New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 34)
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.
(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 left-hand side) and 10 mm (on the right-hand side and at the top and bottom).
(2) Typewriting, printing, writing or seals must not extend into the margin.
The paper used must be:
(a) white and free from discolouration and blemishes, and
(b) not less than 80 grams per square metre, and
(c) 297 mm in length by 210 mm in width (standard A4),or such other paper as may be approved.
All text must be at least 10 point (1.8 mm) in size and be clear and legible and in dense black ink or dense dark blue ink. 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.
Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.
Alterations must be made by striking through the matter intended to be altered and not by rubbing, scraping or cutting the surface of the paper or by using correction fluid. An alteration must be initialled or verified by the parties to the instrument.
Signatures or initials noting alterations by interlineation or the striking through of matter must be placed in the margin as near as practicable to the alteration.
The final sheet must bear:
(a) the attested 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) the attested signature of the prescribed authority that is intending to impose a restriction on use or a positive covenant in respect of the land pursuant to section 88D or 88E of the Act, and
(c) the attested signature of the prescribed authority or the owner of the land outside the plan where it is intended to create a covenant that requires the authority or the owner to maintain or repair, or to contribute to the maintenance or repair of, the site of an easement, and
(d) the attested 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 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.
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”.
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.