Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Natural Resources and Other
Legislation Amendment
Bill 2005
Queensland
Natural Resources and Other Legislation
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Coal Mining Safety and Health Act 1999
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 126 (Qualifications for appointment as
inspector) ................................... 10
5 Amendment of s 129 (Further functions of inspectors) . . . . . . . . 10
6 Amendment of s 160 (Additional powers of chief inspector) . . . . 11
7 Amendment of s 255 (Proceedings for offences) . . . . . . . . . . . . . 11
8 Amendment of s 256 (Recommendation to prosecute) . . . . . . . . 11
9 Amendment of s 276 (Protection from liability). . . . . . . . . . . . . . . 11
Part 3 Amendment of Land Act 1994
10 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 275 (Registers comprising land registry) . . . . . 12
13 Amendment of s 276 (Registers to be kept by chief executive) . . 12
14 Amendment of s 281 (Other information may be kept). . . . . . . . . 13
15 Replacement of s 282 (Distinguishing reference for each
document) ..................................... 13
282 Chief executive's procedures on lodgment and
registration of document . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 284 (Entitlement to search a register) . . . . . . . . 14
17 Insertion of new s 285A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
285A Supply of statistical data. . . . . . . . . . . . . . . . . . . . . . . 15
18 Insertion of new ss 286A and 286B . . . . . . . . . . . . . . . . . . . . . . . 16
286A Land practice manual . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Natural Resources and Other Legislation Amendment
Bill 2005
286B Requiring plan of survey to be lodged . . . . . . . . . . . . 17
19 Amendment of s 287 (Registered documents must be in the
appropriate form) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Insertion of new ss 288A288C . . . . . . . . . . . . . . . . . . . . . . . . . . 18
288A Original mortgagee to confirm identity of
mortgagor ......................... 18
288B Mortgage transferee to confirm identity of
mortgagor ........................... 20
288C Effect of registration of mortgage under Land Title
Act 1994 .............................. 21
21 Amendment of s 290D (Explanatory format plan) . . . . . . . . . . . . 22
22 Amendment of s 290J (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Insertion of new s 291A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
291A Correction for omitted easement . . . . . . . . . . . . . . . . 22
24 Amendment of s 294B (Building management statement may
be registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Insertion of new s 294BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
294BA Single area for lots to which building management
statement applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Amendment of s 294C (Circumstances under which building
management statement may be registered). . . . . . . . . . . . . . . . . 24
27 Amendment of s 294D (Content of building management
statement) ..................................... 24
28 Amendment of s 294I (Extinguishing a building management
statement) ..................................... 25
29 Amendment of s 295 (Right to have interest registered) . . . . . . . 25
30 Amendment of s 296 (Tenure document to be returned to land
registry) ...................................... 26
31 Amendment of s 302 (Effect of registration on interest) . . . . . . . . 26
32 Amendment of s 304 (Correcting unregistered documents). . . . . 26
33 Amendment of s 305 (Requisitions) . . . . . . . . . . . . . . . . . . . . . . . 27
34 Amendment of s 314 (Dispensing with production of
document) ................................... 27
35 Insertion of new s 317A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
317A References to registered standard terms document . 27
36 Amendment of s 321 (Withdrawal or cancellation of standard
terms document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Insertion of new ss 358A and 358B . . . . . . . . . . . . . . . . . . . . . . . 28
358A Amendment of leasehold land register or freehold
land register for omitted acquired easement . . . . . . . 28
3
Natural Resources and Other Legislation Amendment
Bill 2005
358B Compensation not payable to any person for action
under s 358A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Amendment of s 361 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Amendment of s 362 (Easements may be created only by
registration) .................................... 30
40 Amendment of s 366 (Rights and liabilities created on
registration of document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41 Amendment of s 369 (Public utility easements) . . . . . . . . . . . . . . 30
42 Amendment of s 371 (Surrendering an easement) . . . . . . . . . . . 32
43 Amendment of s 372 (End and continuation of easements) . . . . 32
44 Amendment of s 373A (Covenant by registration) . . . . . . . . . . . . 32
45 Insertion of new s 373AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
373AA Compliance with s 373A. . . . . . . . . . . . . . . . . . . . . . . 35
46 Amendment of s 377 (Registering personal representative) . . . . 35
47 Amendment of s 379 (Registering beneficiary) . . . . . . . . . . . . . . 36
48 Insertion of new ch 7, pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Part 3B Tidal boundary plans of subdivision
431NA Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 36
431NB Application of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 36
431NC Prohibition on registration of relevant tidal boundary
plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
431ND Approval of Minister in circumstances of accretion
or erosion ............................... 37
431NE Approval of Minister in other limited circumstances . . 38
431NF Limit on application of s 358 (Changing deeds of
grant--change in description or boundary of land) . . 38
431NG No compensation for operation of this part . . . . . . . . 38
49 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 39
Part 4 Amendment of Land Title Act 1994
50 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
9A Land title practice manual . . . . . . . . . . . . . . . . . . . . . 40
52 Amendment of s 10 (Form of instruments). . . . . . . . . . . . . . . . . . 41
53 Insertion of new ss 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . . 41
11A Original mortgagee to confirm identity of
mortgagor ......................... 42
11B Mortgage transferee to confirm identity of
mortgagor .......................... 43
54 Amendment of s 15 (Registrar may correct registers) . . . . . . . . . 44
4
Natural Resources and Other Legislation Amendment
Bill 2005
55 Amendment of s 17 (Registrar may prepare and register
caveat) ...................................... 45
56 Amendment of s 19 (Registrar may decide to hold inquiry) . . . . . 45
57 Amendment of s 23 (Notice to witness) . . . . . . . . . . . . . . . . . . . . 46
58 Amendment of s 26 (Other referrals by the registrar to the
Supreme Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
59 Amendment of s 30 (Registrar must register instruments) . . . . . . 47
60 Replacement of s 32 (Registrar must give distinguishing
reference to each instrument) . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
32 Registrar's procedures on lodgment and
registration of instrument . . . . . . . . . . . . . . . . . . . . . . 47
61 Amendment of s 34 (Other information not part of the freehold
land register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
62 Amendment of s 35 (Entitlement to search register) . . . . . . . . . . 48
63 Amendment of s 48E (Explanatory format plan) . . . . . . . . . . . . . 49
64 Amendment of s 49C (Building format plan of subdivision) . . . . . 50
65 Amendment of s 50 (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
66 Amendment of s 51 (Dedication of public use land in plan) . . . . . 50
67 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
51A Access for public use land . . . . . . . . . . . . . . . . . . . . . 50
68 Amendment of s 54A (Building management statement may be
registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
69 Insertion of new s 54AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
54AA Single area for lots to which building management
statement applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
70 Amendment of s 54B (Circumstances under which building
management statement may be registered). . . . . . . . . . . . . . . . . 52
71 Amendment of s 54C (Content of building management
statement) .................................... 52
72 Amendment of s 54H (Extinguishing a building management
statement) ................................... 52
73 Amendment of s 54I (Lots constituted by community titles
