General exemptions
Plans for any of the following purposes are exempt from requiring subdivision consent:
- consolidation
- survey information only
- lease of telecommunication site provided the plan does not include associated land for purposes other than the telecommunications equipment
- lease of premises (including electricity substation premises)
- identification, including:
- a plan supporting a Primary Application which is not a plan of subdivision
- a redefinition plan
- an amendment plan
- a delimitation plan
- defining the site(s) of a proposed easement, profit à prendre or restrictive or positive covenant defining the site(s) for creating or releasing an easement or profit à prendre
- defining the site(s) for creating a restrictive or positive covenant
- boundary adjustment within the meaning of the Community Land Development Act. 1989, or
- Strata Plan of Consolidation or Building Alteration within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.
Where consent is not required the 'Subdivision Certificate' or 'Councils Certificate' panel on the Administration Sheet should be ruled through prior to lodgment of the plan.
Aboriginal Land Council plans
A plan for 'Aboriginal Land Council' purposes under the Aboriginal Land Rights Act 1983 and lodged by Crown Lands or a third party is exempt from requiring a subdivision certificate under s.23G(k) Conveyancing Act 1919. An authorised officer of Crown Lands must sign the plan.
A statement must be added to the panel on the administration sheet of the plan.
THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER SECTION 23G(k) CONVEYANCING ACT 1919
Acquisition plans
A plan for Acquisition and/or Resumption is exempt from subdivision consent provided the plan only defines the land to be resumed and the residue of any lot.
Commonwealth Authority plans
A plan lodged for or on behalf of a Commonwealth authority (for any purpose) is exempt under s.195C(2) Conveyancing Act 1919. The plan must be signed by an authorised officer of the Commonwealth authority. A statement must be added to the administration sheet of the plan.
THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER SECTION 195C(2) CONVEYANCING ACT 1919
This exemption does not apply to corporate government bodies (eg airport corporations authority) or lessees of Commonwealth owned property.
Crown 'Torrens Title' creation plans
A plan for 'First Title Issue' lodged by Crown Lands or a third party is exempt from requiring a subdivision certificate under s.23G(b) Conveyancing Act 1919. The plan should be signed by an authorised officer of Crown Lands (in appropriate panel on the Administration sheet) and be accompanied by a completed CL45-11 draft form (PDF 407.2 KB) setting out the manner in which the certificate(s) of title is/are to issue.
If a plan for 'First Title Issue' purposes is not lodged by Crown Lands, a letter from them giving permission for a specified third party to lodge the plan (and any associated documentation) must be lodged with the plan. Crown Lands must add a statement to the Administration sheet of the plan.
THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER SECTION 23G(b) CONVEYANCING ACT 1919
For more information relating to a 'First Title Issue' plan prepared see closing of roads information.
Subdivision of a Crown Reserve title
The first subdivision of a Crown Reserve certificate of title does not require a subdivision certificate - see s.23G(b1) Coveyancing Act 1919. For more information - see Crown Reserve titles.
Exemption from Subdivision Consent by legislation
Exemptions from the provisions of section 109J Environmental Planning and Assessment Act 1979 and consequent Subdivision Certificate also exist in other legislation. A claim for any such exemption should be made by written request, which should accompany the plan at lodgment. The request (in the form of a declaration) must:
- clearly set out the section(s) of the relevant legislation that provides for the exemption
- be signed by an officer of the authority or corporation requesting the exemption, and
- define that persons position or authority to sign the declaration.
After lodgment the request may be forwarded to a NSW LRS Legal officer for determination.
When satisfied as to the validity of the request, NSW LRS will amend the plan by striking through the Subdivision Certificate (where not already done) and adding a statement.
EVIDENCE THE PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATE UNDER...(insert reference to legislation)...FILED WITH THE PAPERS
Lease plans exempt
A plan for lease of land may be exempt from subdivision consent provided a statutory declaration is lodged stating the plan will only be used to identify land in a lease where the term plus any option of renewal is 5 years or less. An accompanying lease with a term plus renewal of 5 years or less will not satisfy this requirement as another lease for more than 5 years may be lodged at a later date. A plan for a lease with a term greater than five years, including any option of renewal, constitutes a subdivision in terms of sectiion 6.2 Environmental Planning and Assessment Act 1979 and s.195(1) Conveyancing Act 1919 and will consequently require subdivision consent. A statement will be added to the panel on the Administration sheet of the plan.
THIS PLAN IS ONLY AVAILABLE TO DEFINE LAND FOR LEASE PURPOSES WHERE THE TERM PLUS ANY RENEWAL IS 5 YEARS OR LESS.
IT IS NOT AVAILABLE FOR SUBDIVISION OR TITLE ISSUE PURPOSES.
If this statement is added to the plan prior to lodgment, it will not be necessary to provide the declaration.
Any subsequent lease for more than 5 years, including any option of renewal, that refers to lots in the plan will be rejected at lodgment.
Roads and Maritime Services plans exempt
The Roads and Maritime Services (RMS) prepares plans defining parcels of land intended to be resumed for road works and residue lots. The standard rules for an acquisition plan apply and on registration 'Dummy' folios will be created in the usual manner.
However, where the whole of a parcel of land (shown as a lot for roadworks and a single residue lot in the acquisition plan) already stands in the name of the RMS, the authority may in some instances supply a letter with the plan, requesting the Registrar General to create new titles (NO CT) for the new lots. Such a plan will constitute a subdivision of the current parcel and an exemption from obtaining a Subdivision Certificate is required. The RMS must rule through the subdivision certificate and add a statement to the Administration sheet of the plan referring to the exemption given and filed under NSW LRS File 1997M6(2). The statement should be signed by an authorised officer of the RMS and read:
THIS PLAN IS EXEMPT FROM SUBDIVISION CERTIFICATION PURSUANT TO AN AGREEMENT BETWEEN THE DEPARTMENT OF PLANNING, RTA AND NSW LRS. SEE 1997M6(2). LAND IN THE PLAN COMPRISES ONLY ROAD AND RESIDUE.
Note Prior to March 2011 the Department of Planning and Infrastructure www.planning.nsw.gov.au was known as the Department of Planning before 2005 it was known as the Department of Infrastructure Planning and Natural Resources (DIPNR), and prior to that as the Department of Urban Affairs and Planning (DUAP). The original agreement was with DUAP.
Transitways and Tollways
Plans for Transitways and Tollways will be treated as plans for public road and any statement on the plan must only refer to Transitway or Tollway as a future declaration following the creation of the public road.