New South Wales Consolidated Regulations

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CONVEYANCING (GENERAL) REGULATION 2008 - SCHEDULE 9

SCHEDULE 9 – Requirements for section 88B instruments

(Clause 38)

1 Text

The text of a section 88B instrument must be clearly printed or written:

(a) across the width of each sheet of paper used, and
(b) unless the Registrar-General otherwise permits, on one side only of each sheet.

2 Margins

(1) The sheets used must have clear margins:
(a) on the first sheet-of not less than 10 mm (on the left-hand side), 10 mm (on the right-hand side), 25 mm (at the top) and 10 mm (at the bottom), and
(b) on each subsequent sheet-of not less than 10 mm (on the sides and top and bottom).
(2) No printing, writing or other notation (other than directions or notations authorised by the Registrar-General) must appear in, or extend into, the margin.

3 Paper

The paper used must be:

(a) archival paper of a quality approved by the Registrar-General, that is:
(i) white and free from discolouration and blemishes, and
(ii) of a paper density of not less than 80 grams per square metre (80 gsm), and
(iii) 297 mm in length by 210 mm in width (standard A4), or
(b) such other paper as may be approved by the Registrar-General.

4 Size of lettering

All text must be at least 10 point (1.8 mm) in size and be clear and legible and dense black or dense dark blue in colour. The lines must not overlap. A carbon copy, or a copy in which the typewritten characters blur or spread, or are liable to mark or damage an adjacent sheet, will not be accepted.

5 Legibility

Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.

6 Alterations

Alterations may only be made by striking through the matter intended to be altered or by interlineation and not by rubbing, scraping or cutting the surface of the paper or by using correction fluid. An alteration must be verified by the parties to the instrument.

7 Verification of alterations

Signatures or initials verifying alterations must be placed in the margin as near as practicable to the alteration.

8 Signatures

The final sheet must bear:

(a) the attested original signatures of the persons who appear to the Registrar-General to be the owners, mortgagees, or covenant chargees of the land over which the easement, or in respect of which the restriction, covenant or profit à prendre, is intended to be created, and
(b) in the case of the creation of a restriction on use or a positive covenant pursuant to section 88D or 88E of the Act-the attested original signature of the prescribed authority in whose favour the restriction or positive covenant is to be created, and
(c) if the instrument is intended to impose an obligation, however described, on a prescribed authority or the owner of land outside of the plan to maintain or repair, or to contribute to the maintenance or repair of, the site of an easement-the attested original signature of the prescribed authority or owner, and
(d) the attested original signatures of the persons who appear to the Registrar-General to be the owners, mortgagees or covenant chargees of the land that has the benefit of the easement or profit à prendre that is intended to be released or partially released, and
(e) the attested original signature of any person whose consent is required to a release or partial release of the easement or profit à prendre, and
(f) the capacity in which each signatory has signed.

9 Numbering of sheets

If the instrument comprises more than one sheet:

(a) each sheet other than the first sheet and the final sheet must repeat the heading on the first sheet and the plan identification appearing in Part 1 of the instrument, and
(b) each sheet other than the final sheet must be signed by an attesting witness to the final sheet, and
(c) each sheet must be numbered sequentially in the top right hand corner of each sheet as “Sheetofsheets”.

10 References to signatures

In this Schedule, a reference to a "signature" includes a reference to the affixing of a seal or any other method by which a corporation or prescribed authority executes an instrument.



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