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

Statutory bodies

Area Health Services and Statutory Health Corporations

The Health Services Act 1997 constitutes as bodies corporate the following:

Area Health Services for:

  • Central Coast
  • Central Sydney
  • Far West
  • Greater Murray
  • Hunter
  • Illawarra
  • Macquarie
  • Mid North Coast
  • Mid Western
  • New England
  • Northern Rivers
  • Northern Sydney
  • South Eastern Sydney
  • South Western Sydney
  • Southern
  • Wentworth
  • Western Sydney and

Statutory health corporations

  • Corrections Health Service
  • The Gower Wilson Memorial Hospital, Lord Howe Island
  • The Royal Alexandra Hospital for Children
  • The Stewart House Preventorium, Curl Curl.

Area Health Services and statutory health corporations may deal with land in the usual manner. The usual lodgment fee is payable and the dealing must be marked by Revenue NSW where required. The dealing may be executed by the Chief Executive Officer or by an authorised officer (the full name and capacity must be stated), the seal is not required. The execution must be witnessed. See s135 Health Services Act 1997.

An ACN or ARBN is not required for Area Health Services or statutory health corporations. The ABN does not confer corporate status and is not required to be stated on a dealing.

State owned corporations

A State owned corporation, i.e. a statutory authority that has corporate status, may deal with land in the same manner as a company. The dealing (including a Water Access Licence dealing) will be registered as drawn if otherwise in order.

The following organisations are State owned corporations:

  • Advance Energy
  • Australian Inland Energy
  • Coleambally Irrigation Corporation
  • Delta Electricity
  • Energy Australia
  • Festival Development Corporation
  • Freight Rail Corporation
  • Great Southern Energy
  • Hunter Water Corporation Limited
  • Integral Energy Australia
  • Macquarie Generation
  • NSW Lotteries Corporation
  • Newcastle Port Corporation
  • NorthPower
  • Port Kembla Port Corporation
  • Rail Infrastructure Corporation
  • State Property Authority
  • Superannuation Administration Corp.
  • Sydney Olympic Park Authority
  • Sydney Ports Corporation
  • Sydney Water Corporation Limited
  • Transgrid.

All dealings involving a State owned corporation must be executed by an authorised officer, the capacity must be stated and the signature must be witnessed.

An ACN or ARBN is not required for a State owned corporation. The ABN does not confer corporate status and is not required to be stated on a dealing.

Note  'The Minister Administering the Environmental Planning and Assessment Act 1979' is a State owned corporation for the purpose of dealing with land. The dealing may be executed:

  • in a manner similar to that for a company or
  • by an authorised officer, the capacity must be stated and the signature must be witnessed.

Statutory authorities

A statutory authority may be:

  • the Crown, ie identified as:
    • The State of New South Wales, where the land is Crown land or
    • Her Majesty Queen Elizabeth the Second on behalf of a Minister responsible for an estate or interest held by a government department or authority; or
  • a public or local authority constituted by an Act, e.g. a Local Council.

A dealing in favour of Her Majesty Queen Elizabeth the Second on behalf of a responsible Minister is usually drawn in the name of, and registered, to show Her Majesty Queen Elizabeth the Second and the title of the Minister's portfolio and the relevant department or authority, e.g:

'Her Majesty Queen Elizabeth the Second (the Minister for Police and Emergency Services for the Police Department)'.

Note  In the case of a dealing in favour of the Commonwealth of Australia, the notification should refer to the relevant department or authority, e.g. 'Commonwealth of Australia (National Ports Authority)'.

All dealings involving a statutory authority, except for a Local Council, must be executed by an authorised officer, the capacity must be stated and the signature must be witnessed. See execution requirements for a dealing involving a Local Council page.

An ACN or ARBN is not required for a statutory authority. The ABN does not confer corporate status and is not required to be stated on a dealing.

For a transfer, or transfer and surrender, to Her Majesty Queen Elizabeth the Second or The State of New South Wales.

Note  All dealings involving the Infrastructure Implementation Corporation (IIC) must be accompanied by a copy of the project authorisation order or evidence must be furnished to show that the action taken is pursuant to a project authorisation order.