Requisitions
The following applies to Torrens Title land and Water Access Licences.
A requisition is a letter raised against a lodgment case setting out issues that need to be addressed by the lodging party before the case can proceed for further examination and registration. Requisitions can be raised electronically in the NSW LRS business system used for lodgment and processing of documents or may be raised manually using a form letter on NSW LRS letterhead.
Requisitions are usually given two months to be satisfied. Where requisitions are not satisfied within that time an automatic 28 day reminder notice is sent.
If a lodging party is having difficulty satisfying a requisition, they may request an extension of time in writing detailing the reasons for that request. The request is to be emailed to dealinginquiry@nswlrs.com.au within the requisition timeframe. Extensions can be granted up to three times for a month at a time.
Delivery of Requisitions
Requisitions are delivered to the email address of the lodging party. If no email is supplied, then requisitions are delivered to the postal address of the lodging party or their NSW LRS document collections box.
A lodging party must ensure their address details are correct and kept up to date.
See Correspondence and delivery page for more information.
Requisition Fees
When a requisition is raised, a separate requisition fee invoice will be forwarded to the lodging party.
Subsequent requisitions that may be raised in response to action taken by the lodging party to alter a document may attract a new requisition fee.
Inquiries regarding clarification of requisitions may be emailed to dealinginquiry@nswlrs.com.au personally addressed to the Customer Service Officer, Dealing Inquiry. This may result in the requisition being waived and fees refunded.
Requisition Review Process
A request to waive a requisition sent in relation to a dealing, application, or caveat must be made by the lodging party. The lodging party must fill out the Request for Review of Requisition form.
The form is to be emailed to dealinginquiry@nswlrs.com.au within the requisition timeframe and before registration of the document.
If the review is successful, the requisition will be waived and the fee will be cancelled/refunded. The lodging party will be notified of the outcome. All requisitions raised in a letter will need to be waived before the fee is cancelled/refunded.
Satisfaction of a Requisition for an Electronic Dealing
If an electronic dealing only requires a minor alteration, the requisition may be satisfied by amending the electronic dealing provided to you in the initial requisition email. Please consider the following when making alterations:
- a dealing, caveat or instrument that requires a minor alteration after a requisition has been received will be required to be altered and re-submitted
- alterations must be made by striking through the matter intended to be altered and not by rubbing, scraping or cutting the surface of the paper or by using correction fluid
- signatures or initials noting alterations by interlineation or the striking through of matter must be placed in the margin as near as practicable to the alteration
- in addition, the name of the person noting the alteration must be printed in cases where:
- the person initials an alteration, or
- the person notes an alteration by signature, but the person’s name cannot be clearly ascertained
- the date of the alteration must be included.
If an electronic dealing does not meet the requirements of section 36 of the Real Property Act 1900 the dealing cannot be amended. The dealing must be withdrawn, and a new dealing must be lodged through an Electronic Lodgment Network Operator (ELNO).
Satisfaction of a Requisition for a manually lodged Document
The lodging party is responsible for all requisitions raised. Only a lodging party or their representative with written authorisation is allowed to uplift or otherwise gain access to documents in a lodgment case. A lodging party must attend the NSW LRS Lodgment Office between 8.30am and 4.30pm Monday to Friday to uplift/relodge a paper document(s) and/or otherwise address requisitions. Any enquiries regarding a requisition should be emailed to dealinginquiry@nswlrs.com.au or made in person at the time of uplift at NSW LRS Lodgment Office. Alternatively, you may call the NSW LRS Call Centre on 1300 052 637.
If all requisition items are not addressed and issues rectified within the allowed three months or extension period, the case will be forwarded for rejection. All lodgment fees are expended by the examination process and will be forfeited if a case is rejected.
Dealings lodged through Bulk Lodgment that cannot be accepted for lodgment
Where a dealing presented through the Bulk Lodgment facility is not able to be entered into the NSW LRS business system used for lodgment and processing of documents it will be deemed unacceptable for lodgment. All documents and associated paperwork affecting the particular case will be returned to the lodging party through their NSW LRS Document Collection Box or by post together with a covering letter detailing why the lodgment was not accepted.
Dealings lodged in Person
Where a Water Access Licence or Determination of Title Boundary dealing presented in person at the Lodgment Office is found to be not in order for registration it may not be accepted for lodgment. The lodging party will be informed of the nature of any requisitions and may take the documents away for rectification.
NOTE: Personal Lodgment does not provide a pre-examination service.
Where a Water Access Licence or Determination or Title Boundary dealing accepted for lodgment in the Lodgment Office is found to be not in order for registration a requisition will be raised and emailed to the lodging party for review and rectification.