scheme) ...................................... 53
74 Amendment of s 72 (Mortgaging lot etc. by registration) . . . . . . . 54
75 Amendment of s 81A (Definitions for div 4) . . . . . . . . . . . . . . . . . 54
76 Amendment of s 85B (Rights and liabilities created on
registration of instrument). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
77 Amendment of s 89 (Easements for public utility providers) . . . . 54
78 Amendment of s 90 (Surrendering an easement) . . . . . . . . . . . . 56
5
Natural Resources and Other Legislation Amendment
Bill 2005
79 Amendment of s 97A (Covenant by registration) . . . . . . . . . . . . . 56
80 Insertion of new s 97AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
97AA Compliance with s 97A. . . . . . . . . . . . . . . . . . . . . . . . 58
81 Replacement of s 98 (Application may not be made about
encroachment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
98 Application may not be made about particular
matters .............................. 59
82 Amendment of s 99 (Application for registration) . . . . . . . . . . . . . 60
83 Amendment of s 105 (Lapsing of caveat). . . . . . . . . . . . . . . . . . . 60
84 Replacement of s 106 (Reviving or replacing caveat) . . . . . . . . . 60
106 Further caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
85 Amendment of s 107 (Refusing or compromising application) . . . 61
86 Amendment of s 108 (Registering adverse possessor
as owner) .................................... 61
87 Insertion of new ss 108A and 108B . . . . . . . . . . . . . . . . . . . . . . . 61
108A Requirements for part of a lot. . . . . . . . . . . . . . . . . . . 61
108B Consequences of registration. . . . . . . . . . . . . . . . . . . 62
88 Amendment of s 111 (Registering personal representative) . . . . 63
89 Amendment of s 112 (Registering beneficiary) . . . . . . . . . . . . . . 63
90 Amendment of s 115K (Recording community management
statements) ................................... 63
91 Amendment of s 121 (Requirements of caveats) . . . . . . . . . . . . . 64
92 Replacement of s 129 (Further caveat) . . . . . . . . . . . . . . . . . . . . 64
129 Further caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
93 Replacement of s 137 (Acts for minors and by attorneys etc.). . . 64
136 Act for a minor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
137 Act for other person lacking capacity . . . . . . . . . . . . . 65
94 Replacement of s 146 (No further settlement notice for same
transaction). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
146 Further settlement notice . . . . . . . . . . . . . . . . . . . . . . 65
95 Amendment of s 154 (Lodging certificate of title) . . . . . . . . . . . . . 66
96 Amendment of s 155 (Correcting unregistered instruments) . . . . 66
97 Amendment of s 156 (Requisitions) . . . . . . . . . . . . . . . . . . . . . . . 67
98 Amendment of s 166 (Destroying instrument in certain
circumstances) ................................... 67
99 Insertion of new s 168A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
168A References to registered standard terms document . 68
6
Natural Resources and Other Legislation Amendment
Bill 2005
100 Amendment of s 172 (Withdrawal or cancellation of standard
terms document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
101 Amendment of s 185 (Exceptions to s 184) . . . . . . . . . . . . . . . . . 68
102 Amendment of s 187 (Orders by Supreme Court about fraud
and competing interests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
103 Amendment of pt 9, div 2, sdiv C, hdg . . . . . . . . . . . . . . . . . . . . . 70
104 Insertion of new s 188AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
188AA Compensation for which claim may not be made. . . . 70
105 Amendment of s 188B (Order by Supreme Court about
deprivation, loss or damage) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
106 Insertion of new ss 188C and 188D . . . . . . . . . . . . . . . . . . . . . . . 70
188C Time limit for claim . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
188D No right of subrogation for insurers . . . . . . . . . . . . . . 71
107 Amendment of s 189 (Matters for which there is no entitlement
to compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
108 Insertion of new s 189A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
189A Payment to compensated mortgagee. . . . . . . . . . . . . 72
109 Amendment of s 190 (State's right of subrogation) . . . . . . . . . . . 74
110 Insertion of new pt 10A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 10A Tidal boundary plans of subdivision
191A Definitions for pt 10A . . . . . . . . . . . . . . . . . . . . . . . . . 74
191B Application of pt 10A . . . . . . . . . . . . . . . . . . . . . . . . . 75
191C Prohibition on registration of relevant tidal
boundary plan of subdivision . . . . . . . . . . . . . . . . . . . 76
191D Approval of Minister in circumstances of accretion
or erosion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
191E Approval of Minister in other limited circumstances . . 77
191F No compensation for operation of this part . . . . . . . . 77
111 Insertion of new s 198A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
198A Supply of statistical data. . . . . . . . . . . . . . . . . . . . . . . 78
112 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 79
Part 5 Amendment of Integrated Resort Development Act 1987
113 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
114 Amendment of s 79D (Registration of replacement schedule) . . . 79
Part 6 Amendment of Local Government Act 1993
115 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
116 Insertion of new ch 13, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Part 2A Public thoroughfare easements
7
Natural Resources and Other Legislation Amendment
Bill 2005
921A Public thoroughfare easements . . . . . . . . . . . . . . . . . 80
117 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 82
Part 7 Amendment of Mining and Quarrying Safety and Health Act
1999
118 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
119 Amendment of s 123 (Qualifications for appointment as
inspector) ...................................... 82
120 Amendment of s 126 (Further functions of inspectors) . . . . . . . . 83
121 Amendment of s 157 (Additional powers of chief inspector) . . . . 83
122 Amendment of s 234 (Proceedings for offences) . . . . . . . . . . . . . 83
123 Amendment of s 235 (Recommendation to prosecute) . . . . . . . . 83
124 Amendment of s 256 (Protection from liability). . . . . . . . . . . . . . . 83
Part 8 Amendment of Property Law Act 1974
125 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
126 Amendment of s 61 (Conditions of sale of land) . . . . . . . . . . . . . 84
Part 9 Amendment of Transport Infrastructure Act 1994
127 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
128 Insertion of new ch 6, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part 8 Public thoroughfare easements
105A Public thoroughfare easements . . . . . . . . . . . . . . . . . 85
129 Amendment of schedule 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . 86
Part 10 Amendment of Valuers Registration Act 1992
130 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
131 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 87
132 Amendment of s 18 (Meetings of board) . . . . . . . . . . . . . . . . . . . 87
133 Amendment of s 27 (Inspection of register) . . . . . . . . . . . . . . . . . 88
134 Amendment of s 28 (Publication of names of registered
valuers) .................................... 88
135 Amendment of s 29 (Applications for registration) . . . . . . . . . . . . 88
136 Replacement of s 31 (Attendance before board of applicant) . . . 89
31 Investigations about suitability of applicants. . . . . . . . 89
31A Consideration of suitability of applicants . . . . . . . . . . 90
31B Criminal history is confidential document . . . . . . . . . . 90
137 Amendment of s 36B (Renewal of registration--statement or
certificate about CPD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
138 Amendment of s 39 (Cancellation of registration) . . . . . . . . . . . . 91
139 Amendment of s 42FA (Renewal of recording of registered
valuer on list of specialist retail valuers) . . . . . . . . . . . . . . . . . . . . 91
8
Natural Resources and Other Legislation Amendment
Bill 2005
140 Amendment of s 44 (Board may authorise investigation) . . . . . . . 91
141 Amendment of s 50 (Disciplinary charge may be laid) . . . . . . . . . 91
142 Amendment of s 54 (Representation) . . . . . . . . . . . . . . . . . . . . . 92
143 Amendment of s 57 (Offences--proceedings) . . . . . . . . . . . . . . . 92
144 Amendment of s 59 (Committee may order cancellation of
registration, etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
145 Amendment of s 61 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
