Part 1 Preliminary
1 Name of Regulation
This Regulation is the Conveyancing (General) Regulation 2003.Note—This Regulation replaces the Conveyancing (General) Regulation 1998 which is repealed on 1 September 2003 under section 10 (2) of the Subordinate Legislation Act 1989.
2 Commencement
This Regulation commences on 1 September 2003.
3 Definitions
In this Regulation:approved means approved for the time being by the Registrar-General.deeds index particulars form means an approved form setting out the particulars of or relating to an instrument that is signed and lodged for registration under section 184D (1) of the Act.deposited plan means a plan (other than a strata plan) lodged for registration or recording in the office of the Registrar-General.identified document means a document specified for the purposes of section 203A of the Act in clause 55.plan of survey means a formal land survey plan within the meaning of the Surveying Act 2002.register of plans means the register of plans kept by the Registrar-General that includes plans registered under Division 3 of Part 23 of the Act and strata plans registered under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.roads plan means a plan prepared for the purpose of the acquisition, opening or closing of one or more roads.section 88B instrument means an instrument of a kind that:(a) under clause 31, is required to accompany a deposited plan that creates an easement, profit à prendre, restriction or positive covenant, orunder section 88B of the Act, and includes a section 88B instrument within the meaning of the Strata Schemes (Freehold Development) Regulation 2002 or the Strata Schemes (Leasehold Development) Regulation 2002.(b) under clause 32, is required to accompany a deposited plan that releases an easement or profit à prendre,signatures form means an approved form for signatures used in connection with the lodging of a plan.strata plan means a strata plan, a strata plan of subdivision, a strata plan of consolidation or a building alteration plan within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.the Act means the Conveyancing Act 1919.
Part 2 The General Register of Deeds
4 Registration of instruments generally
(1) An instrument that is lodged for registration in the General Register of Deeds must be accompanied by:(a) a registration copy of the instrument or a request that a registration copy of the instrument be prepared by the Registrar-General, and(b) a completed deeds index particulars form that includes the certificate referred to in section 184D (3) of the Act, and(c) the relevant fee as set out in Schedule 1, and(d) a completed statement of the title particulars in the approved form, if required by the Registrar-General, and(e) a completed notice of sale in the approved form, if required by the Registrar-General.(2) In the case of a bill of sale that is lodged for registration:(a) the affidavit required by section 4 (1) of the Bills of Sale Act 1898 must appear on the same document as that on which the bill of sale is written or, if the bill of sale is accompanied by a registration copy that is not a photocopy of the bill of sale, on the same document as that comprising the registration copy, and(b) the statutory declaration required by section 5A (1) of the Bills of Sale Act 1898 must, in accordance with the requirements of section 5A (2) of that Act, be annexed to or endorsed on the same document as that on which the bill of sale is written, and(c) a photocopy of the bill of sale may be lodged as a registration copy so long as:(i) the affidavit referred to in paragraph (a) appears on the same document as that on which the bill of sale is written, and(ii) the photocopy is of an acceptable standard to the Registrar-General, and(iii) each page of the bill of sale is photocopied on a separate sheet, and(d) the bill of sale is accompanied by a completed deeds index particulars form that includes the certificate referred to in section 184D (3) of the Act.(3) This clause does not apply to the registration of writs, court orders or legal proceedings under section 186 of the Act, the registration of notices of resumption under section 196A of the Act or the registration of notifications of compulsory acquisition under a Commonwealth Act.
5 Registration of writs, court orders or legal proceedings
(1) An application for registration of a writ, court order or legal proceeding in the General Register of Deeds under section 186 of the Act must be in the approved form and must be accompanied by:(a) the original or a copy of the writ, court order or legal proceeding, and(b) a completed deeds index particulars form that includes the certificate referred to in section 184D (3) of the Act, andand may also be accompanied by a registration copy of the writ, court order or legal proceeding concerned.(c) the relevant fee as set out in Schedule 1,(2) For the purposes of section 186 (2) of the Act, the prescribed manner in which registration of a writ, order or current legal proceeding in the General Register of Deeds is to be renewed is by means of an application in the approved form accompanied by the relevant fee as set out in Schedule 1.
6 Registration of notices of resumption
A notice of resumption that is lodged for registration in the General Register of Deeds under section 196A (3) (a) of the Act:(a) must be in the form of Form 1 as set out in Schedule 2 (executed by the resuming authority or by an agent appointed by the resuming authority to execute the notice on its behalf), and(b) must be accompanied by:(i) a completed deeds index particulars form that includes the certificate referred to in section 184D (3) of the Act, and(ii) the relevant fee as set out in Schedule 1, and(iii) a completed notice of sale in the approved form, if required by the Registrar-General.
7 Production of instrument etc and copy
(1) An instrument that is lodged for registration in the General Register of Deeds (including any accompanying application and any registration copy of the instrument or application):(a) must have endorsed on it the name, address and delivery box number (if any) of the person by whom or on whose behalf it is lodged, and(b) must be produced in such manner as may be approved at the office of the Registrar-General.(2) Documents that are lodged for registration must not be bound together except by means of a pin, staple or split pin or other similar means acceptable to the Registrar-General.
8 Certificate to accompany instrument for registration
For the purposes of section 184D (3) of the Act, the certificate to accompany an instrument for registration must be signed by:(a) the person lodging the instrument, or(b) a party to the instrument, or(c) a solicitor or agent acting for the person lodging, or a party to, the instrument.
9 Instruments to comply with Schedule 3 requirements
An instrument lodged for registration in the General Register of Deeds (including any accompanying application and any registration copy of the instrument or application) must comply with the requirements set out in Schedule 3.
10 Plans and diagrams to comply with Schedule 3 requirements
The registration copy of a plan or diagram annexed to an instrument or, if no registration copy is lodged, the plan or diagram from which a registration copy is to be prepared by the Registrar-General:(a) must comply with the requirements set out in items 3, 4, 6, 7 and 9–13 of Schedule 3, and(b) must have all line work, dimensions, hatchings and notations in dense black ink, and(c) must not have on it any coloured ink, and(d) must have margins of not less than 10 mm on the top, bottom and sides.
11 Allocation of distinctive references to instruments
For the purposes of section 184E (1) of the Act, the Registrar-General is to allocate a distinctive reference to an instrument by placing the distinctive reference and the Registrar-General’s seal on the original instrument and on the registration copy (if any) of the instrument.
12 Vacation of registration
For the purposes of section 190A (3) of the Act, an application for vacation of a registration under Division 2 of Part 23 of the Act must:(a) be made in the approved form, and(b) be accompanied by the relevant fee as set out in Schedule 1.
Part 3 Register of plans
Division 1 General
13 Electronic signatures, seals and certificates
In this Part, a reference to a signature, seal or certificate means, in respect of a plan that is allowed by the Registrar-General to be lodged electronically, a signature, seal or certificate that is provided in an approved electronic form.
14 Particulars of deposited plans to be recorded
The Registrar-General is to record in the register of plans particulars of all deposited plans registered or recorded under Division 3 of Part 23 of the Act.
15 Certain deposited plans to be plans of survey
(1) A deposited plan containing 5 lots or more must be in the form of a plan of survey unless the Registrar-General otherwise permits.(2) A deposited plan containing 4 lots or less must be in the form of a plan of survey if the Registrar-General so requires.
16 Numbering of parcels
(1) All parcels of land (including parcels intended for public reserves and drainage reserves, but excluding public roads) must be numbered consecutively in strict numerical sequence, using no more than 4 numerals for each parcel number.(2) Parcels must not be identified by reference to a “section” or “block”.(3) The complete dimensions (including area) of each parcel must be shown.(4) Each deposited plan must include (if required by the Registrar-General) a table indicating the street address of each parcel shown in the plan.
