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

Attorney

Land dealings

The following applies to Real Property Act dealings and the General Register.

An attorney may sign for either party, whether that party is an individual, a company or a statutory authority, but not where the party is a trustee or a director/secretary of a company, see s10 Powers of Attorney Act 2003. The power of attorney may be made in any state or country but must be registered in the General Register of Deeds in NSW LRS, where the attorney executes:

  • a dealing, or document involving land, except for a lease with a term that does not exceed 3 years including any option of renewal, see s52 Powers of Attorney Act 2003 and
  • share transactions in accordance with Australian Stock Exchange practice. 

Execution by a person as attorney for a party (including a company) must include:

  • the registration number, i.e. 'Book ... No. ...' of the power of attorney
  • the attorney's name
  • a statement that the person signing is the attorney for the party and
  • the attorney's signature must be witnessed in the usual manner.

Execution by a company as the attorney for a party must include:

  • the registration number, i.e. 'Book ... No. ...' of the power of attorney
  • the attorney's name
  • a statement that the company is the attorney for the party and
  • the dealing or document must be executed in the usual manner for a company, i.e. with or without the company seal.

An attorney must act in the best interests of the party.

The registered power of attorney must be investigated where doubt exists.

Water access licence dealings

The following applies to Water Access Licence dealings.

An attorney may sign for either party, whether that party is an individual, a company or a statutory authority, but not where the party is a trustee or a director/secretary of a company, see s10 Powers of Attorney Act 2003. The power of attorney may be made in any state or country and may be registered in the General Register of Deeds in NSW LRS.

Registration of the Power of Attorney is not mandatory for the Attorney to deal with a Water Access Licence.

If the Power of Attorney is registered in the General Register of Deeds, execution by a person as attorney for a party (including a company) must include:

  • the registration number, i.e. 'Book ... No. ...' of the power of attorney
  • the attorney's name
  • a statement that the person signing is the attorney for the party and
  • the attorney's signature must be witnessed in the usual manner.

If the Power of Attorney is registered in the General Register of Deeds, execution by a company as the attorney for a party must include:

  • the registration number, ie "Book ... No. ..." of the power of attorney
  • the attorney's name
  • a statement that the company is the attorney for the party and
  • the dealing or document must be executed in the usual manner for a company, i.e. with or without the company seal.

If the power of attorney is not registered in the General Register of Deeds, execution by the attorney is as set out above, but in place of a registration number, the authority of execution will be 'Power of Attorney dated DD/MM/YYYY'. A certified copy of the power of attorney must be lodged with the Water Access Licence dealing. An attorney must act in the best interests of the party.

Any power of attorney must be investigated where doubt exists.

Staff processing information

This information applies to both land and WAL dealings.

A dealing or document where the power of attorney appears to have been exercised for the benefit of the attorney must be referred to Legal through the Senior Examining Officer.