146 Replacement of pt 6, hdg (Transitional provisions for Valuers
Registration Act 1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
147 Replacement of pt 7, hdg (Transitional provisions for Valuers
Registration Amendment Act 2001) . . . . . . . . . . . . . . . . . . . . . . . 94
148 Replacement of s 72 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . 94
72 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
149 Insertion of new pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 3 Transitional provisions for Natural Resources
and Other Legislation Amendment Act 2005
75 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
76 Renewal of registration. . . . . . . . . . . . . . . . . . . . . . . . 95
77 Renewal of recording on list of specialist retail
valuers .............................. 95
Part 11 Minor amendments
150 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . 96
Land Protection (Pest and Stock Route Management)
Act 2002 .................................... 96
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 97
Survey and Mapping Infrastructure Act 2003 . . . . . . . . . . . . . . . . 100
Surveyors Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
2005
A Bill
for an Act to amend legislation about natural resources, and for
other purposes
s1 10 s5
Natural Resources and Other Legislation Amendment
Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Natural Resources and Other 4
Legislation Amendment Act 2005. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Coal Mining 8
Safety and Health Act 1999 9
Clause 3 Act amended in pt 2 10
This part amends the Coal Mining Safety and Health Act 11
1999. 12
Clause 4 Amendment of s 126 (Qualifications for appointment as 13
inspector) 14
Section 126, from `has'-- 15
omit, insert-- 16
`has appropriate competencies and adequate experience to 17
effectively perform an inspector's functions under this Act.'. 18
Clause 5 Amendment of s 129 (Further functions of inspectors) 19
Section 129(b), `inspector'-- 20
s6 11 s9
Natural Resources and Other Legislation Amendment
Bill 2005
omit, insert-- 1
`executive'. 2
Clause 6 Amendment of s 160 (Additional powers of chief 3
inspector) 4
(1) Section 160(a)-- 5
omit. 6
(2) Section 160(b) and (c)-- 7
renumber as section 160(a) and (b). 8
Clause 7 Amendment of s 255 (Proceedings for offences) 9
(1) Section 255(5), from `inspector'-- 10
omit, insert-- 11
`executive.'. 12
(2) Section 255(6), definition person dissatisfied with a decision, 13
paragraph (c)-- 14
omit. 15
Clause 8 Amendment of s 256 (Recommendation to prosecute) 16
(1) Section 256(1), `chief inspector'-- 17
omit, insert-- 18
`chief executive'. 19
(2) Section 256(2), `inspector's'-- 20
omit, insert-- 21
`executive's'. 22
Clause 9 Amendment of s 276 (Protection from liability) 23
(1) Section 276(3), definition official, paragraphs (b) to (h)-- 24
renumber as paragraphs (c) to (i). 25
(2) Section 276(3), definition official-- 26
s 10 12 s 13
Natural Resources and Other Legislation Amendment
Bill 2005
insert-- 1
`(b) the chief executive; or'. 2
Part 3 Amendment of Land Act 1994 3
Clause 10 Act amended in pt 3 4
This part amends the Land Act 1994. 5
Clause 11 Omission of s 2 (Commencement) 6
Section 2-- 7
omit. 8
Clause 12 Amendment of s 275 (Registers comprising land registry) 9
Section 275-- 10
insert-- 11
`(f) registers about land prescribed under a regulation under 12
this Act; 13
(g) registers about land required or permitted by an Act to 14
be kept by the chief executive; 15
(h) other registers about land required or permitted by an 16
Act to be included in the land registry.'. 17
Clause 13 Amendment of s 276 (Registers to be kept by chief 18
executive) 19
(1) Section 276(f), `the regulations'-- 20
omit, insert-- 21
`a regulation'. 22
(2) Section 276-- 23
insert-- 24
s 14 13 s 15
Natural Resources and Other Legislation Amendment
Bill 2005
`(g) registers about land required or permitted by an Act to 1
be kept by the chief executive; 2
`(h) other registers about land required or permitted by an 3
Act to be included in the land registry.'. 4
Clause 14 Amendment of s 281 (Other information may be kept) 5
Section 281-- 6
insert-- 7
`(2) The information may include information given to the chief 8
executive by another entity. 9
`(3) A relevant entity is not civilly liable for an act done, or 10
omission made, honestly and without negligence in relation to 11
the giving or keeping of information under this section. 12
`(4) Without limiting subsection (3), a relevant entity other than 13
the chief executive is not civilly liable in relation to the giving 14
or keeping of inaccurate information under this section if the 15
relevant entity did not give the information to the chief 16
executive for keeping under this section. 17
`(5) In this section-- 18
relevant entity means-- 19
(a) the chief executive; or 20
(b) the Minister; or 21
(c) the State.'. 22
Clause 15 Replacement of s 282 (Distinguishing reference for each 23
document) 24
Section 282-- 25
omit, insert-- 26
`282 Chief executive's procedures on lodgment and 27
registration of document 28
`(1) When a document is lodged in the land registry, the chief 29
executive must note on the document-- 30
(a) the date and time of lodgment; and 31
s 16 14 s 16
Natural Resources and Other Legislation Amendment
Bill 2005
(b) an identifying reference. 1
`(2) When the document is registered, the chief executive must 2
record the information mentioned in subsection (1)(a) and (b) 3
in the appropriate register.'. 4
Clause 16 Amendment of s 284 (Entitlement to search a register) 5
(1) Section 284(1), from `When' to `may'-- 6
omit, insert-- 7
`A person may, on payment of the fee prescribed under a 8
regulation'. 9
(2) Section 284-- 10
insert-- 11
`(3) A search under subsection (1) may be carried out at, or a copy 12
mentioned in subsection (1) obtained from, an office of the 13
land registry during office hours on a day the land registry is 14
open for business. 15
`(4) Also, a search under subsection (1) may be carried out at, or a 16
copy mentioned in subsection (1) obtained from, the website 17
of an entity engaged by the chief executive for the purpose of 18
allowing persons to search the land registry or obtain copies 19
of particulars, documents or other information kept in the 20
registry. 21
`(5) The chief executive may allow a person to carry out a search 22
under subsection (1)(a) for-- 23
(a) only part of the particulars recorded about a lease, 24
licence, permit or reserve; or 25
(b) only part of a document lodged or deposited in the land 26
registry; or 27
(c) only part of the information about a document lodged or 28
deposited in the land registry. 29
`(6) The chief executive may enter into an agreement with another 30
department allowing the department to carry out a search, or 31
obtain a copy, under this section without payment of the fee 32
mentioned in subsection (1). 33
s 17 15 s 17
Natural Resources and Other Legislation Amendment
Bill 2005
`(7) However, the chief executive may enter into an agreement 1
under subsection (6) only if the chief executive is reasonably 2
satisfied the information obtained from the search or the copy 3
will not be-- 4
(a) used for a commercial purpose, including, for example, 5
the marketing or sale of the information or other 6
information; or 7
(b) included in another database of information, in any 8
form, other than with approval from the chief 9
executive.'. 10
Clause 17 Insertion of new s 285A 11
Chapter 6, part 1, division 2, after section 285-- 12
insert-- 13
`285A Supply of statistical data 14
`(1) The chief executive may enter into an agreement to supply 15
statistical data derived from documents or information kept in 16
the land registry. 17
`(2) If the chief executive supplies statistical data under 18
subsection (1)-- 19
(a) the fees and charges applying for the supply of the data 20
are the fees and charges agreed to in the agreement; and 21
(b) without limiting paragraph (a), the agreement may also 22
state-- 23
(i) how the fees and charges are to be calculated; and 24
(ii) how payment of the fees and charges is to be made. 25
`(3) Without limiting subsection (1), an agreement for the supply 26
of statistical data may limit the use to which the data supplied 27
may be put. 28
`(4) An agreement for the supply of statistical data must include-- 29
(a) a provision allowing the chief executive to exclude 30
particulars from data supplied under the agreement, if 31
the chief executive is satisfied, on reasonable grounds, 32
s 18 16 s 18
Natural Resources and Other Legislation Amendment
Bill 2005
that inclusion of the particulars may result in the 1
particulars being inappropriately disclosed or used; and 2
(b) a provision allowing the chief executive to prohibit 3
disclosure, or limit distribution or use, of data supplied 4
under the agreement. 5
`(5) An agreement under this section must not provide for the 6
