Irrigation corporations
State owned irrigation corporations are in the process of identifying large numbers of irrigation canals, drainage reserves, houses and depots that are under their control with the intention of obtaining title to each parcel in order to facilitate management and / or disposal. Some of these irrigation corporations include:
- Murrumbidgee Irrigation Limited
- Jemalong Wyldes Plains Irrigation Limited
- Lower Murray Irrigation Areas Limited
- Murray Irrigation Limited
For certificates of title to issue for these lands, a corporation must lodge documentation to effect the issue of titles in the current ownership. This is accomplished by lodging either:
- an RP dealing Request (or other dealing) to place existing Torrens title(s) into the authorities current corporate name, or
- a Statement of Title Particulars form (also referred to as 'Statements') to facilitate Conversion Actions (CA's) of OS title to Torrens title. These may be lodged separately for existing parcels with current parcel identities, or in conjunction with fresh deposited plans that identify the OS land.
Where there is no existing identity available for individual parcels of land a new deposited plan defining the boundaries will be required.
Existing irrigation corporation titles
All irrigation canals, drainage reserves, houses and depots under the control of an irrigation corporation have been vested in that corporation by gazettal procedures and title is held under either Old System or Torrens title. None of the land involved is now Crown title, even though ownership of some parcels may still be held as Crown land within the meaning of the Crown Lands Act.
Old System title
Most of the land will be held under Old System title pursuant to a Government Order or Proclamation, i.e:
Land became alienated from the Crown by the Order or Proclamation and is now owned by the Irrigation Corporation under Old System title.
In order to effect conversion and title issue, a Statement of Title Particulars (PDF 45 KB) must be lodged.
The Statement is divided into parts
Part 1
The applicant authority must claim title to the land pursuant to the latest Order or Proclamation. It must also provide documentary evidence of the chain of title i.e. from the original gazettal for irrigation purposes, through any intervening Order or Proclamation, to the latest Order or Proclamation.
Copies of these documents should be lodged with the Statement, or alternatively, the lodging party will be invited to lodge copies with the first plan or Statement in a particular region. At lodgment, the plan or Statement will attract a Conversion Application (CA) number. Any subsequent plan and Statement under the same chain of title should refer to the copies lodged with that prior CA.
Example In the case of Murrumbidgee Irrigation Limited the chain of title comprises:
- the Order pursuant to s.78 Irrigation Corporation Act 1994 setting up Murrumbidgee Irrigation Corporation (MIC) as a State Owner Corporation, signed by the Minister on 26/06/97
- the Order pursuant to s.78 Irrigation Corporations Act 1994 dated and signed by the Minister on the 26.6.1997, setting out the transfer of business undertakings and other assets, including the parts of the Second Schedule defining the transfer of land, easements and other interests and works to the Murrumbidgee Irrigation Corporation
- the Order dated 1 February 1999 of cl.4 of Schedule 4 Irrigation Corporations Act 1994 whereby the change of name from a Corporation to Limited is decreed and
- Order of the 12 February 1999 under the Irrigation Corporations Act 1994.
As copies of these documents are already attached to CA's 80676, 80677 and 80678 any subsequent CA on the same chain of title needs only to refer to the documents filed with one of these CA's.
Parts 3, 4 and 5
Must disclose any existing easements or other equitable rights over the land.
Part 7
Must refer to an attached copy of the relevant section of the plan held by Crown Lands Division defining the land held by the original irrigation corporation under the original gazettal notice. The copy should encompass sufficient surrounding area to locate the land on NSW LRS reference plans.
Example Land under control of Murrumbidgee Irrigation Limited is covered by Plan Catalogued 145.1079 as held by Crown Lands Division. These plans are not available in the NSW LRS plan file database.
Part 8
When the conversion action is to be taken on a new deposited plan, Part 8 must make direct reference to the land in the plan lodged for registration. This may be effected by reference to the lot or lots in plan of (state surveyors name) with reference number (state surveyor's plan reference number)
Example The Statement attached to DP1003381 could refer to 'Being Lot 1 in Surveyor Alan Raymond Longhurst's plan dated 15/09/98 with Surveyors Reference RP 7848', and
Part 9
As specialised and local knowledge is required to complete this part of the Statement. A Statement will not be accepted for processing unless it is signed by an authorised officer of the irrigation corporation.
If a Statement has not been lodged with a plan, the lodging party will be required to lodge one prior to any further action. A Statement will not be raised by NSW LRS.
Torrens title
Land standing under Torrens title at the time of the original taking Order or Proclamation remains Torrens title unless there was a resumption of the land 'as Crown land' prior to 1984, in which case it will have been converted to Crown title.
The Certificate of Title to the land, if there is one, should be produced.
In the case of a new plan, if title is not held under the current name of the Irrigation Corporation, a Request, or other dealing, should be lodged to effect a change of name.