17 Other information on plans
(1) The following matters must be shown in the relevant spaces of the information panels of a deposited plan:(a) the purpose of the deposited plan and a short description of the land,(b) the local government area, town or other locality, parish and county,(c) certificates, signatures, seals and other information, except where they are provided on a signatures form that complies with the requirements set out in Schedule 4.(2) In the case of a plan of subdivision for lease purposes (within the meaning of Division 3B of Part 2 of the Act), the plan must be endorsed by a subdivision certificate that states that the plan is a plan of subdivision for lease purposes, except where the certificate is provided on a signatures form that complies with the requirements set out in Schedule 4.(3) In the case of a plan of subdivision for lease purposes (within the meaning of Division 3C of Part 2 of the Act), the plan must be endorsed by a subdivision certificate that states that the plan is a plan of subdivision for forestry lease purposes, except where the certificate is provided on a signatures form that complies with the requirements set out in Schedule 4.
18 Plans lodged for registration as deposited plans to comply with Schedule 5 or 6 and 8
(1) A plan lodged by hand for registration at the office of the Registrar-General as a deposited plan must comply with the requirements set out in Schedule 5.(2) Where the Registrar-General permits a plan to be lodged electronically for registration as a deposited plan:(a) the plan must comply with the requirements set out in Schedule 6, and(b) if other documents are lodged with it, the other documents must also be lodged electronically and the requirements set out in Schedule 8 must be complied with, except in the case of any documents referred to in clause 22 (5).
19 Particulars on a deposited plan which is a plan of survey
(1) A deposited plan which comprises a plan of survey must contain the following particulars:(a) references to any marks of former surveys used, or in respect of which connections are shown, and the recorded numbers of the plans of those surveys,(b) the widths of all roads indicated in the plan and of their footways and carriageways if defined by alignment,(c) information sufficient to indicate that the external boundaries have been properly established and do not include any part of adjoining properties or roads,(d) the present name of every road shown in the plan.(2) If the name of a road shown in the plan differs from that shown on the cadastral record referred to in subclause (3), the plan must be accompanied by a letter from the appropriate authority confirming the change of name and the extent of the change.(3) The Registrar-General is to maintain a cadastral record, being a record of mapping and titling information referenced to the Digital Cadastral Database (DCDB) in which the locations and, where appropriate, names of roads are identified for the purposes of this clause
20 Particulars on a deposited plan which is not a plan of survey
A deposited plan which does not comprise a plan of survey must contain the following particulars:(a) sufficient connections to locate each parcel comprised in the plan,(b) a statement identifying the source of the information from which the plan has been compiled,(c) the signature of the surveyor or other person who prepared the plan, except where it is provided on a signatures form that complies with the requirements set out in Schedule 4,(d) the date of preparation of the plan.
21 Lodgment of plans by hand
(1) A person lodging a plan by hand for registration in the office of the Registrar-General must produce the plan at that office in such manner as may be approved.(2) The original plan must be accompanied by:(a) a completed plan lodgment form in the approved form, and(b) a completed statement of the title particulars in the approved form, if required by the Registrar-General, and(c) one print of each sheet of the plan (each sheet being a positive reproduction on a light background), and(d) the relevant fee as set out in Schedule 1, and(e) a completed plan checklist in the approved form, if required by the Registrar-General, and(f) such certificates of titles, and such instruments as the Registrar-General may require, and(g) a signatures form, if adopted, that complies with the requirements set out in Schedule 4.(3) The print of each sheet of the plan lodged must contain particulars of the subdivision certificate, where required, under an original signature of the person who gave that certificate.
22 Lodgment of plans electronically
(1) An approved person lodging a plan electronically for registration in the office of the Registrar-General must lodge the plan in accordance with the e-plan system or otherwise with the consent of the Registrar-General.Note—The e-plan system is explained in section 195AA of the Act.(2) Plan lodgment details must be provided in the manner required by the Registrar-General.(3) The electronic data file containing the plan in electronic form must be accompanied by electronic data files containing in electronic form:(a) a completed signatures form and such other instruments and data as the Registrar-General may require, and(b) a completed plan checklist in the approved form, if required by the Registrar-General.(4) The relevant fee as set out in Schedule 1 must be paid in the manner and by the time specified by the Registrar-General.(5) The following original documents may not be lodged electronically but must be produced and lodged by hand at the office of the Registrar-General or in some other manner (not being electronically) specified by the Registrar-General:(a) such certificates of title, deeds, office copies of court orders, powers of attorney and statutory declarations as the Registrar-General may require,(b) a completed statement of title particulars in the approved form, if required by the Registrar-General,(c) a primary application and associated documents, if required by the Registrar-General,(d) such consents in writing to the registration of the plan signed by a lessee, caveator, judgment creditor or other person, as may be required by the Registrar General,(e) any other original documents that may be required by the Registrar-General.
23 Miscellaneous plans: section 195
For the purposes of paragraph (c) of the definition of miscellaneous plan in section 195 (1) of the Act, the following matters are prescribed as matters which, if shown on a plan, constitute the plan as a miscellaneous plan:(a) matter indicating the site of an easement, profit à prendre, restriction or positive covenant to be created under section 88B of the Act,(b) matter indicating the site of an easement or profit à prendre to be released under section 88B of the Act,(c) matter indicating minor adjustments to the boundaries of development lots and association property within the meaning of the Community Land Development Act 1989 in such a manner as to constitute the plan as a boundary adjustment plan within the meaning of that Act,(d) matter indicating a division of land effected prior to 1 July 1920 by the erection of structures (such as buildings, walls and fences), being matter that states:(i) that the various parts of the land so divided are separately rateable under the Local Government Act 1993, and(ii) that the structures that are currently on the land are in the same position as were the structures by which the division of land was effected.
24 Plans of identification: section 195
For the purposes of paragraph (i) of the definition of plan of identification in section 195 (1) of the Act, the following plans are plans of identification:A plan supporting a primary application to bring land under the provisions of the Real Property Act 1900, being land in respect of which the applicant claims to have acquired title wholly or partly by adverse possession.
Division 2 Signatures form
Note—
If a plan is lodged by hand but the signatures and consents required are not endorsed on the plan, or the plan is lodged electronically, the signatures and consents required must be endorsed on the form approved by the Registrar-General for signatures (the signatures form) and that form must be lodged in the same way as the plan (see section 195D (2A) of the Act).
25 Content of the signatures form
(1) The signatures form must repeat the plan heading and the surveyor’s reference in the appropriate panels on each sheet of the approved form.(2) The signatures form must repeat any statement of intention to dedicate a public road (including a temporary public road) under the Roads Act 1993 or to create a public reserve or drainage reserve under the Local Government Act 1993, as indicated on the plan, in the panel provided on the approved form.(3) The signatures form must contain all the certificates required by the Registrar-General, endorsed in the appropriate panels on the approved form.
26 Signatures form to comply with Schedule 4 or Schedules 4 and 7 requirements
(1) A signatures form that is lodged by hand at the office of the Registrar-General must comply with the requirements set out in Schedule 4.(2) A signatures form may be lodged electronically only if:(a) the plan to which it relates is also lodged electronically, and(b) the signatures form complies with the requirements set out in Schedule 4 and is lodged in accordance with the requirements set out in Schedule 7.
27 Refusal to accept a signatures form
The Registrar-General may refuse to accept a signatures form that, in the Registrar-General’s opinion, does not comply with or is not lodged in accordance with this Division.
28 Registration of a signatures form
On registration of a deposited plan that is accompanied by a signatures form, the signatures form is to be registered in the register of plans.
