Transfer for public reserve or drainage reserve

Form  01TD (PDF 107KB)

Dealing type - TD

Legislation - s49 Local Government Act 1993

Stamp duty - required.  The number of title references indicated by Revenue NSW must agree with Note (A).

Any alteration to the title reference or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party may be ignored. The addition of a name must be marked.

Certificate of Title - required.

NOS form - Panels 1, 2, 3, 4 and 5 require completion. Ignore 3A and 4 if the transfer is not for value.

Standard form of Caveat - prevents registration.

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

Requirements are the same as for a standard transfer, together with the following.

An extra fee is not payable for the public reserve or drainage reserve notification entered in the Second Schedule.

(A) The reference to title for the land being transferred must be stated.

(C) The full name of the transferor must be stated and must be identical to the name of the registered proprietor as shown on the Register.

(D) The type of reserve being created must be indicated by deleting the inappropriate term. The deletion must be verified. A notification stating that the land is dedicated as public reserve or as drainage reserve is entered in the Second Schedule.

(E) The full name of the transferee, i.e. the Local Council, must be stated.

(F) The transfer must be executed by the transferor and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed or
  • authorised officer and witnessed.

Note  A solicitor, barrister or licensed conveyancer cannot execute on behalf of the transferor.

See execution requirements for companies, witnesses etc pages.

 Where the transferor is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB). The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title. 

(G) The dealing must be executed by the Local Council - see execution by Local Councils.

(H) 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

If in order proceed with registration except for the following.

Refer to SD31

Where the transfer or covenant involves:

  • an Aboriginal Association or corporation
  • the NSW/Local Aboriginal Land Council.

Registration procedure

CODE (name)    C  [name of Local Council]

TENANCY    S

Entry of public reserve or drainage reserve notification

ADD. TRANSACTION    ON

PRIME CODE  DDR  (Drainage Reserve)

KP (Public Reserve).