The Request, or other dealing must claim the change of name pursuant to the Order or Proclamation to the irrigation corporation and any other documentation leading to the current ownership status.
Unlike the Statement accompanying a CA, it will not be necessary to produce the documentation. However, it will be necessary to list the documentation as set out in the example below.
Alternatively, copies of the evidencing documents may be lodged with every dealing or with the first dealing in a particular region. Any subsequent dealing, under the same chain of title, may refer to the evidence lodged with the first dealing.
Example A Real Property Act dealing needs only to list the supporting documentation. In the case of Murrumbidgee Irrigation Limited the chain of title comprises:
- the Order pursuant to s.78 Irrigation Corporation Act 1994 setting up Murrumbidgee Irrigation Corporation as a State Owner Corporation, signed by the Minister on 26/06/1997
- the Order pursuant to s.78 Irrigation corporations Act 1994 setting out the transfer of business undertakings and other assets, dated and signed by the Minister on the 26/06/1997, including the parts of the Second Schedule stating the transfer of land, easements and other interests and works to the Murrumbidgee Irrigation Corporation
- the Order dated 1 February 1999 of cl.4, Schedule 4 Irrigation Corporations Act 1994 whereby the change of name to Murrumbidgee Corporation Limited is decreed and
- Order of the 12 February 1999 under the Irrigation Corporations Act 1994.
must be accompanied by a copy of the relevant section of the plan held by Crown Lands defining the original irrigation area as set out in the original gazettal notice. The copy should encompass sufficient surrounding area to locate the land on NSW LRS reference plans.
Example Land under control of Murrumbidgee Irrigation Limited is covered by Plan Catalogued 145.1079 as held by Crown Lands must:
- accurately identify the land affected by the Request or dealing. If the land in the Request or other dealing does not comprise the whole of a current title or parcel, a new plan defining the boundaries of the parcel should be lodged for registration. The Request should make reference to the new plan, and
- be signed by an authorised officer of the irrigation corporation.
New irrigation area plans
In general the requirements for the new deposited plan will be similar to those for plans used to define closed road. As with any other plan defining land held under Torrens title, the new plan must (if necessary) include a residue lot to incorporate the whole of the existing Torrens title parcel.
Signatures
The plan and any section 88B instrument (PDF 28 KB) must be signed under seal by the relevant irrigation corporation.
Consents
Where the plan effects a subdivision, within the meaning of the Environmental Planning and Assessment Act 1979 it will need to have a completed subdivision certificate. The certificate may be signed by:
- the consent authority
- the General Manager or an authorised person of the council
- an authorised person for the consent authority or the Crown or
- an accredited certifier.
Acceptable 'compiled' plans
A compiled plan will be acceptable for:
- houses and depots where the boundaries are based on a reliable survey plan or plans on public record,
- irrigation canals and drainage reserves only where:
- the boundaries are based on a reliable survey plan or plans on public record, and/or
- side boundaries are related to existing parcel boundaries and the terminals are directly related to identifiable corners of adjacent plans of survey, e.g. a right angular bend in a lot boundary, and/or
- the measurements are omitted, provided the plan fixes the boundaries of the lot or lots by reference to adjoining established boundaries, e.g. lot, allotment, portion and road boundaries.
A compiled plan will not be acceptable:
- when evidence is available that the survey information in the adjoining plan is unreliable, and/or
- when the plan defines the site of an easement, profit à prendre, positive covenant or restriction.
Note Not withstanding any of the above, NSW LRS retains the right to require a full plan of survey in any matter, as is required under current legislation
A full survey is required for:
- any plan used to define land, excluding a compilation allowed under survey or compiled plan, or
- any plan defining the site or 'proposed' site of an easement, profit à prendre, positive covenant or restriction excluding a 'partial' survey allowable under the provisions set out in the following paragraph.
A partial survey may be allowed to define the site of an easement, profit à prendre, positive covenant or restriction if the plan of the land, without the easement etc. is acceptable as a 'Compilation' plan and:
- the existing boundaries of the land are based on reliable survey information,
- adequate survey information is still available from prior surveys to determine the terminals of the easement, profit à prendre, positive covenant or restriction, and
- the partial survey does not disclose irregularities in the information used to determine the compiled boundaries of the land.
The plan heading
The heading in the plan and any section 88B instrument should accurately describe the purpose of the plan in detail, e.g:
PLAN OF PART OF DRAINAGE RESERVE VESTED PURSUANT TO SEC.78 OF THE IRRIGATION CORPORATION ACT 1994
or
PLAN OF DRAINAGE RESERVE VESTED PURSUANT TO SEC.78 OF THE IRRIGATION CORPORATION ACT 1994 AND EASEMENT FOR ELECTRICITY
Crown Grant Reservations
New titles that issue for lots forming part of former 'Irrigation Area' drainage and supply reserves will not usually be subject to Crown reservations and conditions unless the reserve originally comprised part of a Crown Grant.