The Registrar General’s Guidelines were first published in 1998 as the Registrar General’s Directions. They were an initiative of, the then Land Titles Office. The guidelines are provided to assist in the preparation of Deposited Plans for lodgment to help reduce delays in the examination process.
They set out information needed by surveyors, solicitors and others in the preparation of deposited plans and associated instruments. These guidelines may also be relevant to strata scheme and community scheme plans which have their own specific guidelines.
Introduction
Three land titling systems currently exist in New South Wales Torrens Title (being the majority of privately owned land), Old System Title (those lands granted before 1863 and not yet converted) and Crown Title (being those lands held in the name of the State for which a certificate of title has not yet been created).
It is a basic principle of the Torrens Title system that every current parcel be based on a plan of survey that defines its boundaries. Similarly any parcel of Old System or Crown Title intended to be converted to Torrens Title must also be based on a suitable plan upon which a first certificate of title can be issued.
Consequently, whenever it is intended to a create a new parcel or subdivide or deal with an existing parcel of land, a new plan depicting the new boundaries must be prepared for lodgment and registration in NSW LRS.
Depending on the purpose of the plan, it will be lodged as:
- a deposited plan
- a strata plan
- a community plan or
- an annexure to a dealing.
Legislation base for deposited plans
All NSW legislation can be accessed at www.legislation.nsw.gov.au/ an alternate site that also provides Commonwealth legislation is www.austlii.edu.au/.
Legislation relevant to plans
It is the responsibility of the Registrar General to ensure that plans and associated documents comply with the requirements set out in legislation. The most relevant legislation to the plan process includes, but is not limited, to the following Acts and their associated regulation:
- Surveying and Spatial Information Act 2002.
- Conveyancing Act 1919.
- Environmental Planning and Assessment Act 1979
- Real Property Act 1900
- Roads Act 1993
- Local government Act 1993
- Strata Schemes Development Act 2015
- Community Land Development Act 1989
Lodgment Rules
Section 12F Real Property Act 1900 allows the Registrar General to make Lodgment Rules in respect of, among other things, the lodgment of documents under or for the purposes of a relevant Act. The rules may include the requirements as to the preparation, form and content of the documents and the procedures to be followed in connection with their lodgment.