and the words “delegate” is acceptable. Alternatively, the person’s name, signature, and the words “authorised officer” is acceptable.

For all dealings affecting a folio subject to s21 Aboriginal Housing Act 1998 excepting Changes of Name, the Aboriginal Housing Office must:

  • consent in writing to the dealing or
  • indicate that the dealing is exempt or
  • prepare a Request form 11R to cancel the restriction.

Note  Where consent is endorsed on the transfer and the transfer is to an entity other than another aboriginal association the restriction pursuant to s21 Aboriginal Housing Act 1998 (NSW) may be removed.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [91.300].

Staff processing information

Refer all dealings to SD31

SD31 - Registration procedure

ON BHA 

New South Wales Aboriginal Land Council/Local Aboriginal Land

Under the provisions of the Aboriginal Land Rights Act 1983 (NSW) land may be vested in:

  • the New South Wales Aboriginal Land Council, or
  • a Local Aboriginal Land Council.

The NSW/Local Aboriginal Land Council may also:

  • acquire land by claim, purchase, gift, demise or bequest, see Part 6 Aboriginal Land Rights Act 1983 (NSW); and
  • deal with land subject to requirements of the Aboriginal Land Rights Act 1983 (NSW).

Land acquired by the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council is subject to certain restrictions on dealings and conditions contained in Memorandum No. AF395175 registered with NSW LRS. Land subject to native title will also be subject to the restriction on dealings imposed by section 42 of the Aboriginal Land Rights Act 1983 (NSW). Reference to the appropriate restrictions and conditions is recorded in the second schedule, usually by one of the following notifications:

“Subject to conditions in Memorandum AI55778. Restrictions on dealings and plans – see Part 2, Division 4 Aboriginal Land Rights Act 1983 (This is not affected by section 42) Any dealing or plan must be accompanied by a Registration Approval Certificate or statement of non requirement.”

“Subject to conditions in Memorandum AI55778. Restrictions on dealings and plans – see Part 2, Division 4 and section 42 Aboriginal Land Rights Act 1983. Approved determination of Native Title is required. Any dealing or plan must also be accompanied by a Registration Approval Certificate or statement of non requirement.”

 

For more information see:

Dealings Involving the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council
Acquisition of Land by the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council

Staff processing information

WARNING   Refer all plans to the Legal Division. Refer all dealings, including caveats, to SD31 and then to the Legal Division.