Division 3 Deposited plans affecting interests in land
29 Indication of site of proposed easement or variation of site of existing easement
(1) A notation referring to an intention to create or release an easement or profit à prendre, or to create a restriction or positive covenant, must not be entered on a deposited plan unless it is intended that it is to be created or released pursuant to section 88B of the Act.(2) However, a deposited plan may designate the site of a proposed easement, profit à prendre, restriction or positive covenant that is intended to be created (otherwise than by registration of the plan) by an instrument of grant or reservation, or the proposed varied site of an existing easement or profit à prendre that is intended to be varied by an instrument of variation, if:(a) the designation of the site of the proposed easement, profit à prendre, restriction or positive covenant, or of the proposed variation of existing easement or profit à prendre, includes the word “proposed” or an abbreviation of that word, and(b) no other statement of the intention to create or vary the easement or profit à prendre, or to create the restriction or positive covenant, is entered elsewhere on the plan.(3) For the purposes of section 88B of the Act, the designation of the site of a proposed easement, profit à prendre, restriction or positive covenant in accordance with subclause (2) is not taken to indicate in the prescribed manner an intention to create an easement, profit à prendre, restriction or positive covenant.(4) A notation referring to the proposed varied site of an existing easement or profit à prendre must not be entered on a deposited plan unless it is intended that the easement or profit à prendre is to be varied pursuant to section 47 (5A) of the Real Property Act 1900.
30 Indication of dedication of public roads or creation of reserves
(1) In a deposited plan which, on registration, is intended to dedicate a public road (including a temporary public road) under the Roads Act 1993 or to create a public reserve or drainage reserve under the Local Government Act 1993, the statement of intention to dedicate the road or to create the reserve must be legibly printed in the panel provided on the approved form.(2) The signatures form, if adopted, that accompanies the plan must repeat the statement of intention to dedicate in the panel provided on the signatures form.
31 Indication of creation of easements
(1) In a deposited plan which, on registration, is intended to create an easement, profit à prendre, restriction or positive covenant pursuant to section 88B of the Act:(a) a statement of intention to create the easement, profit à prendre, restriction or positive covenant must be legibly printed in the panel provided on the approved form, and(b) the site of an easement must be indicated in the plan-drawing area of the approved form with sufficient indication of the nature of the easement to distinguish it from any other easement intended to be created on registration of the plan, and(c) if an easement is limited in height or depth, the levels of the limits must be related to Australian Height Datum (AHD) as defined in the Surveying Act 2002.(2) A statement of intention referred to in subclause (1) (a) must neither incorporate the text of the easement, profit à prendre, restriction or positive covenant nor specify the lots intended to be benefited and burdened.(3) The deposited plan must be accompanied by a section 88B instrument that complies with Division 4.
32 Indication of release of easements
(1) In a deposited plan which, on registration, is intended to release an easement or profit à prendre (in respect of some or all of the land to which it formerly applied) pursuant to section 88B of the Act:(a) a statement of intention to release the easement or profit à prendre must be legibly printed in the panel provided on the plan form, and(b) sufficient information must be shown on the plan, or included in the relevant section 88B instrument, to indicate the extent of the release.(2) The deposited plan must be accompanied by a section 88B instrument that complies with Division 4.
Division 4 Section 88B instruments
33 Form and content of section 88B instruments
(1) A section 88B instrument is to be in the approved form.(2) The instrument must repeat each statement of intention to create an easement, profit à prendre, restriction or positive covenant in the same form (and, where there is more than one statement of intention, in the same order) as set out in the information panel in the relevant plan form.(3) The instrument must repeat each statement (if any) of intention to release an easement or profit à prendre in the same form (and, where there is more than one, in the same order) as set out in the information panel in the relevant plan form.(4) The instrument must contain, after each statement, a schedule setting out the lot numbers of the lots burdened by the easement, profit à prendre, restriction or positive covenant (numbered individually and in numerical sequence) and, opposite the lot number of each lot burdened:(a) the numbers of the lots intended to receive the benefit of the easement, profit à prendre, restriction or positive covenant, and(b) the name of any road to which any easement, profit à prendre, restriction or positive covenant is to be appurtenant, and(c) the name of any body in whose favour any easement in gross or positive covenant without a dominant tenement is to be created, and(d) the name of any prescribed authority in whose favour any restriction on the use of land or positive covenant that is of the type that may be imposed under section 88E of the Act is to be created.(5) The instrument must contain, after each statement, a schedule setting out the lot numbers of the lots burdened by each easement or profit à prendre, if any, proposed to be released and, opposite the lot number of each lot burdened:(a) the number of the lots that receive the benefit of the easement or profit à prendre, and(b) the name of any road to which the easement is appurtenant, and(c) the name of any prescribed authority in whose favour any easement in gross was created.(6) If each lot in a plan is intended to be burdened by an easement, profit à prendre, restriction or positive covenant the benefit of which is intended to be received by every other lot in the plan, it is sufficient if the words “each lot” and “every other lot”, or words to the same effect, are respectively noted in the schedule.(7) The instrument is to set out the text of each easement, profit à prendre, restriction or positive covenant referred to in the statements on the plan.(8) An entry is not to be made in the instrument in respect of a statement using a form of expression specified in Schedule 4A or 8 to the Act unless it is intended that the meaning given to the expression in that Schedule is to be modified by the instrument.
34 Section 88B instruments to comply with Schedule 9 or Schedule 9 and 10 requirements
(1) A section 88B instrument that is lodged by hand at the office of the Registrar-General must comply with the requirements set out in Schedule 9.(2) A section 88B instrument that the Registrar-General permits to be lodged electronically must comply with the requirements set out in Schedule 9 and the requirements set out in Schedule 10 must also be complied with.
35 Refusal to accept section 88B instruments
The Registrar-General may refuse to accept a section 88B instrument which, in the Registrar-General’s opinion, does not comply with this Division.
36 Registration of section 88B instruments
On registration of a deposited plan that is accompanied by a section 88B instrument, the section 88B instrument is, if accepted, to be registered in the register of plans.
Division 5 Additional provisions with respect to land under the Real Property Act 1900
37 Application of Division
This Division applies to deposited plans with respect to land that is subject to the provisions of the Real Property Act 1900.
38 Deposited plan relating to a limited folio
A deposited plan which affects land comprised in a limited folio (within the meaning of the Real Property Act 1900) must be a plan of survey.
39 Subdivision, consolidation or acquisition of part of land in a folio
(1) If a proposed subdivision, consolidation or acquisition of land, or a proposed acquisition, opening or closing of a road, does not comprise the whole of a parcel of land described in a folio of the Register kept under the Real Property Act 1900, the relevant deposited plan or roads plan must show the residue to scale.(2) The residue must be numbered as a separate parcel.(3) If the boundaries of the residue are extensive, the part of the plan showing the residue may be compiled, and the bearings for the boundaries omitted, unless the Registrar-General otherwise requires.(4) The Registrar-General may dispense with the requirement to show the residue:(a) in the case of a public road, a public railway, an irrigation channel or land vested in the Waterways Authority, or(b) in any other case where the Registrar-General considers that compliance with the requirement would be unduly onerous.
40 Alteration of boundaries of strata title common property
(1) A deposited plan of subdivision or consolidation lodged for the purpose of altering the external boundaries of common property:(a) created under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, and(b) held by an owners corporation constituted under the relevant Act, andmust show to scale the whole of the common property as it will subsist after the alteration.(c) comprised in a folio of the Register kept under the Real Property Act 1900,(2) The common property must be numbered as a separate parcel in the plan.
