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CONVEYANCING LEGISLATION (NOTICE OF SALE)
AMENDMENT BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The State Land Information Council is a government agency formed to design and
develop the State Land Information System. The System is a computer system intended
to provide access to, and maintenance of, land-related information from all government
sources in New South Wales.
After settlement of a conveyancing transaction the vendor and purchaser (or
transferor and transferee) are required to give notice to various bodies (such as councils
and water supply authorities) of the change in ownership of the land. In order to
streamline those notice requirements, the purchaser or transferee will be able to give
notice to the Registrar-General when registering the instrument effecting the change in
ownership of the land. The State Land Information System will be used to distribute the
information in the notice to the relevant government agencies.
The object of this Bill is to amend certain legislation to enable a single notice to be
given when a change of ownership of land takes place instead of a number of notices at
present required to be given to different authorities.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 is a formal provision that gives effect to Schedule 1 containing
amendments to the Conveyancing Act 1919 and the Real Property Act 1900.
Clause 4 is a formal provision that gives effect to Schedule 2 containing
amendments to other Acts.
Clause 5 is a formal provision that gives effect to Schedule 3 containing
amendments to regulations.
Clause 6 contains savings and transitional provisions to the effect that:
An amendment made to the Conveyancing Act 1919 or the Real Property Act
1900 by Schedule 1 applies to instruments lodged with the Registrar-General for
registration after the commencement of the amendment.
The amendments in Schedule 3 to regulations do not prevent the
repeal or amendment of those regulations.
SCHEDULE 1--AMENDMENT OF CONVEYANCING ACT 1919 AND
REAL PROPERTY ACT 1900
Conveyancing Act 1919
The amendment to the Conveyancing Act 1919 enables the Registrar-General to
refuse to register in the General Register of Deeds an instrument vesting an estate or
interest in land if the instrument is not accompanied by a notice of sale or transfer of
land.
Real Property Act 1900
The amendment to the Real Property Act 1900 enables the Registrar-General to
refuse to register under that Act a dealing transferring or otherwise affecting an estate or
interest in land or an application to effect a change in the name of a registered proprietor
if the dealing or application is not accompanied by a notice of sale or transfer of land.
SCHEDULE 2--AMENDMENT OF OTHER ACTS
Schedule 2 amends the Local Government Act 1919 and the Valuation of Land Act 1916
to ensure that requirements under those Acts to notify various bodies of changes in the
ownership or occupancy of land will be satisfied when a notice of the sale or transfer of
land is lodged with the Registrar-General under the Conveyancing Act 1919 or the Real
Property Act 1900 within 1 month of the sale or transfer.
The Rural Lands Protection Act 1989 is amended to provide that the requirement for
a notice to be lodged with a rural lands protection board on a change of ownership of
land in the board's district is to be treated as being satisfied if a notice of sale or transfer
is lodged with the Registrar-General under the Conveyancing Act 1919 or the Real
Property Act 1900 within 1 month of the change in the ownership.
SCHEDULE 3--AMENDMENT OF REGULATIONS
Schedule 3 makes amendments to the Water Board (Finance) Regulation 1988 and the
Water Supply Authorities (Finance) Regulation 1987 to ensure that requirements under
those regulations to notify the Water Board or a water supply authority of changes in the
ownership or occupancy of land will be treated as being satisfied when a notice of the
sale or transfer of land is lodged with the Registrar-General under the Conveyancing Act
1919 or the Real Property Act 1900 within 1 month of the sale or transfer.