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

Local councils

The following sets out the rules for execution of dealings by a Council.

These rules also apply to Water Access Licence dealings and Old System deeds.

See s.377 and s.378 Local Government Act 1993.

An administrator appointed under section 256 Local Government Act 1993 exercises all the functions of the Council: section 258(1)(6) Local Government Act 1993.

The dealing must be executed either:

  • under the Councils seal, or
  • by an attorney under power of attorney
  • by an authorised delegate.

Note: A solicitor, barrister or licensed conveyancer may sign on behalf of the council where the council is benefiting from the dealing.

Where the council signs pursuant to a resolution being passed the relevant section of the ‘Local Government Act 1993 ’must be stated.

Under the Councils seal

The affixing of the seal must be attested by:

  • the general manager and the mayor, or
  • the general manager and at least one councillor, or
  • the mayor and at least one councillor, or
  • at least two councillors.

See Clause 400 Local Government (General) Regulation 2005.

The name & capacity of the persons attesting the affixing of the seal must be stated.

By Power of Attorney

A suggested form of words is:

(name of Council) by its Attorney (name of Attorney) pursuant to Power of Attorney Book……. Number…….. in the presence of:

                                                                                                               (Signature of Attorney)

                                                                                                               (Name of Attorney)

I certify that I am an eligible witness and that the Attorney signed in my presence

(Signature of Witness)

(Name of Witness)

(Address of Witness) 

By an authorised delegate

A suggested form of words is:

(name of Council) by its authorised delegate pursuant to [insert relevant section] Local Government Act 1993

                                                                                                               (Signature of delegate)  

                                                                                                               (Name of delegate)

I certify that I am an eligible witness and that the delegate signed in my presence

(Signature of Witness)                                                                                      

(Name of Witness)                                                                                              

(Address of Witness)

Alternatively when using interactive forms the ‘Authorised officer of a company or of a government department or authority’ option from the list of forms of execution may be selected.  The use of the word ‘officer’ in lieu of ‘delegate’ is acceptable. The applicable authority of the officer being either ‘s.377 Local Government Act 1993 ’ or  ‘s.378 Local Government Act 1993 ’ must be stated.

An eligible witness is a person who has known the authorised delegate for more than 12 months or who has sighted identifying documentation.

It is a matter for Council to make sure that an authorised delegate actually has the requisite authority to sign on behalf of Council. The Registrar General is entitled, under section 36(3) of the Real Property Act 1900, to assume that the signature by the authorised delegate is properly authorised by Council.

Consenting to a dealing

The consent may be:

  • endorsed on the dealing, or
  • embodied in a separate document annexed to the dealing.

 It must be signed by:

  • an authorised delegate(the authorised  delegate’s capacity must be stated and the signature must be witnessed), or
  • a solicitor for the Council (the solicitors capacity must be stated but the signature need not be witnessed).