Conveyancing (General) Regulation 2018

This Regulation is the Conveyancing (General) Regulation 2018.

This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Conveyancing (General) Regulation 2013 which is repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

administration sheet, in relation to a plan, means the separate document, in the approved form, required to be lodged with the plan under section 195A of the Act.

approved means approved for the time being by the Registrar-General.

deposited plan means a plan (other than a strata plan) lodged for registration or recording.

fee unit—see Part 2 of Schedule 1.

plan of survey means a formal land survey plan within the meaning of the Surveying and Spatial Information Act 2002.

public restriction or obligation has the same meaning as in the Act, section 88B.

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 Development Act 2015.

section 88B instrument means a section 88B instrument within the meaning of clause 18 or 19.

strata plan means a building alteration plan, a strata plan, a strata plan of consolidation or a strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015.

survey certificate has the same meaning as in the Surveying and Spatial Information Regulation 2017 or in any regulation that replaces that regulation.

the Act means the Conveyancing Act 1919.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

The provisions of this Regulation apply in addition to the provisions of the regulations and lodgment rules made under the Real Property Act 1900. However, to the extent of any inconsistency, the provisions of this Regulation prevail.

For the purposes of section 184D(3) of the Act, the certificate to accompany an instrument for registration must be signed by—

the person lodging the instrument, or

a party to the instrument, or

a solicitor or agent acting for the person lodging, or a party to, the instrument.

For the Act, section 184E(1), to allocate a distinctive reference to an instrument lodged by hand, the Registrar-General must record the distinctive reference on, and affix the Registrar-General’s seal to—

the original instrument, and

the registration copy of the instrument.

To allocate a distinctive reference to an instrument lodged electronically, the Registrar-General must record the distinctive reference and the Registrar-General’s seal on the instrument lodged for registration.

For the Act, section 202(1)(c), the Registrar-General must send a copy of an instrument that has been allocated a distinctive reference in accordance with clause 6(2) to the person who lodged the instrument for registration as soon as practicable after the instrument is registered in the General Register of Deeds.

For the purposes of section 186(2) of the Act, the prescribed manner in which registration of a writ, order or current legal proceedings in the General Register of Deeds is to be renewed is by means of an application in the approved form.

A notice of resumption that is lodged for registration in the General Register of Deeds under section 196A(3)(a) of the Act 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).

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.

A deposited plan must be in the form of a plan of survey unless the Registrar-General otherwise permits.

All parcels of land (including parcels intended for public reserves and drainage reserves) shown on a deposited plan must be numbered on the plan consecutively in strict numerical sequence, using no more than 4 numerals for each parcel number.

All parcels of land shown on a deposited plan that are intended to be dedicated as roads must be numbered consecutively on the plan in strict numerical sequence, using no more than 4 numerals for each parcel number, if the Registrar-General requires them to be so numbered.

Parcels must not be identified on a deposited plan by reference to a “section” or “block”.

The complete dimensions (including area) of each parcel must be shown on the deposited plan.

Each deposited plan must include (if required by the Registrar-General) a table indicating the street address of each parcel shown in the plan.

The following matters must be shown in the relevant spaces of the information panels of a deposited plan—

the name of the surveyor who carried out the relevant survey (if applicable),

the surveyor’s reference (if applicable),

the date of the survey (if applicable),

the reduction ratio at which the plan is drawn,

the plan heading,

the local government area,

the locality,

the subdivision certificate number (if applicable).