Crown folio creation plans
New certificates of title are created for land in the Crown estate where it is intended to:
- issue a first title for a parcel of unalienated Crown land
- issue a first title for a parcel of closed road
- subdivide an already existing parcel of alienated Crown land
- subdivide an existing Torrens title that remains in the ownership of the Crown ("The State of New South Wales").
Plans defining the new parcels are prepared in the local Crown Lands regional office (usually by contract to a private surveyor) and forwarded to NSW LRS for registration. The usual requirements for deposited plans apply. The plan must be signed as approved by Crown Lands.
Subdivision of a Crown Reserve
NSW LRS is undertaking a programme to convert to Torrens Title those Crown Title lands that are vested as a Crown Reserve. New Torrens titles, bearing a CLR notification, are created in the name of the State of New South Wales. Where no plan exists to define these new reserves, a 7000 series departmental plan is prepared (based on the boundaries shown in the Cadastral Records Viewer) to supply the requisite unique parcel identifier.
Once the Torrens Title has been created all new plans subdividing the Reserve must be prepared in accordance with the Real Property Act in regard to boundary consents, residue lots, subdivision certificate etc. However, to enable the Crown to readily dispose of all or part of the Reserve, section 23G (b1) Conveyancing Act 1919 gives the Crown an exemption from obtaining a subdivision certificate when the first action is undertaken on the Crown Reserve title.
Practice in NSW LRS
Plans lodged by Crown Lands that divide an existing Crown Reserve certificate of title into two or more new parcels must comply with the following:
- The plan heading must refer to Subdivision of "...................
- A statement must be added to the plan that it is exempt from subdivision approval pursuant to Section 23G (b1) Conveyancing Act, 1919.
- The usually required signatures and consents must be endorsed on the Administration Sheet.
- The new plan may define by survey only part of an existing Crown Reserve Title. This will require suitable residue lot(s) to be shown on the plan. The residue lot(s) may be drawn to the same standard as the previous departmental plan and must be stated as being for Identification Purposes Only. The lot number of the residue lot must be consecutive with the other lot(s) in the plan.
- The new plan may include all or part of the existing reserve together with part of other adjoining Crown Title land. If this adjoining Crown Title land constitutes a lake or other Crown controlled waterway the position of the existing Mean High Water Mark or Bank should be shown on the plan as a thin broken line.
- Where the plan affects both Torrens and Crown Title the plan lodgment details in ITS must indicate that the land comprised in the plan is Torrens and Crown Title and the plan purpose is First Title Issue and subdivision.
Action after plan registration
After completion of gazettal action revoking the Crown reserve, a Request form 11R (PDF 131KB) should be lodged by Crown Lands for any lot intended to be leased or otherwise disposed of, indicating the removal of the CLR reserve notification and specifying any additional notifications required by the Crown to be added to the title.
Subdivision of a perpetual lease
A Crown land tenure Perpetual Lease may be subdivided into new Perpetual Lease estates. The land affected must be defined as lots in a new deposited plan of subdivision.
The consent of Crown Lands must be endorsed in the appropriate panel on the subdivision plan.
For further information - see Crown tenures affecting new plans.
Creation of new Crown roads
Deposited plans defining the position of new Crown roads are prepared in the local Crown Lands regional office and forwarded to NSW LRS for registration. The roads were formerly created under the provisions of Public Roads Act 1902 but are now created under the Roads Act 1993. The lots shown in the plan are either dedicated as public road, declared severed land or declared closed road by a notice in the Government Gazette after registration of the plan. Upon registration, the plan will become current as regards the new severed land or closed road lots. New titles are created (but not issued) as specified in the CL45-31 documentation lodged by Crown Lands with the new plan. Further action then awaits publication of the gazette notice, following which a dealing may be lodged to transfer the closed road or severed land to the adjoining owner or relevant public authority.
Easements affecting Crown land
Deposited plans may be prepared defining the sites of new easements over Crown land. The usual requirements for Crown plans apply.
For more information see Easements involving Crown land page.
Western Lands leases
Deposited plans may be prepared to either define the land comprised in new Western Lands leases or to subdivide existing leases.
For more information see Western Lands Leases information under Leases affecting Crown land page.