Record new registered proprietor s46C Real Property Act 1900

Form 04RP (PDF 200 KB)

Dealing type - RP

Legislation - s46C Real Property Act 1900

Stamp duty - required

Not required for:

  • the NSW Crimes Commission vesting land in the name of the Public Trustee of NSW pursuant to the Criminal Assets Recovery Act 1990 or
  • State Rail Authority of New South Wales land vesting in Rail Corporation New South Wales pursuant to s94 Transport Administration Act 1988 or
  • a reserve trust or
  • a statutory authority or
  • a religious body or
  • an application pursuant to the Associations Incorporation Act 2009.

Certificate of Title - required for:

  • a change of the First Schedule or
  • a Reserve Trust where issued.

Not required for:

  • a change of ownership of a registered dealing or
  • vesting of a drainage reserve or public reserve in a local council.

NOS form - required for:

  • a change of ownership of the First Schedule or
  • a change of the lessee of a Crown land tenure Term Lease or Crown land Real Property Act lease.

Panels 1, 2, 3 and 5 require completion.

Not required for a time-share title.

Standard form of Caveat - does not prevent registration.

Priority Notice noted on the Register - see Priority Notice page. 

No lodgment fee is payable for a vesting under s46C Real Property Act 1900:

  • pursuant to Schedule 2 (5) Associations Incorporation Act 2009
  • pursuant to s11 Burns Philp Trustee Company Limited Act 1990
  • pursuant to s21 University of New England Act 1993
  • in favour of The Uniting Church in Australia Property Trust (NSW) of Methodist Church property, see Application Q625474. Note  A fee is payable for property of The Uniting Church (NSW) Trust Association (formerly the Methodist Trust Association) and the Uniting Church Council Of Mission Trust Association (formerly the Methodist Overseas-Mission trust Association) or
  • in favour of Westpac Banking Corporation from Westpac Savings Bank Limited.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 re:

  • drainage reserves [310.200]
  • minerals [345.100]
  • public reserves [310.250]
  • Religious bodies [171.100f.]
  • Reserve Trusts [172.250]
  • Trustees of Friendly Societies [90.850]
  • Trustees of Schools of Arts etc [172.550]
  • Trustees other than by the Trustee Act 1925 [10.250]
  • Vesting of an incorporated association [90.550].

(A) The reference title for the affected land must be stated.

(B) The registered number of the lease, mortgage or charge affected by the application must be stated. The reference to title for the land affected must be stated.

(D) The full name of the applicant must be stated.

(E) The full name of the current registered proprietor must be stated and be identical to the name as shown on the Torrens Title Register.

(F) The full name of the new registered proprietor must be stated.

A Reserve Trust has the powers of a corporation and the name as set out in the Government Gazette notice must be stated.

(G) The legislative provision and any relevant gazettal information related to the application must be stated. A copy of the relevant Government Gazette notice is required.

Note  An application pursuant to s46C Real Property Act 1900 is not acceptable for a vesting on the appointment or retirement of a trustee under the provisions of the Trustee Act 1925, or where express provision for registration is made by the Real Property Act 1900 or any other Act. See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [10.250].

Any evidence lodged with the application must be filmed with the dealing.

(I) The dealing must be executed by the applicant and be witnessed, or be executed on the applicant's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

See execution requirement for companies, witnesses etc pages.  

(J) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.

Staff processing information

Where an application vests airport land owned by the Federal Airports Corporation in the Commonwealth of Australia, a notification code AIRP must also be entered in the Second Schedule.  Refer to Legal through the Senior Examining Officer. 

Note  The notification 'Attention Is Directed To The Provisions Of The Airports (Transitional) Act 1996 And The Airports Act 1996' has no affect on the lodgment of dealings.

Applications in favour of:

  • a Friendly Society
  • State Rail Authority or
  • Urban Transit Authority,

may proceed with registration if in order.

Refer to SD31

An application in favour of a Reserve Trust.

Refer to SM99

An application vesting a drainage or public reserve in a Local Council.

Refer to SM98

Where the Application affects a mortgage or charge and there are notifications recorded under the mortgage or charge that changed the ownership of the mortgage/charge or changed the name of the mortgagee/chargee.

Refer to Legal through the Senior Examining Officer

All other applications.

Corporations Index

Where a company, incorporated association, co-operative etc has changed its name:

  • prepare a card set out as follows:

[new name of company etc]

formerly known as

[old name of company etc].

See [dealing no.] for evidence. 

  • file the card alphabetically in the Corporations Index located in Examination Branch.

Registration procedure

Proceed with registration if in order, or as directed.

Affecting the First Schedule

TRANSACTION    RP

CODE (name)    P, C or Q  [name of applicant; include all current registered proprietors]

TENANCY    S, J2 etc, T etc.

Where the application vests land in the Uniting Church in Australia Property Trust (NSW) remove any notification referring to the Methodist Model Deed.

Affecting a lease

TRANSACTION    UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease

SUB CODE

ULAP (lease)

CODE (name)     P, C or Q  [name of lessee or mortgagee; include all current lessees or mortgagee].

Affecting a mortgage or charge

RP DETAILS click Cancel

TRANSACTION    MOD

PRIME CODE    code of mortgage or charge as shown on the Register

PRIME NO.    number of mortgage or charge

CODE (name)     P, C or Q  [name of all current mortgagees or chargees]

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee/chargee] [number of Application to Record New Registered Proprietor]).