Part 4 Searches
41 Official searches
(1) A requisition for an official search of old system title land or a request for an office copy of a certificate of the result of such a search must be made on an approved form.(2) A requisition is to be limited to a single chain of title.(3) The relevant fee as set out in Schedule 1 must, if required by the Registrar-General, be paid before delivery of the office copy of a certificate of the result of a search.(4) If a requisition is withdrawn after commencement but before completion of a search, such fees as the Registrar-General determines having regard to the work done up to the time of withdrawal must be paid.(5) The Registrar-General may require an interim payment of fees before completion of a search.
42 Public searches
For the purposes of section 199 of the Act:(a) the prescribed times at which information in registers kept under the Act is to be made available are 8.30 am to 4.30 pm each day (other than a Saturday, Sunday or public holiday) or such other times as the Registrar-General directs, and(b) the prescribed manner in which such information is to be made available in response to a requisition requiring dispatch of information by post, facsimile or other approved means is by the Registrar-General furnishing a copy of the information, and(c) the prescribed fee is the relevant fee as set out in Schedule 1.
Part 5 Fees
43 Fees payable to the Registrar-General
(1) The fees specified opposite the matters listed in Schedule 1 are payable to the Registrar-General in respect of those matters.(2) A fee is payable before the service to which the fee relates is provided or at such time and in accordance with such conditions as the Registrar-General may agree with the person paying the fee.
44 Fee payable to a prescribed authority for a certificate under section 88G of the Act
For the purposes of section 88G (3) of the Act, the fee payable to a prescribed authority for a certificate under that section is:(a) $10, or(b) if the authority has inspected the relevant land for the purpose of issuing the certificate—$35.
Part 6 Miscellaneous
45 Vacation of registrations
For the purposes of section 200 (2) of the Act, the prescribed form of application for vacation of a registration is the form of Form 2 as set out in Schedule 2.
46 Appointment of receiver by a mortgagee
An appointment of a receiver by a mortgagee under section 109 (1) (c) of the Act is not to be registered in the General Register of Deeds unless it is in the approved form.
47 Compliance with covenants to produce documents
(1) A document that is deposited with the Registrar-General under section 64 of the Act for the purpose of complying with a covenant or undertaking to produce documents must be accompanied by a notice to that effect.(2) The notice must be in the approved form, must be lodged in duplicate and its particulars must not be handwritten.
48 Prescribed witnesses to deeds
For the purposes of section 38 (1A) (c) of the Act, a prescribed witness is:(a) in the case of a deed that is signed within Australia, any person of a class referred to in Part 1 of Schedule 11, or(b) in the case of a deed that is signed within a foreign country, any person of a class referred to in Part 2 of Schedule 11.
49, 50 (Repealed)
cl 49: Rep 2003 No 53, Sch 4.2 [1].
cl 50: Rep 2003 No 53, Sch 4.2 [2].
51 Easements in gross
(1) For the purposes of section 88A of the Act, each of the following corporations is a prescribed authority:(a) Hunter Water Corporation,(b) Sydney Water Corporation,(b1) State Water Corporation,(c) an irrigation corporation within the meaning of the Water Management Act 2000,(d) an energy services corporation within the meaning of the Energy Services Corporations Act 1995,(e) Rail Infrastructure Corporation,(e1) Australian Rail Track Corporation Ltd (ACN 081 455 754),(f) The Albury Gas Co Ltd (ACN 000 001 249),(g) AGL Gas Networks Limited (ACN 003 004 322),(h) Eastern Gas Pipeline Pty Ltd (ACN 067 715 646),(i) Telstra Corporation Limited (ACN 051 775 556),(j) Vodafone Network Pty Limited (ACN 081 918 461),(k) Integral Energy Gas Pty Limited (ACN 078 702 655),(l) Actew Distribution Ltd (ACN 073 025 224),(m) AGL Gas Company (ACT) Pty Limited (ACN 008 552 663),(m1) Rail Corporation New South Wales,(m2) Transport Infrastructure Development Corporation,(n) Eastern Star Gas Limited (ACN 094 269 780),(o) Narrabri Energy Limited (ACN 055 932 315),(p) Narrabri Power Limited (ACN 104 570 943),(q) Country Energy Gas Pty Limited (ACN 083 199 839).(2) For the purposes of section 88A of the Act, a permittee or licensee is a prescribed authority, but only in respect of easements for the purpose of the construction and use of pipelines, for any purpose incidental to any such purpose and for the purpose of access to pipelines or to apparatus or works. Expressions used in this subclause have the same meanings they have in the Pipelines Act 1967.cl 51: Am 7.11.2003; 2003 No 96, Sch 3.1 [1]; 2004 No 31, Sch 2.2; 2004 No 40, Sch 3.2 [1]; 2004 No 55, Sch 2.6; 2006 (50), Sch 1 [1].
52 Imposition of restrictions or public positive covenants on certain land vested in prescribed authorities
For the purposes of paragraph (c) of the definition of in section 88D (1) of the Act, each of the following is a prescribed authority:(a) Australian Postal Corporation,(b) Commonwealth Defence Housing Authority,(c) Hunter Water Corporation,(d) Sydney Water Corporation,(d1) State Water Corporation,(e) Rail Infrastructure Corporation,(f) an irrigation corporation within the meaning of the Water Management Act 2000,(g) The Uniting Church in Australia Property Trust (N.S.W.),(h) Rail Corporation New South Wales,(i) Transport Infrastructure Development Corporation,(j) Country Energy Gas Pty Limited (ACN 083 199 839),(k) an energy services corporation within the meaning of the Energy Services Corporations Act 1995.cl 52: Am 2003 No 96, Sch 3.1 [2]; 2004 No 40, Sch 3.2 [2], 2006 (50), Sch 1 [2].
53 Regulation of use of land not held by a prescribed authority
For the purposes of paragraph (c) of the definition of in section 88E (1) of the Act, each of the following is a prescribed authority:(a) Australian Postal Corporation,(b) Hunter Water Corporation,(c) Sydney Water Corporation,(d) Rail Infrastructure Corporation,(e) an irrigation corporation within the meaning of the Water Management Act 2000,(f) The Uniting Church in Australia Property Trust (N.S.W.),(g) Rail Corporation New South Wales,(h) Transport Infrastructure Development Corporation,(i) State Water Corporation,(j) Greening Australia ACT & South East NSW Limited (ACN 110 484 181),(k) Country Energy Gas Pty Limited (ACN 083 199 839),(l) an energy services corporation within the meaning of the Energy Services Corporations Act 1995.cl 53: Am 2003 No 96, Sch 3.1 [3]; 2004 No 40, Sch 3.2 [3]; 10.12.2004; 2006 (50), Sch 1 [3].
54 Periods for retention of documents (section 196AB of the Act)
For the purposes of section 196AB (2) (c) of the Act, the period prescribed is the period of 12 months commencing with the day on which the plan or other document was registered or recorded.
55 Identified documents (section 203A of the Act)
For the purposes of section 203A of the Act, each of the following is an identified document:(a) a section 88B instrument,(b) a building management statement under Division 3B of Part 23 of the Act,(c) a statement of the by-laws referred to in section 8 (4B) of the Strata Schemes (Freehold Development) Act 1973,(d) a strata development contract referred to in Division 2A of Part 2 of the Strata Schemes (Freehold Development) Act 1973,(e) a strata management statement referred to in Division 2B of Part 2 of the Strata Schemes (Freehold Development) Act 1973,(f) a statement of the by-laws referred to in section 7 (2CC) of the Strata Schemes (Leasehold Development) Act 1986,(g) a strata development contract referred to in Division 5 of Part 2 of the Strata Schemes (Leasehold Development) Act 1986,(h) a strata management statement referred to in Division 5A of Part 2 of the Strata Schemes (Leasehold Development) Act 1986,(i) a development contract referred in section 5, 9, 13, 18 or 26 of the Community Land Development Act 1989, and(j) a community, precinct or neighbourhood management statement referred to in section 5, 9, 13 or 18 of the Community Land Development Act 1989.
