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Crown road closure plans 2006/1

First edition March 2006

Re-issued November 2009

1. Introduction

NSW LRS has implemented a policy of converting all unnecessary Crown roads to Torrens Title to enable the creation of a computer folio suitable for the registration of a subsequent transfer. As well as the sale of unnecessary original portion and reserved roads, the project also includes Crown roads that were dedicated as public roads but have not been constructed or maintained by the local council, roads that have been closed by gazettal but never re-granted and roads subject to a current Enclosure Permit.

Roads vested and in use by the public and roads that were created from Torrens or Old System parcels are NOT included in this program.

In order to minimise the cost of the conversion and sale of these roads the Registrar General has given dispensation for the necessary road closure plans to be created as departmental Crown Road plans.  As these plans will not fully define the boundaries of the parcel by survey, the new certificate(s) of title will issue bearing a “Limitation” notification.

2. Documents required

The Crown Road Closure plan will define the road that is intended to be closed. The plan will be prepared in Crown Lands Division and forwarded to NSW LRS for registration and first title creation. The requisite lodgment fees must be paid.

The plan must be accompanied by:

  • A completed Crown Lands CL45-36 (PDF 247 kb) document authorising the Registrar General to create a First Title for the subject Crown Land. This document should be signed by an authorised officer of Crown Lands and bear the relevant date and file reference.  The document should also specify that all minerals are excluded pursuant to s.171 Crown Lands Act 1989.

Note 1 If the road intended to be closed has previously been vested in the council as road the appropriate check-box on the CL45-36 (PDF 247 kb) document must be completed to indicate that the council has been advised of the intended closure.

  • A Section 88B Instrument (if necessary) to create any easements, restrictions on the use of land and/or positive covenants pursuant to s.88D Conveyancing Act 1919.

3. Plan requirements

Crown Road Closure plans are derived from the cadastral pattern shown in the CRV and define the parcel by abuttals (ie without dimensions). The plan must:

  • be prepared on 120gsm white A3 paper (or be lodged electronically via eplan)
  • bear evidence of Crown Lands Office approval (and appropriate file reference) in the panel on the Administration Sheet of the plan
  • clearly indicate as lot(s) in the plan the parcel(s) of Crown Road intended to be closed
  • clearly indicate the parcels abutting the new lot(s). Where the original Crown portions have been subdivided in a later deposited plan the current parcels abutting the road must be shown
  • include an area for each lot, a north point and all current adjoining road and waterway names
  • indicate all parish, county and local government area boundaries affecting the new lots
  • indicate the plan as “Not to Scale”
  • include the heading:

“Plan of First Title Creation and Road Closing under the Roads Act 1993”

  • identify the site of any new or existing easement, restriction on the use of land or positive covenant [either as to the entirety or part of the new lot(s)] and include a statement (in the appropriate panel on the plan) indicating the creation pursuant to Section 88B Conveyancing Act 1919 of any new easement, restriction on the use of land, or positive covenant.
  • include a statement that the plan is exempt from a Subdivision Certificate pursuant to Section 23G(b) Conveyancing Act 1919
  • bear a statement, viz
Full dimensions and/or area(s) may not be available for all lots.  Any division of the lands herein will necessitate the lodgment of a plan of survey.

 

See  Example A below.

Multiple lots

If it is intended to create two (or more) lots from one existing road parcel, the division must be located:

  • between two established corners of the adjoining parcels
  • along the prolongation of a boundary of an adjoining parcel, or
  • perpendicular to the boundary of the adjoining parcel (with a connection shown to the nearest parcel corner)

The division must NOT be an irregular line, pass longitudinally along the road or be based on an existing line of occupation. A plan of survey should be prepared in these instances. See Examples B and C below.

Notes

  1. The Road Closure Plan should not encompass new lots situated at a significant distance from each other. In these instances separate plans for the individual parcels will be required. Any enquiries should be directed to the NSW LRS plan and Title Advisor.
  2. The above requirements constitute the minimum necessary to define a piece of Crown road intended to be closed.  In some instances Crown Lands Division may prepare a full plan of survey or a fully dimensioned plan that meets NSW LRS Compiled Plan guidelines.  These plans must be prepared in accordance with the standard procedures for a deposited plan.  The new certificate of title that issues from these plans will not be subject to a “Limitation” notification.
  3. If the Crown Road Enclosure plan is lodged in NSW LRS electronically via eplan it must be accompanied by a Signatures Form incorporating all relevant statements, signatures and consents.

4. Environmental Protection Restrictions

Any proposed Restriction on the Use of Land / Positive Covenant to create an Environmental Protection Zone must be included in a Section 88B Instrument lodged with the Crown Road Closure plan.  The proposed Protection Zone will affect the entirety of the new lot(s) with appropriate terms set out in Part 2 of the Instrument.  The terms may include a statement to the effect that only part of the closed road is affected by the restriction / positive covenant. The Section 88B Instrument may include a sketch indicating the positions of various “zones” affecting the lot.

For further information relating to Crown Environmental Protection Zones – see T & RS Practice Statement No. 2005/7 – Crown Land NSW Environmental Protection Zones

5. Easements

Easements may also be created in the new Section 88B Instrument as affecting the new lot(s).  These could include Rights of Footway or Carriageway, Rights of Access, and Easements for Services, Water Supply, Drainage etc.

Similarly to Restrictions on the Use of Land / Positive Covenants these easements must be created over the entirety of the lot unless:

  • the Right of Carriageway or Footway is defined by the centreline of a track in use, or
  • the new easement site complies with the Registrar General’s Guidelines for Compiled Plans (eg the easement boundaries are parallel and/or perpendicular to the lot boundaries and sufficient dimensions are included to establish the limits of the site)
  • the new easement fills in a “gap” between Transgrid transmission line easements previously registered on the adjoining parcels.  The easement should be included in a Section 88B Instrument as “Easement for Transmission Line … Wide over Existing Line of Poles”.  The centreline of the easement should be shown on the plan along with appropriate connections adopted from the adjoining easement plans.

Note 1 If the easement site also affects the adjoining parcels (eg an easement over a track in use that crosses the boundary) it will be necessary to produce the affected certificate(s) of title.  The plan and s.88B Instrument must be signed by all affected parties of the adjoining parcels affected by the easement pursuant to s.195D Conveyancing Act 1919.

Note 2 If a Right of Carriageway or Footway is defined by the centreline of a track in use it will be necessary for a statement to be added to the plan indicating the method by which the centreline was defined eg by traverse, aerial photograph(s) or from the relevant topographic sheet(s).  For further information see Easements over tracks in use

 

Example_A1

 

Example_B1

Example_C1

 

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