Land dealings must be lodged electronically
The Office of the Registrar General (ORG), NSW Land Registry Services (NSW LRS) and the Electronic Lodgment Network Operators (ELNOs) have worked together to develop electronic land dealings and documents to replace their paper counterparts. Conveyancing Rule 8.8 (Version 6) requires that all land dealings, caveats and priority notices must be lodged electronically from 11 October 2021, irrespective of the date they were signed.
Local councils as Subscribers
A local council must register as a Subscriber with an ELNO to prepare and lodge its own land dealings electronically. Local councils are to be registered as principal Subscribers. Principal Subscribers act for themselves in the electronic workspace and do not represent others. A local council registered as a Subscriber will digitally sign the dealing in the electronic workspace on its own behalf before lodging it for registration.
A local council wishing to register as a Subscriber should contact an ELNO:
Obligations under the Participation Rules
Subscribers must comply with the NSW Participation Rules. Before lodging a dealing, a Subscriber must verify a client’s or client agent’s identity and their right to enter into the transaction, and obtain a client authorisation.
As principal Subscribers act for themselves in electronic workspaces, they are not required to obtain a client authorisation, verify identity or verify the right to deal, as there is no client or client agent. However, they must retain any supporting evidence for the dealing for seven years, including evidence to satisfy the requirements for the dealing contained in the Registrar General’s Guidelines.
All Subscribers must comply with all the other NSW Participation Rules, including those related to system security.
ARNECC has prepared detailed guidance on these rules.
Local councils may engage a solicitor or conveyancer Subscriber
A local council that does not wish to register as a Subscriber may engage a solicitor or conveyancer Subscriber to lodge electronic dealings on its behalf. That Subscriber will digitally sign the electronic workspace on behalf of the local council. The Subscriber will be responsible for ensuring its own compliance with the Participation Rules.
Local councils as prescribed authorities
Under the Conveyancing Act 1919, local authorities constituted by an Act are prescribed authorities. Local authorities/councils will be commonly involved in the preparation and lodgment of the following land dealings:
- Positive Covenant
- Positive Covenant (with Registered Interest Holder Consent)
- Positive Covenant Affecting Land Vested in a Prescribed Authority
- Variation of Positive Covenant
- Release of Positive Covenant
- Restriction on the Use of Land by a Prescribed Authority
- Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent)
- Restriction on the Use of Land Vested in a Prescribed Authority
- Variation of Restriction on the Use of Land
- Transfer by a Local Council
- Transfer Granting Easement in Gross
- Transfer of Easement in Gross
- Transfer Releasing Easement
- Variation of Easement
- Cancellation of Easement
- Conservation Agreement
- Covenant Charge
For all the dealings listed above, the relevant local council will be required to be represented in the electronic workspace. As noted above, the local council can either act for itself as a principal Subscriber or engage a solicitor or conveyancer to act as its representative in the electronic workspace, including by digitally signing on the local council’s behalf.
For other dealings, such as a Release of Restriction on the Use of Land, the local council may not be required to be represented in the electronic workspace, unless they are the applicant seeking the registration of the dealing. For this dealing, a deed of release, agreement, a true copy of the order from the prescribed authority will be required to be uploaded.
Detailed requirements for each dealing are contained in the Registrar General’s Guidelines.
More information
For more information, contact NSW LRS or ORG.