obtaining of information or anything else that may be 7
obtained under a search under section 284, other than section 8
284(1)(a)(iv). 9
`(6) The chief executive must exclude land particulars and 10
personal information from data supplied under the agreement. 11
`(7) Subsection (6) applies despite anything in the agreement. 12
`(8) In this section-- 13
land particulars means particulars from any instrument or 14
information kept by the chief executive that may allow a 15
person to identify land to which the instrument or information 16
relates. 17
personal information means a particular from any instrument 18
or information kept by the chief executive that may allow a 19
person to identify a person to whom the instrument or 20
information relates.'. 21
Clause 18 Insertion of new ss 286A and 286B 22
After section 286-- 23
insert-- 24
`286A Land practice manual 25
`(1) The chief executive may keep a manual of land practice (by 26
whatever name called) in the way the chief executive 27
considers appropriate, for the information and guidance of 28
land registry staff and persons dealing with the land registry. 29
`(2) The manual may include-- 30
(a) directions given by the chief executive under section 31
287(1)(b); and 32
s 18 17 s 18
Natural Resources and Other Legislation Amendment
Bill 2005
(b) directions given by the registrar under the Land Title Act 1
1994, section 10(1)(b); and 2
(c) practices developed in the land registry, before or after 3
the commencement of this section, for the depositing 4
and lodging of documents, including practices directed 5
at ensuring-- 6
(i) there is consistency and efficiency in land registry 7
processes; and 8
(ii) each register under this Act is an accurate, 9
comprehensive and useable record; and 10
(iii) the integrity of the registers included in the land 11
registry is supported and maintained to the greatest 12
practicable extent. 13
`(3) The manual may include statements about additional 14
information a person may be required to produce, or 15
additional documents a person may be required to deposit, 16
under section 305.1 17
`(4) The chief executive must make the manual available to the 18
public in the way the chief executive considers appropriate. 19
`(5) Without limiting subsection (4), the chief executive must 20
ensure an up-to-date copy of the manual is available to be read 21
free of charge at each office of the land registry. 22
`286B Requiring plan of survey to be lodged 23
`(1) The chief executive may-- 24
(a) require a trustee of trust land who proposes to lease or 25
otherwise deal with all or part of the land to lodge a plan 26
of survey of the land; or 27
(b) require a lessee who proposes to sublease or otherwise 28
deal with the lease or part of the lease to lodge a plan of 29
survey of the land the subject of the lease. 30
`(2) The plan of survey must comply with the Survey and Mapping 31
Infrastructure Act 2003 and must be certified as accurate by a 32
1 Section 305 (Requisitions)
s 19 18 s 20
Natural Resources and Other Legislation Amendment
Bill 2005
cadastral surveyor within the meaning of the Surveyors 1
Act 2003.'. 2
Clause 19 Amendment of s 287 (Registered documents must be in 3
the appropriate form) 4
(1) Section 287, heading, from `be'-- 5
omit, insert-- 6
`comply with particular requirements'. 7
(2) Section 287(1)(b)-- 8
renumber as section 287(1)(c). 9
(3) Section 287(1)-- 10
insert-- 11
`(b) the document complies with the directions of the chief 12
executive about-- 13
(i) how the appropriate form must be filled in; or 14
(ii) how information to be included in or given with the 15
document must be included or given; and'. 16
(4) Section 287-- 17
insert-- 18
`(3) Also, a document that does not comply with a direction 19
mentioned in subsection (1)(b) may be registered if the chief 20
executive is satisfied it is reasonable to not require the 21
compliance.'. 22
Clause 20 Insertion of new ss 288A288C 23
After section 288-- 24
insert-- 25
`288A Original mortgagee to confirm identity of 26
mortgagor 27
`(1) This section applies to the mortgaging of a lease or a sublease. 28
`(2) Before the mortgage is lodged for registration, the mortgagee 29
under the mortgage (the original mortgagee) must take 30
s 20 19 s 20
Natural Resources and Other Legislation Amendment
Bill 2005
reasonable steps to ensure the person who executed the 1
mortgage as mortgagor is identical with the person who is, or 2
who is about to become, the lessee of the lease or sublessee of 3
the sublease. 4
`(3) Without limiting subsection (2), the original mortgagee takes 5
reasonable steps under the subsection if the original 6
mortgagee complies with practices included in the manual of 7
land title practice under section 286A(2)(c) for the 8
verification of identification of mortgagors. 9
`(4) The original mortgagee must, for 7 years after the mortgage is 10
registered, and whether or not there is registered a transfer of 11
the mortgage-- 12
(a) keep, in the approved form, a written record of the steps 13
taken under subsection (2); or 14
(b) keep originals or copies of the documents and other 15
evidence provided to or otherwise obtained by the 16
original mortgagee in complying with subsection (2). 17
Maximum penalty--20 penalty units. 18
`(5) The chief executive may, whether before or after the 19
registration of the mortgage, and whether or not there has 20
been registered a transfer of the mortgage, ask the original 21
mortgagee-- 22
(a) to advise the chief executive about the steps taken by the 23
original mortgagee under subsection (2); and 24
(b) to produce for the chief executive's inspection the 25
written record mentioned in subsection (4)(a) or the 26
originals or copies mentioned in subsection (4)(b). 27
`(6) The original mortgagee must comply with a request under 28
subsection (5) unless the original mortgagee has a reasonable 29
excuse. 30
Maximum penalty--20 penalty units. 31
`(7) This section applies to a mortgage only if it is executed after 32
the commencement of this section. 33
s 20 20 s 20
Natural Resources and Other Legislation Amendment
Bill 2005
`288B Mortgage transferee to confirm identity of 1
mortgagor 2
`(1) This section applies to the transfer of the mortgage of a lease 3
or a sublease. 4
`(2) Before the transfer is lodged for registration, the transferee 5
under the transfer (the mortgage transferee) must take 6
reasonable steps to ensure that the person who executed the 7
mortgage as mortgagor was identical with the person who, 8
when the mortgage was executed, was, or was about to 9
become, the lessee of the lease or sublessee of the sublease. 10
`(3) Without limiting subsection (2), the mortgage transferee takes 11
reasonable steps under the subsection if the mortgage 12
transferee complies with practices included in the manual of 13
land title practice under section 286A(2)(c) for the 14
verification of identification of mortgagors. 15
`(4) The mortgagee transferee must, for 7 years after the transfer 16
of the mortgage is registered, and whether or not there is 17
registered a further transfer of the mortgage-- 18
(a) keep, in the approved form, a written record of the steps 19
taken under subsection (2); or 20
(b) keep originals or copies of the documents and other 21
evidence provided to or otherwise obtained by the 22
mortgage transferee in complying with subsection (2). 23
Maximum penalty--20 penalty units. 24
`(5) The chief executive may, whether before or after the 25
registration of the transfer of the mortgage, and whether or not 26
there has been registered a further transfer of the mortgage, 27
ask the mortgage transferee-- 28
(a) to advise the chief executive about the steps taken by the 29
mortgage transferee under subsection (2); and 30
(b) to produce for the chief executive's inspection the 31
written record mentioned in subsection (4)(a) or the 32
originals or copies mentioned in subsection (4)(b). 33
`(6) The mortgage transferee must comply with a request under 34
subsection (5) unless the mortgage transferee has a reasonable 35
excuse. 36
s 20 21 s 20
Natural Resources and Other Legislation Amendment
Bill 2005
Maximum penalty--20 penalty units. 1
`(7) This section applies to a transfer of a mortgage only if the 2
transfer is executed after the commencement of this section. 3
`(8) However, this section applies in relation to a mortgage 4
whenever executed. 5
`288C Effect of registration of mortgage under Land Title 6
Act 1994 7
`(1) This section applies if a mortgage (the relevant mortgage) to 8
which section 288A(2) applied, or that was the subject of a 9
transfer to which section 288B(2) applied, becomes registered 10
under the Land Title Act 1994 on the issue of a deed of grant 11
under this Act. 12
13
Example--
14
Under section 458(2), a deed of grant is issued subject to a mortgage to
15
which section 288A(2) applied.
