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RTA road acquistion plans 2011/2

2nd edition: Issued November 2011 

Plans prepared by the Roads and Maritime Services (RMS) to define the parcels intended to be acquired for new roads (and their residues) frequently include parcels which already stand in the name of the Agency (by the registration of an earlier transfer dealing etc) and which will not require subsequent gazettal action. It has been the practice of NSW LRS to regard these parcels as being subdivided by the new plan and consequently where the current title(s) has been lodged with the plan, title(s) for the relevant new lots are created without further action. An agreement (1997M6 [Item 2]) between NSW LRS, RTA and the Department of Urban Affairs and Planning granted a special exemption for these lots to be created without the requirement for endorsing a subdivision certificate on the plan.

However, this exemption does not apply to subsequent actions by RMS once the land has been acquired and titles have been created for lots in the original plan. Recently, RMS has been lodging “second” acquisition plans to reflect design alterations to the location of the new road and these plans have been requisitioned to include a completed subdivision certificate. RMS has objected to these requisitions in the belief that the exemption applies to all acquisition plans.

New practice

Following consultation with RMS it has been decided that to maintain consistency in the acquisition of land for road purposes, no titles will be created at plan registration stage and that all lots (including those where the land stands in the name of the RMS) be created by gazettal action and/or subsequent lodgment of an appropriate Transfer or Request dealing. Dummy records are to be created for every lot in the new acquisition plan and any Certificate of Title accompanying the plan should be delivered back to the Lodging Party or Production Agent. The current exemption statement is now superfluous and should not be shown on the plan.

In some rare circumstances, titles may still be required on registration of the plan. In these cases RMS will lodge a letter with the plan formally requesting the title creation. The plan must bear a completed subdivision certificate signed by an authorised delegate of the Minister Administering the Roads Act 1993.

A “second stage” road plan will again be lodged as a proposed acquisition plan. The heading of the plan should be:

“Plan of Land Required for the Purposes of the Roads Act 1993.”

The Statement of Intention set out on the Administration Sheet of the plan should refer to:

“Lots 1 and 2 supersede Lots 4 and 5 DP123456”

Prior lots and title reference details must be shown on the face of the plan.

The current parcels will either be the original lots prior to the first acquisition plan, or lots in the first acquisition plan (where titles have subsequently been created for lots in that plan).

 

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