Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act, unless the contrary intention appears:
"appropriate form", for an instrument, means:
(a) the form that is the approved form for the instrument; or
(b) if a form is approved or prescribed for the instrument under another Act – that form.
"approved form" means a form prescribed by the Regulations or the Registrar-General's directions.
"approved reinstatement process", see section 58(1) of the Unit Title Schemes Act .
"bankruptcy" includes a proceeding under a law about bankruptcy, insolvency or the liquidation of corporations.
"body corporate", see section 5 of the Unit Title Schemes Act .
"body corporate name", see section 18(2)(b) of the Unit Title Schemes Act .
"cancel "means:
(a) in relation to a document – to record the cancellation of the registration of the document in the land register; and
(b) in relation to particulars in the land register – to record the cancellation of the particulars in the land register.
"caveatee", in relation to a lot over which a caveat has been lodged, means:
(a) a registered proprietor of the lot; or
(b) someone (other than the caveator) who has an interest in the lot.
"caveator", in relation to a lot over which a caveat has been lodged, means a person in whose favour the caveat is lodged.
"certificate as to title" means a certificate issued by the Registrar-General under section 44.
"Commonwealth jurisdiction" means a State or another Territory of the Commonwealth or New Zealand.
"consolidation", see section 3(1) of the Planning Act .
"correct" includes correct by addition, omission or substitution.
"covenant" has the same meaning as in Division 4 of Part 9 of the Law of Property Act .
"covenant in gross" has the same meaning as in Division 4 of Part 9 of the Law of Property Act .
"dealing" means an instrument or matter whereby land or the title to land can be affected or dealt with.
"deed of grant" means a document evidencing the grant of land (including leasehold) by the Crown.
"deposit" means file in the Land Titles Office other than for registration.
"disclosure statement", see section 5 of the Unit Title Schemes Act .
"document" means paper or other material (including electronic material) containing writing, words, figures, drawings or symbols.
"easement" has the same meaning as in Division 2 of Part 9 of the Law of Property Act .
"easement in gross" has the same meaning as in Division 2 of Part 9 of the Law of Property Act .
"error" includes an error by omission.
"fee" includes tax.
"first scheme statement", see section 10(2) of the Unit Title Schemes Act .
"indefeasible title", in relation to a registered lot, has the meaning given by section 40.
"instrument" includes:
(a) a deed of grant or certificate as to title; and
(b) a deed that relates to or may be used to deal with a lot; and
(c) a power of attorney that may be used to deal with a lot; and
(d) a request, application or other document that deals with a lot and may be registered under this Act; and
(e) a map or plan of survey that may be lodged; and
(f) a plan of subdivision, or a plan of consolidation, that may be lodged; and
(g) an order of a court; and
(h) a scheme statement; and
(i) a plan of termination for a scheme as mentioned in section 54E(1)(a).
"land register" means the register referred to in section 6.
"Land Titles Office" means the Lands Titles Registration and General Registry Office established by section 4 of the Registration Act .
"layered scheme", see section 68(1) of the Unit Title Schemes Act .
"lease" includes a sublease.
"lessee" means the registered proprietor of a lease.
"lessor" means the registered proprietor of land subject to a lease.
"local government body" means:
(a) a council within the meaning of the Local Government Act ; or
(b) any other body that performs local government functions.
"lodge", in relation to a document, means depositing or lodging the document in the Land Titles Office for registration and includes, in addition to the physical depositing or lodging, any other methods of depositing or lodging permitted by the Registrar-General under section 14.
"lot" means a separate, distinct parcel of land created on:
(a) the recording of particulars of a deed of grant; or
(b) the registration of a plan of subdivision or a plan of consolidation;
and includes a unit and common property, within the meaning of the Unit Titles Act , a lot under Part IVB of that Act and a building lot within the meaning of that Act, and a unit and common property within the meaning of the Unit Title Schemes Act .
"member scheme", see section 68(2) of the Unit Title Schemes Act .
"mortgage" includes:
(a) a charge on a lot or an interest in a lot for securing:
(i) a debt; or
(ii) the payment of an annuity, rent, charge or a sum of money in favour of a person;
(b) a statutory charge; and
(c) an overriding statutory charge.
"mortgagee" means the registered proprietor of a mortgage.
"mortgagor" means the registered proprietor of land subject to a mortgage.
"overriding statutory charge", in relation to a lot, means a statutory charge that is expressed in the Act by or under which it is established:
(a) to be an overriding charge within the meaning of this Act; or
(b) to have priority over all other charges on the lot.
"plan of consolidation "means a plan approved by the Surveyor-General under section 49(3) of the Licensed Surveyors Act relating to the consolidation of lots otherwise than under the Unit Titles Act .
"plan of subdivision" means a plan approved by the Surveyor-General under section 49(3) of the Licensed Surveyors Act relating to the subdivision of a lot otherwise than under the Unit Titles Act .
"plan of survey" means a plan prepared and certified by a licensed surveyor that complies with the Licensed Surveyors Act and includes:
(a) a plan of subdivision of a lot; and
(aa) a plan of consolidation of lots; and
(b) a re-survey conducted to define the boundaries of a lot.
"prescribed", in relation to fees, means prescribed under the Registration Act .
"proprietor", of a lot, means a person entitled to an interest in the lot, whether or not the person is in possession.
"public use land" means land referred to in section 52(1)(a).
record of administrative interests and information means the record of administrative interests and information referred to in section 38.
"register", in relation to a lot, interest, instrument or other thing, means record the particulars of the thing in the land register.
"registered owner", of a lot, means the person recorded in the land register as the person entitled to:
(a) the fee simple interest in the lot; or
(b) a lease from the Crown under the Crown Lands Act , Pastoral Land Act or Special Purposes Leases Act .
"registered proprietor", of a lot, means a person recorded in the land register as a proprietor of the lot.
"Registrar-General" means the Registrar-General for the Northern Territory and includes a Deputy Registrar-General appointed under the Registration Act .
"Registrar-General's direction" means a direction in force under section 210.
"relevant registrar" means a person who under the law of another Commonwealth jurisdiction exercises functions similar to those performed by the Registrar-General under this Act.
"scheme" means a unit title scheme as mentioned in section 10(1) of the Unit Title Schemes Act .
"scheme land", see section 32(1) of the Unit Title Schemes Act .
"scheme name", see section 18(2)(a) of the Unit Title Schemes Act .
"scheme statement", see section 10(1) of the Unit Title Schemes Act .
"short lease" means a lease:
(a) for a term of 3 years or less; or
(b) from year to year or a shorter period.
"sketch plan" means a drawing in an instrument drawn to a standard to the Registrar-General's satisfaction that is not a plan of survey.
"statutory charge" means a charge on a lot established by or under a law in force in the Territory:
(a) that is expressed in the law to be a statutory charge within the meaning of this Act; or
(b) that after it is registered:
(i) imposes a restriction on the use of or dealing with the lot; or
(ii) gives a right to a person to deal with the lot, including the right of sale,
and includes an overriding statutory charge for the purposes of Subdivision 2 of Division 3 of Part 6 and section 153.
subdivision has the meaning it has in the Planning Act .
"term" includes covenant and condition.
"term", of a lease, means the period beginning when the lessee is first entitled to possession of a lot or part of a lot under the lease and ending when the lessee is last entitled to possession, even if the lease consists of 2 or more discontinuous periods.
"transmission" means the passing of title to land in any manner other than by transfer.
"unit", of a scheme, see section 37 of the Unit Title Schemes Act .
"unit title scheme", see section 10(1) of the Unit Title Schemes Act .
"writ of execution" means a writ or warrant of execution after judgement in a court.