56 Savings and transitional provisions
Any act, matter or thing that had effect under the Conveyancing (General) Regulation 1998 immediately before the commencement of this Regulation is taken to have effect under this Regulation.
57 Transitional provision consequent on the enactment of Environmental Planning and Assessment Amendment Act 1997
(1) This clause applies to:(a) any plan of subdivision certified in accordance with section 327 (1) (d) or (2) (b) of the repealed Act, regardless of when the plan is certified or lodged with the Registrar-General for registration under the Act, and(b) any plan of the division of land (other than a plan of subdivision) lodged with the Registrar-General for registration under the Act before the appointed day.(2) The provisions of:(a) Division 3 of Part 23 of the Act, andas in force immediately before the appointed day apply to and in respect of a plan to which this clause applies as if the 1997 amending Act had not been enacted and any regulation made under the Conveyancing Act 1919 on or after the commencement of the 1997 amending Act had not been made.(b) the Conveyancing (General) Regulation 1992,(3) In this clause:appointed day means the day appointed under section 2 of the 1997 amending Act for the commencement of that Act.plan of subdivision has the same meaning as it had in section 327AA of the repealed Act.repealed Act means the Local Government Act 1919.the 1997 amending Act means the Environmental Planning and Assessment Amendment Act 1997.
Schedule 1 Fees
(Clauses 4, 5, 6, 12, 21, 22, 41, 42 and 43)
$ | ||
Registration in the General Register of Deeds | ||
1 | For each registration, or renewal or vacation of registration, of any writ, order or legal proceeding made under Division 2 of Part 23 of the Act | 73.25 |
2 | For each registration of a crop or wool lien or a stock mortgage, or any other instrument relating to such liens or mortgages, made under the Liens on Crops and Wool and Stock Mortgages Act 1898 | 73.25 |
3 | For each registration of a bill of sale, or any other instrument relating to a bill of sale, made under the Bills of Sale Act 1898 | 73.25 |
4 | For removal of a caveat in relation to a bill of sale | 73.25 |
5 | For registration under Division 5 of Part 6 of the Act of a memorandum containing provisions that are capable of being covenants that may be included in a bill of sale, crop or wool lien or stock mortgage | 73.25 |
6 | For recording or registering any instrument not otherwise provided for in this Schedule | 73.25 |
7 | On request for preparation of a registration copy of an instrument or part of an instrument | 10.30 for up to 4 pages, and then 10.30 for each additional 4 pages or part of that number |
In addition, for preparation of the copy | Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved | |
Copies | ||
8 | For supplying a copy of a document or part of a document (other than a certified copy) in the custody of the Registrar-General: | |
(a) to any person attending an office of the Department of Lands | 10.30 | |
(b) by electronic means to any agent licensed by the Department of Lands | 4.65 | |
(c) to any person by some other means | Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in providing the service | |
9 | On lodgment of an application for a certified copy of a document or part of a document in the custody of the Registrar-General | 77.25 |
In addition, if a copy is prepared by a photocopying process | Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in preparing the copy | |
10 | In the case of a requisition for a copy available to any person attending an office of the Department of Lands that, in the opinion of the Registrar-General, is a request for a copy for which the above schedule of fees is not appropriate | Such reasonable fee (determined by the Registrar-General in negotiation with the requesting party) as is warranted by the cost incurred in providing the copy |
11 | On lodgment of an application for a copy of a document in the custody of the Registrar-General, other than a certified copy or a copy available to any person attending an office of the Department of Lands | Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in preparing the copy |
Official searches (General Register of Deeds) | ||
12 | On requisition for a search, or the continuation of a search, from the date of the prior certificate of result of the search (including the office copy certificate of the result of a search or the continuation of the search) | 206.00 |
In addition, for each quarter-hour or part of a quarter-hour occupied in the search or continuation of the search after the first hour | 51.50 | |
13 | On request for a copy of an official search | 77.25 |
Public searches (General Register of Deeds) | ||
14 | On requisition for a search, or the continuation of a search, of the General Register of Deeds | 113.30 |
In addition, for each quarter-hour or part of a quarter-hour occupied in the search or continuation of the search after the first half-hour | 56.65 | |
15 | For supplying a copy (other than a certified copy) in response to a facsimile request for a document in the custody of the Registrar-General if no initial search is required | 22.65 |
In addition, for a copy of each additional document required | 10.30 | |
Search for writs, orders or legal proceedings | ||
16 | For a search against each name (other than a search in response to a facsimile request) | 10.30 |
17 | For a search in response to a facsimile request, in respect of a search for 1 or 2 names | 22.65 |
In addition, for a search of each additional name in excess of 2 | 10.30 | |
Plans | ||
18 | On lodgment for registration or recording of a plan, other than a plan prepared solely for the purpose of placing survey information on public record | 823.00 |
In addition, for each quarter-hour or part of a quarter-hour in excess of the first 4 hours occupied in the examination of the plan | 51.50 | |
In the case of land the subject of a community, precinct or neighbourhood plan under the Community Land Development Act 1989: | ||
(a) for each additional sheet in excess of 4 | 77.25 | |
(b) for the management statement accompanying the community, precinct or neighbourhood plan, including any associated plans or sketches | 154.50 | |
(c) for any development contract accompanying the community, precinct or neighbourhood plan | 154.50 | |
In addition, for each lot, allotment or portion shown or separately defined on the plan | 82.30 | |
And, if the plan is accompanied by a section 88B instrument, for each easement, restriction on the use of land, positive covenant or profit à prendre to be created, irrespective of the number of lots burdened or benefited, an additional | 77.25 | |
And, if the plan is accompanied by a section 88B instrument, for each easement or profit à prendre to be released, irrespective of the number of lots burdened or benefited, an additional | 77.25 | |
And, if the plan is accompanied by a building management statement, an additional | 154.50 | |
And, if the plan is lodged for the purpose of consolidating 2 or more folios of the Register kept under the Real Property Act 1900—for each folio of the Register to be consolidated, an additional | 15.45 | |
And, if a plan lodged in connection with an application to bring land under the Real Property Act 1900 includes land already under that Act and a consolidated folio of the Register kept under that Act is to be created—for each folio to be consolidated, an additional | 15.45 | |
19 | On lodgment of an additional or replacement sheet in conjunction with an application to amend a registered community, precinct or neighbourhood plan under the Community Land Development Act 1989 | 77.25 |
20 | For recording a plan prepared solely for the purpose of placing survey information on public record | 77.25 |
21 | For examining a plan if survey information has been added to an original compiled plan as a result of a requisition | 77.25 |
22 | For pre-examination of a plan | 905.30 |
In addition, for each quarter-hour or part of a quarter-hour in excess of the first 4 hours occupied in the examination of the plan | 56.65 | |
23 | For preparation and supply of a plan | 206.00 |
In addition, for each quarter-hour or part of a quarter-hour in excess of the first hour occupied in the preparation of the plan | 51.50 | |
24 | On lodgment of an application for revival of a plan previously rejected or withdrawn | Such fee as would be appropriate to the plan as a new lodgment |
25 | On lodgment of a substituted plan or any sheet of such a plan or an additional sheet of a plan | 77.25 |
26 | On lodgment of a section 88B instrument in substitution for another such instrument or part of such instrument | Such fee as would be appropriate to the instrument as an original lodgment |
27 | On lodgment of an application to amend a plan | 77.25 |
In addition, if the application involves the amendment of a Crown grant, a certificate of title or a folio of the Register kept under the Real Property Act 1900: | ||
(a) for the first grant, certificate or folio | 77.25 | |
(b) for each subsequent grant, certificate or folio | 10.30 | |
28 | On lodgment of an application for an order terminating a neighbourhood scheme under section 72 of the Community Land Development Act 1989 | 77.25 |
In addition, for each quarter-hour or part of a quarter-hour occupied in examining the application | 51.50 | |
Miscellaneous | ||
29 | For furnishing a certificate of ownership (Local Government Act 1993—section 700 (2) or Environmental Planning and Assessment Act 1979—section 151 (2)) | 51.50 |
In addition, for each quarter-hour or part of a quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour | 51.50 | |
30 | On depositing a document or documents pursuant to section 64 of the Act | 22.65 |
In addition, for each document in excess of 4 | 3.40 | |
31 | On application for return of a document or documents deposited pursuant to section 64 of the Act | 22.65 |
In addition, for each document in excess of 4 | 3.40 | |
32 | For inspection of a packet containing a document or documents deposited pursuant to section 64 of the Act | 22.65 |
33 | For production of documents at the Office of State Revenue | 20.60 |
34 | On request for entry of a marginal note evidencing a discrepancy between an original instrument and a registered copy of the instrument | 77.25 |
sch 1: Subst 25.6.2004; 2005 (230), Sch 1.