`(2) Sections 288A and 288B continue to have effect in relation to 16
the mortgage or transfer as if the mortgage were still 17
registered under this Act. 18
`(3) However, the Land Title Act 1994, sections 185(1A) and 19
189(1)(ab) have effect in relation to the mortgage. 20
`(4) For applying subsection (3)-- 21
(a) the references in the Land Title Act 1994, section 22
185(1A)(a) and (b) to the instrument of mortgage are 23
taken to be references to the relevant mortgage; and 24
(b) the references in the Land Title Act 1994, sections 25
185(1A)(a) and 189(1)(ab) to sections 11A(2) and 26
11B(2) of that Act are taken to be references to sections 27
288A(2) and 288B(2) respectively of this Act; and 28
(c) the reference in the Land Title Act 1994, section 29
185(1A)(b) to the registered proprietor of the lot or the 30
interest in a lot is taken to be a reference to the lessee of 31
the lease or the sublessee of the sublease.'. 32
s 21 22 s 23
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 21 Amendment of s 290D (Explanatory format plan) 1
(1) Section 290D(2) and (3)-- 2
omit. 3
(2) Section 290D(4)-- 4
renumber as section 290D(2). 5
Clause 22 Amendment of s 290J (Requirements for registration of 6
plan of subdivision) 7
(1) Section 290J(1)(d)-- 8
omit. 9
(2) Section 290J(1)(e) to (i)-- 10
renumber as section 290J(1)(d) to (h). 11
(3) Section 290J(2)(a), `subsection (1)(g), (h) and (i)'-- 12
omit, insert-- 13
`subsection (1)(f), (g) and (h)'. 14
Clause 23 Insertion of new s 291A 15
After section 291-- 16
insert-- 17
`291A Correction for omitted easement 18
`(1) Despite section 291(1)(b), the chief executive may otherwise 19
act under section 291 to correct the leasehold land register to 20
include the particulars of an easement (easement particulars) 21
that have been omitted from the register in relation to a lease. 22
`(2) For subsection (1), easement particulars are taken to have 23
been omitted from the leasehold land register in relation to a 24
lease only if-- 25
(a) the easement was in existence when the particulars of 26
the lease were first registered, but the easement 27
particulars have never been recorded in the leasehold 28
land register against the lease; or 29
s 24 23 s 24
Natural Resources and Other Legislation Amendment
Bill 2005
(b) the easement particulars have previously been recorded 1
in the leasehold land register, but the current particulars 2
in the leasehold land register about the lease do not 3
include the easement particulars, other than because the 4
easement has been extinguished in relation to the lease; 5
or 6
(c) the document providing for the easement was lodged for 7
registration but, because of an error of the chief 8
executive, has never been registered. 9
`(3) Subsection (2) applies whether or not the lease has at any time 10
been transferred or otherwise dealt with. 11
`(4) In subsection (2)(b)-- 12
extinguished includes surrendered.'. 13
Clause 24 Amendment of s 294B (Building management statement 14
may be registered) 15
(1) Section 294B(4)-- 16
renumber as section 294B(6). 17
(2) Section 294B(3)-- 18
omit, insert-- 19
`(3) At least 1 of the lots to which a building management 20
statement applies must be a lot entirely or partly contained in, 21
or entirely or partly containing, 1 or more buildings. 22
`(4) A building management statement complying with subsection 23
(3) may also apply to a lot the subject of a building 24
development approval. 25
`(5) If a lot to which a building management statement applies is 26
the subject of a plan of subdivision, the statement applies to 27
each lot created by the registration of the plan.'. 28
(3) Section 294B-- 29
insert-- 30
`(7) In this section-- 31
s 25 24 s 27
Natural Resources and Other Legislation Amendment
Bill 2005
building development approval means a development 1
approval, under the Integrated Planning Act 1997, for 2
development relating to a proposed building or buildings.'. 3
Clause 25 Insertion of new s 294BA 4
After section 294B-- 5
insert-- 6
`294BASingle area for lots to which building management 7
statement applies 8
`(1) The lots to which a building management statement applies 9
must form a single, continuous area of land. 10
`(2) A number of lots are taken to form a single, continuous area 11
of land even if there is a road or watercourse within the 12
external boundaries of the area comprising of the lots. 13
`(3) Despite subsection (1), a building management statement may 14
apply to lots that do not form a single, continuous area of land 15
if the chief executive is satisfied, on reasonable grounds, that 16
all the lots are located within an area that is sufficiently 17
limited to ensure the effective and efficient application of the 18
provisions of this division.'. 19
Clause 26 Amendment of s 294C (Circumstances under which 20
building management statement may be registered) 21
Section 294C(1), from `registered'-- 22
omit, insert-- 23
`registered only if the statement is signed by the lessees of all 24
lots to which the statement applies.'. 25
Clause 27 Amendment of s 294D (Content of building management 26
statement) 27
Section 294D(2)-- 28
insert-- 29
`(i) proposed future development.'. 30
s 28 25 s 29
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 28 Amendment of s 294I (Extinguishing a building 1
management statement) 2
(1) Section 294I-- 3
insert-- 4
`(1A) A building management statement may be extinguished in 5
part to remove a lot that is not contained in, or does not 6
contain, a building or a part of a building, by registering an 7
instrument of partial extinguishment of the building 8
management statement.'. 9
(2) Section 294I(2), after `extinguishment'-- 10
insert-- 11
`or partial extinguishment'. 12
(3) Section 294I(3), after `extinguished'-- 13
insert-- 14
`or partially extinguished'. 15
(4) Section 294I(1A) to (3)-- 16
renumber as section 294I(2) to (4). 17
Clause 29 Amendment of s 295 (Right to have interest registered) 18
(1) Section 295(1)-- 19
insert-- 20
`(e) the document is not inconsistent with another Act or 21
law; and 22
(f) if the document is a plan of survey--it is not 23
inconsistent with another plan of survey.'. 24
(2) Section 295(2)-- 25
renumber as section 295(3). 26
(3) Section 295-- 27
insert-- 28
`(2) If the document is a plan of survey and it is inconsistent with 29
another plan of survey, the chief executive may-- 30
s 30 26 s 32
Natural Resources and Other Legislation Amendment
Bill 2005
(a) give a written notice to a person holding an interest in a 1
lot that may be affected by registration of the plan of 2
survey; or 3
(b) require the person who lodged the document to give a 4
written notice, in the way the registrar requires, to a 5
person mentioned in paragraph (a).'. 6
Clause 30 Amendment of s 296 (Tenure document to be returned to 7
land registry) 8
Section 296(2)-- 9
insert-- 10
`(c) a request to record the vesting of land, or an interest in 11
land, under an Act if the vesting is in favour of the State 12
or another entity representing the State.'. 13
Clause 31 Amendment of s 302 (Effect of registration on interest) 14
Section 302-- 15
insert-- 16
`(2) The person holds the interest subject to-- 17
(a) all other interests in the land previously registered; and 18
(b) all rights and interests of the State in the land, other than 19
interests subsequently registered.'. 20
Clause 32 Amendment of s 304 (Correcting unregistered 21
documents) 22
Section 304(1), from `correction on'-- 23
omit, insert-- 24
`correction-- 25
(a) on the document; or 26
(b) if the document is in electronic form--in the appropriate 27
register.'. 28
s 33 27 s 35
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 33 Amendment of s 305 (Requisitions) 1
(1) Section 305(1), after `deposited a document'-- 2
insert-- 3
`, or to another person who reasonably appears to the chief 4
executive to be relevantly associated with the document'. 5
(2) Section 305(1), `require the person'-- 6
omit, insert-- 7
`require a person'. 8
(3) Section 305(1)(b), `person's'-- 9
omit. 10
(4) Section 305(5), `by a person'-- 11
omit. 12
(5) Section 305(5), `person complies with the requisition'-- 13
omit, insert-- 14
`requisition is complied with'. 15
Clause 34 Amendment of s 314 (Dispensing with production of 16
document) 17
Section 314(2), `lessee or licensee'-- 18
omit, insert-- 19
`lease or licence'. 20
Clause 35 Insertion of new s 317A 21
After section 317-- 22
insert-- 23
`317A References to registered standard terms document 24
`In sections 319 and 320, a reference to a registered standard 25
terms document includes a standard terms document that has 26
been, or is taken to be, registered under the Land Title Act 27
1994.'. 28
s 36 28 s 37
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 36 Amendment of s 321 (Withdrawal or cancellation of 1
standard terms document) 2
Section 321(4), after `terms document'-- 3
insert-- 4
`, under this section or the Land Title Act 1994,'. 5
Clause 37 Insertion of new ss 358A and 358B 6
After section 358-- 7
insert-- 8
`358A Amendment of leasehold land register or freehold 9
land register for omitted acquired easement 10
`(1) This section applies if all of the following circumstances 11
apply-- 12
(a) before the commencement of this section, action was 13
taken under an acquisition Act to acquire an easement, 14
over freehold or non-freehold land (the relevant land); 15
(b) there is no outstanding issue of substance in relation to 16
the payment of compensation under the acquisition Act 17
for the acquisition; 18
19
Examples--
20
1 All compensation payable under the acquisition Act for the
21
acquisition was paid to the person entitled to it.
