Boundary consents and approvals
Legislation requires certain prescribed authorities and other parties to supply consent to the definition of the boundaries of plans as follows:
Where a surveyed boundary abuts land controlled by a prescribed authority it may be necessary to obtain the authority's consent.
Roads and Maritime Services www.rms.nsw.gov.au/
Lord Howe Island Board (Crown Authority)
Rail Infrastructure Corporation and ARTC Property (Railways) www.railcorp.info/
Sydney City Council www.cityofsydney.nsw.gov.au
Crown lands, (on behalf of the Minister administering the Crown Lands Act 1989 Crown Land)
National Parks and Reserves www.environment.nsw.gov.au (where the bay or estuary is under their control as a National Park, Reserve etc.)
Barangaroo Delivery Authority www.barangaroo.com
Consent of adjoining owners to refixing of Old System parcel boundaries
Where the boundary of a parcel described in a deed has been satisfactorily refixed, but lies outside a fence, building or other structure which is more than 12 years old. See Old System boundaries for more information.
Notification of consent of adjoining owners
The adjoining owner(s) should sign a copy of the plan bearing the following statement:
'I/We being the owners of ....[insert details]....adjoining hereby consent to the location of the boundary defined in the plan hereon.
Where the written consent of an adjoining owner has been obtained, the following note will be added to the plan:
THE CONSENT OF THE ADJOINING OWNER TO THE DEFINITION OF THE ............................ BOUNDARY HAS BEEN FURNISHED
Note Where the parcel adjoins land vested in an Aboriginal Land Council the written consent of the ALC (as adjoining owner) must be accompanied by a completed Registration Approval Certificate.
Consents to natural boundaries
Most alterations to the position of the Mean High Water Mark (MHWM) or the original definition of the bank of a non-tidal stream will require the consent of the relevant authority. For more information see Consents to natural boundaries page.
Consents to road boundaries
Since the commencement of the Roads Act 1993, local councils are the roads authority for all public roads see s.7 Roads Act 1993, except for:
- Freeways (vested in the Roads and Maritime Services),
- Crown public roads (Crown Lands on behalf of the Minister administering the Crown Lands Act 1989, is the roads authority for all Crown public roads),
- Roads on Lord Howe Island (the Lord Howe Island Board is responsible for all public roads and Crown roads on Lord Howe Island), or
- a public road, (other than a freeway or Crown public road) declared to be under the control of some other public authority, eg Sydney Harbour Foreshore Authority.
Where there is doubt as to the consenting authority the LPI Plan and Title Advisor 02 9228 6817 should be consulted.
Where the definition of a reserved road, shown in a plan, differs from the original survey, the surveyor is required to furnish the consent of Crown Lands to the definition of the reserved road. Also see our pages on Claims to centre line of road (ad medium filum viae) and Quarter session roads for roads created under Act 4 William IV No.11.
Where the road is a public road under the care and control of the council, then the consent of the council to the definition of the reserved road will be required.
Where a substantial variation occurs between a redefinition of a road and the original site as it appeared on a registered plan, approval of the responsible authority must be obtained - i.e. the Roads and Maritime Services, Crown lands or local council.
New and closed roads affecting Crown land
Where a substantial variation occurs between a road redefinition and the original site as it appeared on a Crown plan, approval of the responsible authority must be obtained i.e. Crown lands or the local council.
Roads within Sydney City Council
With the exception of roads controlled by:
- Roads and Maritime Services, or
- Sydney Harbour Foreshore Authority
Consent to the definition of roads within the boundaries of the City of Sydney as set out in 1998 is required to be endorsed on all new deposited plans. See Plan of City of Sydney Council.
Note 1 A definition taken from a registered deposited plan previously consented to will be acceptable. In these cases a statement should be added to the original plan indicating that the definition agrees with that previously consented to by Council.
Note 2 When the survey was made by a council surveyor a note to that effect should be added to the plan in the panel provided for statements.
Consents to railway boundaries
Where land is bounded by railway land consent by the Land Information Unit of RailCorp Property will be required, unless the boundary is either:
- based on (and identical to) a boundary shown in a previous plan that bears the consent of RailCorp or
- is defined by existing registered deposited plans, portion plans or section plans, and
- the surveyor's definition of the railway boundary maintains that definition without excess in side boundaries to the railway boundary, and
- the definition is supported by evidence of railway occupations.
Initial inquiries should be directed to Keith Dunbar of the Land Information Unit, 02 8922 1045 or www.railcorp.info
Written applications for consent to the survey definition, together with three copies of the plan and a report on the method used to define the railway boundary, should be forwarded to:
Land Information Unit
First Floor, 477 Pitt Street
E: Keith.Dunbar@railcorp.nsw.gov.au or F: 02 8922 1322
Note At present Rail Corp Land Information Unit provides the consent for all railway authorities - including Australian Track Corporation (ARTC), Country Rail Infrastucture Authority etc
Victorian controlled railways
Three railway lines in southern New South Wales (Mullewa to Oatlands, Echuca to Deniliquin and Moulamein) are under the control of the State Railways of Victoria (VICTRACK).
New plans with boundaries adjoining these three railway lines will also require the surveyor to obtain the relevant consent.
Enquires should be directed to John Smith of VICTRACK email@example.com
The consent of the operator of a private railway (eg South Maitland Railway) is required for any new deposited plan adopting a common boundary with the railway.