QueenslandLandTitleAct1994Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Land, Explosives andOther
Legislation Amendment Bill 2018. This indicative reprint has
beenprepared for information only—it is
not an authorised reprint of the Act.An
enacted but uncommenced amendment included in theState
PenaltiesEnforcement Amendment Act 2017No.
13 has also been incorporated inthis indicative
reprint.The point-in-time date for this indicative
reprint is the introduction date fortheLand,ExplosivesandOtherLegislationAmendmentBill2018—15February
2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Land
Title Act 1994ContentsNotauthorised—indicativeonly162164165166167Division 2168168A169170171172Part 9Division 1173174175176177178179Division 2Subdivision
A180181182183Subdivision B184185186187Subdivision
C188Page
10Obligations of witness for individual. .
. . . . . . . . . . . . . . . . . . . .144Dispensing with production of paper
instrument . . . . . . . . . . . . .145Requiring plan of survey to be lodged . . .
. . . . . . . . . . . . . . . . . .145Destroying instrument in certain
circumstances. . . . . . . . . . . . .145Transferor must do everything
necessary etc.. . . . . . . . . . . . . .146Standard terms documents forming
part of
instrumentsMeaning of
standard terms document
in div
2. . . . . . . . . . . . . .146References to
registered standard terms
document .
. .
. .
. .
. .
.147Standard terms document to
which instrument refers
may be
registered147Standard terms document that is part of an
instrument. . . . . . .147Instrument not limited to that contained in
standard terms document147Withdrawal
or cancellation of
standard terms document
. .
. .
. .
.147Registration of instruments
and its
effectRegistration of
instrumentsHow an instrument is registered. .
. . . . . . . . . . . . . . . . . . . . . . .148When an instrument
is registered. . . . . . . . . . . . . . . . . . . . . . . .148Time
from when instrument forms part of register
etc.. . . . . . . .148Registered instrument operates as
a deed
. .
. .
. .
. .
. .
. .
. .
. .
.148Order of
registration of instruments .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .149Priority of registered instruments .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .149Evidentiary effect of recording particulars in
the freehold land
register149Consequences of registrationGeneralBenefits of
registration . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .150Interest in a lot not transferred or
created until registration . . . . .150Effect of registration
on interest
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .150Right to have
interest registered .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .150IndefeasibilityQuality of
registered interests. . . . . . . . . . . . . . . . . . . . . . . . . . .151Exceptions to
s 184
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.151Action to correct wrong inclusion
of a
lot .
. .
. .
. .
. .
. .
. .
. .
. .
. .155Orders by Supreme Court about
fraud and
competing interests .155CompensationCompensation
for deprivation of
lot or
interest in
lot .
. .
. .
. .
. .
.155
188A188AA188B188C188D189189A190Part 10191Part 11192193194195196196A197198198A199Part
12Division 1200201203204205206207Division 2208Division 3Land Title Act
1994ContentsCompensation for
loss or damage. . . . . . . . . . . . . . . . . . . . . .
.156Compensation for which claim may not
be made. . . . . . . . . . . .157Order by Supreme Court about deprivation,
loss or damage. . .157Time
limit for claim. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .158No right of
subrogation for insurers . . . . . . . . . . . . . . . . . . . . .
. .158Matters for which there is no entitlement
to compensation .
. .
. .158Limit on amounts recoverable by
mortgagee. . . . . . . . . . . . . . .160State’s right of
subrogation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .162LiensVendor does
not have
equitable lien . . . . . . . . . . . . . . . . . . . . . .163MiscellaneousWords and
expressions used in instruments
under Act. . . . . . .163Protection from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .163Chief executive
may approve
forms. . . . . . . . . . . . . . . . . . . . . .163Reference to instrument is
reference to instrument
completed inappropriate form. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .164References in instruments to a person
with an interest in a lot includespersonal
representatives etc.. . . . . . . . . . . . . . . . . . . . . . . . . . .164Publication of
particular public notices
on department’s
website164Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165Delivery of paper documents .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.165Supply of statistical data. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .166Regulation-making
power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .167Savings and transitional provisionsSavings and
transitional provisions for
Act No.
11 of
1994Things made
under repealed Acts. . . . . . . . . . . . . . . . . . . . . . .168Interests and certificates of
title under
repealed Acts. . . . . . . . .169Effect of repeal by this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169Registration
of instrument lodged
before commencement of
this Act170Reference to
registrar-general etc.. . . . . . . . . . . . . . . . . . .
. . . .171References to office of registrar of
titles. . . . . . . . . . . . . . . . . . .171Reference to Act repealed by this Act
. . . . . . . . . . . . . . . . . . . . .171Transitional provision for Act No. 57 of
1995References
to registrar of
dealings .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .171Transitional provision for
Guardianship and Administration
Act2000Page 11Notauthorised—indicativeonly
Notauthorised—indicativeonlyLand Title Act 1994Contents209Division 4210Division 5211Division 6212Division 7Subdivision
1213Subdivision 2214215216217Schedule 1Schedule 2Authorisation under repealed s 136 continues
for 1 year. . . . . .172Transitional provision for the Legal
Profession Act 2004Continuation of particular exclusion of
entitlement under s 189.172Transitional provision for Natural Resources
and Other LegislationAmendment Act 2010Continuing
application of no compensation provision . . . . . . . . .173Transitional provision for Land and
Other Legislation AmendmentAct 2017Existing
settlement notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . .173Transitional
provisions for Land, Explosives and
Other LegislationAmendment Act
2018Registered
building management statementsApplication of
s 54D(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .174Certificates of titleDefinition for
subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .174Certificates of
title cease
to be
instruments . . . . . . . . . . . . . . . . .174Registration
of particular instruments lodged
before commencementwithout
certificate of title. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .175Provisions of
other Acts relating to certificates of title . . . . . . . .
.175Witnesses to instruments. .
. . . . . . . . . . . . . . . . . . . . . . . . . . .176Dictionary. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.177Page 12
Notauthorised—indicativeonlyLand
Title Act 1994Land Title Act 1994Part 1
Preliminary[s 1]An Act to
consolidate and reform the law about the registrationof
freehold land and interests in freehold land, and for otherrelated purposesPart 1Preliminary1Short
titleThis Act may be cited as theLand
Title Act 1994.3Object of
ActThe object of this Act is to consolidate and
reform the lawabout the registration of freehold land and
interests in freeholdland and, in particular—(a)todefinetherightsofpersonswithaninterestinregistered freehold land; and(b)to continue and improve the system for
registering titleto and transferring interests in freehold
land; and(c)todefinethefunctionsandpowersoftheregistraroftitles; and(d)to
assist the keeping of the registers in the land registry,particularlybyauthorisingtheuseofinformationtechnology.Current as at
[Not applicable]Page 13
Land
Title Act 1994Part 2 Administration[s 4]4DefinitionsAdictionaryinschedule 2definesparticularwordsusedinthis
Act.Notauthorised—indicativeonly4AReferencesIn a
provision of this Act about a community titles scheme, areference to—(a)scheme land, is a reference to the scheme
land for thescheme; and(b)the
body corporate, is a reference to the body corporatefor
the scheme; and(c)commonproperty,isareferencetocommonpropertyfor
the scheme; and(d)the community management statement, is
a reference tothe community management statement for the
scheme.5Act binds all personsThis
Act binds all persons, including the State and, so far asthelegislativepoweroftheParliamentpermits,theCommonwealth, the other States and the
Territories.Part 2AdministrationDivision 1General6Registrar of titles(1)There is to continue to be a registrar of
titles.(2)The registrar has a seal of
office.(3)The registrar is to be employed under
thePublic Service Act2008.Page 14Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 2 Administration[s 7](4)Judicial notice must be taken of the
signature, or the imprintof the seal, of the registrar
appearing on a document and thedocument must be
presumed to have been properly signed orsealed until the
contrary is proved.(5)In acting under this Act or another
Act, the registrar is subjectto the chief
executive, but is not subject to any other officer oremployee of the department.7Land registry(1)The
chief executive must keep a land registry.(2)The
land registry includes—(a)the freehold
land register; and(b)registers about land required or
permitted by an Act tobe kept by the registrar; and(c)registers about land prescribed by
regulation; and(d)otherregistersaboutlandrequiredorpermittedbyanAct to be included in the land
registry.(3)A regulation may prescribe—(a)thelocationsofofficesofthelandregistryorotherplaces where
documents may be lodged; and(b)theparticulardocumentsthatmay,ormaynot,belodged at a particular office of the
land registry or otherplaceforregistrationorrecordingintheappropriateregister.8Form of registers(1)Aregisterkeptbytheregistrarmaybekeptintheform(whether or not in a documentary form) the
registrar considersappropriate.(2)Without limiting subsection (1), the
registrar may change theform in which a register or a part of
a register is kept.Current as at [Not applicable]Page
15
Land
Title Act 1994Part 2 Administration[s 9]9DelegationThe registrar
may delegate the registrar’s powers under thisActoranotherActtoanofficeroremployeeofthedepartment.Notauthorised—indicativeonly9ALand title
practice manual(1)Theregistrarmaykeepamanualoflandtitlepractice(bywhatevernamecalled)inthewaytheregistrarconsidersappropriate, for the information and
guidance of land registrystaff and persons dealing with the
land registry.(2)The manual may include—(a)directions given by the registrar
under section 10(1)(b);and(b)directions given by the chief executive
under theLandAct 1994,
section 287(1)(b); and(ba)directionsgivenbythechiefexecutiveundertheForestry Act 1959, section 61RW;
and(c)practices developed in the land
registry, before or afterthecommencementofthissection,forthedepositingand lodging of
instruments, including practices directedat ensuring
that—(i)there is consistency and efficiency in
land registryprocesses; and(ii)eachregisterunderthisActisanaccurate,comprehensive
and useable record; and(iii)theintegrityoftheregistersincludedinthelandregistry is supported and maintained to the
greatestpracticable extent.(3)Themanualmayincludestatementsaboutadditionalinformationapersonmayberequiredtoproduce,oradditional instruments or documents a person
may be requiredto deposit, under section 156.(4)Themanualmayprovidefortheregistrar’sapprovaloftheformofanelectronicconveyancingdocumentforthePage 16Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 2 Administration[s 10]ElectronicConveyancingNationalLaw(Queensland),section
7(1)(a).(5)The registrar must make the manual
available to the public inthe way the registrar considers
appropriate.(6)Without limiting subsection (5), the
registrar must ensure anup-to-date copy of the manual is
available to be read free ofcharge at each
office of the land registry.Division 2General requirements forinstruments in
the freehold landregister10Form
of instruments(1)An instrument lodged by a person or
issued by the registrarmust—(a)be
in the appropriate form; and(b)comply with the directions of the registrar
about—(i)how the appropriate form must be
completed; and(ii)how information
to be included in or given with theinstrument must
be included or given.(2)An instrument
required or permitted to be executed must be inthe appropriate
form when it is executed.(3)However, the
registrar may register an instrument that is not intheappropriateformiftheregistrarissatisfieditisnotreasonable to
require the instrument to have been executed inthe appropriate
form.(4)Also,theregistrarmayregister,orotherwisedealwith,aninstrument that does not comply with a
direction mentioned insubsection (1)(b) if the registrar is
satisfied it is reasonable tonot require the
compliance.(5)Subsections (3) and (4) do not apply
to an instrument that isan electronic conveyancing
document.Current as at [Not applicable]Page
17
Notauthorised—indicativeonlyLand Title Act 1994Part 2
Administration[s 10A]10ARegistration of, or dealing with, particular
instruments orother documents(1)Thissectionappliesifaninstrumentorotherdocumentislodgedordepositedotherthanincompliancewitharequirement under this Act.(2)Theregistrarmayregister,orotherwisedealwith,theinstrumentordocumentiftheregistrarissatisfieditisreasonable not to require the
compliance.11Execution of certain
instruments(1)An instrument to transfer or create an
interest in a lot must beexecuted by—(a)the
transferor or the person creating the interest; and(b)the transferee or the person in whose
favour the interestis to be created or a legal practitioner
authorised by thetransferee or the person.(2)A total or partial discharge or
release of mortgage need onlybe signed by the
mortgagee.(3)Foraninstrumentthatisanelectronicconveyancingdocument,
subsections (1) and (2) apply subject to the formapprovedfortheinstrumentundertheElectronicConveyancing
National Law (Queensland), section 7.11AOriginal mortgagee to confirm identity of
mortgagor(1)This section applies to—(a)the mortgaging of a lot or an interest
in a lot; and(b)anamendmentofamortgagementionedinparagraph(a).(2)Before the instrument of mortgage or
amendment of mortgageis lodged for registration, the
mortgagee under the instrument(theoriginal mortgagee) must take
reasonable steps to ensurethepersonwhoisthemortgagorundertheinstrumentisPage
18Current as at [Not applicable]
Land
Title Act 1994Part 2 Administration[s 11A]Notauthorised—indicativeonlyidentical with the person who is, or who is
about to become,the registered proprietor of the lot or the
interest in a lot.(2A)Forsubsection (2),apersonisthemortgagorunderaninstrumentofmortgageoramendmentofmortgageiftheperson executes the instrument as
mortgagor, including, if theinstrument is an
electronic conveyancing document, through asubscriberdigitallysigningtheinstrumentundertheElectronic Conveyancing National Law
(Queensland).(2B)Also, for
subsection (2), a person is the mortgagor under aninstrumentofmortgageoramendmentofmortgageiftheinstrumentisanelectronicconveyancingdocumentandthepersonsigns,asmortgagor,adocumentthatundertheparticipationrulesundertheElectronicConveyancingNational Law
(Queensland)—(a)is required as a supporting document
for the instrumentof mortgage or amendment of mortgage;
and(b)is required to be kept by the original
mortgagee.(3)Without limiting subsection (2), the
original mortgagee takesreasonablestepsunderthesubsectioniftheoriginalmortgagee
complies with practices included in the manual ofland
title practice under section 9A(2)(c) for the verificationof
identification of mortgagors.(4)The
original mortgagee must, for 7 years after the instrumentis
registered, and whether or not there is registered a
transferof the interest constituted by the
mortgage—(a)keep, in the approved form, a written
record of the stepstaken under subsection (2); or(b)keeporiginalsorcopiesofthedocumentsandotherevidenceprovidedtoorotherwiseobtainedbytheoriginal
mortgagee in complying with subsection (2).Maximum
penalty—20 penalty units.(5)The registrar
may, whether before or after the registration ofthe
instrument, and whether or not there has been registered atransferoftheinterestconstitutedbythemortgage,asktheoriginal mortgagee—Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyLand Title Act 1994Part 2
Administration[s 11B](a)toadvisetheregistraraboutthestepstakenbytheoriginal
mortgagee under subsection (2); and(b)toproducefortheregistrar’sinspectionthewrittenrecord mentioned
in subsection (4)(a) or the originals orcopies mentioned
in subsection (4)(b).(6)Theoriginalmortgageemustcomplywitharequestundersubsection (5) unless the original mortgagee
has a reasonableexcuse.Maximum
penalty—20 penalty units.(7)This section
applies to an instrument of mortgage only if it isexecuted after the commencement of this
section.11BMortgage transferee to confirm
identity of mortgagor(1)This section
applies to the transfer of the interest constitutedby
the mortgage of a lot or an interest in a lot.(2)Before the instrument of transfer is lodged
for registration, thetransfereeundertheinstrumentoftransfer(themortgagetransferee)musttakereasonablestepstoensurethepersonwho was the
mortgagor under the instrument of mortgage wasidenticalwiththepersonwho,whentheinstrumentofmortgage was registered, was the registered
proprietor of thelot, or the interest in a lot.(2A)Forsubsection (2),apersonwasthemortgagorunderaninstrument of mortgage if the person
executed the instrumentasmortgagor,including,iftheinstrumentisanelectronicconveyancingdocument,throughasubscriberdigitallysigningtheinstrumentundertheElectronicConveyancingNational Law
(Queensland).(2B)Also, for
subsection (2), a person was the mortgagor under aninstrumentofmortgageiftheinstrumentisanelectronicconveyancing
document and the person signed, as mortgagor,adocumentthatundertheparticipationrulesundertheElectronic Conveyancing National Law
(Queensland)—(a)wasrequiredasasupportingdocumentfortheinstrument of
mortgage; andPage 20Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 2 Administration[s 11B](b)wasrequiredtobekeptbytheoriginalmortgageementioned in
section 11A(2).(3)Without limiting subsection (2), the
mortgage transferee takesreasonablestepsunderthesubsectionifthemortgagetransferee
complies with practices included in the manual ofland
title practice under section 9A(2)(c) for the verificationof
identification of mortgagors.(4)The
mortgage transferee must, for 7 years after the instrumentof
transfer of the mortgage is registered, and whether or notthere is registered a further transfer of
the interest constitutedby the mortgage—(a)keep, in the approved form, a written record
of the stepstaken under subsection (2); or(b)keeporiginalsorcopiesofthedocumentsandotherevidenceprovidedtoorotherwiseobtainedbythemortgage
transferee in complying with subsection (2).Maximum
penalty—20 penalty units.(5)The registrar
may, whether before or after the registration ofthe
instrument of transfer of the mortgage, and whether or nottherehasbeenregisteredafurthertransferoftheinterestconstituted by the mortgage, ask the
mortgage transferee—(a)toadvisetheregistraraboutthestepstakenbythemortgage
transferee under subsection (2); and(b)toproducefortheregistrar’sinspectionthewrittenrecord mentioned
in subsection (4)(a) or the originals orcopies mentioned
in subsection (4)(b).(6)Themortgagetransfereemustcomplywitharequestundersubsection (5) unless the mortgage
transferee has a reasonableexcuse.Maximum penalty—20 penalty units.(7)This section applies to an instrument
of transfer of a mortgageonlyiftheinstrumentoftransferisexecutedafterthecommencement of this section.Current as at [Not applicable]Page
21
Notauthorised—indicativeonlyLand Title Act 1994Part 2
Administration[s 12](8)However, this section applies in relation to
an instrument ofmortgage whenever executed.12Giving consent for dealings(1)Subject to subsections (2) to (4), if
the consent of a person isrequired or permitted for a dealing
with a lot, the consent mustbe—(a)written on the instrument for the
dealing (therelevantinstrument); or(b)if the registrar considers it
appropriate—deposited withthe relevant instrument.(2)Iftherelevantinstrumentisanelectronicconveyancingdocument,thepersonistakentohavecompliedwithsubsection (1)
if the consent—(a)is in the form of an electronic
conveyancing document;and(b)is
deposited with the relevant instrument.(3)Subsection (4) applies if the relevant
instrument is lodged ordepositedinanelectronicformbyanelectroniccommunication
under—(a)thisActoranotherlaw,otherthantheElectronicConveyancing
National Law (Queensland); and(b)theElectronic Transactions (Queensland)
Act 2001.(4)The person is
taken to have complied with subsection (1) if—(a)a
method is used to identify the person and to indicatethe
person’s consent; and(b)having regard to
all the relevant circumstances when themethodwasused,themethodwasasreliableaswasappropriate for the purposes for which
the consent wascommunicated; and(c)the
registrar consents to the requirement being met byusing the method.Page 22Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 2 Administration[s 14]14Offence not to use appropriate
formIfthereisanappropriateformforaninstrument,apersonmust not
knowingly use a form for the instrument that is notthe
appropriate form.Maximum penalty—20 penalty units.Division 2AElectronic
conveyancingdocuments14AReference to a particular type of document
includes itselectronic conveyancing formA
reference in this Act to a document of a type that may belodged or deposited under this Act includes
a reference to thedocumentintheformofanelectronicconveyancingdocument.14BWhat is anelectronic
conveyancing document(1)Anelectronic conveyancing documentis a
document underthe Electronic Conveyancing National Law
(Queensland) thatislodgedelectronicallyundersection 7ofthatLaw,intheland
registry.Note—UndertheElectronicConveyancingNationalLaw(Queensland),schedule
1,section 12(1),definitiondocument,adocumentincludesany record of
information that exists in a digital form and is capable ofbeingreproduced,transmitted,storedandduplicatedbyelectronicmeans.(2)Subsection (3)appliestoadocumentthatislodgedordepositedinanelectronicformbyanelectroniccommunication
under—(a)thisActoranotherlaw,otherthantheElectronicConveyancing
National Law (Queensland); and(b)theElectronic Transactions (Queensland)
Act 2001.Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyLand Title Act 1994Part 2
Administration[s 14C](3)To
remove any doubt, it is declared that the document is notan
electronic conveyancing document.14CSigning or executing an electronic
conveyancingdocumentIf this Act
provides for a document to be signed or executedandthedocumentisanelectronicconveyancingdocument,the
document must be digitally signed as provided for underthe
Electronic Conveyancing National Law (Queensland).Division 3Powers of the
registrar15Registrar may correct registers(1)The registrar may correct any register
kept by the registrar ifthe registrar is satisfied
that—(a)the register is incorrect; and(b)the correction will not prejudice the
rights of the holderof an interest recorded in the
register.(2)Withoutlimitingsubsection (1),theregistrarmaycorrectaregister under the subsection if—(a)theregisterisincorrectbecausetheregistrarhasincorrectlyrecordedaparticularorregisteredaninstrument; or(b)the
registrar has held an inquiry under division 4, andhas
decided that the register is incorrect, including forexample,becausetherehasbeenfraudaffectingtheregister.(3)Theregistrarmaycorrectaregisterkeptbytheregistrar,whether or not
the correction will prejudice the rights of theholder of an
interest recorded in the register, if—(a)the
register to be corrected is the freehold land register,andthecorrectionistoshow,inrelationtoalot,anPage
24Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 2 Administration[s 16]easementtheparticularsofwhichhavebeenomittedfrom, or misdescribed in, the register;
or(b)theSupremeCourthasorderedthecorrectionundersection 26.(4)Section 185(3), (4) and (6) applies for
subsection (3)(a) in thesame way it applies for section
185(1)(c).(5)The registrar’s power to correct a
register includes power tocorrect a particular in the register
or an instrument formingpart of the register.(6)Ifaregisteriscorrected,theregistrarmustrecordintheregister—(a)the
state of the register before the correction; and(b)the time, date and circumstances of
the correction.(7)A register corrected by the registrar
under this section has thesame effect as if the relevant error
had not been made.(8)Forsubsection
(1)(b),therightsoftheholderofaninterestrecordedintheregisterarenotprejudicediftheholderacquiredorhasdealtwiththeinterestwithactualorconstructiveknowledgethattheregisterwasincorrectandhow
it was incorrect.16Lot-on-plan descriptionThe
registrar may simplify the description of a lot registeredinthefreeholdlandregisterbyamendingtheexistingdescription to a
lot-on-plan description.17Registrar may
prepare and register caveat(1)The
registrar may prepare and register a caveat over a lot, oran
interest in a lot, in favour of a person.(2)Theregistrarmayactundersubsection
(1)topreventadealing with the lot that may
prejudice—(a)the Commonwealth, a State or a local
government; orCurrent as at [Not applicable]Page
25
Notauthorised—indicativeonlyLand Title Act 1994Part 2
Administration[s 18](b)a
minor; or(c)a person who is intellectually or
mentally impaired or isincapable of managing the person’s own
affairs; or(d)a person who is absent from the State;
or(e)a person because of—(i)misdescription of the lot or its
boundaries; or(ii)fraud or
forgery; or(f)a person to whom a notice has been
given, or has beenrequired to be given, under section 30(3);
or(g)aperson,otherthanapersonmentionedinanyofparagraphs (a) to (f), who has an interest
in the lot.(3)Also, the registrar may act under
subsection (1) to prevent adealingwithalottogiveeffecttoanorderofacourtofcompetent jurisdiction directed to the
registrar.(4)Subsection (2)(g)appliesonlyiftheregistrarissatisfied,because of the
nature or urgency of particular circumstances,there is no
practicable alternative to registering the caveat.18Registrar may require public notice to
be given of certainproposed action(1)Thissectionappliesifaperson(theapplicant)askstheregistrar to do any of the following
things—(a)register the person as an adverse
possessor;(b)register a transmission of a
registered interest;(c)dispense with
production of an instrument.(2)The
registrar may, by written notice, require the applicant togive
public notice of the request.(3)However, if the applicant has asked the
registrar to register theperson as an adverse possessor, the
registrar must require theapplicant to give public notice of the
request.(4)The registrar may specify in the
notice to the applicant—Page 26Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 2 Administration[s 18A](a)what is to be included in the public
notice; and(b)how many times the public notice is to