22
2 The issue of compensation payable under the acquisition
23
Act for the acquisition was never pursued because any
24
amount payable would have been negligible.
(c) the particulars of the acquisition have never been 25
recorded in the appropriate register for the relevant land; 26
(d) the rights acquired under the acquisition have never 27
been extinguished; 28
(e) the entity currently entitled to the rights acquired under 29
the acquisition is a public utility provider; 30
(f) the Minister is satisfied, to the greatest practicable 31
extent on the basis of documentary evidence, that the 32
matters mentioned in paragraphs (a) to (e) are true. 33
s 37 29 s 37
Natural Resources and Other Legislation Amendment
Bill 2005
1
Example of documentary evidence--
2
a copy of a gazette notice under the acquisition Act declaring the
3
easement to be taken
`(2) The Governor in Council may, by gazette notice, direct the 4
chief executive or registrar of titles to amend the current 5
particulars about the relevant land in the leasehold or freehold 6
land register to record the current particulars of the easement. 7
`(3) The gazette notice is authority for the chief executive or 8
registrar to make the amendment in the register. 9
`(4) Without limiting subsections (2) and (3), the chief executive 10
or registrar of titles must, in recording the particulars of the 11
easement, record in the register copies of the following-- 12
(a) the plan of survey used for identifying the easement 13
when the easement was acquired, and any subsequent 14
plan of survey relevant to identifying the easement; 15
(b) any gazette notice forming part of the acquisition 16
process under the acquisition Act. 17
`(5) For this section, it does not matter whether the relevant land 18
was freehold land or leasehold land when the easement was 19
created, or whether the relevant land is freehold land or 20
leasehold land when the gazette notice mentioned in 21
subsections (2) and (3) is published. 22
`(6) An amendment of a register may not be made under this 23
section if 10 years have elapsed after the commencement of 24
this section. 25
`(7) In this section-- 26
acquisition Act means this Act, the repealed Act, the 27
Acquisition of Land Act 1967 or another Act providing for the 28
compulsory acquisition of land. 29
extinguished includes surrendered. 30
`358B Compensation not payable to any person for action 31
under s 358A 32
`A person is not entitled to compensation from the State under 33
this Act, the Land Title Act 1994 or the Acquisition of Land 34
s 38 30 s 41
Natural Resources and Other Legislation Amendment
Bill 2005
Act 1967, or otherwise, for deprivation of an interest in land, 1
or for loss or damage of any kind, arising out of the recording 2
of the particulars of an easement under section 358A.'. 3
Clause 38 Amendment of s 361 (Definitions) 4
(1) Section 361-- 5
insert-- 6
`public thoroughfare easement means a public utility 7
easement provided for under section 369(4).'. 8
(2) Section 361, definition public utility provider, paragraphs (a) 9
and (b)-- 10
omit, insert-- 11
`(a) the State or another entity representing the State; or 12
(b) the Commonwealth or another entity representing the 13
Commonwealth; or'. 14
Clause 39 Amendment of s 362 (Easements may be created only by 15
registration) 16
Section 362(1), after `non-freehold land'-- 17
insert-- 18
`(including any lease of non-freehold land or sublease of a 19
lease of non-freehold land)'. 20
Clause 40 Amendment of s 366 (Rights and liabilities created on 21
registration of document) 22
Section 366(2), after `public utility easement'-- 23
insert-- 24
`and is not a public thoroughfare easement'. 25
Clause 41 Amendment of s 369 (Public utility easements) 26
Section 369-- 27
insert-- 28
s 41 31 s 41
Natural Resources and Other Legislation Amendment
Bill 2005
`(4) Further, a public utility easement may be registered for a right 1
of way for the public only if-- 2
(a) the public utility provider under the easement is the 3
State or a local government; and 4
(b) use of the easement is limited to the following-- 5
(i) pedestrians; 6
(ii) vehicles reasonably necessary for the building and 7
maintenance of the easement. 8
`(5) A registered public thoroughfare easement is taken not to be 9
registered under this Act to the extent it-- 10
(a) is inconsistent with the relevant provisions for the 11
easement; or 12
(b) purports to provide other than for a public thoroughfare 13
easement. 14
`(6) Subsection (5) has effect only in relation to public utility 15
easements registered after the commencement of this 16
subsection. 17
`(7) The chief executive may refuse to register a document 18
purporting to create a public thoroughfare easement if the 19
chief executive is satisfied it-- 20
(a) is to any extent inconsistent with the relevant provisions 21
for the easement; or 22
(b) purports to any extent to provide other than for a public 23
thoroughfare easement. 24
`(8) In this section-- 25
pedestrian includes-- 26
(a) anyone who is a pedestrian within the meaning of the 27
Transport Operations (Road Use Management) Act 28
1995; and 29
(b) anyone or anything else whose use of an area is 30
commonly associated with pedestrian use of the area. 31
32
Example for paragraph (b)--
33
a child being pushed in a pram, an animal being taken on a leash
s 42 32 s 44
Natural Resources and Other Legislation Amendment
Bill 2005
relevant provisions, for a public thoroughfare easement, 1
means the provisions about public thoroughfare easements 2
included in-- 3
(a) if the public utility provider under the easement is a 4
local government--the Local Government Act 1993; or 5
(b) if the public utility provider under the easement is the 6
State--the Transport Infrastructure Act 1994.'. 7
Clause 42 Amendment of s 371 (Surrendering an easement) 8
(1) Section 371(2)(a), after `benefited'-- 9
insert-- 10
`by the easement'. 11
(2) Section 371(6), definition owner of the land, after 12
`licensee'-- 13
insert-- 14
`, and also includes a mortgagee in possession'. 15
Clause 43 Amendment of s 372 (End and continuation of 16
easements) 17
(1) Section 372(3) to (5)-- 18
renumber as section 372(4) to (6). 19
(2) Section 372-- 20
insert-- 21
`(3) An easement over a sublease ends when the sublease ends.'. 22
Clause 44 Amendment of s 373A (Covenant by registration) 23
(1) Section 373A(2), from `is the State'-- 24
omit, insert-- 25
`is the State or another entity representing the State, or a local 26
government.'. 27
(2) Section 373A(4)(b)-- 28
s 44 33 s 44
Natural Resources and Other Legislation Amendment
Bill 2005
omit, insert-- 1
`(b) be aimed directly at preserving-- 2
(i) a native animal or plant; or 3
(ii) a natural or physical feature of the land that is of 4
cultural or scientific significance.'. 5
(3) Section 373A(5)-- 6
omit, insert-- 7
`(5) A covenant under this division-- 8
(a) may be a positive covenant or a negative covenant; and 9
(b) is binding on the covenantor and the covenantor's 10
successors in title.'. 11
(4) Section 373A(7), definition use-- 12
omit. 13
(5) Section 373A(7)-- 14
renumber as section 373A(10). 15
(6) Section 373A-- 16
insert-- 17
`(7) The covenant must not-- 18
(a) secure the payment of money or money's worth payable 19
under a condition of a development approval or an 20
infrastructure agreement under the Integrated Planning 21
Act 1997;2 or 22
(b) provide for anything capable of being the subject of a 23
document creating an easement. 24
`(8) For subsection (4)(a), the covenant relates to the use of the 25
