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

Exceptions to a registered caveat

Unless otherwise specified in the caveat, a caveat noted on a WAL folio does not prohibit the recording of:

  • those WAL dealings listed in s71F(2) Water Management Act 2000, i.e:
    • a Ministerial action
    • a transmission application by a fiduciary or non-fiduciary applicant
    • a notice of death, unless the caveat claims through the deceased joint tenant
    • the bankruptcy of a registered party
    • the annulment of bankruptcy of a registered party or
    • a transfer under power of sale by a mortgagee or chargee.
  • in relation to a mortgage or charge recorded or lodged in registrable form before the lodgment of the caveat, a WAL dealing effected by the mortgagee or chargee in the exercise of a power of sale or other power or a right conferred by the mortgage or charge or by or under law
  • in relation to a mortgage or charge to the recording of which the caveator has consented or in respect of the recording of which the caveat has lapsed, a WAL dealing effected by the mortgagee or chargee, including a WAL dealing effected in the exercise of a power of sale or other power or right conferred by the mortgage or charge or by or under law
  • a WAL dealing where an Order of a Court expressly directs or necessarily implies its registration
  • a WAL dealing effected in accordance with a provision of an enactment of the State of NSW or the Commonwealth, being an order or enactment which, expressly or by implication, requires or permits a recording to be made in the WAL Register, notwithstanding that the caveat is in force.

These exceptions are strictly observed and no other WAL dealings will be registered.  See s71F(3) Water Management Act 2000.

Staff processing information

For a Replacement Licence Certificate form W-12PV, the claim in the caveat must be examined for any implication, eg a statutory declaration stating that the WAL certificate is not in their possession is required from a caveator claiming as an unregistered mortgagee or chargee.