be published; and(c)how and when the public notice is to
be published.(5)The applicant must satisfy the
registrar that the public noticehas been given
as required by the registrar.18APre-examination of plans(1)Nothing in this Act prevents the registrar
from examining aplanofsurveyandrelatedinstrumentsdepositedbeforetheplan—(a)is
approved by a local government; or(b)is
lodged for registration.(2)Section
156appliestoaplanandrelatedinstrumentsdeposited under
subsection (1).Division 4Inquiries19Registrar may decide to hold
inquiryTheregistrarmaydecidetoholdaninquiryunderthisdivision—(a)to decide whether a register should be
corrected; or(b)toconsiderwhetherapersonhasfraudulentlyorwrongfully—(i)obtained, kept or procured an instrument
affectingland in a register; or(ii)procuredaparticularinaregisteroranendorsement on an instrument affecting
land; or(c)to consider whether a fraud affecting
the land registryhas otherwise been committed; orCurrent as at [Not applicable]Page
27
Notauthorised—indicativeonlyLand Title Act 1994Part 2
Administration[s 20](d)tootherwiseconsideranissuearisingfromthelodgementorregistrationofaninstrumentinthelandregistry;
or(e)in circumstances prescribed by
regulation.20Registrar’s duties on inquiryWhen
conducting the inquiry, the registrar—(a)must
observe natural justice; and(b)mustactasquickly,andwithaslittleformalityandtechnicality,asisconsistentwithafairandproperconsideration of
the issues.21Registrar may decide procedures(1)The registrar—(a)is
not bound by the rules of evidence; and(b)may
inform himself or herself in any way the registrarconsiders appropriate; and(c)may decide the procedures to be
followed at the inquiry.(2)However, the
registrar must comply with this division and theprocedural rules that may be prescribed by
regulation.22Registrar’s powers on inquiry(1)In conducting the inquiry, the
registrar may—(a)actintheabsenceofapersonwhohasbeengivenreasonable notice; and(b)receive evidence on oath or affirmation or
by statutorydeclaration; and(c)adjourn the inquiry; and(d)disregard a defect, error or insufficiency
in a document;andPage 28Current as at
[Not applicable]
Land
Title Act 1994Part 2 Administration[s 23](e)permitorrefusetopermitaperson(includingalegalpractitioner) to
represent someone at the inquiry.(2)Theregistrarmayadministeranoathoraffirmationtoaperson appearing as a witness before
the inquiry.Notauthorised—indicativeonly23Notice to witness(1)The
registrar may, by written notice given to a person, requirethe
person to attend the inquiry at a specified time and placeas a
witness to give evidence or produce specified documentsor
things.(2)Without limiting subsection (1), any
of the following personsmay be required to attend the
inquiry—(a)apersonwhomayhavehelpedanotherpersonactfraudulentlyorwrongfullyinawaymentionedinsection 19(b);(b)a
person who is a party to a transaction that may haveresulted in a fraud affecting the land
registry;(c)a person who may have contributed
directly or indirectlyto a fraud affecting the land
registry.(3)A person required to appear as a
witness before the inquiry isentitled to the
witness fees prescribed by regulation or, if nowitnessfeesareprescribed,thereasonablewitnessfeesdecided by the
registrar.24Offences by witnesses(1)A person who is given a notice under
section 23 must not—(a)fail, without
reasonable excuse, to attend as required bythe notice;
or(b)fail, without reasonable excuse, to
continue to attend attheinquiryasrequiredbytheregistraruntilexcusedfrom further
attendance.Maximum penalty—35 penalty units.(2)A person appearing as a witness at the
inquiry must not—Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyLand Title Act 1994Part 2
Administration[s 25](a)failtotakeanoathormakeanaffirmationwhenrequired by the registrar; or(b)fail, without reasonable excuse, to
answer a question theperson is required to answer by the
registrar; or(c)fail, without reasonable excuse, to
produce a documentor thing the person is required to produce
by a noticeunder section 23.Maximum
penalty—35 penalty units.(3)Itisareasonableexcuseforapersontofailtoansweraquestionorproduceadocumentorthingifansweringthequestionorproducingthedocumentorthingmighttendtoincriminate the person.Division 5Registrar may refer matter to theSupreme Court25Referral to Supreme Court from
inquiry(1)If, in an inquiry under division 4, a
person—(a)failstoattendasrequiredbyanoticegivenundersection 23;
or(b)fails to continue to attend as
required by the registrar; or(c)failstotakeanoathormakeanaffirmationwhenrequired by the registrar; or(d)failstoansweraquestionthepersonisrequiredtoanswer by the registrar; or(e)failstoproduceadocumentorthingthepersonisrequired to produce by a notice under
section 23;the registrar may apply to the Supreme Court
for an order tocompel the person to comply with the notice
or requirement.(2)The Supreme Court may make any order
to assist the registrarintheregistrar’sconductoftheinquirythattheSupremeCourt considers
appropriate.Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 3 Freehold land register[s
26]26Other referrals by the registrar to
the Supreme CourtIn any matter under this Act, the registrar
may—(a)apply to the Supreme Court for
directions; or(b)state a case for decision by the
Supreme Court; or(c)referafindingofaninquirytotheSupremeCourt,seeking—(i)an
order for the registrar or another person to take astatedaction,includingforexampleanorderforthe
registrar to correct a register; or(ii)anorderthecourtconsidersappropriateinthecircumstances.Part 3Freehold land registerDivision 1General27Registrar must keep registerTheregistrarmustkeeparegisteroffreeholdland(thefreehold land
register).28Particulars the
registrar must record(1)Theregistrarmustrecordinthefreeholdlandregistertheparticulars necessary to identify—(a)every lot brought under this Act;
and(b)every interest registered in the
register; and(c)the name of the person who holds, and
the name of eachperson who has held, a registered interest;
and(d)if the person who holds a registered
interest is a minor—the minor’s date of birth; andCurrent as at [Not applicable]Page
31
Notauthorised—indicativeonlyLand Title Act 1994Part 3 Freehold
land register[s 29](e)all
instruments registered in the register and when theywere
lodged and registered.(2)Theregistrarmustalsorecordinthefreeholdlandregisteranything else required to be recorded by
this or another Act.29Particulars the registrar may
record(1)The registrar may record in the
freehold land register anythingthat the
registrar is permitted to record by this or another Act.(2)Theregistrarmayalsorecordinthefreeholdlandregisteranythingthattheregistrarconsidersshouldberecordedtoensurethattheregisterisanaccurate,comprehensiveanduseable record of freehold land in the
State.29AParticulars the registrar may
removeTheregistrarmayremovefromthefreeholdlandregisteranything
recorded under section 28(2) or 29 if—(a)theregistrarnolongerconsidersthethingshouldberecordedtoensurethefreeholdlandregisterisanaccurate, comprehensive and useable
record of freeholdland in the State; and(b)the
removal of the thing will not prejudice the rights ofthe
holder of an interest recorded in the register.30Registrar must register instruments(1)On lodgement of an instrument, the
registrar must register theinstrument
if—(a)thepersonwholodgeditcomplieswiththerequirements of this Act for its
registration; and(b)theinstrumentisnotinconsistentwithanotherActorlaw; and(c)iftheinstrumentisaplanofsurvey—itisnotinconsistent with another plan of
survey.Page 32Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 3 Freehold land register[s
31](2)However,subsection
(1)doesnotpreventthepersonfromwithdrawing the instrument.(3)If the instrument is a plan of survey
and it is inconsistent withanother plan of
survey, the registrar may—(a)give a written
notice to a registered proprietor of a lotthatmaybeaffectedbyregistrationoftheplanofsurvey; or(b)require the person who lodged the instrument
to give awrittennotice,inthewaytheregistrarrequires,toaperson mentioned
in paragraph (a).31Instruments form part of the freehold
land registerOn registration of an instrument in the
freehold land register,the instrument forms part of the
register.32Registrar’s procedures on lodgement
and registration ofinstrument(1)When
an instrument is lodged in the land registry, the registrarmust
note on the instrument—(a)the date and
time of lodgement; and(b)an identifying
reference.(2)When the instrument is registered, the
registrar must recordthe information mentioned in
subsection (1)(a) and (b) in theappropriate
register.33Separate part of the freehold land
register for powers ofattorneyThe registrar
must keep a separate part of the freehold landregister for
registered powers of attorney.Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyLand Title Act 1994Part 3 Freehold
land register[s 34]34Other
information not part of the freehold land register(1)Theregistrarmaykeepseparatelyfromthefreeholdlandregister information that the registrar
considers necessary ordesirable for the effective or
efficient operation of the register.(2)Theinformationmayincludeinformationgiventotheregistrar by
another entity.(3)Arelevantentityisnotcivillyliableforanactdone,oromission made, honestly and without
negligence in relation tothe giving or keeping of information
under this section.(4)Withoutlimitingsubsection (3),arelevantentityotherthantheregistraris notcivillyliableinrelationtothegivingorkeepingofinaccurateinformationunderthissectioniftherelevant entity
did not give the information to the registrar forkeeping under this section.(5)In this section—relevant
entitymeans—(a)the
registrar; or(b)the chief executive; or(c)the Minister; or(d)the
State.35Entitlement to search register(1)Apersonmay,onpaymentofthefeeprescribedunderaregulation—(a)search and obtain a copy of—(i)the indefeasible title of a lot;
or(ii)a registered
instrument; or(iii)aninstrumentthathasbeenlodgedbutisnotregistered (whether or not it has been
cancelled); or(iv)information kept
under this Act; andPage 34Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 3 Freehold land register[s
35](b)obtainacopyoftheindefeasibletitleofalot,oraregistered
instrument, certified by the registrar to be anaccurate
copy.(2)Subsection (1)(a)(iii) does not apply
to an instrument that hasbeen destroyed by the
registrar.(3)A search under subsection (1) may be
carried out at, or a copymentionedinsubsection (1)obtainedfrom,anofficeoftheland registry during office hours on a
day the land registry isopen for business.(4)Also, a search under subsection (1) may be
carried out by, or acopymentionedinsubsection (1)obtainedfrom,anentityengaged by the
chief executive for allowing persons to searchthelandregistryorobtaincopiesofindefeasibletitles,registeredorotherinstruments,orinformation,keptintheregistry.(5)The registrar may allow a person to
carry out a search undersubsection (1)(a) for—(a)only part of an indefeasible title for
a lot; or(b)only part of an instrument; or(c)only part of the information about an
instrument.(6)Theregistrarmayenterintoanarrangementwithanotherdepartment
allowing the department to carry out a search, orobtain a copy, under this section without
payment of the feementioned in subsection (1).(7)However, the registrar may enter into
an arrangement undersubsection (6) only if the registrar
is reasonably satisfied theinformationobtainedfromthesearchorthecopywillnotbe—(a)used
for a commercial purpose, including, for example,themarketingorsaleoftheinformationorotherinformation;
or(b)includedinanotherdatabaseofinformation,inanyform, other than with approval from
the registrar.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyLand Title Act 1994Part 3 Freehold
land register[s 35A]35AFee
required to produce document under subpoena etc.(1)This section applies if a fee is
payable under section 35(1) fora person to
obtain a copy of a document and—(a)a
subpoena requires the document to be produced; or(b)apersonhasappliedundertheEvidenceAct1977,section 134Aforthedocumenttobeproducedforinspection.(2)Despiteanyotherlaworruleofcourt,theregistrarisnotrequired to produce, or provide a copy
of, the document untilthe fee mentioned in section 35(1) is
paid.(3)Subsection (2) does not apply if a
department is not requiredto pay a fee for the document under an
agreement mentionedin section 35(6).36Evidentiary effect of certified copies of
documents(1)Adocumentpurportingtobeacertifiedcopyoftheindefeasibletitleofalotobtainedundersection 35(1)(b)isevidence of the indefeasible title.(2)A document purporting to be a
certified copy of a registeredinstrument
obtained under section 35(1)(b) is evidence of theregistered instrument.Division 2Indefeasible title37Creation of indefeasible titleAn
indefeasible title for a lot is created on the recording of
theparticulars of the lot in the freehold land
register.38Meaning ofindefeasible
titleTheindefeasible titlefor a lot is the
current particulars in thefreehold land register about the
lot.Page 36Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 3 Freehold land register[s
39]39Single indefeasible title for 2 or
more lots(1)Theregistrarmaycreateasingleindefeasibletitlefor2ormore
lots that have the same registered owner by including asinglesetofparticularsforthelotsinthefreeholdlandregister.(2)Theregistrarmayactunderthissectioniftheregistrarconsiders that,
in the special circumstances of the case, it isappropriate for
the lots to have a single indefeasible title.(3)Withoutlimitingsubsection (2),theregistrarmayactunderthis section if
the lots—(a)share a common boundary; or(b)have a boundary that adjoins the same
part of a road orwatercourse.40Separation of single indefeasible title for
2 or more lots(1)If the registrar has created a single
indefeasible title for 2 ormore lots, the
registrar may create separate indefeasible titlesfor
any of the lots by cancelling the single set of particularsfor
the lots in the freehold land register and including
separateparticulars for the lots.(2)Thissectiondoesnotpreventtheregistrarfromalsoactingunder section 39 for 2 or more of the
lots.41Transfer of land forming part of
indefeasible titleIf the registrar registers an instrument of
transfer for only partof the land in the indefeasible title
of a lot, the registrar mustcreate separate
indefeasible titles for the part of the land that istransferred, and the part that is not
transferred, by cancellingtheparticularsforthelotinthefreeholdlandregisterandincludingseparateparticularsforeachofthepartsintheregister.Current as at
[Not applicable]Page 37
Notauthorised—indicativeonlyLand Title Act 1994Part 3 Freehold
land register[s 41A]Division
2AIndefeasible title for commonproperty41ACreation of indefeasible title for common
propertyWhen a community titles scheme is
established, the registrarmust create an indefeasible title for
the common property forthe scheme.41BMeaning ofindefeasible
titlefor common propertyTheindefeasibletitleforcommonpropertyisthecurrentparticularsinthefreeholdlandregisteraboutthecommonproperty.41BAOwnership of common property(1)Common property for a community titles
scheme is owned bythe owners of the lots included in the
scheme, as tenants incommon, in shares proportionate to the
interest schedule lotentitlements of their respective
lots.(2)Subsection (1)applieseventhough,undersection
41A,theregistrar creates an indefeasible
title for the common property.(3)An
owner’s interest in a lot is inseparable from the owner’sinterest in the common property.Examples for subsection (3)—1A dealing affecting the lot affects,
without express mention, theinterest in the
common property.2An owner can not separately deal with
or dispose of the owner’sinterest in the common
property.41CApplication of provisions of Act to
common property(1)In this Act, a reference to a lot is
taken to include a referenceto common
property.Page 38Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 3 Freehold land register[s
41C](2)However,subsection
(1)haseffectonlytotheextentnecessarytoallowfortheregistration,andappropriaterecognition
under this Act, of dealings that—(a)affectcommonproperty(includingdealingsaffectinginterests in
common property); and(b)are consistent
with the BCCM Act.(3)In particular, subsection (1) has
effect subject to the followingprinciples—•there can be no registered owner for common
property(althoughthebodycorporateforthecommunitytitlesscheme that
includes the common property is taken to betheregisteredownerfordealingsaffectingthefeesimple interest
in the common property)•thefeesimpleinterestinthecommonpropertyforacommunity titles scheme can not be the
subject of saleortransfer(althoughapartofthecommonpropertymight be the subject of transfer after the
registration ofan appropriate plan of subdivision and the
recording of anew community management statement)•the fee simple interest in common
property can not bethe subject of a mortgage (although a lesser
interest abletobecreatedovercommonproperty,forexample,alease, might be the subject of a
mortgage).(4)Withoutlimitingsubsections (2)and(3),subsection
(1)hasno application for the purpose of the
following provisions—•this Act’s
definition oflot•division
2.Current as at [Not applicable]Page
39
Land
Title Act 1994Part 4 Registration of land[s
47]Part 4Registration of
landNotauthorised—indicativeonlyDivision 1Alienation of
State land47Alienated State land to be
registered(1)As soon as practicable after land is
alienated from the State—(a)if the deed of
grant for the land takes effect on deliveryto the
grantee—notice that the deed has been deliveredto the grantee
must be given to the registrar; orNote—See
theAboriginal Land Act 1991, section 44 and
theTorresStrait Islander
Land Act 1991, section 40 for examples of deedsof
grant that take effect on delivery of the deed to the
grantee.(b)otherwise—thedeedofgrantforthelandmustbelodged in the land registry.(2)The registrar must register the deed
of grant by recording theparticulars of the grant in the
freehold land register.(3)On the
registration of the deed of grant, an indefeasible title iscreated for the relevant lot.Division 2Land held by
State48Land held by the StateTheStatemay,underthisAct,acquire,holdanddealwithlots.Division
2AFormat of plans of survey48AAvailable formats for plans(1)A plan of survey may be in a standard,
building or volumetricformat.Page 40Current as at [Not applicable]
Land
Title Act 1994Part 4 Registration of land[s
48B](2)The format to be used in the plan
depends on how the plan isto define the land to which it
relates.Notauthorised—indicativeonly48BStandard format planAstandardformatplanofsurveydefineslandusingahorizontal plane and references to
marks on the ground.Example of marks—posts in the
ground48CBuilding format plan(1)Abuildingformatplanofsurveydefineslandusingthestructuralelementsofabuilding,including,forexample,floors, walls
and ceilings.(2)For subsection (1)—structuralelements,ofabuilding,includesprojectionsof,and
references to, structural elements of the building.Example of projections as structural
elements of a building—Projectionsmightbeusedtodefinealotthatincludesabalcony,courtyard,roofgardenorotherareanotbounded,orcompletelybounded, by a
floor, walls and a ceiling.48DVolumetric format
planAvolumetricformatplanofsurveydefineslandusing3dimensionallylocatedpointstoidentifytheposition,shapeand
dimensions of each bounding surface.Division
2BExplanatory format plans48EExplanatory format plan(1)The
registrar may approve the lodging of a plan relating to aninterestinlandotherthanaplanofsurveyinstandard,building or
volumetric format (anexplanatory format plan)
ifCurrent as at [Not applicable]Page
41
Notauthorised—indicativeonlyLand Title Act 1994Part 4
Registration of land[s 49]the registrar is
satisfied the land to which the interest relatesmay
be accurately defined using—(a)information already held in the land
registry; or(b)other information giving a high level
of accuracy aboutthe extent of the interest.(2)Lodginganexplanatoryformatplan,approvedunderthissection, is sufficient compliance with a
requirement under thisActtolodgeaplanofsurveyinstandard,buildingorvolumetric format.Division 3Plans of subdivision49Meaning ofplan of
subdivisionAplan of subdivisionis a
plan of survey providing for 1 ormore of the
following—(a)division of 1 or more lots;(b)amalgamationof2ormorelotstocreateasmallernumber of
lots;(c)dedication of land to public
use;(d)redefinition of a lot on a
resurvey.49APlan of subdivision may be
registered(1)A plan of subdivision may be
registered.(2)A lot defined in the plan is created
as a lot when the plan isregistered.49BStandard format plan of subdivision(1)This section applies to a standard
format plan of subdivision.(2)Commonpropertyforacommunitytitlesschememaybecreated under
the plan, but only if—Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 4 Registration of land[s
49C](a)the plan also creates 2 or more lots;
or(b)the common property created is
additional to commonpropertyalreadyexistingunderthecommunitytitlesscheme.(3)The
plan may create a lot from common property, other thancommon property created under—(a)abuildingformatplanofsubdivision,andwithinstructural
elements of a building; or(b)a volumetric
format plan of subdivision.49CBuilding format
plan of subdivision(1)This section applies to a building
format plan of subdivision.(2)Commonpropertyforacommunitytitlesschememustbecreatedundertheplanunlesstheplandividesalot,oramalgamates 2 or more lots, on an existing
registered buildingformat plan of subdivision.(3)Two or more lots must be created under
the plan unless—(a)theplanamalgamates2ormorelotsonanexistingregistered building format plan of
subdivision; or(b)commonpropertyforacommunitytitlesschemeiscreatedundertheplan,andthecommonpropertycreatedisadditionaltocommonpropertyalreadyexisting under
the community titles scheme.(4)Except to the extent permitted under a
direction given by theregistrar under section 10(1)(b), the
boundary of a lot createdundertheplan,andseparatedfromanotherlotorcommonpropertybyafloor,wallorceiling,mustbelocatedatthecentre of the floor, wall or
ceiling.49DVolumetric format plan of
subdivision(1)Thissectionappliestoavolumetricformatplanofsubdivision.Current as at
[Not applicable]Page 43
Notauthorised—indicativeonlyLand Title Act 1994Part 4
Registration of land[s 49DA](2)Commonpropertyforacommunitytitlesschememaybecreated under
the plan, but only if—(a)the plan also
creates 2 or more lots; or(b)the common
property created is additional to commonpropertyalreadyexistingunderthecommunitytitlesscheme.(3)Theplanmaydividealotonastandard,buildingorvolumetric format plan of
subdivision.49DACreation of common property(1)This section applies if—(a)the community management statement for
a communitytitles scheme provides for the progressive
subdivision ofscheme land; and(b)under the scheme, the scheme land is to be
subdividedbyaplanofsubdivisiontocreatecommonpropertyunder sections
49B to 49D.(2)Theregistrationoftheplanandrecordingofthenewcommunitymanagementstatementfortheschemeoperate,without anything
further, to create the common property.49EDivision of lot on standard format plan of
subdivision(1)This section applies if a building or
volumetric format plan ofsubdivision divides a standard format
lot, creating 2 or morelots.(2)If,afterthedivision,acreatedlotcontinuestobedefinedusingahorizontalplaneandreferencestomarksontheground, the created lot is a standard
format lot.50Requirements for registration of plan
of subdivision(1)A plan of subdivision must—Page
44Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 4 Registration of land[s
50](a)distinctlyshowallroads,parks,reservesandotherproposed lots
that are to be public use land; and(b)include a statement agreeing to the plan and
dedicatingthe public use land by—(i)the
registered owner; or(ii)ifthemortgageeoftheregisteredownerisinpossession—the
mortgagee in possession; and(c)show
all proposed lots marked with separate and distinctnumbers; and(d)distinctly show all proposed common
property; and(e)show all proposed easements marked
with separate anddistinct letters; and(f)comply with theSurvey and
Mapping Infrastructure Act2003; and(g)be certified as accurate by a
cadastral surveyor withinthe meaning of theSurveyors Act
2003; and(h)havebeenapprovedbytherelevantplanningbody,unless the plan
of subdivision provides only for—(i)theamalgamationof2ormorelotstocreateasmaller number of lots; or(ii)the redefinition
of a lot on a resurvey; or(iii)under the BCCM
Act, chapter 2, part 3, division 2,the
incorporation of a lot with common property orconversion of
lessee common property within themeaning of that
Act; and(i)if the plan of subdivision provides
for the division of 1or more lots, or the dedication of
land to public use—have been approved by the relevant planning
body; and(j)be consented to by all registered
mortgagees of each lotthesubjectoftheplanandallotherregisteredproprietors
whose interests are affected by the plan.Current as at
[Not applicable]Page 45
Notauthorised—indicativeonlyLand Title Act 1994Part 4
Registration of land[s 50](2)If
the plan of subdivision is to give effect to a surrender
undertheLand Act 1994, section 55, of
all or part of land containedin a deed of
grant in trust, the plan of subdivision—(a)must
be endorsed with or accompanied by the writtenapproval of the
Minister under that section; and(b)need
not have been approved by the relevant planningbodyaswouldotherwiseberequiredundersubsection (1)(h) or (i).(3)Subsection (1)(h)and(i)doesnotapplytoaplanofsubdivisionthat,otherthanforthissubsection,wouldhavebeen required to
have been approved by the relevant planningbody if—(a)foraplanthat,otherthanforthissubsection,wouldhaverequiredapprovalbyMEDQ—theplanisnotaplanofsubdivisionasdefinedintheEconomicDevelopment Act
2012, section 104(3); or(b)foraplanthat,otherthanforthissubsection,wouldhaverequiredapprovalbytherelevantlocalgovernment—the plan is not a plan for which
a processfor approving the plan is provided under the
PlanningAct.(4)Also,subsection
(1)(h)and(i)doesnotapplytoaplanofsubdivision that, under a provision of
another Act, is a planthat is not required to be approved by
the relevant planningbody.(5)Ifaplanofsubdivisionisapprovedasmentionedinsubsection (1)(h) or (i) under theEconomic Development Act2012,section 104orthePlanningAct,theplanmustbelodged for registration within 6
months after the approval.(6)In this
section—relevant planning bodymeans—(a)if the proposed lots are in a priority
development area—MEDQ; orPage 46Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 4 Registration of land[s
51](aa)if the proposed
lots are in a State development area andthesubdivisionisregulatedbyanapproveddevelopment
scheme—the Coordinator-General; or(b)otherwise—the relevant local
government.51Dedication of public use land in
plan(1)The dedication of a lot to public use
in a plan of subdivisionmust be of the registered proprietor’s
whole interest in the lot.(2)On registration
of the plan, without anything further—(a)if
the dedication is for a road—the road is opened for theLand
Act 1994; or(b)ifthededicationisforanon-tidalwatercourseoralake—the plan is taken to be the
source material for thelandfortheSurveyandMappingInfrastructureAct2003, section 99;
orNote—TheSurveyandMappingInfrastructureAct2003, section
99defineswhenaboundaryoflandisanon-tidalboundary(watercourse) or non-tidal boundary (lake).