land, a part of the land, a building on the land or a building 26
proposed to be built on the land, only if it provides for-- 27
(a) a purpose for which the land, the part or the building 28
must be used; or 29
2 See also, the Integrated Planning Act 1997, sections 2.1.25 and 3.5.37.
s 44 34 s 44
Natural Resources and Other Legislation Amendment
Bill 2005
1
Examples of covenants for paragraph (a)--
2
· that a building on the land must be used for educational
3
purposes
4
· that the land must be used for noise attenuation purposes
(b) a purpose that is the only purpose for which the land, the 5
part or the building may be used; or 6
7
Examples of covenants for paragraph (b)--
8
· that a building on the land may be used only for residential
9
purposes
10
· that the land may be used only for organic farming
(c) a purpose for which the land, the part or the building 11
must not be used. 12
13
Examples of covenants for paragraph (c)--
14
· that a building on the land must not be used for a stated
15
commercial purpose
16
· that the land must not be used for industrial purposes
`(9) For subsection (4)(a), the covenant does not relate to the use 17
of the land, a part of the land, a building on the land or a 18
building proposed to be built on the land, to the extent it 19
provides for-- 20
(a) for a building or proposed building--an architectural, 21
construction or landscaping standard for the building; or 22
(b) a statement, acknowledgement or obligation relating to 23
the use of other land; or 24
25
Examples--
26
· an acknowledgement that the land is in the vicinity of other
27
land and that the other land is used for industrial purposes
28
· a statement that the occupier of other land can not be made
29
the subject of any proceedings relating to the occupier's use
30
of that land
(c) a condition that must be complied with before the land 31
can be used for a stated purpose or any purpose; or 32
33
Example--
34
a condition that a residence can not be built on the land until
35
stated utility services are connected
s 45 35 s 46
Natural Resources and Other Legislation Amendment
Bill 2005
(d) regulation of the conduct of the owner of the land, if the 1
conduct is unrelated to, or is ancillary to, use of the land. 2
3
Examples for paragraph (d)--
4
· an obligation not to start proceedings in relation to activities
5
happening on other land
6
· an obligation not to use the land for residential purposes
7
unless a rainwater tank is installed'.
Clause 45 Insertion of new s 373AA 8
After section 373A-- 9
insert-- 10
`373AACompliance with s 373A 11
`(1) A registered document of covenant is taken not to be 12
registered under this Act to the extent it is inconsistent with 13
section 373A. 14
`(2) Subsection (1) has effect only in relation to documents of 15
covenant registered after the commencement of this section. 16
`(3) The chief executive may refuse to register a document 17
creating or purporting to create a covenant if the chief 18
executive is satisfied it is to any extent inconsistent with 19
section 373A.'. 20
Clause 46 Amendment of s 377 (Registering personal 21
representative) 22
(1) Section 377(2)(b)(ii), `$150000'-- 23
omit, insert-- 24
`$300000'. 25
(2) Section 377(2)(c)-- 26
omit, insert-- 27
`(c) if paragraph (a) does not apply and the lessee, sublessee 28
or licensee died leaving a will-- 29
(i) the person is, or is entitled to be, the deceased's 30
personal representative; or 31
s 47 36 s 48
Natural Resources and Other Legislation Amendment
Bill 2005
(ii) the chief executive considers the person would 1
succeed in an application for a grant of 2
representation.'. 3
Clause 47 Amendment of s 379 (Registering beneficiary) 4
Section 379(2)(a)-- 5
omit, insert-- 6
`(a) the person who is, or is entitled to be, the deceased's 7
personal representative gives written approval; and'. 8
Clause 48 Insertion of new ch 7, pt 3B 9
After section 431N-- 10
insert-- 11
`Part 3B Tidal boundary plans of 12
subdivision 13
`431NADefinitions for pt 3B 14
`In this part-- 15
tidal boundary means a boundary of land that-- 16
(a) is identified with reference to water, however described, 17
that is subject to tidal influence; and 18
19
Example--
20
a boundary established by reference to the Pacific Ocean or to
21
high water mark
(b) having regard to how the boundary is identified, can not 22
appropriately be represented on a plan of subdivision as 23
a straight line boundary. 24
tidal boundary plan of subdivision means a plan of 25
subdivision that includes a section of tidal boundary. 26
`431NBApplication of pt 3B 27
`(1) This part applies if-- 28
s 48 37 s 48
Natural Resources and Other Legislation Amendment
Bill 2005
(a) a tidal boundary plan of subdivision (the new plan of 1
subdivision)-- 2
(i) was lodged on or after 8 November 2005 but 3
before the commencement of this section; or 4
(ii) is lodged after the commencement but before 8 5
November 2008; and 6
(b) the location of a section of tidal boundary (the relevant 7
section), as represented on the new plan of subdivision, 8
is inconsistent with its location as represented on the 9
most recently registered previous plan of subdivision 10
(the earlier plan of subdivision) to include some or all 11
of the relevant section. 12
`(2) The requirements of this part are in addition to, and are not in 13
substitution for, any other provision of this Act that applies to 14
a plan of subdivision. 15
`431NC Prohibition on registration of relevant tidal boundary 16
plan of subdivision 17
`(1) The chief executive must not, without the approval of the 18
Minister under this part, register the new plan of subdivision. 19
`(2) The chief executive's refusal, on or after 8 November 2005, 20
and before the commencement of this section, to register a 21
plan of subdivision is taken to have been a valid refusal under 22
this part if, on the commencement of this section, this part 23
commences to apply in relation to the plan of subdivision. 24
`431ND Approval of Minister in circumstances of accretion 25
or erosion 26
`(1) This section applies if the location of the relevant section on 27
the earlier plan of subdivision was consistent with directions 28
and instructions applying to surveyors when the earlier plan of 29
subdivision was prepared. 30
`(2) The Minister may approve registration of the new plan of 31
subdivision, but only if the Minister is satisfied-- 32
(a) that the difference, as between the earlier plan of 33
subdivision and the new plan of subdivision, in the 34
s 48 38 s 48
Natural Resources and Other Legislation Amendment
Bill 2005
location of the relevant section can appropriately be 1
attributed, in accordance with applicable law, to 2
accretion or erosion; and 3
(b) in relation to the location of the relevant section on the 4
new plan of subdivision, that the registration of the new 5
plan of subdivision, will not, in practical terms, be 6
contrary to the public interest. 7
`431NE Approval of Minister in other limited circumstances 8
`(1) This section applies if-- 9
(a) the location of the relevant section on the earlier plan of 10
subdivision was inconsistent with directions and 11
instructions applying to surveyors when the earlier plan 12
of subdivision was prepared; or 13
(b) there were no relevant directions or instructions 14
applying to surveyors when the earlier plan of 15
subdivision was prepared. 16
`(2) The Minister may approve registration of the new plan of 17
subdivision, but only if the Minister is satisfied, in relation to 18
the location of the relevant section on the new plan of 19