Schedule 2 Forms
Form 1
(Clause 6)
NOTICE OF RESUMPTION OF LAND NOT SUBJECT TO THE REAL PROPERTY ACT 1900
Conveyancing Act 1919, section 196A (3) (a)
Conveyancing (General) Regulation 2003, clause 6
(Extract from Gazette)
I, ............................................................1,
certify that the above matter is a true copy of the notification of resumption published in the Government Gazette on ............... at page ...............
certify that the above matter is a true copy of the notification of resumption published in the Government Gazette on ............... at page ...............
..............................(Signature) | |
Date: ......................... |
Notes—
1 Insert name and address of person signing the notice.
Form 2
(Clause 45)
APPLICATION FOR VACATION OF REGISTRATION
Conveyancing Act 1919, section 200
Conveyancing (General) Regulation 2003, clause 45
I, ............................................................1,
apply for the vacation of the registration of ...............2,
apply for the vacation of the registration of ...............2,
Evidence in support of my right to have the registration vacated is set out below/attached.
..............................(Signature) | |
Date: ......................... |
Notes—
1 Insert name and address of applicant.
2 Insert nature of instrument and its registration number.
Schedule 3 Requirements for instruments generally
(Clauses 9 and 10)
1
The text must be clearly printed or written:
(a) across the width of each sheet of paper used, and
(b) unless the Registrar-General otherwise permits, on one side only of each sheet.
2
The sheets used must have clear margins:
(a) on the first sheet—of not less than 25 mm (at the top) and 10 mm (on the left-hand and right-hand sides and at the bottom), and
(b) on each subsequent sheet—of not less than 10 mm (on the left-hand and right-hand sides and at the top and bottom).
3
The paper used must be:or such other paper as may be approved.
(a) white and free from discolouration and blemishes, and
(b) not less than 80 grams per square metre, and
(c) 297 mm in length by 210 mm in width (standard A4),
4
All text must be at least 10 point (1.8 mm) in size and be clear and legible and in dense black ink or dense dark blue ink. The lines must not overlap. A carbon copy, or a copy in which the typewritten characters blur or spread or are liable to mark or damage an adjacent sheet, will not be accepted.
5
Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.
6
Typewriting, printing, writing or seals must not extend into the margin.
7
Typewriting, printing, writing or signatures must not extend into any seal.
8
In the top margin on the first sheet of a registration copy there must be printed or written the nature of the original instrument and a note of the stamp duty, if any, appearing on it.
9
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. An alteration must be initialled or verified by the parties to the instrument.
10
Signatures or initials noticing alterations by interlineation or the striking through of matter must be placed in the margin as near as practicable to the alteration.
11
The instrument must be flat and free from creases caused by folding or otherwise.
12
If a registration copy is made by a photographic or similar approved process, the image in the copy must be dense black, permanent, legible and free from excessive background. The process must not affect the quality and permanence of the paper.
13
A part of a lot must not be shown on a plan or diagram unless the whole of the lot is shown on another part of the plan or diagram, whether or not on the same sheet.
Schedule 4 Requirements for signatures form
(Clauses 17, 20, 21 and 26)
Note—
When a signatures form is adopted, all signatures and seals must be shown on the form. No signatures or seals will appear on the plan drawing sheets, except as provided by clause 21 (3). The completed signatures form must be lodged with and in the same manner as the plan.
1 Use of approved form
(1) A signatures form must be in the approved form.(2) Any signatures, seals or certificates that cannot satisfactorily be shown on one sheet may be shown on one or more additional sheets in the approved form. The total number of additional sheets must not be more than 3 unless the Registrar-General otherwise approves.
2 Paper
The paper used must be:(a) white and free from discolouration and blemishes, and(b) not less than 80 grams per square metre, andor such other paper as may be approved by the Registrar-General.(c) 297 mm in length by 210 mm in width (standard A4),
3 Margins
(1) The sheets used must have clear margins of not less than 10mm on each side and top and bottom.(2) Typewriting, printing, writing or seals (other than directions or notations authorised by the Registrar-General) must not extend into the margin.
4 Lettering
(1) The text of a signatures form must be clearly printed or written:(a) across the width of each panel on the sheet of paper used, and(b) on one side only of each sheet.(2) All text must be clear and legible and in dense black ink or dense dark blue ink. The lines must not overlap. A carbon copy, or a copy in which the typewritten characters blur or spread, or are liable to mark or damage an adjacent sheet, will not be accepted.(3) Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.
5 Alterations
(1) 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.(2) 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.
6 Information to be included on multiple sheets
If the signatures form comprises more than one sheet:(a) each sheet other than the first sheet must repeat the heading on the first sheet, the subdivision certificate number and date of endorsement and the surveyor’s reference, and(b) each sheet must be numbered sequentially in the top right hand corner of each sheet as “Sheet ..... of ..... sheets”.
Schedule 5 Requirements for deposited plans lodged by hand
(Clause 18)
1 Material on which plan to be drawn
(1) Each plan sheet must consist of a polyester film, or some other medium approved by the Registrar-General.(2) A plan must be drawn on one side of a plan sheet only, and must be drawn on a matt surface.(3) Each plan sheet must be free from blemishes and creases.
2 Use of approved forms
(1) A plan intended to be lodged by hand for registration as a deposited plan must be in the approved form.(2) Any land that cannot satisfactorily be shown on one sheet may be shown on additional sheets in the approved form. The total number of additional sheets must not be more than 3 unless the Registrar-General otherwise approves.
3 Margins
(1) A margin of at least 10 millimetres must be left around the plan drawing area of each plan sheet.(2) No printing, writing or other notation (other than directions or notations authorised by the Registrar-General) must appear in, or extend into, the margin.
4 Lettering
(1) Unless the Registrar-General otherwise approves, all words must be in the English language, and all letters, numbers and other symbols appearing on a plan must be in a font style that is:(a) dense and black in colour, and(b) in upper case only (except as otherwise provided by this Schedule), and(c) open in formation and construction, and(d) in an upright style.(2) Unless the Registrar-General otherwise approves or this Schedule provides otherwise, all symbols used must be letters.
5 Use of colouring and edging prohibited
Neither colouring nor edging are to be used on a plan sheet.
6 Clarity of detail
The plan must be drawn in a manner and to a scale that allows all details and notations to be clearly reproduced by the copying processes used by the Registrar-General.