See theLandAct1994, section 13A
for provisions about the ownership of land onthe watercourse
side or lake side of one of these boundaries.(c)if
the dedication is for an identified community purposeunder theLand Act
1994and the plan is consented to bythe
Minister administering theLand Act 1994—the lot
isdedicated as a reserve for the community
purpose; or(d)otherwise—thelotbecomesunallocatedStatelandunder theLand
Act 1994.(3)Subsection (4)
applies to an easement over a lot if—(a)the
easement is an easement for providing access or aright of way, including a public
thoroughfare easement;and(b)the
lot or a part of the lot is dedicated for a road undersubsection (2).Current as at
[Not applicable]Page 47
Notauthorised—indicativeonlyLand Title Act 1994Part 4
Registration of land[s 51A](4)The
easement is extinguished to the extent it is over the lot orthe
part of the lot dedicated for the road.51AAccess for public use landA
plan of subdivision providing for the dedication of a lot topublicuse,otherthanasaroad,non-tidalwatercourseoralake, may be registered only
if—(a)onregistration,accesstothelotwillbeavailablethrough a road
or a public thoroughfare easement; or(b)theMinisteradministeringtheLandAct1994hasapproved that the plan of subdivision may be
registeredwithout access to the lot being
available.52Particulars to be recorded on
registration of planIn registering a plan of subdivision,
the registrar must recordin the freehold land register
particulars of—(a)each proposed lot that is not public
use land; and(b)totheextentthatitispracticable—commonpropertycreated under the plan.53Lodged plan that is withdrawn and
relodgedIf a plan of subdivision is lodged within 6
months after it isapprovedasmentionedinsection 50(1)(h)or(i)andiswithdrawn and re-lodged under section 159,
it must be treatedfor the purposes of sections 175 and 178 to
have been lodgedwhen it was first lodged.53ADivision excluding road or
watercourse(1)A lot may be divided by a plan of
subdivision, even thoughthere is a road or watercourse within
the boundaries of the lotthat is not part of the lot.Page
48Current as at [Not applicable]
Land
Title Act 1994Part 4 Registration of land[s
54](2)However, the road or watercourse is
not included in any lotcreatedbytheplanofsubdivision,eventhoughitmaybewithin the
boundaries of the lot.Notauthorised—indicativeonlyDivision 3ADedication of
road by notice54Dedication of road by notice(1)The registered owner of a lot may
dedicate the lot as a road forpublic use by
the registration of a dedication notice.(2)Part
of a lot may not be dedicated as a road for public useunder this section.(3)A
dedication notice must have been approved by the relevantplanning body.(4)On
the day the dedication notice is registered—(a)the
dedication of the lot as a road for public use takeseffect; and(b)the
land is opened for public use as a road.(5)This
section does not apply if the dedication notice is for theland
to be dedicated as a road under theAcquisition of
LandAct 1967, section
12B.Note—A dedication
notice for land taken under theAcquisition of
Land Act1967to be dedicated
as a road is registered under section 12B of thatAct.(6)In
this section—dedicationnoticemeansanoticeintheapprovedformrequesting the registrar to register a
dedication of land as aroad.relevant
planning bodymeans—(a)if
the lot is in a priority development area—MEDQ; or(aa)ifthelotisinaStatedevelopmentarea—theCoordinator-General; orCurrent as at
[Not applicable]Page 49
Land
Title Act 1994Part 4 Registration of land[s
54A](b)otherwise—the local government.Notauthorised—indicativeonlyDivision 4Building
management statements54ABuilding
management statement may be registered(1)A
building management statement may be registered.(2)Abuilding
management statementis an instrument that—(a)identifies lots to which it applies;
and(b)contains provisions benefiting and
burdening the lots towhich it applies; and(c)otherwisecomplieswiththerequirementsofthisdivision for a
building management statement.(3)Each
lot to which a building management statement appliesmustbealotentirelyorpartlycontainedin,orentirelyorpartly containing, 1 or more
buildings.(4)However,abuildingmanagementstatementthatotherwisecomplies with subsection (3) may also apply
to a lot that is notentirely or partly contained in, and
does not entirely or partlycontain,1ormorebuildingsifthelotisthesubjectofabuilding development approval.(5)If a lot to which a building
management statement applies isthe subject of a
plan of subdivision, the statement applies toeach lot created
by the registration of the plan.(6)In
this section—buildingdevelopmentapprovalmeansadevelopmentapproval under
the Planning Act for development relating to aproposed
building or buildings.54AASingle area for
lots to which building managementstatement
applies(1)The lots to which a building
management statement appliesmust form a
single, continuous area of land.Page 50Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 4 Registration of land[s
54B](2)A number of lots are taken to form a
single, continuous areaoflandevenifthereisaroadorwatercoursewithintheexternal boundaries of the area
comprising of the lots.(3)Despite
subsection (1), a building management statement mayapply to lots that do not form a single,
continuous area of landif the registrar is satisfied, on
reasonable grounds, that all thelots are located
within an area that is sufficiently limited toensure the
effective and efficient application of the provisionsof
this division.54BCircumstances under which building
managementstatement may be registered(1)A building management statement may be
registered only if itissignedbytheregisteredownersofalllotstowhichthestatement applies.(2)The
lots to which a building management statement appliesmust
comprise—(a)2 or more volumetric format lots;
or(b)1ormorevolumetricformatlots,and1ormorestandard format lots.(3)In
this section, a reference to standard format lot or
volumetricformat lot is taken to include a reference
to common property,if the common property is created on
registration of—(a)a building format plan of subdivision;
or(b)a volumetric format plan of
subdivision.54CContent of building management
statement(1)Abuildingmanagementstatementmustcontainprovisionsabout the
following—(a)the supply of services to lots;(b)rights of access to lots;(c)rights of support and shelter;Current as at [Not applicable]Page
51
Notauthorised—indicativeonlyLand Title Act 1994Part 4
Registration of land[s 54D](d)insurance arrangements.(2)Abuildingmanagementstatementmaycontainprovisionsabout the
following—(a)establishment and operation of a
management group;(b)imposition and recovery of levies, how
levy amounts areto be kept and how levy amounts are to be
spent;(c)property maintenance;(d)architectural and landscaping
standards;(e)dispute resolution;(f)rules for common services and
facilities;(g)administrative arrangements;(h)arrangements for accomplishing the
extinguishment ofthe statement;(i)proposed future development.(3)To avoid doubt, it is declared that a
right of access, support orshelter, or
other right in the nature of an easement, under abuilding management statement may operate
according to itsterms, and may be effective, despite the
absence of a formalregistered easement establishing the
right.(4)A dispute resolution provision under a
building managementstatementmayoperatetorequirethereferralofadisputearising under
the building management statement other thanto a court, but
the provision is ineffective to the extent that itpurports to operate to stop final
determination of the disputein a court of
competent jurisdiction.54DRegistration of
building management statement(1)Whenregisteringabuildingmanagementstatement,theregistrarmustrecordareferencetothestatementontheindefeasible title for each lot to
which the statement relates.(2)Howevertheregistrarisnotobligedtoexamine,butmayexamine,abuildingmanagementstatementforitsvalidity,including,inparticular,itsconsistencywithanyplanofPage
52Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 4 Registration of land[s
54DA]subdivision,oritscompliancewiththerequirementsforabuilding management statement.(3)Aregisteredbuildingmanagementstatementbindsthesuccessors in title to the registered owner
of each lot to whichthe statement applies.54DAWhen building management statement
taken not to beregistered(1)A
registered building management statement is taken not to beregistered under this Act to the extent it
includes a prohibition,requirement or restriction that, under
theBuilding Act 1975,chapter 8A, part 2, has no force or
effect.Editor’s note—Building Act
1975, chapter 8A, part 2 (Provisions to support
sustainablehousing)(2)Subsection (1)haseffectonlyforabuildingmanagementstatement
registered after the commencement of this section.(3)The registrar may refuse to register
an instrument purportingtobeabuildingmanagementstatementiftheregistrarissatisfieditincludesaprohibition,requirementorrestrictionthat, under
theBuilding Act 1975, chapter 8A,
part 2, has noforce or effect.54EAmending a building management
statement(1)Abuildingmanagementstatementmaybeamendedbyregisteringaninstrumentofamendmentofthebuildingmanagement
statement.(2)The instrument of amendment must be
signed by the registeredowners of all lots to which the
building management statementapplies.(3)Theinstrumentofamendmentmustnotchangethelotstowhich it applies.Current as at
[Not applicable]Page 53
Land
Title Act 1994Part 4 Registration of land[s
54F]54FBuilding management statement if lots
owned by 1registered ownerA building
management statement may be registered even ifall the lots to
which it applies have the one registered owner.Notauthorised—indicativeonly54GOne person
becoming registered owner of all lotsIf the one
person becomes the registered owner of all lots towhich a building management statement
applies, the buildingmanagement statement is extinguished
only if the registeredowner asks the registrar to extinguish
it.54HExtinguishing a building management
statement(1)Abuildingmanagementstatementmaybeextinguishedbyregisteringaninstrumentofextinguishmentofthebuildingmanagement
statement.(2)Abuildingmanagementstatementmaybeextinguishedinparttoremovealotthatisnotcontainedin,ordoesnotcontain, a building or a part of a building,
by registering aninstrumentofpartialextinguishmentofthebuildingmanagement
statement.(3)Theinstrumentofextinguishmentorpartialextinguishmentmust be signed
by the registered owners of all lots to whichthe building
management statement applies.(4)However,abuildingmanagementstatementmaybeextinguished or
partially extinguished only if—(a)for
a partial extinguishment—all registered mortgageesofalottoberemovedconsenttothepartialextinguishment;
or(b)otherwise—allregisteredmortgageesoflotstowhichthebuildingmanagementstatementappliesconsenttothe extinguishment.54ILots constituted by community titles
schemes(1)For the operation of this
division—Page 54Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 4 Registration of land[s
54J](a)alotcouldbeconstitutedbytheschemelandforacommunity titles
scheme; and(b)forthesigningofthestatement,oranamendment,extinguishmentorpartialextinguishmentofthestatement, by the registered owner of
the lot, the bodycorporatefortheschemeistakentobetheregisteredowner.(2)Toremoveanydoubt,itisdeclaredthatifabuildingmanagementstatementappliestoschemelandforacommunity titles
scheme, the building management statementis binding on
the community titles scheme.(3)Also, if the building management statement
provides for theestablishmentandoperationofamanagementgroup,adecision made by the management group
under the buildingmanagementstatementisbindingonthecommunitytitlesscheme.(4)Subsections (2) and (3) have effect despite
section 97 of theBCCM Act.(5)Toremoveanydoubt,itisdeclaredthatifabuildingmanagementstatementappliestoschemelandforacommunitytitlesscheme,registrationofthebuildingmanagement
statement does not, and can not, give the bodycorporate of the
community titles scheme an interest in anyparticular lot
included in the scheme.54JBuilding
management statement affecting freehold andnon-freehold
land(1)If a building management statement
benefits or burdens bothfreeholdandnon-freeholdland,thebuildingmanagementstatement must
be registered in the appropriate registers.(2)Further dealings affecting the building
management statementmust also be registered in the
appropriate registers.(3)If a lot subject
to a building management statement, includinga lot over which
a lease is issued under theLand Act
1994, issurrendered to
the State to be dealt with under theLand ActCurrent as at [Not applicable]Page
55
Notauthorised—indicativeonlyLand Title Act 1994Part 5 Joint
holders in a lot[s 55]1994,
the building management statement continues over theresulting unallocated State land only if the
Minister approvesthe continuation.(4)Inconsideringwhethertoapprovethecontinuationofthebuilding management statement, the
Minister may consider ifitisreasonablynecessarytobenefitthelots,includingtheunallocatedStateland,thesubjectofthebuildingmanagement
statement.(5)In this section—MinistermeanstheMinisteradministeringtheLandAct1994.Part
5Joint holders in a lot55Registering life interests and
remaindersTheregistrarmayrecordinthefreeholdlandregisteraninterest in a lot for life and an interest
in remainder in the waythe registrar considers
appropriate.56Registering co-owners(1)Inregisteringaninstrumenttransferringaninteresttoco-owners, the registrar must also register
the co-owners asholdingtheirinterestsastenantsincommonorasjointtenants.(2)If the instrument does not show
whether co-owners are to holdas tenants in
common or as joint tenants, the registrar mustregister the
co-owners as tenants in common.57Separate indefeasible titles for tenants in
common(1)If a lot is, or is to be held, by 2 or
more registered owners astenantsincommon,theregistrarmaycreateaseparateindefeasible
title for the interest of each owner by including aPage
56Current as at [Not applicable]
Land
Title Act 1994Part 5 Joint holders in a lot[s
58]separate set of particulars in the freehold
land register for theinterest of each owner.(2)The registrar may act under this
section at the request of anowner.Notauthorised—indicativeonly58Time share schemesIf a registered
owner of a lot subject to a time share schemeproposestotransfertoeachparticipantintheschemeaninterestastenantincommonwithotherparticipants,theregistrar may create in the name of the
registered owner—(a)separate indefeasible titles for each
interest by includinga separate set of particulars in the
freehold land registerfor each interest; or(b)asingleindefeasibletitleforseveralinterestsbyincluding a single set of particulars
in the freehold landregister for the interests.59Severing joint tenancy(1)Aregisteredownerofalotsubjecttoajointtenancymayunilaterally sever the joint tenancy
by registration of a transferexecuted by the
registered owner.(2)However, the registrar may register
the instrument of transferonly if the registrar is satisfied the
registered owner has given,or made a
reasonable attempt to give, each other joint tenantthe
following—(a)iftheinstrumentisanelectronicconveyancingdocument—writtennoticeoftheregisteredowner’sintention to sever the joint tenancy under
subsection (1);(b)otherwise—a copy of the
instrument.(3)Onregistrationoftheinstrumentoftransfer,theregisteredowner becomes
entitled as a tenant in common with the otherregistered
owners.(4)Iftherearemorethan2jointtenantsofthelot,thejointtenancy of the
other registered owners is not affected.Current as at
[Not applicable]Page 57
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
60]Part 6Dealings
directly affecting lotsNotauthorised—indicativeonlyDivision 1Transfers60Registering a transfer(1)A lot or an interest in a lot may be
transferred by registeringan instrument of transfer for the lot
or interest.(2)To remove any doubt, part of a lot may
not be transferred.61Requirements of instrument of
transfer(1)Aninstrumentoftransferforalotoraninterestinalotmust—(a)be validly executed; and(b)include particulars sufficient to
identify—(i)the lot to be transferred; or(ii)the lot to which
the interest applies; and(c)includeanacknowledgementoftheamountpaidordetails of other consideration;
and(d)for an interest in a lot—include a
description sufficientto identify the interest to be
transferred.(2)Subsection (1) does not limit the
matters that the appropriateform for an
instrument of transfer may require to be includedin
the instrument.62Effect of registration of
transfer(1)Onregistrationofaninstrumentoftransferforalotoraninterest in a lot, all the rights,
powers, privileges and liabilitiesof the
transferor in relation to the lot vest in the transferee.(2)Without limiting subsection (1), the
registered transferee of aregisteredmortgageisboundbyandliableunderthemortgage to the same extent as the
original mortgagee.Page 58Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 63](3)Without limiting subsection (1), the
registered transferee of aregistered lease is bound by and
liable under the lease to thesame extent as
the original lessee.(4)In this
section—rights, in relation to
a mortgage or lease, includes the right tosue on the terms
of the mortgage or lease and to recover a debtor enforce a
liability under the mortgage or lease.63Dealing with mortgaged lot(1)If a lot, or an interest in a lot,
subject to a registered mortgageis transferred,
the transferee is liable—(a)to comply with
the terms of the mortgage and the termsimplied by an
Act; and(b)toindemnifythetransferoragainstliabilityunderthemortgage and under this or another
Act.(2)If a mortgagee of a lot becomes the
registered owner of thelot,theregistrarmustregisterthemortgageeasregisteredowner released
from the mortgage.(3)Theregistrarmustactundersubsection
(2)unlessthemortgagee asks the registrar not to act
under the subsection.Division 2Leases64Registering a leaseAlotorpartofalotmaybeleasedbyregisteringaninstrument of lease for the lot or
part.65Requirements of instrument of
lease(1)An instrument of lease for a lot or
part of a lot must—(a)be validly executed; andCurrent as at [Not applicable]Page
59
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 66](b)include a description sufficient to identify
the lot or partof the lot to be leased; and(c)includeanacknowledgementoftheamountpaidordetails of other consideration.(2)If the instrument of lease is for part
of the lot, the instrumentmust also include—(a)a
sketch plan identifying the part of the lot drawn to astandard to the registrar’s satisfaction;
or(b)if required by the registrar—a plan of
survey identifyingthe part of the lot.(3)However,theregistrarmayallowthepartofthelottobeidentified by a description alone if
the registrar is satisfied thepart of a lot is
sufficiently identified by the description in theinstrument.(3A)If
the instrument of lease (other than a lease of all or part of
abuilding) is for reconfiguring a lot within
the meaning of thePlanning Act, the instrument must have been
approved by—(a)if the lot is in a priority
development area—MEDQ; or(aa)ifthelotisinaStatedevelopmentareaandthereconfigurationisregulatedbyanapproveddevelopment
scheme—the Coordinator-General; or(b)otherwise—the relevant local
government.(4)Thissectiondoesnotlimitthemattersthattheappropriateform for an
instrument of lease may require to be included inthe
instrument.66Validity of lease or amendment of
lease againstmortgageeA lease or
amendment of a lease executed after registration ofa
mortgage of a lot is valid against the mortgagee only if themortgageeconsentstotheleaseoramendmentbeforeitsregistration.Page 60Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 67]67Amending a lease(1)Aregisteredleasemaybeamendedbyregisteringaninstrument of amendment of the lease.(2)However, the instrument of amendment
must not—(a)increase or decrease the area leased;
or(b)add or remove a party to the lease;
or(c)be lodged after the lease’s term has
ended.(3)Thetermof a
registered lease includes a period of possessionunder the lease because—(a)anoptiontorenewintheleasehasbeenexercised,whetherornotaninstrumentofamendmenthasbeenregistered to
extend the term of the lease for the optionperiod;
or(b)otherwise—an instrument of amendment
extending theterm of the lease has been
registered.(4)However, subsection (3)(a) applies to
a second or subsequentoption to renew in a lease only if,
before the end of the optionperiod for the
previous option, an instrument of amendmentwas registered
to extend the term of lease for that previousoption
period.(5)The procedure for amendment specified
in this section is inaddition to other rights that are not
inconsistent with this Act.(6)In
this section—option period, for an option
to renew in a lease, means theperiod for which
the term of a lease is, or will be, extended bythe exercise of
the option.68Re-entry by lessor(1)Ifalessorunderaregisteredleaseofalotorpartofalotlawfullyre-entersandtakespossessionunderthelease,thelessormaylodgearequestfortheregistrartoregisterthere-entry.Current as at
[Not applicable]Page 61
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 69](2)Theinterestofthelesseeendsontheregistrationoftherequest for the re-entry.69Surrendering a lease(1)Aregisteredleasemaybewhollyorpartlysurrenderedbyoperation of law or by registering an
instrument of surrenderof the lease executed by the lessor
and the lessee.(2)However, a registered lease may be
surrendered by registeringaninstrumentofsurrenderonlywiththeconsentofeveryregistered
mortgagee and registered sublessee of the lessee.(3)Also,ifaregisteredlease(thesurrendered
lease)hasbeenwholly or partly surrendered by operation of
law, the registrarmayregisteraninstrumentevidencingthesurrenderifsatisfied every registered mortgagee and
registered sublesseeofthelesseeunderthesurrenderedleasehasbeengivenwritten notice of the surrender.(4)If an instrument of surrender of lease
is lodged, the registrarmay register the instrument and record
the date of surrenderspecified in the instrument in the
freehold land register.(5)On registration
of an instrument of surrender of a registeredlease, the
interest of the lessee vests in the lessor.(6)This
section does not apply to a surrender or disclaimer undera
law about bankruptcy.70Disclaimer in
bankruptcyTheregistrarmayregisteradisclaimerofaleaseorotherinterest in a
lot under a law about bankruptcy only if notice ofthe
disclaimer and a request to register it is lodged.71Validity of unregistered leaseAn
unregistered lease of a lot or part of a lot is not invalidmerely because it is unregistered.Page
62Current as at [Not applicable]
Division 3MortgagesLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 72]Notauthorised—indicativeonly72Mortgaging lot etc. by
registration(1)A lot or an interest in a lot may be
mortgaged by registeringan instrument of mortgage for the lot
or interest.(2)However,amortgageisnotaninterestinalotthatcanbemortgaged.73Requirements of instrument of
mortgage(1)An instrument of mortgage must—(a)be validly executed; and(b)include a description sufficient to
identify the lot to bemortgaged; and(c)include a description of the debt or
liability secured bythe mortgage; and(d)include a description sufficient to identify
the interest tobe mortgaged.(2)Ifthemortgagorisregisteredasatrustee,adocumentspecifying the
details of the trust, or the document creating thetrust, must be deposited with the mortgage
unless—(a)adocumenthasalreadybeendepositedwithaninstrument of transfer under section
110(3); and(b)the details of the trust have not
since changed.(3)Subsection (1) does not limit the
matters that the appropriateformforaninstrumentofmortgagemayrequiretobeincluded in the form.74Effect of registration of a
mortgageA registered mortgage of a lot or an
interest in a lot operatesonly as a charge on the lot or
interest for the debt or liabilitysecured by the
mortgage.Current as at [Not applicable]Page
63
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 76]76Amending a mortgage(1)Aregisteredmortgagemaybeamendedbyregisteringaninstrument of amendment of the
mortgage.(2)However, the instrument of amendment
must not—(a)increaseordecreasetheareaoflandchargedbythemortgage;
or(b)add or remove a party to the
mortgage.77Amending priority of mortgages(1)Thepriorityofregisteredmortgagesmaybeamendedbyregistering an instrument amending
priority.(2)The instrument amending priority
must—(a)specifytheorderofpriorityofallaffectedregisteredmortgages;
and(b)beexecutedbyallmortgageesaffectedbytheamendment.(3)Onregistrationoftheinstrumentamendingpriority,themortgageshavepriorityintheorderspecifiedintheinstrument.78Powers of mortgagee(1)A
registered mortgagee of a lot has the powers and liabilitiesof a
mortgagee under theProperty Law Act 1974, part 7.(2)Without limiting subsection (1), but
subject to the terms of themortgage,ifthemortgagordefaultsunderaregisteredmortgage, the
mortgagee may—(a)take possession of the mortgaged lot
in a way that doesnot contravene the Criminal Code, section
70; or(b)enter into possession of the mortgaged
lot by receivingrents and profits; or(c)by a
proceeding in a court of competent jurisdiction—Page
64Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 79](i)obtain possession of the mortgaged lot;
or(ii)foreclose the
right of the mortgagor to redeem themortgaged lot;
or(iii)obtainanorderofthecourtforthesaleofthemortgaged lot.(3)Thepowersinthissectionareinadditiontootherpowersexercisable by the mortgagee.79Effect of transfer after sale by
mortgageeIfaninstrumentoftransferexecutedbyaregisteredmortgagee after
the exercise of the power of sale under themortgage is
registered, registration of the instrument vests inthe
transferee the mortgagor’s interest that is transferred,
freefromliabilityunderthemortgageandanyothermortgageregistered after it.80Liability of mortgagee in possession of
leased lot(1)A mortgagee of a leasehold interest in
a lot who enters intopossessionunderthelease(whetherbytakingtherentsorprofits or in another way) is liable under
the lease to the sameextentasthelesseewasliableundertheleasebeforethemortgagee entered into
possession.(2)However,theliabilityofthemortgageeundertheleaseislimitedtotheamountofrents,profitsorotherbenefitsreceived by the mortgagee during the
mortgagee’s possession.81Releasing a
mortgage(1)Onlodgementofaninstrumentreleasingamortgage,theregistrar may register the release to the
extent shown in theinstrument of release.(2)Theinstrumentofreleasemayreleasethedebtorliabilitysecured
for—(a)all or part of the mortgage; orCurrent as at [Not applicable]Page
65
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
81A](b)1 or more of the mortgagors.(3)On registration of the instrument of
release, the mortgage isdischarged, and the lot is released
from the mortgage, to theextent shown in the instrument of
release.Notauthorised—indicativeonlyDivision 4Easements81ADefinitions for div 4In
this division—canerailwayeasementseetheSugarIndustryAct1999,section 63(5).full supply
levelsee theWater Supply
(Safety and Reliability)Act 2008, schedule
3.mill ownersee theSugar Industry Act 1999,
schedule.publicthoroughfareeasementmeansapublicutilityeasement provided for under section
89(3).publicutilityeasementmeansaneasementinfavourofapublic utility provider.public utility providermeans—(a)the State or another entity
representing the State; or(b)theCommonwealthoranotherentityrepresentingtheCommonwealth; or(c)a
local government; or(d)apersonauthorisedbylawtoprovideapublicutilityservice; or(e)a
person authorised under an Act to provide a particularpublic utility service;Examples for
paragraph (e)—a special approval holder under theElectricity Act 1994or aservice provider for a registered service
under theWater Supply(Safety and
Reliability) Act 2008Page 66Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 82](f)an
entity approved by the Minister as suitable to provideinfrastructure for use by another entity in
the provisionof a particular public utility
service;Example for paragraph (f)—arelevantinfrastructureownerasdefinedundertheWaterSupply(SafetyandReliability)Act 2008whose infrastructuremay be used by
another entity authorised to supply a water orsewerage service
under that Act(g)a person approved by the Minister as
suitable to providea particular public utility service;
or(h)amillowner,butonlyfortheregistrationofacanerailway
easement.82Creation of easement by
registration(1)An easement over a lot or part of a
lot may only be created byregistering an instrument of
easement.(2)Aneasementoveraregisteredleaseofalotmayonlybecreated by registering an instrument of
easement.(3)The instrument must state—(a)the nature of the easement and its
terms; and(b)the land to be benefited, and the land
to be burdened, bythe easement; and(c)for
a high-density development easement—the purposesunder division 4AA for which the easement is
created.(4)For subsection (3)(a), the terms of a
high-density developmenteasement are set out in division
4AA.(5)Apublicutilityeasementforwaterstoragemaybecreatedonly
for water storage—(a)for a weir—on land upstream of the
weir and within oroutside the storage area at full supply
level; or(b)for a dam—on land upstream of the
barrier of the damand outside the storage area at full supply
level.Current as at [Not applicable]Page
67
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
83](6)The instrument creating the easement
must show the part ofthe land over which water may be
stored.Notauthorised—indicativeonly83Registration of
easement(1)An instrument of easement may be
registered only if—(a)for an easement, other than a
high-density developmenteasement,overapartofalot—aplanofsurveydesignating the
easement is registered; and(b)it
is signed by—(i)theregisteredownerofthelotorlesseeoftheregistered lease to be burdened;
and(ii)if the easement
benefits another lot—the registeredowner of the
lot; and(iii)iftheeasementbenefitsaregisteredlease—thelessee; and(iv)iftheeasementbenefitsnon-freeholdland—thelessee or other person entitled to the land;
and(v)iftheeasementisapublicutilityeasement—thepublic utility
provider.(2)If, under the Planning Act, the
creation of an easement givingaccess to a lot
from a constructed road is the reconfiguring ofa lot, the plan
of survey must be approved by—(a)if
the lot is in a priority development area—MEDQ; or(aa)ifthelotisinaStatedevelopmentareaandthereconfigurationisregulatedbyanapproveddevelopment
scheme—the Coordinator-General; or(b)otherwise—the relevant local
government.(3)However, subsection (2)(a) applies to
a plan of survey only ifitisaplanofsubdivisionasdefinedintheEconomicDevelopment Act
2012, section 104(3).(4)Also, subsection (2)(b) applies to a plan of
survey only if it isa plan for which a process for
approving the plan is providedunder the
Planning Act.Page 68Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 83A]83ARegistration of plan showing proposed
easement(1)Aplandesignatingaproposedeasement,otherthanahigh-density development easement, may
be registered only ifthe designation includes the words
‘proposed easement’.(2)The
designation—(a)does not create an easement;
and(b)isnotevidenceofapresentintentiontocreateaneasement.84Limitation of easementsAneasement,otherthanahigh-densitydevelopmenteasement, may be
limited wholly or partly in height, depth orboth.85Instrument affecting freehold and
non-freehold land(1)Ifaneasementbenefitsorburdensbothfreeholdandnon-freeholdland,theeasementmustberegisteredintheappropriate registers.(2)Furtherdealingsaffectingtheeasementmustalsoberegistered in the appropriate
