New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 195D

195D Signatures and consents

(1) The Registrar-General shall not register or record a plan lodged under this Division (other than a plan referred to in paragraph (b), (c) or (d) of the definition of "Registered plan" in section 7 (1)) which, if it were registered or recorded in the office of the Registrar-General, would become a current plan, or which bears a statement of intention:

(a) to dedicate specified land as a public road (including a temporary public road) under section 9 of the Roads Act 1993 ,

(b) to dedicate land as a public reserve or to set land aside as a drainage reserve under section 49 of the Local Government Act 1993 ,

(d) to create an easement, a profit à prendre, a restriction on the use of land or a positive covenant, or to release an easement or profit à prendre, as referred to in section 88B (2),

unless the separate document required to be lodged under section 195A with the plan is signed:

(e) where the plan relates to land under the provisions of the Real Property Act 1900 :

(i) by the registered proprietor of the land, and

(ii) by every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the folio of the Register kept under that Act relating to the land, or

(f) where the plan relates to land which is not under the provisions of that Act, by the persons who appear to the Registrar-General, on consideration of the last registered deed relating to the land and of such further evidence as may be tendered to the Registrar-General, to be:

(i) the owner of the land, and

(ii) a mortgagee, incumbrancee or covenant chargee of the land.

(2) Without limiting the effect of subsection (1), the Registrar-General may refuse to register or record a plan referred to in that subsection unless consents in writing to the registration or recording of the plan signed by (or by an agent authorised by) such of the following persons as the Registrar-General may determine:

(a) where the plan relates to land under the provisions of the Real Property Act 1900 :

(i) the lessee under any lease, or the judgment creditor under any writ, recorded in the folio of the Register kept under that Act relating to the land,

(ii) the caveator under a caveat affecting any estate or interest in that land, or

(b) where the plan relates to land which is not under the provisions of that Act, the persons who appear to the Registrar-General, on consideration of the last registered deed relating to the land and of such further evidence as may be tendered to the Registrar-General, to be:

(i) the lessee under any lease, or the judgment creditor under any writ, relating to that land, or

(ii) a person having or claiming any other estate or interest in that land,

are lodged in the office of the Registrar-General.

(3) However, the Registrar-General may, without giving notice to any person, dispense with the requirement for a person mentioned in subsection (1) to sign an approved form relating to a particular plan if the plan is lodged for registration or recording as referred to in subsection (1).

(3A) Without limiting the other provisions of this section, if a plan presented for lodgment under this Division purports to have been executed under a power of attorney, the Registrar-General may refuse:

(a) to accept the plan for lodgment, or

(b) to register or record the plan or take any other action in respect of it,

unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003 .

(4) Nothing in this section affects or prejudices the enforcement by any person of any remedy which the person may have because of the registration or recording of a plan without the signature or consent in writing of any person having an estate or interest in the land to which the plan relates.

(5) Where a remedy referred to in subsection (4) is an action in damages and:

(a) the person against whom the remedy may be available ceases to be liable for the payment of damages, or

(b) the person liable to pay damages has died, is bankrupt or insolvent or cannot be found within the jurisdiction,

damages with costs may be recovered from the Consolidated Fund by action against such person as the Governor may appoint as nominal defendant.