New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 13G

13G Recordings in Register

(1) Where a folio of the Register has been created, whether before or after the commencement of Schedule 1 to the Real Property (Crown Land Titles) Amendment Act 1980 , in respect of land to which this Part applies, the Registrar-General may record in the folio, and upon any certificate of title issued in respect of the land comprised in the folio, such particulars of, or such references to:

(a) any covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions (including the provisions of an Act or an instrument made under an Act) attaching or applying to the land,

(b) the purpose, if any, for which the land was disposed of, and

(c) any variation, alteration, modification or revocation of, or addition to, a matter recorded pursuant to paragraph (a) or (b),

as the Registrar-General considers appropriate, and may cancel or remove any such recording.

(2) The provisions of subsection (1) apply in addition to and not in derogation of any provisions of this or any other Act.

(3) Notwithstanding that under a provision of this or any other Act any covenant, condition, term, reservation, exception, exemption, restriction or provision (including a provision of an Act or an instrument made under an Act) to which land to which this Part applies is subject is required to be, or may be, set forth in a folio of the Register created, or upon a certificate of title issued, in respect of that land, it shall be sufficient compliance with that provision if:

(a) the covenant, condition, term, reservation, exception, exemption, restriction or provision is set out in a public document, and

(b) the folio of the Register or the certificate of title, as the case may be, specifies that it is subject to the covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions set out in that document.

(4) For the purposes of this or any other Act, where a folio of the Register or a certificate of title specifies that the land to which it relates is subject to covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions set out in a specified public document, those covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions shall be deemed to be set out at length in the folio or certificate.

(5) In subsections (3) and (4), "public document" includes a memorandum which has been distinctively numbered and filed in the office of the Registrar-General.

(6) A memorandum referred to in subsection (5) shall, for the purposes only of section 96B, be deemed to be part of the Register.