registers.(3)If a lot subject to an easement is
surrendered to the State to bedealt with under
theLand Act 1994, the easement
continuesover the resulting unallocated State land
only if—(a)the easement is in favour of a public
utility provider; and(b)the Minister
approves continuation of the easement.(4)IfaneasementcontinuesoverunallocatedStateland,thecontinuation must be recorded in the
appropriate registers.85AParticulars to be
registered(1)Whenaneasementisregistered,thefollowingparticularsmust be recorded
in the appropriate registers—(a)the
lot burdened by the easement;Current as at
[Not applicable]Page 69
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 85B](b)any
lot benefited by the easement;(c)anyregisteredleasebenefitedorburdenedbytheeasement;(d)ifnon-freeholdlandisbenefitedorburdenedbytheeasement—anyregisteredsubleaseorsub-subleasebenefited or
burdened by the easement.(2)A public utility
easement for water storage burdens the wholeof the land any
part of which may be affected by the storage.85BRights and liabilities created on
registration ofinstrument(1)Onregistrationoftheinstrumentcreatinganeasement,theeasement is created and, without anything
further, vests in theperson entitled to the benefit of
it.(2)If the easement is in favour of a
public utility provider and isnot a public
thoroughfare easement, the registered owner of alotburdenedbytheeasementmayrecoverfromthepublicutility provider
a reasonable contribution towards the cost ofkeepingthepartofthelotaffectedbytheeasementinacondition
appropriate for enjoyment of the easement.(3)Theliabilitytocontributemaybeamendedorexcludedbyagreement.86Easement benefiting and burdening same
registeredowner’s lotsAn instrument of
easement may be registered even if—(a)the
lot benefited and the lot burdened by the easementhave, or are to have, the same registered
owner; or(b)the owner of the lot benefited by the
easement holds aninterest in the lot burdened by the
easement.Page 70Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 87]87Same
person becoming registered owner of benefitedand burdened
lotsIfthesamepersonbecomesthe
registeredownerofthelotbenefited and
the lot burdened by an easement, the easementis extinguished
only if—(a)the registered owner asks the
registrar to extinguish theeasement;
or(b)theregistrarcreatesasingleindefeasibletitleforthelots.88Owner of benefited land acquiring
interest in burdenedlandAn easement is
not extinguished merely because the owner ofthelotbenefitedbytheeasementacquiresaninterest,oragreater interest, in the lot burdened
by the easement.89Easements for public utility
providers(1)Despite section 82(3), it is not
necessary to state the land to bebenefited in a
public utility easement that is not attached to, orused
or enjoyed with, other land.(2)However,apublicutilityeasementmentionedinsubsection (1)—(a)may
be registered only for the following—(i)a
right of way;(ii)drainage or
sewerage;(iii)thesupplyofwater,gas,electricity,telecommunicationfacilitiesoranotherpublicutility service;(iv)water storage;(v)an
infrastructure corridor;(vi)a purpose
mentioned in theState Development andPublicWorksOrganisationAct1971,section 125(1);Current as at
[Not applicable]Page 71
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
89]Notauthorised—indicativeonly(vii) in the case of a cane railway
easement in favour ofa mill owner—a purpose for which a
cane railwayeasement may be granted under theSugar IndustryAct 1999;
and(b)mayberegisteredinfavourofapersonmentionedinsection 81A,definitionpublicutilityprovider,paragraph(g),onlyiftheeasementisforthepublicutility service mentioned in the
paragraph.(3)Further, a public utility easement
mentioned in subsection (1)may be
registered for a right of way for the public only if—(a)thepublicutilityproviderundertheeasementistheState or a local government;
and(b)use of the easement is limited to the
following—(i)pedestrians;(ii)cyclists;(iii)vehicles reasonably necessary for the
building andmaintenance of the easement.(4)A registered public thoroughfare
easement is taken not to beregistered under
this Act to the extent it—(a)isinconsistentwiththerelevantprovisionsfortheeasement; or(b)purports to provide other than for a public
thoroughfareeasement.(5)Subsection (4)haseffectonlyinrelationtopublicutilityeasementsregisteredafterthecommencementofthissubsection.(6)The
registrar may refuse to register an instrument of easementpurportingtobeapublicthoroughfareeasementiftheregistrar is
satisfied it—(a)is to any extent inconsistent with the
relevant provisionsfor the easement; or(b)purports to any extent to provide other than
for a publicthoroughfare easement.Page 72Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 90](7)In
this section—infrastructurecorridormeansaninfrastructurecorridorunder theState
Development and Public Works OrganisationAct 1971,
section 82(8).pedestrianincludes—(a)anyone who is a pedestrian within the
meaning of theTransportOperations(RoadUseManagement)Act1995; and(b)anyoneoranythingelsewhoseuseofanareaiscommonly associated with pedestrian
use of the area.Example for paragraph (b)—a
child being pushed in a pram, an animal being taken on a
leashrelevantprovisions,forapublicthoroughfareeasement,meanstheprovisionsaboutpublicthoroughfareeasementsincluded in—(a)ifthepublicutilityproviderundertheeasementisalocal government—theLocal Government Act 2009;
or(b)if the public utility provider under
the easement is theState—theTransport
Infrastructure Act 1994.90Surrendering an easement(1)A
registered easement may be wholly or partly surrendered byregistering an instrument of surrender of
the easement.(2)The instrument of surrender may be
signed by—(a)the owner of the lot, or the lessee of
the lease, burdenedby the easement and the owner of the lot
benefited bythe easement; or(b)onlytheownerofthelot,orthelesseeofthelease,benefited by the
easement; or(c)onlythepublicutilityproviderinwhosefavourtheeasement is registered.(3)However, a registered easement may be
surrendered only if allregistered mortgagees and lessees of
the lot, or all registeredCurrent as at [Not applicable]Page
73
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 90A]mortgageesandsublesseesofthelease,benefitedbytheeasement consent
to the surrender.(4)Subsection (3)doesnotapplytoalesseeofthelot,orasublessee of the lease, who does not
receive a benefit from theeasement.(5)In
this section—lessee, of a lease,
means—(a)the registered lessee of the lease;
or(b)ifthemortgageeoftheleaseisinpossession—themortgagee in
possession.owner, of a lot,
means—(a)the registered owner of the lot;
or(b)ifthemortgageeofthelotisinpossession—themortgagee in
possession.90AWhen easement over registered lease
ends(1)A registered easement, to the extent
it benefits or burdens aregistered lease, ends when the lease
ends.(2)Ifaregisteredleaseissurrenderedinpart,totheextentaregistered easement benefits or burdens the
part of the leasethat was surrendered, the easement
ends.(3)The registrar may remove an easement
that has ended fromthe freehold land register.91Amending an easement(1)A registered easement, other than a
high-density developmenteasement,maybeamendedbyregisteringaninstrumentofamendment of the easement.(2)However, the instrument of amendment
must not—(a)change the location of the easement;
orPage 74Current as at
[Not applicable]
Land
Title Act 1994Part 6 Dealings directly affecting
lots[s 92](b)increaseordecreasetheareaoflandaffectedbytheeasement;
or(c)change a party to the easement.Notauthorised—indicativeonly92Application of Property Law Act 1974,
s 181ThePropertyLawAct1974,section 181appliestoaregistered
easement.Division 4AAHigh-density
developmenteasements93Application of div 4AA(1)Thisdivisionappliesifaneasementregisteredundersection 82 is a high-density development
easement.(2)A reference in this division to a lot
is a reference to a lot thesubject of the
easement.94Meaning ofhigh-density
development easement(1)Ahigh-density development easementis
an easement createdfor 1 or more of the following
purposes—(a)support;(b)shelter;(c)projections;(d)maintenance;(e)roof
water drainage.(2)Ahigh-densitydevelopmenteasementmaybecreatedonlyover 2 small,
adjoining lots, and only if—(a)any
of the following applies—(i)a wall of a
building situated on 1 of the adjoininglots is also a
wall of a building situated on the otherCurrent as at
[Not applicable]Page 75
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
94]Notauthorised—indicativeonlyadjoininglot,andthewallisonthecommonboundary of the
2 adjoining lots;(ii)a wall of a
building situated on 1 of the adjoininglots is adjacent
to a wall of a building situated onthe other
adjoining lot, each wall is constructed onthe same
foundation and the foundation is on thecommon boundary
of the 2 adjoining lots;(iii)a wall of a
building situated on 1 of the adjoininglots is adjacent
to a wall of a building situated onthe other
adjoining lot, each wall is constructed onaseparatefoundationandeachfoundationisadjacenttothecommonboundaryofthe2adjoining lots; or(b)arelevantdevelopmentapproval,underwhicharequirement for a circumstance
mentioned in paragraph(a)(i), (ii) or (iii) applies as a
condition, applies to bothadjoining lots.(3)Eachlottowhichahigh-densitydevelopmenteasementrelatesisbenefittedandburdenedbytheeasementtotheextent necessary to give effect to the
purposes for which theeasement is created.(4)In this section—relevant
development approvalmeans—(a)a
development approval under the Planning Act for anyof
the following as defined in that Act—(i)carrying out building work;(ii)reconfiguring a
lot;(iii)making a
material change of use of premises; or(b)aPDAdevelopmentapprovalundertheEconomicDevelopmentAct2012foranyofthefollowingasmentioned in section 33(2) of that
Act—(i)carrying out building work;(ii)reconfiguring a
lot;Page 76Current as at
[Not applicable]
Land
Title Act 1994Part 6 Dealings directly affecting
lots[s 95](iii)making a material change of use of
premises.small, for a lot,
means the lot has an area of 300m2or
less.Notauthorised—indicativeonly95Easement for support(1)This section applies if a high-density
development easement iscreated for support.(2)An easement of lateral or subadjacent
support exists in favourof 1 lot (thebenefitted
lot) against the other lot (theburdenedlot)iftheburdenedlotiscapableofsupplyinglateralorsubadjacent support to the benefitted
lot.(3)An easement of common wall support
exists in favour of thebenefitted lot against the burdened
lot when a building on theburdened lot is supplying common wall
support to a buildingon the benefitted lot.(4)For subsection (3), a building
(building A) supplies
commonwall support to another building (buildingB) if
a wall (thecommon wall) of building A
that is necessary to ensure thegeneral safety
and structural integrity of building B—(a)is
also a wall of building B; or(b)is
constructed on the same foundation as, and adjacentto,
a wall of building B.(5)An easement
under subsection (2) or (3) entitles the owner ofthe
benefitted lot to enter the burdened lot under the easementto
maintain or replace any support.(6)The
owner of the benefitted lot and the owner of the burdenedlotareeachliabletocontributeequallytothecostofmaintaining or replacing any
support.(7)The owner of the burdened lot—(a)mustmaintainanystructuresontheburdenedlotthatprovide support;
and(b)must insure, to the extent
practicable, any structures onthe burdened lot
that provide support for—(i)the full
replacement value of the structure; andCurrent as at
[Not applicable]Page 77
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 96](ii)public risk; and(c)must
not remove, change or otherwise interfere with anysupport,otherthanasrequiredunderparagraph(a),withoutthewrittenconsentoftheownerofthebenefitted
lot.96Easement for shelter(1)This section applies if a high-density
development easement iscreated for shelter.(2)Aneasementexistsinfavourof1lot(thebenefittedlot)against the other lot (theburdened lot) entitling the
owner ofthe benefitted lot to have the lot sheltered
by the parts of abuildingsituatedontheburdenedlotthatarenecessarytosupply the shelter.(3)The
easement under subsection (2) entitles the owner of thebenefitted lot to enter the burdened lot
under the easement tomaintain or replace the
shelter.(4)The owner of the burdened lot—(a)must maintain the parts of the
building that supply theshelter; and(b)must
insure, to the extent practicable, any parts of thebuilding that supply the shelter for—(i)the full replacement value of the
structure; and(ii)public risk;
and(c)must not remove, change or otherwise
interfere with anyof the parts of the building that supply the
shelter, otherthan as required under paragraph (a),
without the writtenconsent of the owner of the benefitted
lot.96AEasements for projections(1)This section applies if a high-density
development easement iscreated for projections.Page
78Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 96B](2)Aneasementexistsinfavourof1lot(thebenefittedlot)against the other lot (theburdened lot) to permit
parts of abuilding situated on the benefitted lot,
including, for example,eaves, guttering, awnings and window
sills, to project over theboundaries of the burdened lot.(3)The easement entitles the owner of the
benefitted lot to enterthe burdened lot to maintain or
replace the building parts.(4)The
owner of the benefitted lot—(a)is
solely liable for the costs of maintaining or replacingthe
building parts; and(b)must insure, to the extent
practicable, the building partsfor—(i)their full replacement value;
and(ii)public
risk.(5)The owner of the burdened lot must not
remove, change orotherwiseinterferewithanyprojectionwithoutthewrittenconsent of the
owner of the benefitted lot.96BEasement for maintenance of building close
to boundary(1)This section applies if a high-density
development easement iscreated for maintenance.(2)Aneasementexistsinfavourof1lot(thebenefittedlot)against the other lot (theburdened lot) entitling the
owner ofthebenefittedlottoentertheburdenedlottocarryoutmaintenance or replacement of a building
that is—(a)on the boundary of the benefitted lot;
or(b)soclosetotheboundaryofthebenefittedlotthatmaintenance or
replacement of the building is not ableto be carried
out without entering the burdened lot.96CEasement for roof water drainage(1)This section applies if a high-density
development easement iscreated for roof water
drainage.Current as at [Not applicable]Page
79
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 96C](2)Aneasementexistsinfavourof1lot(thebenefittedlot)against the other lot (theburdened lot) to permit a
roof waterdrainagestructurethatispartofabuildingsituatedonthebenefitted lot
to—(a)project over the boundaries of the
burdened lot; or(b)be situated on the burdened lot;
or(c)also be part of a building situated on
the burdened lot.(3)Forsubsection
(2),aroofwaterdrainagestructureisastructure—(a)used
for collecting rainwater from the roof of a buildingand
conveying the rainwater to a drain or the ground,including,forexample,guttering,adownpipe,adrainpipe or a box drain; and(b)onlytotheextentthestructureisvisibleandnotconcealed underground.(4)The easement entitles the owner of the
benefitted lot to enterthe burdened lot to maintain or
replace the roof water drainagestructure.(5)The
owner of the benefitted lot—(a)is
solely liable for the costs of maintaining or replacingthe
roof water drainage structure; and(b)mustinsure,totheextentpracticable,theroofwaterdrainage structure for—(i)its
full replacement value; and(ii)public risk.(6)The
owner of the burdened lot must not, without the writtenconsent of the owner of the benefitted
lot—(a)remove,changeorotherwiseinterferewiththeroofwater drainage
structure; or(b)obstructorotherwiseinterferewiththeflowofwaterthrough the
structure.Page 80Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 96D](7)However,theowneroftheburdenedlotmay,withoutthewrittenconsentoftheownerofthebenefittedlot,interferewith the roof
water drainage structure to the extent necessaryto
ensure water flows freely through the structure, including,for
example, by removing from the structure a thing that isobstructing the flow of water.96DInsurance requirements(1)Apolicyofinsuranceforthefullreplacementvalueofastructure
required to be taken out under this division—(a)must
cover—(i)damage; and(ii)costs incidental to the reinstatement or
replacementof the structure, including the cost of
taking awaydebrisandthefeesofengineersandotherprofessional
advisors; and(b)must provide for the reinstatement of
the structure to itscondition when new.(2)A policy of public risk insurance of a
structure required to betaken out under this division must
cover amounts for—(a)compensation for death, illness and
bodily injury; and(b)damage to property.(3)In this section—damage,
for coverage under insurance required to be put inplace under this division, means—(a)earthquake,explosion,fire,lightning,storm,tempestand water
damage; and(b)glass breakage; and(c)damage from impact, malicious act and
riot.Current as at [Not applicable]Page
81
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 96E]96ENotice of entry(1)This
section applies if, under this division, the owner of a lotbenefitted by a high-density development
easement is entitledtoenterthelotburdenedbytheeasementtomaintainorreplace a structure, part of a structure or
another thing.(2)Beforeexercisingtherightofentry,theownerofthebenefittedlotmustgivetheowneroftheburdenedlotreasonable notice in writing of the owner’s
intention to entertheburdenedlotanddetailsofthemaintenanceorreplacement to be carried out.(3)However,ifthestructureorotherthingisdamagedordestroyedand,inthecircumstances,urgentmaintenanceorreplacement is required and it is
impractical to give a noticeunder subsection
(2)—(a)the owner of the benefitted lot may
exercise the right ofentry without giving the notice to
carry out the urgentmaintenance or replacement; and(b)as soon as practicable after the
entry, the owner of thebenefitted lot must give the owner of
the burdened lotwrittennoticeoftheentryanddetailsofthemaintenance or replacement carried
out.Division 4ACovenants97ACovenant by registration(1)Subjecttothissection,alotmaybemadethesubjectofacovenantbytheregistrationofaninstrumentofcovenantunder this
division.(2)AninstrumentofcovenantmayberegisteredunderthisdivisiononlyifthecovenanteeundertheinstrumentistheStateoranotherentityrepresentingtheState,oralocalgovernment.Page 82Current as at [Not applicable]
Land
Title Act 1994Part 6 Dealings directly affecting
lots[s 97A]Notauthorised—indicativeonly(2A)Aninstrumentofcovenantmayberegisteredevenifthecovenantorundertheinstrumentisthesameentityasthecovenantee.(3)The
covenant must—(a)relate to the use of—(i)the lot or part of the lot; or(ii)a building, or
building proposed to be built, on thelot; or(b)be aimed directly at
preserving—(i)a native animal or plant; or(ii)anaturalorphysicalfeatureofthelotthatisofcultural or scientific significance;
or(c)beforensuringthatthelotmaybetransferredtoaperson only if there is also
transferred to the person—(i)another lot that
is also the subject of the covenant;or(ii)non-freehold
land that, under theLand Act 1994, isthe
subject of the covenant; or(iii)a
lot mentioned in subparagraph (i) together withnon-freehold
land mentioned in subparagraph (ii);or(iv)a registered
lease for another lot or part of a lot.(4)The
covenant—(a)may be a positive covenant or a
negative covenant; and(b)isbindingonthecovenantorandthecovenantor’ssuccessors in
title.(5)The covenant must not prevent a person
from—(a)registering an interest under this
Act; or(b)exercising the person’s rights under a
registered interest;or(c)releasing or surrendering a registered
interest.Current as at [Not applicable]Page
83
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
97A]Notauthorised—indicativeonly(6)Also, the
covenant must not—(a)securethepaymentofmoney,ormoney’sworth,payable under a condition of a development
approval, oran infrastructure agreement, under the
Planning Act; orNote—See also the
Planning Act, section 107.(b)beinconsistentwithaplanningschemeunderthePlanning Act that—(i)applies to the land the subject of the
covenant; and(ii)isineffectwhentheinstrumentofcovenantisregistered; or(c)provide for anything capable of being the
subject of aninstrument of easement.(6A)Subsection(6)(b)doesnotapplytoacovenantifitwasentered into
under a condition of a development approval, oran
infrastructure agreement, under the Planning Act.(7)For subsection (3)(a), the covenant
relates to the use of the lot,a part of the
lot, a building on the lot or a building proposed tobe
built on the lot, only if it provides for—(a)a
purpose for which the lot, the part or the building mustbe
used; orExamples of covenants for paragraph
(a)—•thatabuildingonthelotmustbeusedforeducationalpurposes•that the lot must be used for noise
attenuation purposes(b)a purpose that
is the only purpose for which the lot, thepart or the
building may be used; orExamples of covenants for paragraph
(b)—•that a building on the lot may be used
only for residentialpurposes•that
the lot may be used only for organic farming(c)a
purpose for which the lot, the part or the building mustnot
be used.Page 84Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 97AA]Examples of
covenants for paragraph (c)—•that
a building on the lot must not be used for a statedcommercial purpose•that
the lot must not be used for industrial purposes(8)For subsection (3)(a), the covenant
does not relate to the useof the lot, a part of the lot, a
building on the lot or a buildingproposed to be
built on the lot, to the extent it provides for—(a)anarchitectural,constructionorlandscapingstandardfor
the lot or building; or(b)a statement,
acknowledgement or obligation relating tothe use of land
other than the lot; orExamples—•an
acknowledgement that the lot is in the vicinity of otherland
and that the other land is used for industrial purposes•a statement that the occupier of other
land can not be madethe subject of any proceedings
relating to the occupier’s useof that
land(c)aconditionthatmustbecompliedwithbeforethelotcan be used for a stated purpose or
any purpose; orExample—a condition that
a residence can not be built on the lot until statedutility services are connected(d)regulation of the conduct of the owner
of the lot, if theconduct is unrelated to, or is ancillary to,
use of the lot.Examples for paragraph (d)—•an obligation not to start proceedings
in relation to activitieshappening on land other than the
lot•anobligationnottousethelotforresidentialpurposesunless a rainwater tank is installed97AACompliance with s 97A(1)Aregisteredinstrumentofcovenantistakennottoberegistered under
this Act to the extent it is inconsistent withsection
97A.Current as at [Not applicable]Page
85
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 97B](2)Subsection (1)haseffectonlyinrelationtoinstrumentsofcovenant registered after the commencement
of this section.(3)The registrar may refuse to register
an instrument purportingto be an instrument of covenant if the
registrar is satisfied it isto any extent
inconsistent with section 97A.(4)However,theregistrarneednotconsiderwhetheraninstrumentpurportingtobeaninstrumentofcovenantcomplies with
section 97A(6)(b).97BRequirements of instrument of
covenant(1)An instrument of covenant must—(a)be validly executed; and(b)include a description sufficient to
identify the land to bethe subject of the covenant;
and(c)include a description of the
covenant.(2)Subsection (1) does not limit the
matters that the appropriateform for an
instrument of covenant may require to be includedin
the form.97CAmending an instrument of
covenant(1)A covenant may be amended by
registering an instrument ofamendment of the
covenant.(2)The instrument of amendment may be
registered only if it isvalidly executed.(3)However, the instrument of amendment must
not—(a)increase or decrease the area of land
the subject of thecovenant; or(b)add
or remove a party to the covenant.Page 86Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 97D]97DReleasing a covenant(1)A
registered covenant may be wholly or partly discharged byregistering an instrument releasing the
covenant.(2)The instrument must be signed by the
covenantee.(3)On lodgement of the instrument, the
registrar may register therelease to the extent shown in the
instrument.(4)On registration of the instrument, the
covenant is discharged,and the lot is released from the
covenant, to the extent shownin the
instrument.97DAApplication of Property Law Act 1974,
s 181ThePropertyLawAct1974,section 181,appliestoaregistered
covenant.Division 4BProfits a
prendre97EProfit a prendre by
registrationA lot may be made the subject of a profit a
prendre by theregistrationofaninstrumentofprofitaprendreunderthisdivision over
the lot.97EAProfit a prendre affecting a lot and
non-freehold land(1)Thissectionappliesifaninstrumentofprofitaprendreisregistered under section 97E in relation to
a lot and the profit aprendre also—(a)benefits another lot; or(b)benefits non-freehold land; or(c)burdens another lot; or(d)burdens non-freehold land; or(e)has effect in any combination of
paragraphs (a) to (d).(2)The instrument
must be registered in the appropriate registers.Current as at [Not applicable]Page
87
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 97F](3)Furtherdealingsaffectingtheprofitaprendremustalsoberegistered in the appropriate
registers.97FRequirements of instrument of profit a
prendre(1)An instrument of profit a prendre
must—(a)be validly executed; and(b)include a description sufficient to
identify the lot to bethe subject of the profit a prendre;
and(c)include a description of the profit a
prendre to which thelot is to be subject, including the
period for which theprofit a prendre is to be
enjoyed.(2)Subsection (1) does not limit the
matters that the appropriateform for an
instrument of profit a prendre may require to beincluded in the form.97GParticulars to be registeredWhenregisteringaninstrumentofprofitaprendre,theregistrarmustrecordparticularsofthefollowinginthefreehold land register—(a)the lot burdened by the profit a
prendre;(b)any lot benefited by the profit a
prendre;(c)any lease of non-freehold land
benefited or burdened bythe profit a prendre.97HProfit a prendre benefiting and
burdening sameregistered owner’s lotsIf a lot is to
be benefited by a profit a prendre, the instrumentof
profit a prendre may be registered even if—(a)thelotbenefitedandthelotburdenedbytheprofitaprendre have, or are to have, the same
registered owner;orPage 88Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 97I](b)theownerofthelotbenefitedbytheprofitaprendreholdsaninterestinthelotburdenedbytheprofitaprendre.97ISame
person becoming registered owner of benefitedand burdened
lotsIf a lot is benefited by a profit a prendre,
and the same personbecomes the registered owner of the lot
benefited and the lotburdenedbytheprofitaprendre,theprofitaprendreisextinguished only if—(a)the
registered owner asks the registrar to extinguish theprofit a prendre; or(b)theregistrarcreatesasingleindefeasibletitleforthelots.97JOwner of benefited land acquiring
interest in burdenedlandIf a lot is
benefited by a profit a prendre, the profit a prendre isnotextinguishedmerelybecausetheownerofthelotbenefitedbytheprofitaprendreacquiresaninterest,oragreater interest, in the lot burdened
by the profit a prendre.97KAmending an
instrument of profit a prendre(1)Aprofitaprendremaybeamendedbyregisteringaninstrument of amendment of the profit a
prendre.(2)However, the instrument of amendment
must not—(a)increase or decrease the area of land
the subject of theprofit a prendre; or(b)add
or remove a party to the profit a prendre.Current as at
[Not applicable]Page 89
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 97L]97LReleasing or removing a profit a
prendre(1)On lodgement of an instrument
releasing a profit a prendre towhich a lot is
subject, the registrar may register the release tothe
extent shown in the instrument of release.(2)Onregistrationoftheinstrumentofrelease,theprofitaprendre is discharged, and the lot is
released from the profit aprendre, to the extent shown in the
instrument of release.(3)Also,theregistrarmayremoveaprofitaprendrefromtheindefeasible title for a lot if a
request to remove the profit aprendre is
lodged, and it is clearly established that—(a)theperiodoftimeforwhichtheprofitaprendrewasintended to subsist has ended; or(b)the event upon which the profit a
prendre was intendedto end has happened.97MEffect of surrender of lot on profit a
prendre(1)If a lot subject to a profit a prendre
is surrendered to the State,other than
absolutely, the profit a prendre is a transaction thatmust
be recorded on the new deed of grant under theLand Act1994, section
358(5).(2)If a lot subject to a profit a prendre
is surrendered absolutely,theprofitaprendreisaninterestthat,undertheLandAct1994,section 331(2),isextinguishedfromthedaythesurrender is registered.Division
4CCarbon abatement interestsSubdivision 1Preliminary97NDefinitions for div 4CIn this
division—Page 90Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 97O]carbon abatement
interest, for land, means an interest in theland
consisting of the exclusive right to the economic benefitsassociated with carbon sequestration on the
land.carbonabatementproductmeansalloranyofthefollowing—(a)living biomass;(b)dead
organic matter;(c)soil;(d)carbon sequestration by, and carbon stored
in, a carbonabatement product mentioned in paragraphs
(a) to (c).carbon sequestration, by living
biomass, dead organic matteror soil,
includes—(a)theprocessbywhichthebiomass,matterorsoilremoves and
stores carbon dioxide from the atmosphere;or(b)the use of the biomass, matter or soil
to avoid, reduce oreliminate greenhouse gas emissions.Subdivision 2Creation and
registration97OCreation only by registration(1)A carbon abatement interest over a
lot—(a)iscreatedbyregisteringaninstrumentofcarbonabatement
interest for the lot; and(b)can not be
created other than under this division.(2)An
instrument of carbon abatement interest must—(a)be
validly executed; and(b)include—(i)adescriptionsufficienttoidentifythelotthesubject of the
interest; and(ii)the terms of the
interest; andCurrent as at [Not applicable]Page
91
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 97P](iii)the
period for which the interest is granted.(3)If
the carbon abatement interest relates to a part of a lot,
theinstrument may only be registered if—(a)a plan of survey has been registered,
designating the partofthelotasbeingthesubjectofacarbonabatementinterest; and(b)the
instrument includes a description identifying the partof
the lot designated on the registered plan of survey.(4)Thissectiondoesnotlimitthemattersthattheappropriateformforaninstrumentofcarbonabatementinterestmayrequire to be included in the
instrument.97PRequirements for registrationTheregistrarmayregisteraninstrumentcreatingacarbonabatement
interest for a lot only if—(a)theproposedgrantoroftheinterestistheregisteredowner of the
lot; and(b)theregistrarissatisfiedtheregisteredowneristheholderoftherighttodealwiththecarbonabatementproduct for the lot; and(c)allholdersofaregisteredinterestinthelandwhoseinterestmaybeaffectedbytheproposedcarbonabatement
interest consent to the proposed grant; and(d)therearenoexistingcarbonabatementinterestsregistered for the part of the lot to which
