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

Crown land restrictions current legislation

Also see Crown land restrictions - Repealed legislation page

Crown Lands Act 1989

s38    Restriction on sale of Crown land.  Requires Minister's consent to transfer.

s44    Restriction on lease of Crown land.  Requires Minister's consent to transfer, sub-lease, or any action specified.

s77B(1)(a)    Restriction on use preventing subdivision.  Requires Minister's consent for a plan of subdivision.

s77B(1)(b)    Restriction on use preventing a change of ownership of part of a folio.  Requires Minister's consent for any dealing changing ownership of less than all of the lots in the folio.

s102    For Reserve Trusts.  Requires Minister's consent to:

  • transfer, lease or mortgage
  • any dealing affecting a lease or mortgage and/or
  • grant or release of an easement.

Removed on registration of a transfer by the Reserve Trust.

s172    Land with boundaries to lakes, roads etc.  Minister's consent is not required.

Crown Lands (Continued Tenures) Act 1989

s16    No longer applies and will be removed with any dealing.

Part 1 Schedule 3    Minister's consent is required for:

  • a transfer of a Crown land tenure Lease, for exceptions
  • a sub-lease of a Crown land tenure Lease and
  • a variation of a Crown land tenure Lease or sublease.

Part 2 Schedule 3    Minister's consent is required for a transfer of the lease, for exceptions.

Part 3 Schedule 3    Minister's consent is required for a transfer of the build-up land separate from the basal land involving a Closer Settlement Lease (CSL), for exceptions. 

Note

If consent is given under Part 3 to transfer the basal land separate from the build-up land, Minister's consent is not required for any subsequent transfer of the basal land and the Registrar General's caveat is removed.

Schedule 4    Minister's approval in the form of an Action Affecting Crown Holding form 19MA creating a new tenure for the part is required before a transfer of part of an existing tenure can be registered.  For subdivision of a tenure.

Schedule 6    Forfeiture provisions.

Part 4 Schedule 7A    Minister's approval in the form of an Action Affecting Crown Holding form 19MA removing the restriction on subdivision is required before a transfer of part of the land can be registered.

Clause 17(4) Schedule 8    Deferred survey.  Forfeiture provisions apply. Removed after payment of purchase moneys by 19MA. Minister's consent is not required.

Forestry Act 2012

s34    Minister's consent required for a Perpetual Lease affected by dedication for state forest

Hay Irrigation Act 1902 (Hay area)

s21    (formerly s17A) Completed Purchase.  No longer applies.  Remove with any dealing.

Incomplete Purchase, Crown land tenure Lease, Real Property Act lease.  Requires the Minister for Lands consent to deal with the land or lease, except for a mortgage or discharge of mortgage, or a transfer to a statutory authority.

s25(2)(b)    Repealed.  Removed with any dealing.

s25(3)    Repealed.  Removed with any dealing.

Wentworth Irrigation Act 1890 (Curlwaa-Wentworth area)

s22B    Right of authority to dispose of land. Refer to SD31

s24    (formerly s22A) Completed Purchase.  No longer applies.  Remove with any dealing.

Incomplete Purchase, Crown land tenure Lease, Real Property Act lease. Requires the Minister for Lands consent to deal with the land or lease, except for a mortgage or discharge of mortgage, or a transfer to a statutory authority.

Western Lands Act 1901

s18FA    Restriction on subdivision.  Refer enquiries to Western Region.

s18G    WLL. Requires the Minister for Lands consent:

  • to transfer; and/or
  • for a transmission application where the applicant claims in a non-fiduciary capacity.

Removed on satisfaction of building condition by 13KR.

s38    WLL. Repealed.  Removed from the folio.