Property Legislation Amendment Bill
2005

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to make miscellaneous amendments to the law relating to
real property by amending the following Acts to achieve the aims described below:

(a) the Real Property Act 1900 so as:

        (i) to require the boundaries of land to be adequately defined before an
ordinary folio of the Register kept under that Act (the Register) is
created for the land instead of a qualified folio, and
        (ii) to require the Registrar-General to have regard to a survey report and an
identification survey before cancelling a caution on a qualified folio
after receipt of an official title search under the Conveyancing Act 1919,
and
        (iii) to authorise the Registrar-General to record a note in a folio of the
Register indicating that land has the benefit of a permit to enclose a road
or watercourse, or a licence authorising the use or occupation of Crown
land, granted under the Crown Lands Act 1989, or a permissive
occupancy granted over Crown land, and
        (iv) to allow the creation of easements, profits à prendre and restrictions on
the use of land that will only affect land subject to the provisions of the
Real Property Act 1900 (otherwise than by the registration of an
instrument under section 88B of the Conveyancing Act 1919) where the
same person will be the proprietor of the parcels burdened and benefited
by them,
        (v) to provide for the registration in the Register of dealings affecting a
common law lease that is recorded as an encumbrance in the Register,

(b) the Conveyancing Act 1919 so as to remove a reference to a “general order”
setting costs that is no longer provided for by that Act and omit an amendment
to another Act that has already taken effect,

(c) the Strata Schemes (Freehold Development) Act 1973 and Strata Schemes
(Leasehold Development) Act 1986 to make it clear that a by-law cannot be
made under either of those Acts allowing the proprietors in a strata scheme to
avoid any of their responsibilities under a strata management statement,

(d) the Local Government Act 1993 to provide for the dedication and vesting in a
council of land as a council public reserve, and the vesting in a council of land
as a drainage reserve, on registration of a transfer or conveyance of the land to
the council for that purpose (as may presently be effected by the registration
of a plan of subdivision that identifies land as a “public reserve” or “drainage
reserve”).

The Bill also makes some minor amendments to the Real Property Act 1900 that are
consequential on other amendments described above, repeals an archaic and
redundant provision (section 99 of that Act) and makes other minor amendments by
way of statute law revision.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Real
Property Act 1900 set out in Schedule 1 and described above in the Overview.

Clause 4 is a formal provision that gives effect to the amendments to the
Conveyancing Act 1919 set out in Schedule 2 and described above in the Overview.

Clause 5 is a formal provision that gives effect to the amendments to the Strata
Schemes (Freehold Development) Act 1973 set out in Schedule 3 and described
above in the Overview.

Clause 6 is a formal provision that gives effect to the amendments to the Strata
Schemes (Leasehold Development) Act 1986 set out in Schedule 4 and described
above in the Overview.

Clause 7 is a formal provision that gives effect to the amendments to the Local
Government Act 1993 set out in Schedule 5 and described above in the Overview.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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