the proposedcarbon abatement interest relates.97QGrantor and grantee may be the
sameA carbon abatement interest may be
registered even thoughthe proposed grantor and proposed
grantee of the interest arethe same.Page
92Current as at [Not applicable]
Land
Title Act 1994Part 6 Dealings directly affecting
lots[s 97R]97RParticular interests not to be
registered(1)Thissectionappliesinrelationtolandintheareaofaspecified national park.(2)The registrar must not register a
carbon abatement interest forthe land in the
freehold land register.Notauthorised—indicativeonlySubdivision 3Amendments and
dealings97SAmending interest(1)A
carbon abatement interest may be amended by registeringan
instrument of amendment of the carbon abatement interest.(2)However, the amendment can not—(a)increase or decrease the area of land
the subject of theinterest; or(b)add
or remove a party to the interest.97USurrendering or removing an interest(1)Onlodgementofaninstrumentsurrenderingacarbonabatement
interest to which a lot is subject, the registrar mayregister the surrender to the extent shown
in the instrument ofsurrender.(2)On
registration of the instrument of surrender the interest issurrendered to the extent shown in the
document.(3)Also,theregistrarmayremoveacarbonabatementinterestfrom the
indefeasible title of a lot if—(a)arequesttoremovethecarbonabatementinterestislodged, and the request establishes
that—(i)the period of time for which the
carbon abatementinterest was intended to exist has ended;
or(ii)an event upon
which the carbon sequestration wasintended to end
has happened; orCurrent as at [Not applicable]Page
93
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
98](b)theregistrarreceivesarequesttoremovetheinterestunder an Act of
the Commonwealth.Notauthorised—indicativeonlyDivision 5Application by
adverse possessor98Application may not be made about
particular matters(1)Anapplicationmaynotbemadeunderthisdivisioniftheapplication—(a)relates to only a part of a lot; or(b)isforalotthatmaybecreatedinthefuturebytheregistration of
a plan of subdivision; or(c)is for a lot the
registered owner of which is—(i)the
State or another entity representing the State; or(ii)a local
government; or(d)relates to possession arising out of
an encroachment.(2)In this section—encroachmentmeans—(a)anencroachmentwithinthemeaningofthePropertyLaw Act
1974, part 11, division 1; or(b)the enclosure of a part of a lot with
another lot, if—(i)the enclosure is established by the
use of a wall,fence,hedge,ditch,gardenbedorotherwayofmarking the
boundary between the lots; and(ii)the
wall, fence, hedge, ditch, garden bed or otherwayofmarkingtheboundaryisnotonthetrueboundary between
the lots as shown on a registeredplan of
subdivision.99Application for registration(1)A person (theapplicant)
may apply to be registered as ownerof a lot by
lodging an application under this division.Page 94Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 100](2)The
application must be accompanied by—(a)thedocumentsoftitleforthelotthatareinthepossession or under the control of the
applicant; and(b)the names and addresses, for service
of notices, of allregistered proprietors and occupiers of lots
adjoining thelot.100Withdrawal of
application(1)Theapplicantmaywithdrawtheapplicationatanytimebefore the
applicant is registered as owner of the lot under thisdivision.(2)If
the applicant withdraws the application, the registrar must,ifaskedbytheapplicant,returnalldocumentslodgedordeposited in support of the
application.101Right to make application not affected
by death etc.(1)If a person who may apply to be
registered as owner of a lotbylodginganapplicationunderthisdivisiondieswithoutmaking the application, the application may
be made in theperson’s name by the person’s legal personal
representative.(2)If the applicant dies before the
application has been dealt withunder this
division, the application may be continued, and anynecessary steps taken, in the person’s name
by the person’slegal personal representative.102Refusal of applicationThe
registrar may refuse to register the applicant as owner ofthe
lot if the registrar is not satisfied that the information
anddocumentsinsupportoftheapplicationestablishthattheapplicant is an adverse possessor.Current as at [Not applicable]Page
95
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 103]103Notice of application(1)Before registering the applicant as an
adverse possessor, theregistrar must, to the extent the
registrar considers practicable,give written
notice of the application to—(a)allregisteredproprietorsofthe
lotandadjoininglots;and(b)anyone else the
registrar considers may have an interestin the
lot.(2)The notice is in addition to the
public notice that the applicantmust give under
section 18(3).(3)Thenoticemustincludeastatementtotheeffectthattheapplicant will be registered as the
owner of the lot if a caveatis not lodged by
a specified day.(4)The specified day must be at least 2
months and not more than6monthsfromthedaypublicnoticeislastrequiredtobegiven.104Objecting by caveatA
person who claims an interest in the lot may lodge a caveatover
the lot at any time before the applicant is registered asowner of the lot.105Lapsing of caveat(1)If
the registrar—(a)is not satisfied that the caveator has
an interest in the lot;or(b)is
satisfied that any interest that the caveator has in thelothasbeenextinguishedundertheLimitationofActions Act 1974;theregistrarmust,bywrittennoticegiventothecaveator,require the
caveator to start a proceeding to recover the lot inthe
Supreme Court within 6 months after the notice is given.Page
96Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 106](2)Thecaveatlapsesunless,withintherequiredtime,thecaveator—(a)starts a proceeding in the Supreme Court to
recover thelot; and(b)gives written notice, in the way the
registrar requires, tothe registrar that the proceeding has
started.(3)The caveat also lapses if—(a)the proceeding is withdrawn or
dismissed; or(b)judgment in the proceeding is given
against the caveatorand the time for appealing against the
judgment expireswithout an appeal being lodged; or(c)ifthejudgmentintheproceedingisgivenagainstthecaveatorandthejudgmentisappealed—theappealisdismissed or withdrawn.(4)In this section—required
timemeans—(a)the
6 months mentioned in subsection (1); or(b)if
the registrar proposes to act under section 107(1)(b)—the
time allowed under section 107(3).106Further caveatWhile the
applicant’s application as adverse possessor is stillcurrent, a further caveat of the caveator
can never be lodged inrelation to the interest claimed on
the same, or substantiallythe same, grounds unless the leave of
the Supreme Court tolodge the further caveat has been
granted.107Refusing or compromising
application(1)If the registrar is satisfied that the
caveator has an interest inthe lot that has
not been extinguished under theLimitation
ofActions Act 1974, the registrar
may—(a)refuse to register the applicant as
owner of the lot; orCurrent as at [Not applicable]Page
97
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 108](b)register the applicant as the holder of a
lesser interest inthelotthattheregistrarconsidersappropriatelyreflects—(i)the use made of the lot by the
applicant; and(ii)the period that
the applicant has used the lot.(2)Ifthecaveatordoesnotagreetotheregistrationoftheapplicant for a lesser interest in the
lot, the caveator may starta proceeding in
the Supreme Court to recover the lot.(3)The
proceeding must be started within 1 month of receivingwritten notice from the registrar of the
registrar’s intention toregister the applicant as holder of a
lesser interest in the lot.(3A)Also,thecaveatormust,withinthe1monthmentionedinsubsection (3),givewrittennotice,inthewaytheregistrarrequires, to the
registrar that the proceeding has started.(4)If
the caveator does not start a proceeding within 1 month, theregistrar may register the applicant as the
holder of a lesserinterest in the lot.108Registering adverse possessor as
ownerThe registrar may register the applicant as
owner of all or partof the lot if the registrar is
satisfied that the applicant is anadverse
possessor of the lot or part of it and—(a)no
caveat has been lodged by the day specified undersection 103; or(b)ifacaveatislodgedbythedayspecifiedundersection
103—(i)thecaveathaslapsedorhasbeenwithdrawn,cancelled or
removed; and(ii)afurthercaveathasnotbeenlodgedundersection 106.Page 98Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 108A]108ARequirements for part of a lot(1)If,undersection 108,theregistrarproposestoregistertheapplicant as owner of only a part
(therelevant part) of the
lot(therelevantlot),theregistrarmayrequire theapplicanttolodge a plan of subdivision for the
relevant lot, subdividingthe relevant lot into the following
lots—(a)a lot made up of the relevant
part;(b)a lot made up of the remainder of the
relevant lot.(2)Theapplicantmaysigntheplanofsubdivisionasiftheapplicant were
the registered owner of the relevant lot.(3)However—(a)theplanofsubdivisionmustcomplywithsection 50;and(b)despite the outcome of the applicant’s
application as anadverse possessor, the registrarcannotproceedundersection
108toregistertheapplicantasowneroftherelevant part if section 50 can not be
complied with.(4)Theregistrarmayrequirethatthegivingofpublicnoticeundersection
18(3)andthegivingofwrittennoticeundersection
103(1)bedelayeduntiltheapplicantsatisfiestheregistrarthattheapplicantwillbeabletolodgeaplanofsubdivision complying with section
50.108BConsequences of registrationIf,undersection
108,theregistrarregisterstheapplicantasowner of the lot or a part of the lot, the
registrar must—(a)canceltheregistrationofthepersonpreviouslyregistered as
the owner of the lot or the part of the lot;and(b)create in the applicant’s name an
indefeasible title freefrom all other interests in the lot or
the part, other thanthe following—Current as at
[Not applicable]Page 99
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 109](i)any
estate, interest, claim, encumbrance or noticeregisteredinfavourofanentitythatisapublicutility provider under division 4;(ii)any easement or
profit a prendre registered over thelotwhentheapplicationwasmadeundersection 99;(iii)anycovenantthat,underdivision4A,wasregisteredoverthelotwhentheapplicationwasmade
under section 99.Division 6Trusts, deceased
estates andbankruptcy109How
interest as trustee may be registered(1)A
person may be registered as trustee of an interest in a lotonly
by the registration of—(a)an instrument
transferring the interest to, or creating theinterest in
favour of, the person as trustee; or(b)a
request to vest the interest in the person as trustee.(2)For subsection (1)(b), a request to
vest an interest in a lot in aperson as
trustee includes a request to give effect to an orderof a
court appointing the person as trustee for the sale of thelot.110Instrument of
transfer to trustee(1)An instrument of transfer may be
lodged—(a)to transfer an interest in a lot to a
trustee; or(b)bytheregisteredownertodeclarethattheregisteredowner holds the
interest in a lot as trustee.(2)The
registrar may register the instrument of transfer.Page
100Current as at [Not applicable]
Land
Title Act 1994Part 6 Dealings directly affecting
lots[s 110A](3)A
certified copy of a document stating details of the trust,
orcreatingthetrust,mustbedepositedwiththeinstrumentoftransfer.(4)The
document deposited with the instrument of transfer doesnot
form part of the freehold land register.Notauthorised—indicativeonly110AInstrument to vest in trustee(1)A request to vest may be lodged to
vest an interest in a lot in atrustee.(2)Arequesttovestmustgiveeffecttoanorder(thevestingorder) of a
court.(3)The registrar may register the request
to vest.(4)Thevestingorder,andallotherdocuments(theotherdocuments)statingdetailsofthetrustsubjecttowhichtheinterestisvestedinthetrustee,mustbedepositedwiththerequest to vest.(5)Theotherdocumentsdonotformpartofthefreeholdlandregister.(6)Theregistrarmustkeepcertifiedcopiesoftheotherdocumentsandreturntheoriginalstothepersonwhodeposited them.111Registering personal representative(1)Apersonmayapplytotheregistrartoberegisteredaspersonal representative for a registered
proprietor of a lot oran interest in a lot who has
died.(2)The registrar may register the lot or
the interest in the lot inthe name of the person as personal
representative only if—(a)the person has
obtained—(i)a grant of representation in
Queensland; or(ii)theresealinginQueenslandofagrantofrepresentation; orCurrent as at
[Not applicable]Page 101
Land
Title Act 1994Part 6 Dealings directly affecting lots[s
111]Notauthorised—indicativeonly(b)ifparagraph(a)doesnotapplyandtheregisteredproprietor died
without a will—(i)letters of administration of the
deceased person’sestate have not been granted in Queensland
within6 months after the death; and(ii)thegrossvalueofthedeceasedperson’sQueensland
estate at the date of death was no morethan the amount
prescribed by regulation or, if noamount is
prescribed, $300,000; and(iii)the registrar is
of the opinion that the person wouldsucceedinanapplicationforagrantofrepresentation; or(c)ifparagraph(a)doesnotapplyandtheregisteredproprietor died
leaving a will—(i)thepersonisorisentitledtobethedeceased’spersonal
representative; or(ii)the registrar
considers the person would succeed inan application
for a grant of representation; or(iii)thepersonhasobtainedagrantofrepresentationotherthaninQueenslandandtheregistrarconsidersthepersonwouldsucceedinanapplicationfortheresealingofthegrantinQueensland.(3)Apersonregisteredunderthissectionwithoutagrantofrepresentation has the same rights, powers
and liabilities as ifa grant of representation had been
made to the person.(4)The validity of an act done or payment
made in good faith bya person registered under this section
is not affected by a latergrant of representation.(5)If the grantee of a grant of
representation is different from theperson
registered under subsection (2), the person registeredmust—(a)account to the grantee for all property of
the deceasedperson controlled by the person before the
grant; andPage 102Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6 Dealings directly affecting
lots[s 112](b)take
all action necessary to divest from the person andvest
in the grantee all property of the deceased personremaining under the person’s control.112Registering beneficiary(1)A person who is beneficially entitled
under a will to a lot or aninterest in a
lot of a deceased registered proprietor may applyto
the registrar to be registered as proprietor of the lot.(2)However, the registrar may register
the person only if—(a)written consent is given by—(i)the person who is or is entitled to be
the deceased’spersonal representative; or(ii)apersonwho,intheregistrar’sopinion,wouldsucceedinanapplicationforagrantofrepresentation; or(iii)a
person who has obtained a grant of representationotherthaninQueenslandandwould,intheregistrar’sopinion,succeedinanapplicationforthe
resealing of the grant in Queensland; and(b)thepersonsatisfiestheregistrarthatthepersonisbeneficially entitled to the lot or the
interest in the lot.113Form of applicationAn
application under section 111 or 112 must state—(a)the lot to which the application
refers; and(b)the interest for which registration is
sought; and(c)thenatureofotherinterestsinthelotknowntotheapplicant.114Applying for Supreme Court order(1)This section applies to—Current as at [Not applicable]Page
103
Notauthorised—indicativeonlyLand Title Act 1994Part 6 Dealings
directly affecting lots[s 114](a)the
Attorney-General; or(b)a trustee or
beneficiary under a trust; or(c)apersonalrepresentative,adeviseeoranyoneelseinterested in—(i)a
lot of a deceased registered proprietor; or(ii)atrustinvolvingalotofadeceasedregisteredproprietor;
or(iii)a lot registered
in the name of a person as personalrepresentative.Exampleofapersoninterestedinalotmentionedinsubparagraph (iii)—apersonclaimingtobeentitledtobeappointedaspersonalrepresentativeintheplaceofthepersoninwhose name the lot is registered(2)ApersontowhomthissectionappliesmayapplytotheSupreme Court for an order that a
named person be registeredas proprietor of a lot.(3)TheSupremeCourtmaymake1ormoreofthefollowingorders—(a)that a person be registered as
proprietor of the lot;(b)that a person be
removed from the freehold land registeras proprietor of
the lot;(c)that a caveat be lodged to protect a
person’s interest inthe lot;(d)that
a person advertise in a specified form,contentorway;(e)that
costs be paid by any person or out of any property.(4)The registrar must register
particulars of an order if a requestto register the
order is lodged and an office copy of the orderis
deposited.(5)Anorderdoesnotvestaninterestinthelotuntilitisregistered.Page 104Current as at [Not applicable]
Land
Title Act 1994Part 6A Community titles schemes[s
115]115Transmission on bankruptcyThe
registrar may register a transmission of an interest in a
lotunder a law about bankruptcy only if a
request to register thetransmission is lodged.Notauthorised—indicativeonlyPart
6ACommunity titles schemesDivision 1Preliminary115ABasic
concept for pt 6A—community titles scheme(1)A
community titles scheme is the basic concept for this part.(2)A community titles scheme can only be
over freehold land.115BMeaning ofcommunity titles
scheme(1)Acommunity titles
schemeis—(a)a single
community management statement recorded bythe registrar
identifying land (thescheme land); and(b)the scheme land.(2)Land
may be identified as scheme land if it consists of—(a)2 or more lots; and(b)otherland(thecommonpropertyforthecommunitytitles scheme)
that is not included in a lot mentioned inparagraph
(a).(3)Land can not be common property for
more than 1 communitytitles scheme.(4)For
each community titles scheme, there must be—(a)at
least 2 lots; and(b)common property; and(c)a single body corporate; andCurrent as at [Not applicable]Page
105
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115C](d)a
single community management statement.(5)A
community titles scheme is abasic
schemeif all the lotsmentioned in
subsection (2)(a) are lots under this Act.(6)However, under this part, a lot may be, for
its inclusion in acommunity titles scheme other than a basic
scheme, anothercommunity titles scheme.Note—BCCM
Act, schedule 1 (Illustrations) contains examples of
possiblestructures of community titles
schemes.115CMeaning oflayered
arrangement of community titlesschemes(1)Alayeredarrangementofcommunitytitlesschemesisagrouping of community titles
schemes—(a)inwhichthereis1communitytitlesscheme(theprincipal scheme) that—Note—SeeBCCMAct,schedule 1,parts2and3forexamplesoflayered arrangements of community titles
schemes.(i)isnotalotincludedinanothercommunitytitlesscheme;
and(ii)is made up
of—(A)theschemelandforallothercommunitytitles schemes in the grouping; and(B)its own common property; and(C)each lot, if any, that is not a
community titlesscheme, but that is included in the
scheme;and(b)in which there
is at least 1 basic scheme; and(c)in
which there may or may not be 1 or more communitytitles schemes located between the principal
scheme andeach basic scheme.Page 106Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6A Community titles schemes[s
115D](2)Eachcommunitytitlesscheme,otherthantheprincipalscheme,inalayeredarrangementofcommunitytitlesschemes—(a)is a
subsidiary scheme for the principal scheme; and(b)unless it is a lot included in the principal
scheme, mayalsobeasubsidiaryschemeforanothercommunitytitles scheme forming part of the layered
arrangement.(3)Asubsidiary
scheme, for a community titles scheme (schemeA),
is a community titles scheme the scheme land for whichforms part of the scheme land for scheme
A.(4)In this Act, the expressionincluded in, if used in the
contextof the inclusion of a lot in a community
titles scheme—(a)establishestherelationshipthelothastothescheme;and(b)ingeneralterms,isusedtoestablishthatthelotisdirectly a part of the scheme, rather than
only indirectlya part of the scheme.(5)The
diagram and notes in the BCCM Act, schedule 1, part 3illustrate more comprehensively how the
expression ‘includedin’ is used.115DProvisions about lots that are community
titles schemesIf a community titles scheme (scheme A) includes a lot
that isanother community titles scheme (scheme B)—(a)areferenceinthisActtotheownerofthelotisareference to the
body corporate for scheme B; but(b)areferenceinthisActtoalotincludedinschemeAdoes
not include a reference to scheme B if the provisionis
about—(i)the subdivision of a lot; or(ii)the indefeasible
title for a lot; or(iii)a lease or
mortgage of a lot; or(iv)the occupier or
registered proprietor of a lot.Current as at
[Not applicable]Page 107
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115E]Division 2Names of community titles schemes115ENames of community titles
schemes(1)The registrar may refuse to record a
community managementstatementforacommunitytitlesschemeifthescheme’sidentifying name
shown in the statement is—(a)theidentifyingnameinthecommunitymanagementstatement for
another community titles scheme; or(b)a
name reserved under this division, other than a namereserved by the person seeking to record the
communitymanagement statement; or(c)anamereservedundertheBuildingUnitsandGroupTitles Act
1980, section 120; or(d)a
name reserved under theSouth Bank Corporation Act1989; orNote—SeetheSouthBankCorporationAct1989,schedule 4,section
9(3A).(e)in the registrar’s opinion formed on
reasonable grounds,undesirable.(2)The
registrar must allocate a unique identifying number for ascheme when the first community management
statement isrecorded for the scheme.115FReservation of name(1)The
registrar may, on application, reserve a name stated in theapplicationastheidentifyingnametobeshowninthecommunity
management statement for a proposed communitytitles
scheme.(2)The reservation must identify the
proposed scheme land forthe proposed scheme.Page
108Current as at [Not applicable]
Land
Title Act 1994Part 6A Community titles schemes[s
115G](3)The registrar must reserve the name
unless satisfied he or shewould refuse to record a community
management statementshowing the name.Notauthorised—indicativeonly115GPeriod of reservation(1)Thereservationofanidentifyingnameforaproposedcommunity titles scheme is for an initial
period of 2 years andmaybeextendedbytheregistrar,butonlyonce,foranadditional
period of 1 year.(2)Theextensionmaybegivenonlyonanapplicationmade,within the initial period, by the person for
whom the name isreserved.(3)However, the reservation ends if—(a)the person withdraws the reservation;
or(b)acommunitytitlesschemeisestablishedandthereservednameistheidentifyingnameshowninthecommunity management statement for the
scheme.Division 3Scheme
land115HSingle area for scheme land(1)Scheme land for a community titles
scheme must be made upof a single, continuous area of
land.(2)Scheme land is taken to be made up of
a single, continuousarea of land even if—(a)a lot is subdivided under section 53A;
or(b)if paragraph (a) does not apply—there
is nevertheless aroadorwatercoursewithintheexternalboundariesofthe
scheme land.(3)However, a community titles scheme may
be established withscheme land not made up of a single,
continuous area of landif all lots that become the scheme
land are—Current as at [Not applicable]Page
109
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115I](a)created under a single plan of subdivision;
or(b)intheopinionoftheregistrarformedonreasonablegrounds,locatedwithinanareathatissufficientlylimited to
ensure the scheme can be administered undertheBCCMActefficientlyandeffectivelyasasinglescheme.(4)Nevertheless, if subsection (3)
applies, and the scheme is laterchanged to
include additional lots or common property, eachof
the additional lots or common property must form a single,continuousareaoflandwithapartoftheschemelandinexistence for the scheme immediately
before the inclusion ofthe additional lots or common
property.115IEnlarging the number of lots through
progressivesubdivision(1)This
section applies to a basic scheme for which—(a)an
application for a development approval is made underthe
Planning Act; or(b)an application for a development
approval, or a requestfor compliance assessment of
development, was madeunder the repealedSustainable
Planning Act 2009; or(c)anapplicationfordevelopmentapprovalwasmadeunder the
repealedIntegrated Planning Act 1997on
orafter 4 March 2003.(2)The
number of lots included in the scheme may be increasedthrough the progressive subdivision of lots
to create furtherlots included in the scheme.Note—BCCM Act,
schedule 1 (Illustrations), part 4 (Example of progressivesubdivision for creating more lots in a
scheme) gives an example of theoperation of
this section.(3)Subject to subsection (4), the lots
may be subdivided by plansofsubdivisionofadifferentformatfromtheplanofsubdivision that created the original lots
if the subdivision isto create a layered arrangement of
community titles schemes.Page 110Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6A Community titles schemes[s
115J](4)Thelotsmaybesubdividedbyplansofsubdivisionofadifferent format from the plan of
subdivision that created theoriginallots,withoutcreatingalayeredarrangementofcommunity titles schemes, if each of the
following apply tothe scheme—(a)thecommunitymanagementstatementstatesthatthelotsincludedintheschemearetobesubdividedbydifferent format plans of
subdivision;(b)thelotsaresubdividedbydifferentformatplansofsubdivision;(c)thecontributionschedulelotentitlementsequitablyreflect the difference in the maintenance
requirements ofthestandardformatlots,buildingformatlotsandvolumetric format lots.Division 4Community
managementstatements115JLodging request to record a new
statement(1)A request to record a new community
management statementfor a community titles scheme must be
lodged when a newplan of subdivision affecting the scheme
(including affecting alot in, or the common property for,
the scheme) is lodged.(2)A request to
record a new community management statementfor a community
titles scheme may be lodged, and the newstatement may be
recorded for the scheme, even though a planof subdivision
is not lodged, if all plans of subdivision relatingto
the scheme, and the new statement, will still be consistentafter the new statement is recorded.115KRecording community management
statements(1)The registrar may record a community
management statementif—(a)a
request to record the statement is lodged; andCurrent as at
[Not applicable]Page 111
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115L](b)the
statement is deposited with the request; and(c)the
statement complies with—(i)section 115H;
and(ii)therequirementsoftheBCCMActforacommunity
management statement; and(d)for a new
community management statement—the bodycorporate’sconsenttotherecordingofthenewstatement is endorsed on the
statement.(2)Acommunitymanagementstatementisnotaninstrumentunder this
Act.(3)However,arequesttorecordacommunitymanagementstatement is an
instrument, and is lodged, under this Act.(4)Aninterestcreatedunderacommunitymanagementstatement
recorded under subsection (1) does not have effectas a
registered interest.115LWhen registrar records community
managementstatement(1)Whentheregistrarrecordsacommunitymanagementstatement for a
community titles scheme, the registrar must—(a)give
the statement a unique identifying number; and(b)recordareferencetothecommunitymanagementstatement,includingitsuniqueidentifyingnumber,on—(i)theindefeasibletitleforeachlotthatisschemeland; and(ii)the indefeasible
title for any common property thatis scheme
land.(2)However—(a)theregistrarisnotobligedtoexamine,butmayexamine,acommunitymanagementstatementforitsvalidity,
including, in particular, its—Page 112Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6A Community titles schemes[s
115M](i)consistency with any plan of
subdivision; or(ii)compliance with
the requirements for a communitymanagement
statement; and(b)it must not be presumed that a
community managementstatementisvalidorenforceable,including,forexample, that the by-laws for the scheme
included in thestatementarevalidandenforceable,becausetheregistrar records it; and(c)neitherthevaliditynortheenforceabilityofacommunity management statement, as
recorded by theregistrar, is guaranteed by the
State.(3)The community management statement
takes effect when it isrecordedbytheregistrarasthecommunitymanagementstatement for
the scheme.Division 5Statutory
easements115MApplication of div 5(1)This division provides for easements
for lots included in, andcommon property for, a community
titles scheme.(2)However, subject to subsection (3),
this division applies to thescheme only if
the lots included in the scheme are lots on—(a)a
building format plan of subdivision; or(b)a
volumetric format plan of subdivision; or(c)a
standard format plan of subdivision registered underthis
Act on or after 13 July 1997.(3)If a
lot is a standard format lot in a community titles schemeintendedtobedevelopedprogressivelyandtherearenobuildings on the lot, this division
applies for the lot.(4)Thisdivisionhaseffectfortheschemesubjecttotheprovisions of an
easement established under another part ofthis Act.Current as at [Not applicable]Page
113
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115N]115NEasements for support(1)An
easement of lateral or subjacent support exists—(a)infavourofalotagainstanotherlotcapableofsupplying lateral or subjacent support;
and(b)in favour of a lot against common
property capable ofsupplying lateral or subjacent support;
and(c)in favour of common property against a
lot capable ofsupplying lateral or subjacent support;
and(d)infavourofcommonpropertyagainstothercommonpropertycapableofsupplyinglateralorsubjacentsupport.(2)An easement of common wall support
exists—(a)infavourofalot(lotX)againstanotherlotwhenabuildingontheotherlotissupplyingcommonwallsupport to a
building on lot X; and(b)infavourofalotagainstcommonpropertywhenabuilding on the common property is supplying
commonwall support to a building on the boundary
of the lot;and(c)infavourofcommonpropertyagainstalotwhenabuilding on the lot is supplying common wall
support toa building on the boundary of the common
property; and(d)infavourofcommonpropertyagainstothercommonproperty when a
building on the other common propertyis supplying
common wall support to a building on theboundary of the
common property.(3)For subsection (2), a building
(building A) supplies
commonwall support to another building (buildingB) if
a wall (thecommon wall) of building A
is also a wall of building B andthe common wall
is necessary to ensure the general safety andstructural
integrity of building A.(4)An easement for
support under subsection (1) or (2)—Page 114Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6A Community titles schemes[s
115O](a)entitlestheownerofalot(lotX)toenteralotorcommon property
supplying support to lot X under theeasement to
maintain or replace any support; and(b)entitlesthebodycorporatetoenteralotorcommonproperty supplying support to common
property underthe easement to maintain or replace any
support.(5)An easement for support under
subsection (1) or (2) subsistsuntil the scheme
no longer exists.115OEasements in favour of lots for
utility services and utilityinfrastructure(1)An
easement exists in favour of a lot and against other lots
andcommon property for supplying utility
