Authority Updates - New South Wales - September 2016

LPI requirements for Signing of plans and Dealings by Councils

Land and Property Information (LPI) requirements for the signing of plans and dealings by Councils. Accordingly the following guidelines are set out. 

There are three main ways that Councils sign dealings and plans that are lodged at LPI:

  • Signing under Common Seal 
  • Signing under Power of Attorney 
  • Signing by an Authorised Delegate. 

Under Common Seal? 

The following execution clause is suggested:

The common seal of (name of Council) was affixed on (date) in the presence of (full name and title) and (full name and title) 

Seal of Council 
Signature 
(name of signatory and title) 
Signature 
(name of signatory and title) 

The Local Government (General) Regulation 2005 states that the seal of a Council may be affixed in the presence of;

  • the mayor and the general manager, or 
  • at least one councillor (other than the mayor) and the general manager, or 
  • the mayor and at least one other councillor, or 
  • at least 2 councillors other than the mayor. 

Under Power of Attorney? 

A suggested form of words is:

(name of Council) by its Attorney (name of Attorney) pursuant to Power of Attorney Book……. Number…….. in the presence of: 

(Signature of Attorney) 
(Name of Attorney) 
I certify that I am an eligible witness and that the Attorney signed in my presence 
(Signature of Witness) 
(Name of Witness) 
(Address of Witness) 

An Authorised Delegate? 

A suggested form of words is: 
(name of Council) by its authorised delegate pursuant to s.377 Local Government Act 1919 (name of delegate) 
(Signature of delegate) 
(Name of delegate) 
I certify that I am an eligible witness and that the delegate signed in my presence 
(Signature of Witness) 
(Name of Witness) 
(Address of Witness) 

An eligible witness is a person who has known the authorised delegate for more than 12 months or who has sighted identifying documentation. 

The Registrar General is entitled, under section 36(3) of the Real Property Act 1900, to assume that the signature by the authorised delegate is properly authorised by Council. 

More information 

For more information see who can sign a plan or instrument.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.