New South Wales Consolidated Acts New South Wales Consolidated ActsSection 23F does not apply to the following transactions--
(a) a transaction that relates to the whole of the land comprised in a folio of the Register kept under the Real Property Act 1900 ,
(b) an application by the Crown to bring Crown land under the provisions of the Real Property Act 1900 ,
(b1) a transaction, initiated by the Crown, that redefines a boundary of Crown land that was brought under the provisions of the Real Property Act 1900 on the application of the Registrar-General under section 13D of that Act,
(c) a transaction that relates to the whole of the residue of land comprised in a folio of the Register kept under the Real Property Act 1900 , where part only of the land is shown in a current plan,
(d) a transaction that comprises--(i) the lease of part of an existing lot for a period that, including the period of any option to renew, does not exceed 5 years, or(ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,
(e) a transaction that comprises--(i) the lease of the whole or any part of a building, or(ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,
(f) a transaction that relates to an existing lot that is owned by 2 or more persons in severalty, where--(i) one of the owners disposes of his or her part of the lot to another owner, or(ii) all of the owners of the lot dispose of the lot to some other person,
(g) a transaction that relates to part of an existing lot, where--(i) that part (and no other part of the lot) is held by a person in his or her capacity as a trustee, administrator or executor of, or as a beneficiary of the estate of, an owner referred to in paragraph (f), and(ii) the transaction relates to the whole of that part,
(h) a transaction that relates to part of an existing lot, where--(i) the transaction is necessary to give effect to an order, direction or judgment of a court of competent jurisdiction, and(ii) the person by whom the transaction is given effect to does not have power to give effect to such a transaction with respect to any other part of the lot,
(i) a transaction that relates to part of an existing lot, where--(i) the transaction gives effect to a sale of land under a writ of execution, under Division 5 of Part 2 of Chapter 17 of the Local Government Act 1993 , under the NSW Trustee and Guardian Act 2009 or under any power conferred by a Commonwealth Act, and(ii) the person giving effect to the transaction does not have power to give effect to such a transaction with respect to any other part of the lot,
(j) a transaction that relates to part of an existing lot (not being land under the provisions of the Real Property Act 1900 ), where--(i) a person in adverse possession of that part disposes of that part to some other person, and(ii) the firstmentioned person does not have power to dispose of any other part of the existing lot,
(k) a transaction that relates to part of an existing lot, where the transaction conveys or transfers land to an Aboriginal Land Council in accordance with the requirements of the Aboriginal Land Rights Act 1983 , the Native Title (New South Wales) Act 1994 or any other Act or law,
(l) a transaction that relates to the whole of the residue of an existing lot, where part of the lot--(i) has been the subject of a transaction referred to in paragraph (h), (i), (j) or (k), or(ii) has been acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of land by compulsory process, or(iii) has been dedicated as a public road,
(m) a transaction that comprises--(i) the lease or licence of part of an existing lot under an ARTC arrangement under Part 8A of the Transport Administration Act 1988 , or(ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,
(n) a transaction that comprises--(i) the granting of a special purpose lease within the meaning of Division 5.7 of the Crown Land Management Act 2016 , or(ii) the transfer, conveyance, sublease, variation or mortgage of a leasehold interest so created,
(o) a transaction comprising the lease of part of association property within the meaning of the Community Land Development Act 2021 .