services to the lot andestablishing and maintaining utility
infrastructure reasonablynecessary for supplying the utility
services.(2)However, the exercise of rights under
the easement must notinterfere unreasonably with the use or
enjoyment of the lot orpart of common property against which
the easement lies.115PEasements for utility services and
utility infrastructure(1)An easement
exists in favour of common property and againstthe lots for
supplying utility services to the common propertyandestablishingandmaintainingutilityinfrastructurereasonablynecessaryforsupplyingutilityservicestothecommon property.(2)However, the exercise of rights under the
easement must notinterfere unreasonably with the use or
enjoyment of the lotsagainst which the easement
lies.115QEasements for shelter(1)Aneasemententitlingtheownerofalottohavethelotsheltered by parts of a building
within scheme land necessaryto supply
shelter exists against the lots or parts of commonproperty where the relevant parts of the
building are situated.Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115R](2)Theeasementforshelterundersubsection (1)entitlestheowner of the lot to enter a lot or
common property supplyingshelter under the easement to maintain
or replace the shelter.115REasements for
projections(1)If eaves, guttering, drainpipes,
awnings, window sills, or otherminor parts of a
building within a lot (lot A) project over
theboundariesofanotherlot(lotB)orcommonproperty,aneasement exists in favour of lot A and
against the part of lot Bor common property over which the
projection lies, permittingthe
projection.(2)The easement entitles the owner of lot
A to enter lot B or thecommon property to maintain or replace
the building parts.115SEasement for maintenance of building
close to boundary(1)If a building is on the boundary of a
lot (lot A) or so close
tothe boundary of lot A that maintenance or
replacement of thebuilding is not able to be carried out
without entering anotherlot (lot B) or
common property, an easement exists in favourof lot A and
against lot B or the common property.(2)TheeasemententitlestheowneroflotAtoenterlotBorcommonpropertytocarryoutthemaintenanceorreplacement.Division 6Changes to community titlesschemes under reinstatementprocess115TRegistration for changes to scheme under
approvedreinstatement process(1)If
an approved reinstatement process provides for a change toa
community titles scheme, the body corporate must lodge—Page
116Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6A Community titles schemes[s
115U](a)ifappropriate,havingregardtotheapprovedreinstatementprocess,oracommunitymanagementstatementmentionedinparagraph(b)—aplanofsubdivisionreflectingtheapprovedreinstatementprocess;
and(b)ifappropriate,havingregardtotheapprovedreinstatementprocess,oraplanofsubdivisionmentioned in
paragraph (a)—a request to record a newcommunity
management statement; and(c)a true copy of
the approved reinstatement process.(2)If
an approved reinstatement process provides for a change tosubdivisionalarrangements(notincludingachangetoacommunity titles scheme), the owners
of lots the subject of theapproved reinstatement process must
lodge—(a)ifappropriate,havingregardtotheapprovedreinstatement
process—a plan of subdivision reflectingthe approved
reinstatement process; and(b)a true copy of
the approved reinstatement process.(3)In
this section—approvedreinstatementprocessmeansaprocess,approvedundertheBCCMAct,section 72or74,forreinstatingabuilding.Division 7Terminating community titlesschemes115UInstruments required for terminating
scheme(1)Ifacommunitytitlesschemeistobeterminated,aplancancelling the
lots in the scheme must be lodged.(2)The
plan must be lodged by or for—(a)the
body corporate; orCurrent as at [Not applicable]Page
117
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115V](b)iftheDistrictCourtmadeanorderundertheBCCMAct,section 78(2),forterminatingthescheme—aperson on whose
application the court made the order.(3)Theplanmustbeaccompaniedby,aswellasanyotherinstrument
required under this Act, a copy of—(a)iftheschemeisterminatedunderaresolutionofthebody corporate—the resolution to
terminate the scheme,andanyagreemententeredintoaboutterminationissues;
or(b)if the scheme is terminated under an
order of the DistrictCourt—the order.(4)In
this section—termination issuessee the BCCM
Act, schedule 6.115VRecording termination of scheme(1)If section 115U is complied with, the
registrar must record thecancellationofthecommunitymanagementstatement,andmust
also—(a)register the termination in the
freehold land register; and(b)canceltheparticulars(otherthanparticularsofeasements,covenantsandotherdealingscapableofbeing maintained against scheme land after
terminationofthescheme)recordedinthefreeholdlandregisterabout scheme
land.(2)The termination takes effect when the
registrar completes theaction mentioned in subsection
(1).(3)On the termination of the scheme, the
registrar must create 1ormoreindefeasibletitlesforalllandthat,immediatelybefore the
termination, was scheme land.(4)Theregisteredownersforatitlementionedinsubsection (3)—Page 118Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6A Community titles schemes[s
115W](a)arethepersons(formerowners)who,immediatelybefore the
scheme’s termination, were the owners of thescheme land;
and(b)mustberecordedastenantsincommoninthesharesproportionatetotheirrespectiveinterestschedulelotentitlements immediately before the
termination.(5)Ifalotincludedintheschemewassubjecttoamortgageimmediatelybeforetheschemewasterminated,theformerowner’s interest
in the land as tenant in common is subject tothe
mortgage.Division 8Amalgamating
community titlesschemes115WRequest to record amalgamation of
schemes(1)Arequesttorecordtheamalgamationof2ormorecommunity titles schemes (scheme Aandscheme B) must belodged.(2)The
request must be—(a)signedbyorforthebodycorporateforschemeAorscheme B; and(b)lodged by or for—(i)the
bodies corporate for schemes A and B; or(ii)iftheDistrictCourtmadeanorderundertheBCCMAct,section 85(3),foramalgamatingtheschemes—a person on whose application the
courtmade the order.(3)The
request must be accompanied by each of the following—(a)acopyofeachresolution,ortheorder,fortheamalgamation of schemes A and
B;(b)thecommunitymanagementstatementintendedtoberecorded for the single, newly
established, communitytitlesschemeformed,ortobeformedfromtheCurrent as at [Not applicable]Page
119
Notauthorised—indicativeonlyLand Title Act 1994Part 6A Community
titles schemes[s 115X]amalgamation(schemeC),showingtheappropriateconsents and
notifications;(c)ifschemesAandBarelotsincludedinanothercommunity titles
scheme and the existing statement fortheotherschemeisnotconsistentwiththeamalgamation of schemes A and B—a new
communitymanagement statement for the other
scheme;(d)any other instrument required under
this Act.115XRecording amalgamation of
schemes(1)If the request to record the
amalgamation of schemes A and Bcomplies with
the BCCM Act (including with an order of theDistrict Court
made under that Act about the amalgamation),the registrar
must—(a)record the cancellation of the
community managementstatements for schemes A and B;
and(b)recordthecommunitymanagementstatementforschemeCandanyothercommunitymanagementstatement
accompanying the request; and(c)register the amalgamation in the freehold
land register.(2)The amalgamation takes effect when the
registrar completesthe action mentioned in subsection
(1).Division 9Creating a
layered arrangement ofcommunity titles schemes frombasic schemes115YRequest to record creation of layered
arrangement(1)A request to record the creation of a
layered arrangement ofcommunitytitlesschemesfrom2ormorebasicschemes(scheme Aandscheme B) must be
lodged.(2)The request must be—Page
120Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 6A Community titles schemes[s
115Z](a)signedbyorforthebodycorporateforschemeAorscheme B; and(b)lodged by or for—(i)the
bodies corporate for schemes A and B; or(ii)iftheDistrictCourtmadeanorderundertheBCCM Act, section 91(2), for creating
the layeredarrangement—apersononwhoseapplicationthecourt made the order.(3)The
request must be accompanied by each of the following—(a)a copy of each resolution, or the
order, for the creationof the layered arrangement;(b)the community management statements
intended to berecorded for schemes A and B and the
principal schemein the layered arrangement, showing the body
corporateconsents required under the BCCM Act,
section 62 andthecommunitymanagementstatementnotationsrequired under
that Act, section 60;(c)new community
management statements for schemes Aand B if the
statements will no longer be accurate afterthe layered
arrangement is created;(d)any other
instrument required under this Act.115ZRecording creation of layered
arrangement(1)If the request to record the creation
of the layered arrangementcomplies with the BCCM Act (including
with an order of theDistrictCourtmadeunderthatActaboutthelayeredarrangement),
the registrar must—(a)recordthecommunitymanagementstatementfortheprincipalschemeinthelayeredarrangementandanyother community management statement
accompanyingthe request; and(b)register any instrument required, under this
Act, to beregistered for the layered
arrangement.Current as at [Not applicable]Page
121
Notauthorised—indicativeonlyLand Title Act 1994Part 7 Other
dealings[s 116](2)The
creation of the layered arrangement takes effect when theregistrar completes the action mentioned in
subsection (1).Part 7Other
dealingsDivision 1Writs of
execution116Registering a writ of executionThe
registrar may register a writ of execution only if a requestto
register it, and an office copy of it, is lodged.117Effect of registering a writ of
executionForpurchasers,lessees,mortgageesandcreditors,awritofexecution—(a)can
not, until registered, bind or affect registered lots,whether or not there is actual or
constructive notice ofthe writ; and(b)bindsoraffectsregisteredlotsonlyifthewritisexecuted and put in force within—(i)6 months of its lodgement; or(ii)the extended
time allowed by the court where thewrit is filed
and notified to the registrar.118Cancellation of registrationRegistration of a writ of execution may be
cancelled if—(a)a request to cancel it is lodged;
and(b)the registrar is satisfied that the
time, or extended time,for executing and putting the writ
into force has ended.Page 122Current as at
[Not applicable]
Land
Title Act 1994Part 7 Other dealings[s 119]119Discharging or satisfying writ of
executionDischargeorsatisfactionofawritofexecutionmayberegistered if a request to register it
is lodged.Notauthorised—indicativeonly120Transfer of lots sold in
execution(1)If a lot is sold under a registered
writ of execution, the sheriff,registrar or
clerk of the court of the relevant court may executean
instrument of transfer to the purchaser.(2)Onregistrationofthetransfer,thetransfereebecomestheregistered owner of the lot subject
to—(a)registered interests; and(b)equitablemortgagesnotifiedbycaveatlodgedbeforeregistration of
the writ of execution.120AEffect on writ of
execution of transfer after sale bymortgagee(1)Subsection (2) applies if—(a)a mortgage is registered over a lot;
and(b)a writ of execution is later
registered in relation to thelot.(2)Ifthemortgageeofthelotsignsatransferofthelotafterexercising power of sale under the
mortgage—(a)registrationofthewritofexecutiondoesnotpreventregistration of
the transfer; and(b)on registration of the transfer, the
registrar must cancelregistration of the writ of
execution.Division 2Caveats121Requirements of caveats(1)A caveat must be signed by or for the
caveator.Current as at [Not applicable]Page
123
Notauthorised—indicativeonlyLand Title Act 1994Part 7 Other
dealings[s 122](2)The
caveat must state—(a)the name of the caveator; and(b)anaddresswheredocumentscanbeservedonthecaveator;
and(c)unlesstheregistrardispenseswithit,thenameandaddress of—(i)the
registered proprietor of the lot affected by thecaveat; and(ii)each
other person whose interest or whose right toregistrationofaninstrumentisaffectedbythecaveat; and(d)the
registered interest affected by the caveat; and(e)if
the caveat relates to only a part of a lot—a descriptionof
the affected part; and(f)the interest
claimed by the caveator; and(g)the
grounds on which the interest is claimed.(2A)Without limiting subsection (2)(b), the
address stated may bethe address of a stated legal
practitioner.(3)This section applies to all caveats
under this Act other than acaveatpreparedandregisteredbytheregistrarundersection 17.122Lodging a caveat(1)A
caveat may be lodged by any of the following—(a)a
person claiming an interest in a lot;(b)the
registrar under section 17;(c)the
registered owner of the lot;(d)a
person to whom an Australian court has ordered thatan
interest in a lot be transferred;Page 124Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 7 Other dealings[s 123](e)a person who has the benefit of a
subsisting order of anAustraliancourtinrestrainingaregisteredproprietorfrom dealing
with a lot.(2)Howeveracaveatmayonlybelodgedbyanequitablemortgagee if it
is a caveat to which section 126 applies.(3)To
remove any doubt, it is declared that an interest in a lotdoes
not include an interest in a proposed lot under theLandSales Act
1984that a person obtains by agreeing to buy the
lotunder a contract for the sale of the
lot.123Notifying caveatThe registrar
must give written notice of the lodgement of acaveat to each
person mentioned in section 121(2)(c)(i) and(ii).124Effect of lodging caveat(1)A caveat prevents registration of an
instrument affecting thelotoverwhichthecaveatislodgedfromthedateandtimeendorsed by the
registrar on the caveat as the caveat’s date andtime
of lodgement.(1A)Subsection (1)
has effect for a caveat until the caveat lapses oris
cancelled, rejected, removed or withdrawn.(2)However, lodgement of a caveat does not
prevent registrationof the following—(a)an
instrument specified in the caveat as an instrument towhich the caveat does not apply;(b)an instrument if the caveator consents
to its registration;(c)an instrument
executed by a mortgagee whose interestwas registered
before lodgement of the caveat if—(i)themortgageehaspowerunderthemortgagetoexecute the instrument; and(ii)the caveator
claims an interest in the lot as securityfor the payment
of money or money’s worth;Current as at [Not applicable]Page
125
Notauthorised—indicativeonlyLand Title Act 1994Part 7 Other
dealings[s 125](d)aninstrumentoftransferofmortgageexecutedbyamortgageewhoseinterestwasregisteredbeforelodgement of the caveat;(e)ifthecaveatorisapersonwhohasthebenefitofanorder mentioned in section
122(1)(e)—an instrument fora dealing other
than a dealing restrained by the order;Example—A
caveat lodged by a person who has the benefit of an ordermentioned in section 122(1)(e) restrains the
registered owner ofa lot from transferring or mortgaging the
lot. The lodgement ofthe caveat does not prevent
registration of an instrument of leasefor the
lot.(f)anotherinterestthat,ifregistered,willnotaffecttheinterest claimed by the caveator.(3)The exceptions mentioned in subsection
(2)(c) and (d) do notapply to a caveat lodged by the
registrar.(4)The exception in subsection (2)(d)
does not apply to a caveatlodged by the registered owner.(5)Lodgementofacaveatdoesnotcreateinthecaveatoraregistrable interest in the lot affected by
the caveat.125Withdrawing a caveatAcaveatormaywithdrawacaveatbylodgingarequesttowithdraw it.126Lapsing of caveat(1)This
section does not apply to a caveat if—(a)it
is lodged by the registered owner; or(b)the
consent of the registered owner, in the appropriateform, is deposited when the caveat is
lodged; or(c)anofficecopyofacourtordermentionedinsection 122(1)(d) or (e) is deposited when
the caveat islodged; orPage 126Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 7 Other dealings[s 126](d)it is lodged by the registrar under
section 17; or(e)it is lodged other than under this
division.(1A)However,thissectionappliestoacaveatlodgedbytheregistered owner
of a lot if—(a)the lot is subject to a mortgage;
and(b)the grounds stated in the caveat
relate to the actions ofthe mortgagee in relation to—(i)ifthemortgageisregistered—registrationofthemortgage; or(ii)the
mortgagee’s power of sale.(2)The caveatee of
a caveat to which this section applies—(a)mayserveonthecaveatoranoticerequiringthecaveator to start a proceeding in a
court of competentjurisdictiontoestablishtheinterestclaimedunderthecaveat; andNote—Seesection131inrelationtotheserviceofnoticesonthecaveator.(b)ifthecaveateeservesanoticeunderparagraph(a)—must, within 14 days after the notice is
served, depositan instrument notifying the registrar of the
service of thenotice.(4)Ifacaveatordoesnotwantacaveattowhichthissectionapplies to
lapse, the caveator must—(a)start a
proceeding in a court of competent jurisdiction toestablish the interest claimed under the
caveat—(i)ifthecaveateehasservedanoticeundersubsection (2)(a) on the caveator and has
compliedwithsubsection(2)(b)—within14daysafterthenotice is served on the caveator;
or(ii)otherwise—within
3 months after the lodgement ofthe caveat;
andCurrent as at [Not applicable]Page
127
Notauthorised—indicativeonlyLand Title Act 1994Part 7 Other
dealings[s 127](b)notify the registrar, by depositing an
instrument, withinthe 14 days or the 3 months that a
proceeding has beenstarted and identify the proceeding.(5)If the caveator does not comply with
subsection (4), the caveatlapses.(6)The
caveator is taken to have complied with subsection (4)(a)if,
before the caveat was lodged—(a)a
proceeding has been started in a court of competentjurisdictiontoestablishtheinterestclaimedunderthecaveat; and(b)theproceedinghasnotbeendecided,discontinuedorwithdrawn.(7)The
registrar may remove a caveat that has lapsed from thefreehold land register.127Removing a caveat(1)A
caveatee may at any time apply to the Supreme Court for anorder that a caveat be removed.(2)The Supreme Court may make the order
whether or not thecaveator has been served with the
application, and may makethe order on the terms it considers
appropriate.128Cancelling a caveat(1)The registrar may cancel a caveat if a
request to cancel thecaveat is lodged and the registrar is
satisfied that—(a)theinterestclaimedbythecaveatorhasceasedortheclaim to it has been abandoned or
withdrawn; or(b)the claim of the caveator has been
settled by agreementor otherwise satisfied; or(c)thenatureoftheinterestclaimeddoesnotentitlethecaveator to prevent registration of an
instrument that hasbeen lodged; orPage 128Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 7 Other dealings[s 129](d)ifthecaveatorisapersonwhohasthebenefitofanorder mentioned
in section 122(1)(e)—the proceeding inwhichtheorderwasmadehasbeendiscontinuedordismissed, or has otherwise ended.(2)Theregistrarmustnotifythecaveatoroftheregistrar’sintention to
cancel the caveat at least 7 days before cancellingit.(3)Theregistrarmaycancelacaveatimmediatelybeforeregisteringaninstrumentthathasbeenlodgediftheinstrument—(a)will,onregistration,givefulleffecttoaninterestclaimed in the caveat; or(b)is an instrument of transfer and the
registrar is satisfiedsection 124(2)(c) applies to allow the
registration of theinstrument.(4)Also,theregistrarmaycancelacaveatlodgedbyapersonwho
has the benefit of an order mentioned in section 122(1)(e)if—(a)aninstrumentforadealingotherthanadealingrestrained by
the order is registered; and(b)because of the registration of the
instrument, the ordercanhavenofurthereffecttorestraindealingsbytheperson subject
to the order.129Further caveat(1)This
section applies if a caveat (theoriginal
caveat) is lodgedin relation to
an interest.(2)A further caveat with the same
caveator can never be lodgedinrelationtotheinterestonthesame,orsubstantiallythesame,groundsasthegroundsstatedintheoriginalcaveatunless the leave of a court of competent
jurisdiction to lodgethe further caveat has been
granted.Current as at [Not applicable]Page
129
Notauthorised—indicativeonlyLand Title Act 1994Part 7 Other
dealings[s 130](3)However, subsection (2) does not apply if
the original caveatisacaveatpreparedandregisteredbytheregistrarundersection 17.130Compensation for improper caveat(1)Thecaveatorunderacaveatlodgedorcontinuedwithoutreasonablecausemustcompensateanyoneelsewhosuffersloss or damage
as a result.(2)Inaproceedingforcompensationundersubsection (1),acourt of competent jurisdiction may include
in a judgment forcompensation a component for exemplary
damages.(3)Inaproceedingforcompensationundersubsection (1),itmustbepresumedthatthecaveatwaslodgedorcontinuedwithoutreasonablecauseunlessthecaveatorprovesthatitwas
lodged or continued with reasonable cause.(4)Subsection (1) does not apply to the
registrar in relation to acaveat prepared and registered under
section 17.131Notices to the caveator(1)A notice to a caveator under this
division is sufficiently servedif left at or
sent to the address mentioned in section 121(2)(b).(2)If the registrar is satisfied that a
notice under this division willnotreachthecaveatorifservedinthewaymentionedinsubsection (1), the notice may be
served in a way specified ina written
direction by the registrar.(3)If
the registrar is informed in writing, and is satisfied, that
thenameoraddressofthecaveatorhaschanged,theregistrarmust note on the
caveat details of the new name or address.(4)A
new name or address noted under subsection (3) becomesthe
name or address for service of a notice on the caveator.Page
130Current as at [Not applicable]
Division 3Land Title Act
1994Part 7 Other dealings[s 132]Powers of attorney and disabilitiesNotauthorised—indicativeonly132Instrument not registered until power
of attorneyregisteredAninstrumentexecutedundertheauthorityofapowerofattorneymayberegisteredonlyifthepowerofattorneyisregistered under this division.133Registering power of attorney(1)The registrar must keep a register of
powers of attorney (thepower of attorney register).(2)The registrar
may register a power of attorney by recordingparticulars of
it in the power of attorney register if a request toregisteritislodgedandthepowerofattorneyisdepositedwith the
request.(3)Theregistrarmustkeepacopyoftheregisteredpowerofattorney and return the power of
attorney to the person whodeposited it.(4)In
this section—power of attorneyincludes a copy
of a power of attorney thathasbeencertifiedunderthePowersofAttorneyAct1998,section 14 or
45.134Effect of registering a power of
attorney(1)An act done by the donee under and in
accordance with theterms of a registered power of attorney has
the same effect asif the act were done by the donor.(2)A registered power of attorney is
evidence that the donee isauthorisedtodoanythingwithinthetermsofthepowerofattorney.(3)Theregistrarmayregisteraninstrumentexecutedunderaregistered power of attorney without being
satisfied that thepower of attorney has not been
revoked.Current as at [Not applicable]Page
131
Notauthorised—indicativeonlyLand Title Act 1994Part 7 Other
dealings[s 135](4)The
registrar must not register an instrument executed under aregisteredpowerofattorneyiftheinstrumentbecameeffective after—(a)registration of an instrument of revocation
or disclaimerof the power of attorney; or(b)someone else is registered as owner of
the relevant lotafter the death or bankruptcy of the
donor.135Revoking or disclaiming a power of
attorney(1)A registered power of attorney may be
revoked by registeringan instrument of revocation or
disclaimer.(2)This section also applies to enduring
powers of attorney.136Act for a minor(1)This
section applies if—(a)this Act requires or permits an act to
be done by or inrelation to a person (therelevant person); and(b)the relevant person is a minor;
and(c)no person has authority under this or
another Act to actfor the relevant person for the act.(2)Apersonsuitablyauthorisedbyacourtofcompetentjurisdiction may
act for the relevant person for the act.137Act
for other person lacking capacity(1)This
section applies if—(a)this Act requires or permits an act to
be done by or inrelation to a person (therelevant person); and(b)the relevant person is not a minor;
and(c)the relevant person does not have
capacity for the act.Page 132Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 7A Priority notices[s 138](2)SubjecttotheoperationoftheGuardianshipandAdministration Act 2000and thePowers of Attorney Act 1998,a qualified person may act for the
relevant person for the act.(3)In
this section—capacity,fortherelevantpersonfortheact,meanstherelevant person is capable of—(a)understanding the nature and effect of
decisions aboutthe act; and(b)freelyandvoluntarilymakingdecisionsabouttheact;and(c)communicating the decisions in some
way.qualified personmeans—(a)an administrator for the relevant
person appointed undertheGuardianship and
Administration Act 2000; or(b)apersonsuitablyauthorisedbytherelevantpersonunder an enduring power of attorney under
thePowersof Attorney Act
1998.Part 7APriority
notices138Definitions for part(1)In this part—extension
requestsee section 141(1).priority
noticesee section 139(1).related
instrumentsee section 139(2)(d)(ii).(2)In this part, a reference to an
instrument includes a referenceto a
caveat.139Depositing priority notice(1)A notice (apriority
notice) for a lot may be deposited by orfor
a person who is, or will be, a party to an instrument that—Current as at [Not applicable]Page
133
Notauthorised—indicativeonlyLand Title Act 1994Part 7A Priority
notices[s 140](a)is
to be lodged; and(b)will affect the lot or an interest in
the lot.(2)A priority notice must—(a)be in the appropriate form; and(b)state the person’s name; and(c)be signed by or for the person;
and(d)sufficiently describe—(i)the lot; and(ii)each
instrument to which the notice relates (each arelated
instrument); and(e)statetheorderinwhichtherelatedinstrumentsareintended to be lodged.(3)Therelatedinstrumentsmustincludetheinstrumentmentioned in
subsection (1).140Effect of priority notice(1)Thedepositofaprioritynoticeforalotpreventsaninstrumentaffectingthelotoraninterestinthelotbeingregistered until the notice lapses or is
withdrawn, removed orcancelled.(2)However, the priority notice does not
prevent registration of—(a)aninstrumentifthepersonforwhomthenoticewasdeposited consents to its registration;
or(b)aninstrumentoftransferorreleaseofmortgageexecuted by a
mortgagee whose interest was registeredbefore the
notice was deposited; or(c)an instrument
lodged before the notice was deposited; or(d)a
caveat; or(e)another instrument that, if
registered, would not affectan interest the
subject of the notice.Page 134Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 7A Priority notices[s 141]141Extending priority notice(1)A priority notice may be extended for
30 days by depositing arequest (anextension
request) to extend the notice.(2)An
extension request must be—(a)in the
appropriate form; and(b)signed by or for
the person for whom the priority noticewas deposited;
and(c)depositedwithin60daysaftertheprioritynoticewasdeposited.(3)Only1extensionrequestmaybedepositedforaprioritynotice.(4)The
deposit of an extension request continues the effect of thepriority notice under section 140.142Lapsing of priority noticeA
priority notice lapses on the earliest of the following
days—(a)either—(i)ifanextensionrequestforthenoticehasbeendepositedundersection141—thedaythatis90days after the notice was deposited;
or(ii)otherwise—the
day that is 60 days after the noticewas
deposited;(b)the day when all related instruments
have been lodged inthe order stated in the notice.143Withdrawing priority notice(1)A priority notice may be withdrawn by
depositing a request towithdraw the notice.(2)The request must be—(a)in the appropriate form; andCurrent as at [Not applicable]Page
135
Notauthorised—indicativeonlyLand Title Act 1994Part 7A Priority
notices[s 144](b)signed by or for the person for whom the
priority noticewas deposited.144Removing priority notice(1)An
affected person for a lotmay, at any time, apply to theSupreme Court for an order that a priority
notice for the lot beremoved.(2)The
Supreme Court may make the order—(a)whether or not the person for whom the
priority noticewas deposited has been served with the
application; and(b)on the terms the court considers
appropriate.(3)In this section—affectedperson,foralotthesubjectofaprioritynotice,means a person, other than the person for
whom the prioritynotice was deposited, who—(a)is a registered proprietor of the lot;
or(b)has another interest in the
lot.145Cancelling priority notice(1)The registrar may cancel a priority
notice for a lot if—(a)a request to
cancel the notice is deposited; and(b)theregistrarissatisfieditisunlikelytherelatedinstrumentsforthenoticewillbelodgedbeforethenotice lapses.(2)Theregistrarmustgivewrittennoticeoftheregistrar’sintention to
cancel the priority notice to the person for whomtheprioritynoticewasdepositedatleast7daysbeforecancelling the notice.(3)The
registrar may give the notice by leaving it at, or sending
itto,theaddressstatedinthenoticeforthepersonwhodeposited the notice.Page 136Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 7A Priority notices[s 146]146Compensation for improper priority
notice(1)This section applies if, without
reasonable cause—(a)a priority notice is deposited or
extended; or(b)a priority notice is not withdrawn
after it is no longerneeded to prevent the registration of
an instrument.(2)The person for whom the priority
notice was deposited mustcompensateanotherpersonwhosufferslossordamagebecause of the
deposit or extension of the notice, or the failureto
withdraw the notice.(3)In a proceeding
for compensation under subsection (2)—(a)theSupremeCourtmayincludeacomponentforexemplarydamagesinajudgmentforcompensation;and(b)prooftherewasreasonable causetodepositorextendthe priority
notice, or not to withdraw the notice after itwas no longer
needed to prevent the registration of aninstrument,
rests on the person for whom the notice wasdeposited.147Registrar may withdraw instrument(1)Theregistrarmaywithdrawaninstrumentthathasbeenlodgedbutpreventedfrombeingregisteredbyaprioritynotice.(2)Theregistrarmustgivewrittennoticeoftheregistrar’sintention to
withdraw the instrument to the person who lodgedtheinstrumentatleast14daysbeforewithdrawingtheinstrument.148Priority of instruments(1)Instruments lodged, but prevented from being
registered by apriority notice, are taken to have been
lodged (in the order inwhich they were lodged) immediately
after lodgment of therelated instruments for the
notice.Current as at [Not applicable]Page
137
Land
Title Act 1994Part 8 Instruments[s 149](2)This section does not apply to an
instrument withdrawn by theregistrar under
section 147.Notauthorised—indicativeonly149Minor correction
of priority notice(1)This section applies if the registrar
receives a written requestto correct a priority notice from, or
on behalf of, the person forwhom the
priority notice was deposited.(2)Theregistrarmaymakethecorrectioniftheregistrarissatisfied the correction is minor.Part
8InstrumentsDivision 1General153When
instrument capable of registrationThe registrar
may register an instrument only if—(a)it
complies with this Act; and(b)it
appears on its face to be capable of registration.155Correcting unregistered
instruments(1)The registrar may correct an obvious
error in a lodged plan ofsurvey that is in paper form
by—(a)drawingalinethroughtheerrorwithoutmakingtheoriginal words illegible; and(b)writing in the correct information;
