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

Caveats and WAL dealings

A caveat is effective from the time of lodgment.

A caveat does not prohibit the registration of any matter in relation to the WAL if the matter was lodged for registration before the caveat was lodged.

A WAL dealing is in 'registrable form' if:

  • it is in NSW LRS and not uplifted
  • requires no material correction, alteration or addition
  • is accompanied by an authority to use the WAL certificate for registration purposes if required
  • is in the approved form and
  • the prescribed fees have been paid.

See Schedule 1A Part 1 Clause 2(2) Water Management Act 2000.

Staff processing information

Where a caveat is connected to an earlier lodged WAL dealing which is not in order for registration the caveat will not prohibit the registration of the earlier lodged dealing. Conversely where a WAL dealing is connected to a caveat , the case must be submitted to the Administrative Officer (Practice) DRD2 for consideration of whether the caveat prohibits the registration of the WAL dealing, and whether the WAL dealing will activate the lapsing notice process.