CONVEYANCING ACT 1919 - SECT 195D
Signatures and consents
CONVEYANCING ACT 1919 - SECT 195D
Signatures and consents
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 by
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 ,
(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--
(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
registereddeed relating to the land and of such further evidence as may be
tendered to the Registrar-General, to be--
(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--
(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 registereddeed 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 with 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,
(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.