and(c)dating and initialling the
correction.(2)Theregistrarmaycorrectanobviouserrorinalodgedinstrument(otherthanaplanofsurvey)bynotingthecorrection—(a)on
the instrument; orPage 138Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 8 Instruments[s 156](b)iftheinstrumentisinelectronicform—intheappropriate register.(3)Theregistrarmaycorrectanobviouserrorinalodgedinstrument only if the registrar is
satisfied that the instrumentis incorrect and
the correction will not prejudice the rights of aperson.(4)An
instrument corrected by the registrar under this section hasthe
same effect as if the relevant error had not been made.156Requisitions(1)The
registrar may, by written notice (therequisition) given
toa person who has lodged or deposited an
instrument or otherdocument, or to another person who
reasonably appears to theregistrartoberelevantlyassociatedwiththeinstrumentorother document require a person—(a)tore-execute,completeorcorrecttheinstrumentordocumentifitappearstotheregistrartobewrong,incomplete or
defective; or(b)toproducetotheregistrarspecifiedinformation,ordeposit a specified instrument or document,
in supportof the application to register the
instrument.(2)Theregistrarmayrequiretheinstrument,documentorinformation to be verified by
statutory declaration or affidavit.(3)The
requisition may—(a)state when, and where, it must be
complied with; and(b)if it relates to an electronic
conveyancing document, beaccompanied by a copy of the
document.(4)Theregistrarmayextendthetimeforcomplyingwiththerequisition.(5)Theregistrarmayrefusetodealwiththeinstrumentordocumentlodgedordeposited(andanyinstrumentthatdepends on it for registration) until the
requisition is compliedwith.Current as at
[Not applicable]Page 139
Notauthorised—indicativeonlyLand Title Act 1994Part 8
Instruments[s 156A](6)Also,subsections(7)and(8)applyinrelationtoaninstrument or other document that is
lodged if the registrar issatisfied—(a)theinstrumentordocumentisnotcapableofregistration; and(b)the
reason the instrument or document is not capable ofregistration is not a matter for which a
requisition maybe given under subsection (1).(7)The registrar may give written notice
(also therequisition) tothepersonwholodgedtheinstrumentordocument,ortoanother person who reasonably appears
to the registrar to berelevantlyassociatedwiththeinstrumentordocument,stating—(a)thattheinstrumentordocumentisnotcapableofregistration; and(b)whytheinstrumentordocumentisnotcapableofregistration.(8)The
requisition may, if it relates to an electronic conveyancingdocument, be accompanied by a copy of the
document.156AElectronic communication of statutory
declaration oraffidavit(1)A
person is taken to have complied with a requirement undersection 156(2) to give the registrar a
statutory declaration oraffidavit (theverifying
document) if the person gives a signedelectronicformoftheverifyingdocumentbyelectroniccommunication
and—(a)having regard to all the relevant
circumstances when thecommunication was sent, the method of
generating theelectronicformoftheverifyingdocumentprovidedareliablewayofmaintainingtheintegrityoftheinformation it contained; and(b)when the communication was sent, it
was reasonable toexpect the information contained in the
electronic formPage 140Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 8 Instruments[s 157]of
the verifying document would be readily accessibleso
as to be useable for subsequent reference; and(c)theregistrarconsentstotheelectronicformoftheverifyingdocumentbeinggivenbyelectroniccommunication.(2)The
person is taken to have signed the electronic form of theverifying document if—(a)a
method is used to identify the person and to indicatethe
person’s approval of the information communicated;and(b)having regard to
all the relevant circumstances when themethodwasused,themethodwasasreliableaswasappropriate for the purposes for which
the informationwas communicated; and(c)theregistrarconsentstotheelectronicformoftheverifying
document being signed by using the methodmentioned in
paragraph (a).157Rejecting instrument or document after
requisition given(1)The registrar may reject an instrument
or document to whicha requisition relates and any
instrument that depends on it forregistration
if—(a)forarequisitiongivenundersection156(1)—therequisition is
not complied with by a person within thetime stated or
extended by the registrar; or(b)the
requisition is given under section 156(7).(2)An
instrument rejected under subsection (1) loses its priorityunder section 178.(3)Iftheregistrarrejectsaninstrumentordocumentundersubsection (1) the registrar must—(a)giveawrittennoticeoftherejectiontothepersontowhomtheregistrargavetherequisitionfortheinstrument or document; andCurrent as at [Not applicable]Page
141
Notauthorised—indicativeonlyLand Title Act 1994Part 8
Instruments[s 158](b)if
the instrument or document is in paper form—returnthe
instrument or document to the person who lodged ordeposited it.(4)Amemorandumrecordingtherejectionofaninstrumentundersubsection (1)maybeendorsedontherejectedinstrument or
recorded in a separate record kept in the landregistry.(5)An electronic conveyancing document
that has been rejectedunder subsection (1) can not be
relodged.(6)Subjecttosubsection (5),thissectiondoesnotpreventrelodgement of
an instrument rejected under subsection (1)(a)after the
requisition has been complied with.158Borrowing lodged or deposited instrument
beforeregistration(1)Theregistrarmaypermitanyofthefollowingpersonstoborrowaninstrumentlodgedordepositedinpaperformbefore the instrument is registered or used
for the purpose forwhich it was deposited—(a)the
person who lodged or deposited the instrument;(b)apersonforwhomtheinstrumentwaslodgedordeposited;(c)an
agent of a person mentioned in paragraph (a) or (b).(2)Thepersonmustreturntheinstrumenttothelandregistrywithin the time specified by the
registrar.(3)Theregistrarmayextendthetimeforreturningtheinstrument.(4)Apersonmustnotfailtoreturntheinstrumenttothelandregistry within
the time specified or extended by the registrar,unless the person has a reasonable
excuse.Maximum penalty for subsection (4)—50
penalty units.Page 142Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 8 Instruments[s 159]159Withdrawing lodged instrument before
registration(1)Theregistrarmaywithdrawaninstrument,orpermitaninstrument to be withdrawn, if the registrar
is satisfied—(a)theinstrumentwillnotgiveeffecttotheintentionexpressedinitorarelatedinstrumentbecauseoftheorderinwhichtheinstrumenthasbeenlodgedinrelation to other instruments;
or(b)the instrument should not have been
lodged, including,forexample,becausetheinstrumentcannotbegivenlegal effect.Example of an
instrument that can not be given legal effect—a power of
attorney that names the same person as principal andattorney(2)Aninstrumentthatiswithdrawnbytheregistrarundersubsection (1)remainsinthelandregistry,unlesstheinstrument is an instrument that
should not have been lodged.(3)Theregistrarmayrelodgeaninstrumentthathasbeenwithdrawn by the
registrar.(4)On receiving a written application,
the registrar may relodgean instrument that the registrar has
permitted to be withdrawn.(5)Aninstrumentwithdrawnundersubsection
(1)losesitspriority and is taken to have been lodged on
the date and at thetimeendorsedonitbytheregistraratthetimeofitsrelodgement.(6)Subsection (5)doesnotapplytoaplanofsubdivisionmentioned in
section 53.160Registrar may call in instrument for
correction orcancellationThe registrar
may require a person to deposit an instrumentfor correction
or cancellation.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyLand Title Act 1994Part 8
Instruments[s 161]161Execution and proof(1)For
a corporation, an instrument is validly executed if—(a)it is executed in a way permitted by
law; or(b)theinstrumentissealedwiththecorporation’ssealinaccordance with theProperty Law Act 1974, section
46.(2)For an individual, an instrument is
validly executed if—(a)it is executed
in a way permitted by law; and(b)theexecutioniswitnessedbyapersonmentionedinschedule 1.(3)However,theregistrarmay,inexceptionalcircumstances,register an
instrument executed by an individual even thoughthe
execution was not witnessed or was not witnessed by aperson mentioned in schedule 1.(3A)If an instrument
is executed by a legal practitioner authorisedbyatransfereeorapersoninwhosefavouraninterestiscreated, the execution need not be
witnessed.(4)The witnessing of an instrument may be
proved in any waypermitted by law.(5)This
section does not apply to a plan of survey.Note—UndertheElectronicConveyancingNationalLaw(Queensland),section 9(3)(b),
if a registry instrument is digitally signed in accordancewiththeparticipationrulesapplicabletotheinstrument,therequirements of any other Queensland law
relating to the execution,signing,witnessing,attestationorsealingofdocumentsmustberegarded as having been fully
satisfied.162Obligations of witness for
individualApersonwhowitnessesaninstrumentexecutedbyanindividual
must—(a)first take reasonable steps to ensure
that the individual isthe person entitled to sign the
instrument; andPage 144Current as at
[Not applicable]
Land
Title Act 1994Part 8 Instruments[s 164](b)havetheindividualexecutetheinstrumentinthepresence of the person; and(c)not be a party to the
instrument.Notauthorised—indicativeonly164Dispensing with production of paper
instrument(1)Theregistrarmaydispensewiththeproductionofapaperinstrument.(2)The
registrar may require evidence that a person seeking todeal
with a relevant lot is the registered proprietor, and that
theinstrument—(a)has
been lost or no longer exists; and(b)is
not deposited as security or for safe custody.(3)Theregistrarmustrecordinthefreeholdlandregisterthatproduction of the instrument has been
dispensed with and thedate production of it was dispensed
with.165Requiring plan of survey to be
lodged(1)The registrar may require a registered
proprietor of a lot whoproposes to transfer, lease or
otherwise deal with all or part ofthe lot to lodge
a plan of survey of the lot.(2)The
plan of survey must comply with theSurvey and
MappingInfrastructure Act 2003and must be
certified as accurate by acadastralsurveyorwithinthemeaningoftheSurveyorsAct2003.166Destroying instrument in certain
circumstances(1)The registrar may destroy a part of
the freehold land registeroraninstrumentheldinthelandregistryifthepartoftheregister or the instrument—(a)is not evidence of an existing
interest; or(b)isevidenceofanexistinginterestofwhichthereisaccurate evidence in another part of
the register; orCurrent as at [Not applicable]Page
145
Notauthorised—indicativeonlyLand Title Act 1994Part 8
Instruments[s 167](c)willnotberequiredforregisteringtheeffectofatransaction.(2)The
registrar may authorise a person to destroy an instrumentheld
in a place other than an office of the department if theinstrument—(a)waslodgedattheplaceforevidencing,inthelandregistry, an
interest; and(b)isevidenceofanexistinginterestforwhichthereisaccurate evidence in the land
registry.(3)Before destroying a part of the
register or an instrument undersubsection (1),
the registrar must copy it in whatever way theregistrar
considers appropriate.(4)However,theregistrar,orpersonactingunderanauthoritygiven under
subsection (2), must not destroy an original will.(5)Theregistrar’spowersundersubsections
(1)and(2)aresubject to thePublic Records
Act 2002.167Transferor must
do everything necessary etc.Apersonwho,forvaluableconsideration,executesaninstrumenttotransferorcreateaninterestinalotmustdoeverythingnecessarytogiveeffecttothetermsandothermatters stated
in the instrument or implied by this or anotherAct.Division 2Standard terms
documents formingpart of instruments168Meaning ofstandard terms
documentin div 2In this
division—standardtermsdocumentmeansadocumentcontainingprovisions that
are treated as terms of an instrument to whichthe document is
to apply or applies.Page 146Current as at
[Not applicable]
Land
Title Act 1994Part 8 Instruments[s 168A]168AReferences to registered standard
terms documentIn sections 170 and 171, a reference to a
registered standardterms document includes a standard terms
document that hasbeen, or is taken to be, registered under
theLand Act 1994.Notauthorised—indicativeonly169Standard terms document to which
instrument refersmay be registered(1)The
registrar or another person may lodge a standard termsdocumentandmayamendthestandardtermsdocumentbylodging a further standard terms
document.(2)Thelodgedstandardtermsdocumentmustbegivenadistinguishing reference and must be
registered.170Standard terms document that is part
of an instrumentAllorpartofaregisteredstandardtermsdocument,oranamended
registered standard terms document, forms part of aninstrument if the instrument—(a)says it forms part of the instrument;
and(b)belongstoaclassidentifiedinthestandardtermsdocument as an instrument to which the
standard termsdocument applies.171Instrument not limited to that contained in
standardterms document(1)Inadditiontotheprovisionsinaregisteredstandardtermsdocument,aninstrumentmayincludeaprovisionincorporating
other terms into the instrument.(2)If
there is a conflict between the standard terms document andthe
terms in an instrument, the instrument prevails.172Withdrawal or cancellation of standard
terms document(1)Theregistrarmaywithdrawaregisteredstandardtermsdocument if
asked to withdraw it by the person who lodged it.Current as at [Not applicable]Page
147
Notauthorised—indicativeonlyLand Title Act 1994Part 9
Registration of instruments and its effect[s 173](2)Theregistrarmaycancelaregisteredstandardtermsdocument lodged
by the registrar after giving 1 month’s noticein the
gazette.(3)The registrar must keep and, if asked,
produce for inspection acopyofastandardtermsdocumentcancelledorwithdrawnunder this
section.(4)Withdrawalorcancellationofastandardtermsdocument,under this
section or theLandAct1994, does not
affect aninstrument already registered or executed
within 7 days afterits withdrawal or cancellation.Part
9Registration of instrumentsand
its effectDivision 1Registration of
instruments173How an instrument is registeredTheregistrarregistersaninstrumentinthefreeholdlandregisterbyrecordinginthefreeholdlandregistertheparticulars necessary to identify the
instrument.174When an instrument is
registeredAn instrument is registered when the
particulars are recordedin the freehold land register.175Time from when instrument forms part
of register etc.Aregisteredinstrumentformspartofthefreeholdlandregister from when it is lodged.176Registered instrument operates as a
deedA registered instrument operates as a
deed.Page 148Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 9 Registration of instruments and its
effect[s 177]177Order
of registration of instruments(1)Instruments affecting a lot, including
instruments affecting orcreating an interest in the lot, must
be registered in the orderin which they are lodged.(2)Subsection (1) is subject to section
159.(3)Despitesubsection
(1),ifaninstrument(instrument2)affecting a lot is lodged after
another instrument (instrument1)affectingthelot,instrument2mayberegisteredbeforeinstrument 1 if the registration of
instrument 2 can not affectany interest
that a person might claim under instrument 1.Example for
subsection (3)—An instrument of easement over a lot
(instrument 1) is lodged
forregistration. Subsequently, an instrument
releasing a mortgage of the lot(instrument 2) is lodged for
registration. However, the registrar hasgiventhepersonwholodgedinstrument1arequisitionrelatingtoinstrument 1, and instrument 1 can not
yet be registered. The registrarcould register
instrument2 even thoughinstrument1 has notbeenregistered.178Priority of registered instruments(1)Registered instruments have priority
according to when eachof them was lodged and not according
to when each of themwas executed.(2)An
instrument is taken to be lodged on the date and at the timeendorsedontheinstrumentbytheregistrarasthedateandtime
of the lodgement unless the contrary is proved.(3)Subsection (1)isnotaffectedbyactual,impliedorconstructive notice.179Evidentiary effect of recording
particulars in the freeholdland registerIn all
proceedings, the particulars of a registered instrumentrecorded in the freehold land register are
conclusive evidenceof—(a)the registration
of the instrument; andCurrent as at [Not applicable]Page
149
Land
Title Act 1994Part 9 Registration of instruments and its
effect[s 180](b)the
contents of the instrument; and(c)all
terms stated or implied in it by this or another Act;and(d)when the
instrument was lodged and registered.Notauthorised—indicativeonlyDivision 2Consequences of
registrationSubdivision AGeneral180Benefits of registrationThe
benefits of this division apply to an instrument whether ornot
valuable consideration has been given.181Interest in a lot not transferred or created
untilregistrationAn instrument
does not transfer or create an interest in a lot atlaw
until it is registered.182Effect of
registration on interestOn registration of an instrument that
is expressed to transferor create an interest in a lot, the
interest—(a)istransferredorcreatedinaccordancewiththeinstrument; and(b)is
registered; and(c)vestsinthepersonidentifiedintheinstrumentastheperson entitled to the
interest.183Right to have interest
registeredA person to whom an interest is to be
transferred or in whoman interest has been created has a
right to have the instrumenttransferring or
creating the interest registered if—Page 150Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 9 Registration of instruments and its
effect[s 184](a)the
instrument has been executed; and(b)thepersonlodgestheinstrumentandanydocumentsrequiredbytheregistrartoeffectregistrationoftheinstrument; and(c)thepersonhasotherwisecompliedwiththisActinrelation to the
registration of the instrument.Subdivision
BIndefeasibility184Quality of registered interests(1)A registered proprietor of an interest
in a lot holds the interestsubject to
registered interests affecting the lot but free from allother interests.(2)In
particular, the registered proprietor—(a)isnotaffectedbyactualorconstructivenoticeofanunregistered
interest affecting the lot; and(b)is
liable to a proceeding for possession of the lot or aninterest in the lot only if the proceeding
is brought bythe registered proprietor of an interest
affecting the lot.(3)However, subsections (1) and (2) do
not apply—(a)to an interest mentioned in section
185; or(b)iftherehasbeenfraudbytheregisteredproprietor,whether or not
there has been fraud by a person from orthrough whom the
registered proprietor has derived theregistered
interest.185Exceptions to s 184(1)A registered proprietor of a lot does
not obtain the benefit ofsection 184 for the following
interests in relation to the lot—(a)anequityarisingfromtheactoftheregisteredproprietor;(b)the
interest of a lessee under a short lease;Current as at
[Not applicable]Page 151
Land
Title Act 1994Part 9 Registration of instruments and its
effect[s 185]Notauthorised—indicativeonlyPage 152(c)theinterestofapersonentitledtothebenefitofaneasementifitsparticularshavebeenomittedfrom,ormisdescribed in, the freehold land
register;(d)the interest of a person who, on
application, would beentitled to be registered as owner of
the lot because theperson is an adverse possessor;(e)theinterestofanotherregisteredproprietormakingavalid claim under an earlier existing
indefeasible title forall or part of the lot;(f)theinterestofanotherregisteredownerifthereare2indefeasible titles for the same
interest in the lot and theinconsistencyhasarisenthroughfailureontransfertocancel, wholly or partly, the indefeasible
title of the firstregistered owner;(g)theinterestofanotherregisteredproprietorifthelotdescribed in the
indefeasible title wrongly includes landin which the
other registered proprietor has an interest;(h)theinterestofapetroleumauthorityholderunderthePetroleumandGas(ProductionandSafety)Act2004under an access
agreement under that Act that—(i)was
made before the registered proprietor becamethe registered
proprietor of the lot; and(ii)under that Act,
binds the registered proprietor;(i)theinterestofaGHGauthorityholderundertheGreenhouseGasStorageAct2009underanaccessagreement under
that Act that—(i)was made before the registered
proprietor becamethe registered proprietor of the lot;
and(ii)under that Act,
binds the registered proprietor;(j)theinterestofageothermaltenureholderundertheGeothermal Energy Act 2010under an access agreementunder that Act that—(i)was
made before the registered proprietor becamethe registered
proprietor of the lot; andCurrent as at [Not
applicable]
Land
Title Act 1994Part 9 Registration of instruments and its
effect[s 185]Notauthorised—indicativeonly(ii)under that Act,
binds the registered proprietor.Note—For
when an access agreement mentioned in paragraph (h), (i) or
(j)binds the registered proprietor, see the
following—•for thePetroleum and
Gas (Production and Safety) Act 2004—sections 507 and 509 of that Act•for theGreenhouse Gas
Storage Act 2009—sections 292 and 294of that
Act•for theGeothermal
Energy Act 2010—sections 225 and 226 of thatAct.(1A)A
registered proprietor of a lot (therelevant
mortgagee) whois recorded in
the freehold land register as a mortgagee of thelotoraninterestinthelotdoesnotobtainthebenefitofsection 184 for the relevant mortgagee’s
interest as mortgageeif—(a)the
relevant mortgagee—(i)inrelationtotheinstrumentofmortgageoramendmentofmortgage,failedtocomplywithsection 11A(2); or(ii)inrelationtoatransferoftheinstrumentofmortgage,failedtocomplywithsection 11B(2);and(b)the person who was the mortgagor under
the instrumentofmortgageoramendmentofmortgagewasnotthepersonwhowas,orwhowasabouttobecome,theregistered proprietor of the lot or the
interest in a lot forwhich the instrument was
registered.(1B)For subsection
(1A)(b), a person was the mortgagor under aninstrumentofmortgageoramendmentofmortgageiftheperson executed the instrument as
mortgagor, including, if theinstrument is an
electronic conveyancing document, through asubscriberdigitallysigningtheinstrumentundertheElectronic Conveyancing National Law
(Queensland).(1C)Also,forsubsection (1A)(b),apersonwasthemortgagorunder an
instrument of mortgage or amendment of mortgageif the
instrument is an electronic conveyancing document andCurrent as at [Not applicable]Page
153
Land
Title Act 1994Part 9 Registration of instruments and its
effect[s 185]Notauthorised—indicativeonlythe person signed, as mortgagor, a
document that under theparticipationrulesundertheElectronicConveyancingNational Law
(Queensland)—(a)wasrequiredasasupportingdocumentfortheinstrument of
mortgage or amendment of mortgage; and(b)wasrequiredtobekeptbytheoriginalmortgageementioned in section 11A(2).(2)Theinterestofthelesseeundersubsection
(1)(b)doesnotinclude—(a)a
right to acquire the fee simple or other reversionaryinterest on or after ending of the short
lease; or(b)arighttoreneworextendthetermoftheshortleasebeyond 3 years from the beginning of the
original term.(3)Forsubsection
(1)(c),theparticularsofaneasement(theeasement particulars) are taken to
have been omitted from thefreehold land register only if—(a)the easement was in existence when the
lot burdened byit was first registered, but the easement
particulars havenever been recorded in the freehold land
register againstthe lot; or(b)the
easement particulars have previously been recordedin
the freehold land register, but the current particularsin
the freehold land register about the lot do not includetheeasementparticulars,otherthanbecausetheeasement has been extinguished in
relation to the lot; or(c)theinstrumentprovidingfortheeasementwaslodgedfor registration
but, because of an error of the registrar,has never been
registered.(4)Subsection (3) applies whether or not
the lot has at any timebeen transferred or otherwise dealt
with.(5)Ifanissuearisesinaproceedingastowhetherapersonregisteredasamortgageedoesnotobtainthebenefitofsection 184 because of subsection (1A),
proof that the personcomplied with section 11A(2) or 11B(2)
rests on the person.Page 154Current as at
[Not applicable]
Land
Title Act 1994Part 9 Registration of instruments and its
effect[s 186](6)In
subsection (3)(b)—extinguishedincludes
surrendered.Notauthorised—indicativeonly186Action to correct wrong inclusion of a
lot(1)If the registrar is satisfied that
section 185(1)(g) applies to anindefeasibletitle,theregistrarmaycorrecttheindefeasibletitle.(2)A person affected by the correction
may apply to the SupremeCourt for an order that the correction
be amended or set aside.(3)The application
must be made within 1 month after the personreceives written
notice of the correction.187Orders by Supreme
Court about fraud and competinginterests(1)Iftherehasbeenfraudbytheregisteredproprietororsection 185(1)(c),(d),(e),(f)or(g)or(1A)applies,theSupreme Court may make the order it
considers just.(2)Without limiting subsection (1), the
Supreme Court may, byorder, direct the registrar—(a)tocancelorcorrecttheindefeasibletitleorotherparticulars in
the freehold land register; or(b)to
cancel, correct, execute or register an instrument; or(c)to create a new indefeasible title;
or(d)to issue a new instrument; or(e)to do anything else.Subdivision CCompensation188Compensation for deprivation of lot or
interest in lot(1)This section applies if a person
(theclaimant) is deprived of
alot, or an interest in a lot, because
of—Current as at [Not applicable]Page
155
Notauthorised—indicativeonlyLand Title Act 1994Part 9
Registration of instruments and its effect[s 188A](a)the fraud of another person; or(b)the incorrect creation of an
indefeasible title in the nameof another
person; or(c)incorrect registration; or(d)an error in an indefeasible title or
in the freehold landregister; or(e)tampering with the freehold land register;
or(f)loss,destructionorimproperuseofadocumentdeposited or lodged at the land registry or
held by theland registry for safe custody; or(g)anomission,mistake,breachofduty,negligenceormisfeasance of or by the registrar or a
member of thestaff in the land registry; or(h)the exercise by the registrar of a
power in relation to anapplicationordealingwithwhichthepersonhadnoconnection.(2)The
claimant is entitled to compensation from the State for thedeprivation.188ACompensation for loss or damage(1)This section applies if a person
(theclaimant) suffers loss
ordamage because of—(a)the
incorrect creation of an indefeasible title in the nameof
another person; or(b)incorrect registration; or(c)an error in an indefeasible title or
in the freehold landregister; or(d)relianceontheincorrectstateofthefreeholdlandregister;
or(e)loss,destructionorimproperuseofadocumentdeposited or lodged at the land registry or
held by theland registry for safe custody; orPage
156Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 9 Registration of instruments and its
effect[s 188AA](f)omission,mistake,breachofduty,negligenceormisfeasance of or by the registrar or a
member of thestaff of the land registry; or(g)the exercise by the registrar of a
power in relation to anapplicationordealingwithwhichthepersonhadnoconnection.(2)The
claimant is entitled to compensation from the State for theloss
or damage.(3)Despite anything in subsection (1) or
(2), the claimant is notentitled to compensation under this
section for loss or damagecaused by the incorrectness of a
register kept by the registrarif the registrar
may correct the register under section 15.(4)Subsection (3)doesnotlimittheclaimant’srightstocompensation otherwise than under
subsections (1) and (2).188AA Compensation for which claim may
not be made(1)Thecompensationtowhichaclaimantisentitledundersection 188or188Adoesnotincludecompensationforpersonal injury.(2)In
subsection (1)—personalinjuryincludeslossofincome,includinglossofincomeclaimedtoarisefrompersonalinjury,andpsychological and psychiatric
injury.188BOrder by Supreme Court about
deprivation, loss ordamage(1)Forsection 188or188A,aclaimantmayapplytotheSupreme Court for an order—(a)for compensation to be paid by the
State; or(b)directing the registrar to take stated
action.(2)The court may make the order it
considers just.(3)Without limiting subsection (2), the
court may by order directthe registrar to—Current as at
[Not applicable]Page 157
Notauthorised—indicativeonlyLand Title Act 1994Part 9
Registration of instruments and its effect[s 188C](a)cancel or correct an indefeasible
title or other particularsin the freehold land register;
or(b)create a new indefeasible title;
or(c)issue a new instrument; or(d)do anything else.(4)The
court may join any other person it considers appropriatein a
proceeding under this section.188CTime
limit for claimA person applying to the Supreme Court under
section 188Bfor compensation under section 188 or 188A
must make theapplication—(a)within12yearsafterthepersonbecomesaware,oroughtreasonablytohavebecomeaware,ofthecircumstancesgivingrisetotheentitlementtocompensation; or(b)within a longer period the court considers
just.188DNo right of subrogation for
insurers(1)An insurer can not be subrogated to
another person in relationto the other person’s entitlement to
claim compensation undersection 188 or 188A.(2)In this section—insurermeans a person who carries on an insurance
businesswithin the meaning of theInsurance Act 1973(Cwlth).189Matters for which there is no
entitlement tocompensation(1)A
person is not entitled to compensation from the State fordeprivation, loss or damage—(a)because of a breach of a trust or
fiduciary duty (whetherexpress, implied or constructive)
including a breach ofPage 158Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 9 Registration of instruments and its
effect[s 189]dutyarisingintheadministrationoftheestateofadeceased person; or(ab)if the
deprivation, loss or damage can fairly be attributedtotheperson’sfailure,asoriginalmortgageeundersection
11A,orasmortgagetransfereeundersection 11B,totakethestepsrequiredundersection 11A(2)
or 11B(2); or(b)if the person, a person acting as
agent for the person, oran indemnified legal practitioner
acting or purporting toact for the person, caused or
substantially contributed tothedeprivation,lossordamagebyfraud,neglectorwilfuldefault,including,forexample,failuretotakereasonable steps
in response to a notice that the registrarintendedtocreateanewindefeasibletitlefortherelevant lot;
or(d)suffered by a corporation through the
improper use of itssealorbyanactofanauthorisedsignatoryofthecorporation who
exceeds the signatory’s authority; or(e)caused when the registrar corrected an
indefeasible titlethatmistakenlyincludedtheperson’sland,unlessthepersonsufferedlossordamageundersection 188A(1)(d); or(f)because of an error in the location of a
lot’s boundariesor in a lot’s area; or(g)becauseofanexcessorshortageinareaofalotaccording to a
plan lodged in the land registry; or(h)if
the loss, damage or deprivation arises out of a matteraboutwhichtheregistrarisbyanActorlaw,eitherexpresslyorbynecessaryimplication,excusedfrominquiring;
or(i)because of the registrar’s lodgement
or continuation of acaveat prepared and registered under
section 17; or(j)because the particulars of an easement
over a lot havebeen omitted from the freehold land
register; orCurrent as at [Not applicable]Page
159
Notauthorised—indicativeonlyLand Title Act 1994Part 9
Registration of instruments and its effect[s 189A](k)becauseofthemisdescriptionoftheparticularsofaneasement in the freehold land