7 Alterations
(1) A plan may be altered only by striking through the matter to be altered.(2) In particular, a plan may not be altered by the use of correction fluid or by rubbing, scraping or cutting the surface of the plan sheet.(3) The Registrar-General may require a plan sheet to be replaced if, in the opinion of the Registrar-General, any alteration on the sheet will render it unsuitable for copying.
8 Information to be included on plan sheets
(1) Each plan sheet in a series of plan sheets must be numbered consecutively as part of the series (for example, the first and second sheets in a plan that is made up of 4 sheets must be numbered “Sheet 1 of 4 sheets” and “Sheet 2 of 4 sheets”, respectively).(2) Each plan sheet must contain a north point (directed upwards) and must also specify the orientation to which the north point relates.(3) Any separate diagrams or tabulations of dimensions or marks used in an additional sheet must be shown on the sheet.(4) No information (other than the plan and any separate diagrams and tabulations of dimensions and marks relating to the plan) is to appear within the plan drawing area of a plan sheet.(5) Any signature or seal of a person referred to in section 195D (1) or (2) that cannot satisfactorily be shown on the plan sheet may be shown on an additional plan sheet, except where those signatures or seals are provided on a signatures form that complies with the requirements set out in Schedule 4.
9 Linear dimensions
(1) Linear measurements must be expressed in metres, correct to 3 decimal places, without any accompanying symbol.(2) If a length of less than one metre is shown, the decimal point must be preceded by the numeral “0”.
10 Area dimensions
(1) Area measurements must be expressed as follows:(a) areas of less than one hectare must be expressed in square metres, accompanied by the symbol “m2”,(b) areas of one hectare or more must be expressed in hectares (using not more than 4 significant figures), accompanied by the symbol “ha”,(c) areas of 10 000 hectares or more must be expressed in square kilometres, accompanied by the symbol “km2”.(2) The total area of a parcel:(a) must be shown within or related to the most significant part of the parcel, and(b) must be the exact mathematical total of all the areas shown on the plan as being within that parcel.
11 Reduction ratio
There must be a statement on each sheet of the reduction ratio at which the plan is drawn.
12 Identification of adjoining lands
The identities of all adjoining lands must be shown.
13 Identification of new or proposed easements, profits à prendre, restrictions and positive covenants
(1) A plan must contain sufficient information to define the site of:(a) any easement, profit à prendre, restriction or positive covenant that is intended to be created as a consequence of the registration of the plan, and(b) any easement or profit à prendre intended to be partially released as a consequence of the registration of the plan, andand where necessary, must also contain sufficient information to indicate the relationship of any such easement, profit à prendre, restriction or positive covenant to the boundaries of any affected parcel or lot.(c) any proposed easement (other than an easement referred to in paragraph (a) or (b)), profit à prendre, restriction or positive covenant, or proposed variation or partial release of an easement or profit à prendre,(2) If a proposed easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object that is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.
14 Identification of existing easements, profits à prendre, restrictions and positive covenants
(1) A plan must:(a) contain sufficient information to define the site, nature and origin of any existing easement, profit à prendre, restriction or positive covenant affecting a parcel, and(b) wherever possible, show the relationship of the easement, profit à prendre, restriction or positive covenant to the boundaries of the parcel.(2) If an easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object that is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.(3) In this clause, origin, in relation to an existing easement, profit à prendre, restriction or positive covenant means the Gazette reference or registration number of the instrument or plan by which the easement, profit à prendre, restriction or positive covenant was granted, reserved, notified or otherwise created.
Schedule 6 Requirements for deposited plans lodged electronically for registration
(Clause 18)
1 File type in which plan to be created
(1) Each plan sheet must be created in a Tagged Image File Format (TIFF) approved by the Registrar-General.(2) Each image must be created to the following specifications:(a) Size—true to the approved form size (standard A2 or A3),(b) Colour—must be black and white (monochrome),(c) Resolution—200 dots per inch (dpi),(d) Compression—CCITT Group 4.(3) A plan comprising more than one sheet must be created as a multipage file.
2 Use of approved forms
(1) A plan intended to be lodged electronically for registration as a deposited plan must be in the approved form.(2) Any land that cannot satisfactorily be shown on one sheet may be shown on additional sheets in the approved form. The total number of additional sheets must not be more than 3 unless the Registrar-General otherwise approves.
3 Margins
(1) A margin of at least 10 millimetres must be left around the plan drawing area of each plan sheet.(2) No printing, writing or other notation (other than directions or notations authorised by the Registrar-General) must appear in, or extend into, the margin.
4 Lettering
(1) Unless the Registrar-General otherwise approves, all words must be in the English language, and all letters, numbers and other symbols appearing on a plan must be in a font style that is:(a) dense and black in colour, and(b) in upper case only (except as otherwise provided by this Schedule), and(c) open in formation and construction, and(d) in an upright style.(2) Unless the Registrar-General otherwise approves or this Schedule provides otherwise, all symbols used must be letters.
5 Use of colouring and edging prohibited
Neither colouring nor edging are to be used on a plan sheet.
6 Clarity of detail
(1) The plan must be drawn to a scale and the image created in a manner that allows all details and notations to be clearly reproduced by the copying processes used by the Registrar-General.(2) The Registrar-General may require a plan file to be resubmitted if, in the opinion of the Registrar-General, the plan image does not comply with subclause (1).
7 Alterations
(1) A plan image must not be altered.(2) Any alterations must be made to the Computer Aided Drafting (CAD) software plan file and a new image created.
8 Information to be included on plan sheets
(1) Each plan sheet in a series of plan sheets must be numbered consecutively as part of the series (for example, the first and second sheets in a plan that is made up of 4 sheets must be numbered “Sheet 1 of 4 sheets” and “Sheet 2 of 4 sheets”, respectively).(2) Each plan sheet must contain a north point (directed upwards) and must also specify the orientation to which the north point relates.(3) Any separate diagrams or tabulations of dimensions or marks used in an additional sheet must be shown on the sheet.(4) No information (other than the plan and any separate diagrams and tabulations of dimensions and marks relating to the plan) is to appear within the plan drawing area of a plan sheet.
9 Linear dimensions
(1) Linear measurements must be expressed in metres, correct to 3 decimal places, without any accompanying symbol.(2) If a length of less than one metre is shown, the decimal point must be preceded by the numeral “0”.
10 Area dimensions
(1) Area measurements must be expressed as follows:(a) areas of less than one hectare must be expressed in square metres, accompanied by the symbol “m2”,(b) areas of one hectare or more must be expressed in hectares (using not more than 4 significant figures), accompanied by the symbol “ha”,(c) areas of 10,000 hectares or more must be expressed in square kilometres, accompanied by the symbol “km2”.(2) The total area of a parcel:(a) must be shown within or related to the most significant part of the parcel, and(b) must be the exact mathematical total of all the areas shown on the plan as being within that parcel.
11 Reduction ratio
There must be a statement on each sheet of the reduction ratio at which the plan is drawn.
12 Identification of adjoining land
The identity of all adjoining land must be shown.
13 Identification of new or proposed easements, profits à prendre, restrictions and positive covenants
(1) A plan must contain sufficient information to define the site of:(a) any easement, profit à prendre, restriction or positive covenant that is intended to be created as a consequence of the registration of the plan, and(b) any easement or profit à prendre intended to be partially released as a consequence of the registration of the plan, andand where necessary, must also contain sufficient information to indicate the relationship of any such easement, profit à prendre, restriction or positive covenant to the boundaries of any affected parcel or lot.(c) any proposed easement (other than an easement referred to in paragraph (a) or (b)), profit à prendre, restriction or positive covenant, or proposed variation or partial release of an easement or profit à prendre,(2) If a proposed easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object that is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.
