In late 2016 Land and Property Information (LPI) was made aware that information relating to Roads and Maritime Services (RMS) interests in parcels of land was not correctly uploaded to the Central Register of Restrictions (CRR). Two missing files were related to the proposed F6 Corridor and were not uploaded during the period 27 June to 24 October 2016. A further file related to the New M5 was not correctly uploaded on 18 September 2014.
LPI has conducted a thorough audit of all files received from RMS back to 2009 when the current system was established and no further missing files were found. The CRR was fully uploaded by 11 November 2016.
The independent investigation
On 28 October 2016 an independent investigation was ordered into the cause of the error and the actions needed to prevent it happening again.
The investigation by PricewaterhouseCoopers found the error occurred because the process for uploading files from Roads and Maritime Services (RMS) into the CRR has, since its establishment in 2009, been informal, inconsistent and lacking in governance and review mechanisms.
The Government has released the investigation report in full and adopted a number of recommendations.
The independent report
The former Minister for Finance, Services and Property, the Hon Dominic Perrottet MP, asked Professor Alan Fels AO and Professor David Cousins AM to advise the Government on compensation options.
Professor Fels and Cousins submitted the ‘NSW Department of Finance, Services and Innovation Redress for Central Register of Restrictions Errors report’ to Government in March 2017. The Government considered the report and accepted the majority of the recommendations.
Compensation for involved property owners
Owners of the 377 properties who received incorrect information relating to the New M5 project and purchased the property in question will be entitled to $5,000 per property plus reimbursement of the cost for any reasonable legal advice sought in response to being notified of the CRR error. This reflects that planning for the New M5 has substantially progressed and the majority of properties involved are outside this design area;
- Owners of the 205 properties who received incorrect information relating to the F6 project and purchased the property in question will be entitled to:
- $30,000 per property plus reimbursement of the cost of any reasonable legal advice sought in response to being notified of the CRR error; or
- Voluntary Government acquisition of the property at the original purchase price plus $75,000. Stamp duty, reasonable legal, conveyancing and lenders mortgage insurance costs paid on the property will be re-paid by the Government.