Conveyancing Law: Dealing with Crown Leases Under the 2016 Act

This report provides a briefing paper for conveyancers regarding Crown leases under the Crown Lands Management Act 2016 (NSW). It outlines the key awareness points for conveyancers, including relevant laws, transfer rules, necessary information about the crown land, governmental policies, and the subject matter of the lease. The report also discusses the conveyancing law and principles, highlighting the electronic conveyancing regime in Australia, relevant acts like the Conveyancing Act 1919 NSW, and the importance of identity verification and client authorization in conveyancing transactions. Desklib offers a variety of resources including past papers and solved assignments for students.

Property Law
Questions

Contents
Prepare a short briefing paper for uploading the AICNSW website in relation to what
conveyancers need to be aware of in dealing with crown leases under the Crown Lands
Management Act 2016 (NSW).....................................................................................................3
Discuss the above statement in light of the conveyancing law and principles that you have
studied..........................................................................................................................................4
REFERENCES................................................................................................................................6

Prepare a short briefing paper for uploading the AICNSW website in relation to what
conveyancers need to be aware of in dealing with crown leases under the Crown Lands
Management Act 2016 (NSW).
Crown lease can be referred to as the lease of the land which is granted by or may be in the
name of Commonwealth. Crown land can be defined as the territorial area which belongs to the
monarch which is personified as the crown. It is equal to the entailed estate and also passes with
monarchy which is inseparable from it. It includes various ranges of the types of land which
includes crown lands which are held under the licence, lease or the permit, lands which are
retained in the public ownership, lands in crown public road for the environmental purpose, and
other unallocated lands. When the crown land is being made on lease, it grants the exclusive
right to occupancy and the use of the land for the particular time period and for the specific aim,
subject to the annual rent. These leases are granted mainly when the use of the land is being
required for the commercial ventures such as irrigation, agricultural initiatives, caravan parks,
etc. (Weatherall, 2017) The conveyancer is the one who mainly deals with the cases of transfer
of property. When a conveyancer is dealing with the crown leases, it must be aware of the
following-
 The law which governs the crown lease which is Crown Lands Management Act, 2016.
 The rules relating to the transfer of the property and its ownership or possession.
 It must have the relevant information relating to the crown land such as under which
jurisdiction the particular land comes in, is it vacant or under possession of other party,
etc.
 The conveyancer must also be aware of the governmental policies which relates to the
crown land and its lease so that there are no legal consequences being faced by it in case
of any violation of law.
 The conveyancer must also be aware of the subject matter for which the crown land is
being leased so that it is not being leased for any irrelevant purpose or subject matter
(Fusaro, 2021).
 It must be aware of the relevant information relating to the property of crown land which
includes any debt owing to the department of which it belongs, the consent of the
concerned person of whom jurisdiction the crown land is being leased and many other
information.

 The conveyancer must also be aware of the different types of leases for which the crown
land is to be leased such as perpetual lease, etc.
 It must also have the knowledge of how to draft the plan of the management for the
crown land so that its purpose is served and no relevant information is left to be included.
It must also have the knowledge of termination of lease which is granted by the manager
of crown land which includes notice of revocation, etc.
Hence, it can be said that the conveyancer must have the knowledge of whole of the law of
crown of land management so that it can handle the cases of crown land lease in an appropriate
manner.
Discuss the above statement in light of the conveyancing law and principles that you have
studied.
As in the Caveat their is generally being undertaken that all the trivial acts are not being
managed and it is being taken lightly . It focus on managing all the financials and the commercial
purpose. Mainly caveat focus on managing and providing the injunctions through which it
mainly prevents all the registration and the dealings of the property. Their is being seen that
conveyancing is mainly the new regime which is implemented in Australia and it covers all the
legal and the general legal practitioners. Their is being seen that all the implementation of the
law related to conveyancing is managed through all the legal methods and the practitioners. It
involves all the registry and the instruments through which the caveat and the outline relating to
the general laws and the implications are proposed (Tran-Tsai, Martin and Adams, 2019).
In 2017, their is been introduced by the government about the general electronic
conveyance through which all the reforms are managed and it manage and effect all the
principles through which the electronic Conveyancing act is being introduced. This mainly focus
on all the mortgage and the discharge of the mortgage and the property rights, caveats with the
withdrawal of caveat and that is being covered under the electronic lodging network. Some of the
major laws which are being incorporated and made in the Conveyancing through their act is like
the Conveyancing Act 1919 NSW, real PROPETY ACT 1900 Electronic Conveyancing Law
and many more.
Some of the major focus of the Conveyancing act on the Australia property law is mainly under
section 23 through which all the changing norms related to the electronic Conveyancing is
managed it focus on providing NSW Land Registry services. It comprise of mainly the

Mortgages, transmission of applications, Discharge of Mortgages, Transfers, Withdrawal of
caveat, Refinancing the documents and many more. And for all such things their were being
made4 the rules like:
 Identity of the person is required with certified documents.
 Conveyancing transaction are needed to be covered through all the authorisation by the
clients.
 Retaining all the documents and certificate is important (Kaczorowska, 2020).
Other then this they section 74F(5) provides the methods to lodge the caveat and also
manage the interest within it. So through all this it can be analysed that the Conveyancing law is
the important framework in Australia and it is been made in order to cover all the matters related
to property and general rights and further management.

REFERENCES
Books and Journals
Fusaro, A., 2021. The Legal Services Market and Conveyancing. In General Reports of the XXth
General Congress of the International Academy of Comparative Law-Rapports
généraux du XXème Congrès général de l'Académie internationale de droit
comparé (pp. 669-673). Springer, Cham.
Kaczorowska, M., 2020. European Initiatives for the Integration of Land Registers and the
Development of Cross-Border Conveyancing. In Forum Prawnicze (p. 36).
Tran-Tsai, K., Martin, C. and Adams, B., 2019. More e-conveyancing essentials for the modern
property lawyer. LSJ: Law Society of NSW Journal. (59). pp.80-81.
Weatherall, K.G., 2017. The Emergence and Development of Intellectual Property Law in
Australia and New Zealand.