14 Identification of existing easements, profits à prendre, restrictions and positive covenants
(1) A plan must:(a) contain sufficient information to define the site, nature and origin of any existing easement, profit à prendre, restriction or positive covenant affecting a parcel, and(b) wherever possible, show the relationship of the easement, profit à prendre, restriction or positive covenant to the boundaries of the parcel.(2) If an easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object that is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.(3) In this clause, origin, in relation to an existing easement, profit à prendre, restriction or positive covenant means the Gazette reference or registration number of the instrument or plan by which the easement, profit à prendre, restriction or positive covenant was granted, reserved, notified or otherwise created.
15 Signatures not to appear
No signatures or seals are to appear on the plan drawing sheets.Note—All signatures and seals must be shown on the signatures form.
Schedule 7 Requirements for lodging signatures form electronically
(Clause 26)
1 File type in which image of document to be created
(1) Each sheet of the completed paper signatures form complying with Schedule 4 that bears original signatures and seals will be scanned by the lodging party and an image created in a Tagged Image File Format (TIFF) approved by the Registrar-General.(2) Each image must be created to the following specifications:(a) Size—true to the approved form size (standard A4),(b) Colour—must be black and white (monochrome),(c) Resolution—200 dots per inch (dpi),(d) Compression—CCITT Group 4.
2 Multiple sheets
An image of a signatures form comprising more than one sheet must be created as a multipage file.
3 Lodging procedure
(1) The TIFF image of the completed signatures form will be lodged electronically together with the TIFF image of the plan.(2) The standard of the electronic file received by the Registrar-General must be acceptable to the Registrar-General.Note—The completed paper signatures form, bearing original signatures and seals, must be retained by the lodging party for a period of at least 12 months following the date of registration of the plan (see clause 54).
Schedule 8 Requirements for lodging other documents electronically
(Clause 18)
1 File type in which image of document to be created
(1) Where a document other than a signatures form is required to be lodged electronically with a plan, such as:(a) a building management statement, or(b) a development contract or management statement as required by the Community Land Development Act 1989, oreach sheet of the completed paper document will be scanned by the lodging party and an image created in a Tagged Image File Format (TIFF) approved by the Registrar-General.(c) any other documents required by the Registrar-General,(2) Each image must be created to the following specifications:(a) Size—true to the approved form size (standard A4),(b) Colour—must be black and white (monochrome),(c) Resolution—200 dots per inch (dpi),(d) Compression—CCITT Group 4.
2 Multiple sheets
An image of a document comprising more than one sheet must be created as a multipage file.
3 Lodging procedure
(1) The TIFF image of the completed document will be lodged electronically together with the TIFF image of the plan.(2) The standard of the electronic file received by the Registrar-General must be acceptable to the Registrar-General.Note—The completed paper document, bearing original signatures and seals, must be retained by the lodging party for a period of at least 12 months following the date of registration of the plan (see clause 54).
Schedule 9 Requirements for section 88B instruments
(Clause 34)
1 Text
The text of a section 88B instrument must be clearly printed or written:(a) across the width of each sheet of paper used, and(b) unless the Registrar-General otherwise permits, on one side only of each sheet.
2 Margins
(1) The sheets used must have clear margins:(a) on the first sheet—of not less than 10 mm (on the left-hand side), 10 mm (on the right-hand side), 25 mm (at the top) and 10 mm (at the bottom), and(b) on each subsequent sheet—of not less than 10 mm (on the left-hand side) and 10 mm (on the right-hand side and at the top and bottom).(2) Typewriting, printing, writing or seals must not extend into the margin.
3 Paper
The paper used must be:(a) white and free from discolouration and blemishes, and(b) not less than 80 grams per square metre, andor such other paper as may be approved.(c) 297 mm in length by 210 mm in width (standard A4),
4 Size of lettering
All text must be at least 10 point (1.8 mm) in size and be clear and legible and in dense black ink or dense dark blue ink. The lines must not overlap. A carbon copy, or a copy in which the typewritten characters blur or spread, or are liable to mark or damage an adjacent sheet, will not be accepted.
5 Legibility
Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.
6 Form of alterations
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. An alteration must be initialled or verified by the parties to the instrument.
7 Acknowledgement of alterations
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.
8 Signatures
The final sheet must bear:(a) the attested signatures of the persons who appear to the Registrar-General to be the owners, mortgagees, or covenant chargees of the land over which the easement, or in respect of which the restriction, covenant or profit à prendre, is intended to be created, and(b) the attested signature of the prescribed authority that is intending to impose a restriction on use or a positive covenant in respect of the land pursuant to section 88D or 88E of the Act, and(c) the attested signature of the prescribed authority or the owner of the land outside the plan where it is intended to create a covenant that requires the authority or the owner to maintain or repair, or to contribute to the maintenance or repair of, the site of an easement, and(d) the attested signatures of the persons who appear to the Registrar-General to be the owners, mortgagees or covenant chargees of the land that has the benefit of the easement or profit à prendre that is intended to be released or partially released, and(e) the attested signature of any person whose consent is required to a release or partial release of the easement or profit à prendre, and(f) the capacity in which each signatory has signed.
9 Numbering of sheets
If the instrument comprises more than one sheet:(a) each sheet other than the first sheet and the final sheet must repeat the heading on the first sheet and the plan identification appearing in Part 1 of the instrument, and(b) each sheet other than the final sheet must be signed by an attesting witness to the final sheet, and(c) each sheet must be numbered sequentially in the top right hand corner of each sheet as “Sheet ..... of ..... sheets”.
10 References to signatures
In this Schedule, a reference to a signature includes a reference to the affixing of a seal or any other method by which a corporation or prescribed authority executes an instrument.
Schedule 10 Requirements for lodging section 88B instruments electronically
(Clause 34)
1 File type in which image of instrument to be created
(1) Each sheet of the completed paper instrument complying with Schedule 9 that bears original signatures and seals will be scanned by the lodging party and an image created in a Tagged Image File Format (TIFF) approved by the Registrar-General.(2) Each image must be created to the following specifications:(a) Size—true to the approved form size (standard A4),(b) Colour—must be black and white (monochrome),(c) Resolution—200 dots per inch (dpi),(d) Compression—CCITT Group 4.
2 Multiple sheets
An image of an instrument comprising more than one sheet must be created as a multipage file.
3 Lodging procedure
(1) The TIFF image of the instrument will be lodged electronically together with the TIFF image of the plan.(2) The standard of the electronic file received by the Registrar-General must be acceptable to the Registrar-General.Note—The completed paper section 88B instrument, bearing original signatures and seals, must be retained by the lodging party for a period of at least 12 months following the date of registration of the plan (see clause 54).
Schedule 11 Prescribed witnesses
(Clause 48)
Part 1
accountantbank manager
barrister
chancellor, deputy chancellor or dean of a faculty of a university
commissioned officer in the defence forces of the Commonwealth of Australia
commissioner for taking affidavits
dentist
judge
justice of the peace
licensed conveyancer
magistrate
mayor or general manager of any local government council
medical practitioner
member of parliament of the Commonwealth or of a State or Territory
member of the police force of the Commonwealth or of a State or Territory
minister of religion
notary public
officer in charge of a police station
pharmacist
postal manager of a post office
principal or deputy principal of a school or college
registered surveyor
registrar of a Local Court
solicitor
stockbroker
veterinary surgeon
Part 2
Australian or British Consular Officer exercising functions in country where the document is executed or witnessedcommissioned officer in the defence forces of the Commonwealth of Australia
commissioner for taking affidavits
judge
justice of the peace
legal practitioner
magistrate
mayor or general manager of any local government corporation
medical practitioner
notary public
officer in charge of a police station
sch 11: Am 2003 No 53, Sch 4.2 [3].