register; or(l)because of the recording or keeping of
information oranything else under section 28(2), 29 or 34,
if—(i)theinformationorthing,asrecordedorkept,isincorrect; and(ii)the
information or thing was given to the registrarfor recording or
keeping by another entity; and(iii)the
incorrectness was not because of an error of theregistrar in the recording or
keeping.(1A)A failure to
obtain a certificate of title for a lot may not betakenintoaccountinconsideringwhether,undersubsection
(1)(b), a person, or a person acting as agent for theperson,oranindemnifiedlegalpractitioneractingorpurportingtoactfortheperson,causedorsubstantiallycontributed to
the deprivation of the lot or an interest in thelot.(1B)Section 185(3), (4) and (6) applies for
subsection (1)(j) in thesame way it applies for section
185(1)(c).(2)In this section—certificate of
titlemeans a certificate of title issued under
thisActbeforethecommencementoftheLand,ExplosivesandOther Legislation Amendment Act 2018, part
9, division 3.indemnifiedlegalpractitionermeansalegalpractitionercoveredbyindemnityinsurance(howeverdescribed)undertheLegal Profession Act 2007or a
law of another jurisdictionthat corresponds
to the provisions about indemnity insuranceunder that
Act.189ALimit on amounts recoverable by
mortgagee(1)This section applies if—(a)aperson(themortgagee)isrecordedinthefreeholdland
register as a mortgagee of a lot, or an interest in alot,
under an instrument of mortgage; andPage 160Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 9 Registration of instruments and its
effect[s 189A](b)the
execution of the instrument of mortgage involved, orwasassociatedwith,fraudagainstaperson(thedefrauded person) who is or was
a registered proprietorof the lot; andExamples—1A person engages in fraud by executing
the instrument ofmortgage, pretending to be the registered
proprietor.2A person executes the instrument of
mortgage as registeredproprietor, having first engaged in
fraud by executing aninstrumentoftransfer,pretendingtobetheregisteredproprietor.(c)the
mortgagee is entitled to—(i)if the lot or
interest is sold—any proceeds of thesale; or(ii)payment of an
amount under the mortgage, if themortgage is
otherwise discharged; and(d)if the position
of the defrauded person in relation to thelot or interest
is not otherwise rectified, the defraudedpersonwillbeentitledtocompensationundersection 188 for deprivation of the lot or
interest.(2)Subsections (3) and (4)—(a)apply to limit the interest and costs
components of theproceedsofsaleoranamountthatthemortgageeisentitled to under the mortgage; and(b)apply despite anything to the contrary
in the instrumentof mortgage (including any associated
document).(3)The rate of interest to be applied for
calculating the interestcomponent for any particular day for
which the instrument ofmortgage was in effect must not
exceed—(a)if the rate of interest provided for
under the instrumentofmortgageforthedayislessthanorequaltotheofficialcashrateforthedayplus2%—therateofinterest provided for under the
instrument; orCurrent as at [Not applicable]Page
161
Notauthorised—indicativeonlyLand Title Act 1994Part 9
Registration of instruments and its effect[s 190](b)if the rate of interest provided for
under the instrumentof mortgage for the day is greater
than the official cashrate for the day plus 2%—the total of
the following—(i)the official cash rate for the
day;(ii)2%.(4)The costs component must be limited to
the costs incurred bythe mortgagee in directly protecting
the mortgagee’s interestas mortgagee of the lot or the
interest in a lot, to the extent thecosts were
reasonably incurred.Examplesofcostsincurredindirectlyprotectingthemortgagee’sinterest—insurance premiums, rates, land taxesExamplesofcostsnotincurredindirectlyprotectingthemortgagee’sinterest—costs of entry into possession, costs of
exercising power of sale(5)In this
section—costscomponentmeanscostsincurredbythemortgageeinrelation to the mortgage.officialcashrate,foraday,meanstheReserveBankofAustralia’s official cash rate for the
day.190State’s right of subrogation(1)On payment of any compensation under
section 188 or 188A,the State is subrogated to the rights
of the claimant against anyotherperson,inrelationtothedeprivation,lossordamageunder the
section.(2)IftheState,inexercisingitsrightsundersubsection (1),receives an
amount that is more than the amount it paid to theclaimant,theStatemustpaythedifferencetotheclaimantafter deduction
of the State’s costs.Page 162Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
10LiensLand Title Act
1994Part 10 Liens[s 191]191Vendor does not have equitable
lienA vendor of a lot does not have an equitable
lien on the lotbecauseofthepurchaser’sfailuretopayallorpartofthepurchase price for the lot.Part
11Miscellaneous192Words
and expressions used in instruments under Act(1)Words and expressions used in instruments
made or executedunder this Act and also in this Act have the
same respectivemeanings in the instruments as they have in
this Act.(2)Theapplicationofsubsection (1)toaninstrumentmaybedisplaced, wholly or partly, by a
contrary intention appearingin the
instrument.193Protection from liability(1)This section applies to the registrar
and land registry staff.(2)A person to whom
this section applies is not civilly liable foranactoromissiondonehonestlyandwithoutnegligenceunder this
Act.(3)If subsection (2) prevents civil
liability attaching to a person,the liability
attaches instead to the State.194Chief
executive may approve formsThe chief
executive may approve forms for use under this Act.Current as at [Not applicable]Page
163
Land
Title Act 1994Part 11 Miscellaneous[s 195]195Reference to instrument is reference
to instrumentcompleted in appropriate formIn
this Act, a reference to a particular type of instrument is
areference to the instrument completed in the
appropriate form.Notauthorised—indicativeonly196References in
instruments to a person with an interest ina lot includes
personal representatives etc.(1)In
an instrument made or executed under this Act, a referencetoapersonasproprietor,transferor,transferee,mortgagor,mortgagee,
lessor, lessee, trustee or as having an interest in alotincludesareferencetotheperson’spersonalrepresentatives, successors and
assigns.(2)The application of this section may be
displaced, wholly orpartly, by a contrary intention
appearing in the instrument.196APublication of particular public notices on
department’swebsite(1)This
section applies if an official is required under this Act togive
a public notice, unless the notice is a gazette notice.(2)This section applies even if this Act
provides for a particularway in which the notice must be
given.(3)Theofficialmustpublishthenoticeonthedepartment’swebsite for a
total of at least 10 business days.(4)The10businessdaysmaybe,butneednotnecessarilybe,consecutive.(5)Subsection (3) does not prevent the official
from also givingthe notice in another way the official
considers appropriate.(6)In deciding to
give the notice in another way, the official mustconsider the intended audience for the
notice.(7)In this section—give,
for a notice, includes advertising it.noticeincludes an advertisement.officialmeans—Page
164Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 11 Miscellaneous[s 197](a)the chief executive; or(b)the registrar; or(c)apersonperformingfunctionsorexercisingpowersunder this Act for the chief executive or
the registrar.publicnoticemeansanoticeofapublicnaturethatisnotrequired only to be given, or only
intended for, a particularperson or group of persons.197Service(1)A
notice required or permitted to be served on a person underthis
Act (aland title notice) may be served
on the person’sagent.(2)Subsection(1)doesnotapplytoanoticerequiredorpermitted to be served on a caveator
under part 7, division 2.Note—See section 131
in relation to the service of notices on a caveator.(3)The Supreme Court may order that a
land title notice requiredor permitted to be served on a person
under this Act be servedin the way directed by the Supreme
Court.(4)The Supreme Court may make an order
under subsection (3)if, for example, the person—(a)is not known; or(b)can
not be found and has no known agent; or(c)is
dead and has no personal representative.(5)The
Supreme Court may dispense with service of a land titlenotice if it is satisfied that it is
appropriate to dispense withservice of the
notice.198Delivery of paper documents(1)This section applies if the registrar
is required or permitted toreturn—Current as at [Not applicable]Page
165
Notauthorised—indicativeonlyLand Title Act 1994Part 11
Miscellaneous[s 198A](a)a
document that has been lodged or deposited in paperform; or(b)a
document in paper form that is a representation of anelectronic conveyancing document.(2)The registrar may return the document
by leaving it at a placedesignated for the purpose in the land
registry.198ASupply of statistical data(1)The registrar may enter into an
agreement to supply statisticaldata derived
from instruments or information kept in the landregistry.(2)If
the registrar supplies statistical data under subsection
(1)—(a)the fees and charges applying for the
supply of the dataare the fees and charges agreed to in the
agreement; and(b)without limiting paragraph (a), the
agreement may alsostate—(i)how
the fees and charges are to be calculated; and(ii)how
payment of the fees and charges is to be made.(3)Without limiting subsection (1), an
agreement for the supplyof statistical data may limit the use
to which the data suppliedmay be put.(4)An
agreement for the supply of statistical data must include—(a)a provision allowing the registrar to
exclude particularsfrom data supplied under the agreement, if
the registraris satisfied, on reasonable grounds, that
inclusion of theparticularsmayresultintheparticularsbeinginappropriately disclosed or used;
and(b)a provision allowing the registrar to
prohibit disclosure,or to limit distribution or use, of
data supplied under theagreement.(5)AnagreementunderthissectionmustnotprovidefortheobtainingofinformationoranythingelsethatmaybePage 166Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 11 Miscellaneous[s 199]obtainedunderasearchundersection 35,otherthansection
35(1)(a)(iv).(6)Theregistrarmustexcludelandparticularsandpersonalinformation from
data supplied under the agreement.(7)Subsection (6) applies despite anything in
the agreement.(8)In this section—landparticularsmeansparticularsfromanyinstrumentorinformation kept by the registrar that may
allow a person toidentify a lot to which the instrument or
information relates.personal informationmeans a particular from any
instrumentor information kept by the registrar that
may allow a person toidentifyapersontowhomtheinstrumentorinformationrelates.199Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may be made about the
following matters—(a)the requirements for lodging and
depositing instrumentsand other documents;(b)fees, to be paid in relation
to—(i)thelodgementandregistrationofinstrumentsinthe
land registry; or(ii)the provision of
other services by the registrar;(c)how
fees are to be paid and may be recovered, includingthe
provision of credit facilities to persons approved bythe
registrar;(d)the size, type and quality of paper on
which a form maybe printed;(e)thesizeandnatureofthetypetobeusedinboththeprinting and completion of a form;Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyLand Title Act 1994Part 12 Savings
and transitional provisions[s 200](f)theinkorothersubstancetobeusedforprintingorcompleting a form;(g)additional information to be supplied with a
form;(h)transitional arrangements if a new
form is approved;(i)the execution of instruments;(j)requirements for particular formats of
plans of survey;(k)anything else about a form or
instrument;(l)recording of a community management
statement.(3)Without limiting subsection (2)(a), a
regulation may requirethefollowingtobelodgedordepositedusinganElectronicLodgment
Network—(a)instruments or other documents of a
stated class;(b)instruments or other documents lodged
or deposited bya person of a stated class.(4)A regulation may create offences and
prescribe penalties ofnot more than 5 penalty units for the
offences.(5)In this section—Electronic
Lodgment Networkhas the meaning given by theElectronic Conveyancing National Law
(Queensland), section13.Part 12Savings and transitionalprovisionsDivision 1Savings and transitional provisionsfor
Act No. 11 of 1994200Things made under repealed Acts(1)In this section—Page 168Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 12 Savings and transitional
provisions[s 201]doneincludesissued,recorded,entered,kept,granted,declared, registered, lodged, deposited,
produced, transferred,created, served, given, acquired,
required, executed, removed,noted, sealed,
imprinted, witnessed, advertised and anythingelse prescribed
by regulation for this definition.(2)EverythingdoneunderanActrepealedbythisAct,isaseffective as if
it had been done under this Act.Editor’s
note—The Acts repealed by this Act included the
following—•Real Property Act 1861•Real Property Act 1877•Real Property (Commonwealth Titles)
Act 1924•Real Property (Commonwealth Defence
Notification) Act 1929.201Interests and certificates of title under
repealed Acts(1)On the commencement of this
section—(a)eachinterestinfreeholdlandheldbyapersonimmediatelybeforethecommencement,andrecordedunderanActrepealedbythisAct,istakentobeaninterest held by
the person in the freehold land register;and(b)eachcertificateoftitle,duplicatecertificateoftitleordeed
of grant (other than a deed of grant prescribed byregulation)issuedunderanActrepealedbythisActbefore the commencement is taken to be a
certificate oftitle issued under this Act.(2)Theregistrarmustdoeverythingnecessaryordesirabletoensurethattheparticularsofeachinterestmentionedinsubsection (1)arefullyandaccuratelyrecordedinthefreehold land
register.203Effect of repeal by this ActThe
repeal of the following sections is limited in the followingway—Current as at
[Not applicable]Page 169
Notauthorised—indicativeonlyLand Title Act 1994Part 12 Savings
and transitional provisions[s 204](a)theRealPropertyAct1877,section 11continuestoapply to a lease granted before this
Act commenced;(b)theReal Property
Acts and Other Acts Amendment Act1986,section 5continuestoapplytoabillofencumbrance and memorandum of
transfer-and-chargeregistered or executed before this Act
commenced;(c)theRealPropertyAct1861,sections 126to129andsection
135continuetoapplytoclaimsforcompensation for—(i)deprivation of an interest in a lot;
and(ii)loss or damage
caused by an error, breach of dutyor wrongdoing by
the registrar;that happened before this Act
commenced;(d)theReal Property
Act 1861, section 119A continues toapply to plans mentioned in section 83A of
this Act thatwere lodged or registered before this Act
commenced.204Registration of instrument lodged
before commencementof this Act(1)If—(a)aninstrumentislodgedbeforethecommencementofthis
Act, but is not registered before the commencement;and(b)the registrar
had power to register the instrument when itwas
lodged;theregistrarmayregistertheinstrumentafterthecommencement of this Act.(2)Whenregisteringaninstrumentundersubsection (1),theregistrar must exercise the powers the
registrar had at the timewhen the instrument was lodged.Page
170Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 12 Savings and transitional
provisions[s 205]205Reference to registrar-general etc.(1)A reference to the registrar-general
or master of titles in anAct or document about the registration
of instruments underan Act repealed by this Act is taken
to be a reference to theregistrar.(2)Subsection (1)doesnotaffecttheapplicationoftheActsInterpretation
Act 1954, section 14H.(3)Theapplicationofsubsection (1)toareferenceisnotdisplaced, wholly or partly, merely
because the reference isaccompanied by a reference to an Act
repealed by this Act, ora provision of an Act repealed by this
Act, as amended fromtime to time or as in force at a
particular time.206References to office of registrar of
titlesAreferenceinanyActordocumenttotheofficeoftheregistraroftitles(eitherinthosewordsorinwordstothesame effect) is
taken to be a reference to the land registry.207Reference to Act repealed by this ActIn
an Act or document, a reference to an Act repealed by thisAct,
or to a group of Acts repealed by this Act (whether or notas
the ‘Real Property Acts’), is taken to be a reference to
thisAct.Division 2Transitional provision for Act No. 57of
1995208References to registrar of
dealingsIn an Act or document, a reference to the
registrar of dealingsmay, if the context permits, be taken
to be a reference to theregistrar of titles.Current as at [Not applicable]Page
171
Notauthorised—indicativeonlyLand Title Act 1994Part 12 Savings
and transitional provisions[s 209]Division 3Transitional
provision forGuardianship and AdministrationAct
2000209Authorisation under repealed s 136
continues for 1 yearAnauthorisationundersection 136thatisinforceimmediately before the repeal of the section
continues to haveeffect for 1 year after the repeal as if the
section had not beenrepealed.Division 4Transitional provision for the LegalProfession Act 2004210Continuation of particular exclusion of
entitlement unders 189(1)This
section applies to conduct that, apart from the repeal oftheQueenslandLawSocietyAct1952,section 24A(therepealedsection),wouldconstituteunlawfulconductinrelationtoanexcludedmortgage,asmentionedintherepealed section.(2)Despite the repeal, the repealed section and
section 189(1)(c)continue to have effect to exclude conduct
happening on orafter 16 May 1996 or after the commencement
of this section,that would have constituted unlawful conduct
in relation to anexcluded mortgage under the repealed section
had that sectionnot been repealed.Page 172Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 5Land Title Act
1994Part 12 Savings and transitional
provisions[s 211]Transitional
provision for NaturalResources and Other LegislationAmendment Act 2010211Continuing application of no compensation
provision(1)The repealed section 191F continues to
apply after the repealof part 10A in relation to the
operation of that part.(2)In this
section—repealedsection
191Fmeanssection
191Fasinforceimmediately before the commencement of this
section.Division 6Transitional
provision for Land andOther Legislation Amendment Act2017212Existing
settlement noticesThis Act as in force before the commencement
continues toapply in relation to a settlement notice
that was deposited andhadnotlapsedorbeencancelledorwithdrawnbeforethecommencement.Current as at
[Not applicable]Page 173
Land
Title Act 1994Part 12 Savings and transitional
provisions[s 213]Division 7Transitional provisions for Land,Explosives and Other LegislationAmendment Act 2018Notauthorised—indicativeonlySubdivision 1Registered
building managementstatements213Application of s 54D(3)Section 54D(3)
applies to a registered building managementstatement
whether the statement was registered before or afterthe
commencement.Subdivision 2Certificates of
title214Definition for subdivisionIn
this subdivision—certificate of titlemeans a
certificate of title issued under thisAct before the
commencement.215Certificates of title cease to be
instruments(1)On the commencement, a certificate of
title—(a)ceases to be an instrument under this
Act; and(b)ceasestobeevidence,conclusiveorotherwise,oftheindefeasible title for the lot for
which it was issued.(2)To remove any
doubt, it is declared that subsection (1) doesnot
affect—(a)the indefeasible title for the lot for
which the certificateof title was issued; or(b)anyinterestinthelotforwhichthecertificateoftitlewas
issued.Page 174Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Part 12 Savings and transitional
provisions[s 216]216Registration of particular instruments
lodged beforecommencement without certificate of
title(1)Thissectionappliestoaninstrumentlodgedbeforethecommencement if—(a)the
instrument could not be registered for a lot becausethe
certificate of title for the lot had not been returnedfor
cancellation as required under former section 154;and(b)immediatelybeforethecommencement,theinstrumenthad not been
rejected under section 157(1).(2)The
instrument may be registered despite the noncompliancewith
former section 154.(3)In this section—former section
154means section 154 as in force from time
totime before the commencement.217Provisions of other Acts relating to
certificates of titleTo the extent a provision of another
Act requires or permits aperson to take an action in relation
to a certificate of title, theprovision is
taken, from the commencement, not to apply.Examples of an
action in relation to a certificate of title—deposit,give,inspect,produce,ordispensewithproductionofacertificate of titleCurrent as at [Not applicable]Page
175
Notauthorised—indicativeonlyLand Title Act 1994Schedule 1Schedule 1Witnesses to
instrumentssection 161Place of
execution of instrumentat any place in Australia or
outsideAustraliaat any place
outside AustraliaPersons who can witness execution•a notary public•a
justice of the peace•a commissioner
fordeclarations•a
lawyer•a licensed conveyancer fromanother State•another person approved bythe
registrar•a person prescribed byregulationPage 176Current as at [Not applicable]
Schedule 2DictionaryLand Title Act
1994Schedule 2Notauthorised—indicativeonlysection 4actiontorecoveralotincludesanactiontoredeemamortgage of the lot.adverse
possessorof a lot means a person—(a)against whom the time for bringing an action
to recoverthe lot has expired under theLimitation of Actions Act1974; and(b)who,apartfromthisAct,isentitledtoremaininpossession of the lot.appropriate
form, for an instrument, means—(a)the form that is the approved form for
the instrument; or(b)if a form is approved or prescribed
for the instrumentunder another Act—that form; or(c)if the chief executive has given
consent for an electronicformoftheinstrumentundersection 156A(1)ortheElectronicTransactions(Queensland)Act2001—theelectronic form.approved
development schemesee theState
Development andPublic Works Organisation Act 1971,
schedule 2.approved formmeans—(a)foranelectronicconveyancingdocument—aformapprovedbytheregistrarundertheElectronicConveyancing
National Law (Queensland), section 7; or(b)otherwise—aformapprovedbythechiefexecutiveunder section 194 for use under this
Act.areaincludes the
volume of a lot on a volumetric format planof
subdivision.bankruptcyincludesaproceedingunderalawaboutbankruptcy, insolvency or the liquidation of
corporations.Current as at [Not applicable]Page
177
Land
Title Act 1994Schedule 2Notauthorised—indicativeonlyPage 178basic
schemesee section 115B(5).BCCMActmeanstheBodyCorporateandCommunityManagement Act
1997.body corporatesee BCCM Act,
schedule 6.buildingmeansafixedstructurethatiswhollyorpartlyenclosedbywallsandisroofed,andincludesapartofabuilding.building
formatsee section 48C.building format
lotmeans a lot on a building format plan
ofsurvey.building
management statementsee section 54A(2).canerailwayeasement,forpart6,division4,seesection 81A.carbonabatementinterest,forpart6,division4C,seesection 97N.carbonabatementproduct,forpart6,division4C,seesection 97N.carbonsequestration,forpart6,division4C,seesection 97N.caveatee,foralotoverwhichacaveathasbeenlodged,means—(a)a
registered proprietor of the lot; or(b)someone (other than the caveator) who has an
interest inthe lot.caveator,
for a lot over which a caveat has been lodged, meansa
person in whose favour the caveat is lodged.commissioner for
declarationssee theJustices of the
Peaceand Commissioners for Declarations Act
1991, section 3.common
propertysee section 115B(2)(b).communitymanagementstatementseetheBCCMAct,section
12.community titles schemesee section
115B(1).Current as at [Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Schedule 2contributionschedulelotentitlementseetheBCCMAct,section 46.copy,ofadocument,ifthedocumentisanelectronicconveyancing
document, means—(a)a representation of the document in
paper form; or(b)areproductionorrepresentationofthedocumentindigital form.correctincludes correct by addition, omission or
substitution.deedofgrantmeansaninstrumentevidencingthegrantofland
by the State.depositmeansfileinthelandregistryotherthanforregistration.Note—For
filing an electronic conveyancing document, see the
definitionfile.electroniccommunicationmeansacommunicationofinformation in the form of data, text or
images by guided orunguided electromagnetic energy.electronic conveyancing documentsee
section 14B.ElectronicConveyancingNationalLaw(Queensland)seetheElectronic Conveyancing National Law
(Queensland) Act2013, section
4.endorse, in relation to
endorsing information on a document,ifthedocumentisanelectronicconveyancingdocument,means record the information in electronic
form as part of thedocumentinsuchawaythatitisreasonabletoexpecttheinformation will be readily accessible as
part of the documentso as to be useable for subsequent
reference.enforcement warrantmeans—(a)an enforcement warrant under the Civil
Proceedings Act2011, section 90; or(b)anenforcementwarrantundertheStatePenaltiesEnforcement Act 1999, section
63(1)(a).Current as at [Not applicable]Page
179
Notauthorised—indicativeonlyLand Title Act 1994Schedule 2Editor’s note—Replacement of
the definitionenforcement warrantis an
uncommencedamendment—see 2017 No. 13 s 6.errorincludes an
error by omission.explanatory format plansee section
48E.extension request, for part 7A,
see section 141(1).feeincludes tax.file,adocument,ifthedocumentisanelectronicconveyancingdocument,meanslodgethedocumentelectronicallyundertheElectronicConveyancingNationalLaw
(Queensland), section 7.freehold land registermeans the freehold land register keptunder this Act.full supply
level, for part 6, division 4, see section
81A.high-density development easementsee
section 94.includedin,inthecontextoftheinclusionofalotinacommunity titles scheme, see section
115C(4).indefeasible titlesee sections 38
and 41B.instrumentincludes—(a)a deed of grant; and(b)a will, grant of representation, or
exemplification of awill, that may be used to deal with a
lot; and(c)a deed that relates to or may be used
to deal with a lot;and(d)a power of
attorney that may be used to deal with a lot;and(e)a request, application or other
document that deals witha lot and may be registered under this
Act; and(f)a map or plan of survey that may be
lodged; and(g)another document that may be
deposited; and(h)an electronic conveyancing
document.Page 180Current as at
[Not applicable]
Notauthorised—indicativeonlyLand
Title Act 1994Schedule 2interestschedulelotentitlementseetheBCCMAct,section 46.justiceofthepeaceseetheJusticesofthePeaceandCommissioners for Declarations Act
1991, section 3.lakeseetheSurveyandMappingInfrastructureAct2003,section 62.land
registrymeans the land registry kept under this
Act.lawyermeans an
Australian lawyer as defined under theLegalProfession Act 2007, section
5(1).layeredarrangementofcommunitytitlesschemesseesection 115C.legal
practitionermeans—(a)anAustralianlegalpractitionerasdefinedundertheLegal Profession Act 2007,
section 6(1); or(b)a government legal officer engaged in
government workasdefinedundertheLegalProfessionAct2007,section 12(1) and (2).lodgemeans file in the land registry for
registration.Note—For filing an
electronic conveyancing document, see the definitionfile.lotmeans a separate, distinct parcel of
land created on—(a)the registration of a plan of
subdivision; or(b)the recording of particulars of an
instrument;and includes a lot under theBuilding Units and Group TitlesAct
1980.MEDQmeans MEDQ under
theEconomic Development Act2012.mill owner, for part 6,
division 4, see section 81A.mortgageincludes a charge on a lot or an interest in
a lot forsecuring money or money’s worth.new
plan of subdivision, for part 10A, see section 191B.Current as at [Not applicable]Page
181
Notauthorised—indicativeonlyLand Title Act 1994Schedule 2non-tidalwatercoursemeansawatercourseinwhichthewater that flows is not subject to tidal
influence.note,inrelationtonotingparticularinformationonadocument,ifthedocumentisanelectronicconveyancingdocument, means
record the information in electronic form aspartofthedocumentinsuchawaythatitisreasonabletoexpect the information will be readily
accessible as part of thedocument so as to be useable for
subsequent reference.Planning Actmeans thePlanning Act 2016.plan
of subdivisionsee section 49.plan of
surveyincludes a plan that the registrar requires
theregistered proprietor of a lot to
lodge.principal schemesee section
115C(1)(a).priority development areameans a priority development areaunder theEconomic
Development Act 2012.priority
notice, for part 7A, see section 139(1).profit a prendreincludes a
profit a prendre under theForestryAct 1959,
section 61J.proprietorof a lot means a
person entitled to an interest in alot, whether or
not the person is in possession.Example—A
lessee or mortgagee of a lot is a proprietor of the lot.publicthoroughfareeasement,forpart6,division4,seesection 81A.public
thoroughfare easementsee section 81A.public use
landmeans land dedicated to public use by a
planof subdivision.public utility
easement, for part 6, division 4, see section
81A.public utility provider, for part 6,
division 4, see section 81A.registera
lot, interest, instrument or other thing means recordthe
particulars of the thing in the freehold land register.Page
182Current as at [Not applicable]
Land
Title Act 1994Schedule 2Notauthorised—indicativeonlyregisteredownerofalotmeansthepersonrecordedinthefreehold land
register as the person entitled to the fee simpleinterest in the lot.registered
proprietorof a lot means a person recorded in
thefreehold land register as a proprietor of
the lot.registrarmeans the
registrar of titles.related instrument, for part 7A,
see section 139(2)(d)(ii).relevantlocalgovernment,foraprovisionaboutalotorproposed lot,
means each local government in whose area thelot or proposed
lot is located.scheme landsee section
115B(1)(a).short leasemeans a
lease—(a)for a term of 3 years or less;
or(b)from year to year or a shorter
period.sketch planmeans a drawing
in an instrument of lease thatshows the leased
area and is not a plan of survey.standard
formatsee section 48B.standard format
lotmeans a lot on a standard format plan
ofsurvey.State
development areasee theState
Development and PublicWorks Organisation Act 1971,
schedule 2.subsidiary schemesee section
115C(3).termincludes
covenant and condition.termof a lease means
the period beginning when the lessee isfirst entitled
to possession of a lot or part of a lot under thelease and ending when the lessee is last
entitled to possession,even if the lease consists of 2 or
more discontinuous periods.time share
schememeans a scheme under which
participantsare to have exclusive possession of a lot or
part of a lot fordiscontinuous periods.utility
infrastructuresee the BCCM Act, schedule 6.utility servicesee the BCCM
Act, schedule 6.Current as at [Not applicable]Page
183
Notauthorised—indicativeonlyLand Title Act 1994Schedule 2volumetric formatsee section
48D.volumetric format lotmeans a lot on a
volumetric format planof survey.watercoursesee theSurveyandMappingInfrastructureAct2003, section
63.writ of executionmeans a writ or
warrant of execution afterjudgment in any court, and includes an
enforcement warrant.Page 184Current as at
[Not applicable]
