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

The following applies to Real Property Act dealings, Water Access Licence dealings and the General Register.

Prescribed authorities

A dealing or document involving a prescribed authority, except for a Local Council, must be executed by an authorised officer, the capacity must be stated and the signature must be witnessed. The instrument of delegation is not required.  See execution by a Local council.

State owned corporations

A dealing or document involving a State owned corporation must be executed by an authorised officer, the capacity must be stated and the signature must be witnessed. The instrument of delegation is not required. See s50 Interpretation Act 1987.

Statutory authorities

A dealing or document 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. The instrument of delegation is not required. See execution by a Local council.

Rural Assistance Authority

A dealing or document involving the NSW Rural Assistance Authority may be executed:

  • by an authorised officer, the capacity must be stated and the signature must be witnessed. The instrument of delegation is not required or
  • the affixing of the seal of the NSW Rural Assistance Authority must be attested by the Chief Executive or an authorised officer. The instrument of delegation is not required. See s47 Rural Assistance Act 1989.