subdivision, that the registration of the new plan of 20
subdivision, will not, in practical terms, be contrary to the 21
public interest. 22
`431NF Limit on application of s 358 (Changing deeds of 23
grant--change in description or boundary of land) 24
`From 8 November 2005 until 7 November 2008, section 25
358(2)(b) does not apply to a tidal boundary. 26
`431NG No compensation for operation of this part 27
`A person is not entitled to compensation from the State under 28
this Act, or otherwise, for deprivation of an interest in land, or 29
for loss or damage of any kind, arising out of the operation of 30
this part, including, in particular-- 31
s 49 39 s 49
Natural Resources and Other Legislation Amendment
Bill 2005
(a) the Minister's refusal to approve, under this part, the 1
registration of a plan of subdivision; or 2
(b) the chief executive's refusal, under this part, to register a 3
plan of subdivision; or 4
(c) the non-application, under section 431NF, of section 5
358(2)(b) to tidal boundaries.'. 6
Clause 49 Amendment of sch 6 (Dictionary) 7
(1) Schedule 6, definition lopping-- 8
omit. 9
(2) Schedule 6-- 10
insert-- 11
`deposit means file in the land registry other than for 12
registration. 13
earlier plan of subdivision, for chapter 7, part 3B, see section 14
431NB. 15
lopping, a tree, means cutting or pruning branches of the tree, 16
but does not include-- 17
(a) removing the trunk of the tree; or 18
(b) cutting or pruning branches of the tree so severely that 19
the tree is likely to die. 20
new plan of subdivision, for chapter 7, part 3B, see section 21
431NB. 22
relevant section, for chapter 7, part 3B, see section 431NB. 23
tidal boundary, for chapter 7, part 3B, see section 431NA. 24
tidal boundary plan of subdivision, for chapter 7, part 3B, see 25
section 431NA.'. 26
s 50 40 s 51
Natural Resources and Other Legislation Amendment
Bill 2005
Part 4 Amendment of Land Title Act 1
1994 2
Clause 50 Act amended in pt 4 3
This part amends the Land Title Act 1994. 4
Clause 51 Insertion of new s 9A 5
Part 2, division 1, after section 9-- 6
insert-- 7
`9A Land title practice manual 8
`(1) The registrar may keep a manual of land title practice (by 9
whatever name called) in the way the registrar considers 10
appropriate, for the information and guidance of land registry 11
staff and persons dealing with the land registry. 12
`(2) The manual may include-- 13
(a) directions given by the registrar under section 10(1)(b); 14
and 15
(b) directions given by the chief executive under the Land 16
Act 1994, section 287(1)(b); and 17
(c) practices developed in the land registry, before or after 18
the commencement of this section, for the depositing 19
and lodging of instruments, including practices directed 20
at ensuring that-- 21
(i) there is consistency and efficiency in land registry 22
processes; and 23
(ii) each register under this Act is an accurate, 24
comprehensive and useable record; and 25
(iii) the integrity of the registers included in the land 26
registry is supported and maintained to the greatest 27
practicable extent. 28
`(3) The manual may include statements about additional 29
information a person may be required to produce, or 30
s 52 41 s 53
Natural Resources and Other Legislation Amendment
Bill 2005
additional instruments or documents a person may be required 1
to deposit, under section 156.3 2
`(4) The registrar must make the manual available to the public in 3
the way the registrar considers appropriate. 4
`(5) Without limiting subsection (4), the registrar must ensure an 5
up-to-date copy of the manual is available to be read free of 6
charge at each office of the land registry.'. 7
Clause 52 Amendment of s 10 (Form of instruments) 8
(1) Section 10(1), from `must'-- 9
omit, insert-- 10
`must-- 11
(a) be in the appropriate form; and 12
(b) comply with the directions of the registrar about-- 13
(i) how the appropriate form must be filled in; or 14
(ii) how information to be included in or given with the 15
instrument must be included or given.'. 16
(2) Section 10-- 17
insert-- 18
`(4) Also, the registrar may register, or otherwise deal with, an 19
instrument that does not comply with a direction mentioned in 20
subsection (1)(b) if the registrar is satisfied it is reasonable to 21
not require the compliance.'. 22
Clause 53 Insertion of new ss 11A and 11B 23
After section 11-- 24
insert-- 25
3 Section 156 (Requisitions)
s 53 42 s 53
Natural Resources and Other Legislation Amendment
Bill 2005
`11A Original mortgagee to confirm identity of 1
mortgagor 2
`(1) This section applies to the mortgaging of a lot or an interest in 3
a lot. 4
`(2) Before the instrument of mortgage is lodged for registration, 5
the mortgagee under the instrument (the original mortgagee) 6
must take reasonable steps to ensure the person who executed 7
the instrument as mortgagor is identical with the person who 8
is, or who is about to become, the registered proprietor of the 9
lot or the interest in a lot. 10
`(3) Without limiting subsection (2), the original mortgagee takes 11
reasonable steps under the subsection if the original 12
mortgagee complies with practices included in the manual of 13
land title practice under section 9A(2)(c) for the verification 14
of identification of mortgagors. 15
`(4) The original mortgagee must, for 7 years after the instrument 16
of mortgage is registered, and whether or not there is 17
registered a transfer of the interest constituted by the 18
mortgage-- 19
(a) keep, in the approved form, a written record of the steps 20
taken under subsection (2); or 21
(b) keep originals or copies of the documents and other 22
evidence provided to or otherwise obtained by the 23
original mortgagee in complying with subsection (2). 24
Maximum penalty--20 penalty units. 25
`(5) The registrar may, whether before or after the registration of 26
the mortgage, and whether or not there has been registered a 27
transfer of the interest constituted by the mortgage, ask the 28
original mortgagee-- 29
(a) to advise the registrar about the steps taken by the 30
original mortgagee under subsection (2); and 31
(b) to produce for the registrar's inspection the written 32
record mentioned in subsection (4)(a) or the originals or 33
copies mentioned in subsection (4)(b). 34
s 53 43 s 53
Natural Resources and Other Legislation Amendment
Bill 2005
`(6) The original mortgagee must comply with a request under 1
subsection (5) unless the original mortgagee has a reasonable 2
excuse. 3
Maximum penalty--20 penalty units. 4
`(7) This section applies to an instrument of mortgage only if it is 5
executed after the commencement of this section. 6
`11B Mortgage transferee to confirm identity of 7
mortgagor 8
`(1) This section applies to the transfer of the interest constituted 9
by the mortgage of a lot or an interest in a lot. 10
`(2) Before the instrument of transfer is lodged for registration, the 11
transferee under the instrument of transfer (the mortgage 12
transferee) must take reasonable steps to ensure the person 13
who executed the instrument of mortgage as mortgagor was 14
identical with the person who, when the instrument of 15
mortgage was executed, was, or was about to become, the 16
registered proprietor of the lot, or the interest in a lot. 17
`(3) Without limiting subsection (2), the mortgage transferee takes 18
reasonable steps under the subsection if the mortgage 19
transferee complies with practices included in the manual of 20
land title practice under section 9A(2)(c) for the verification 21
of identification of mortgagors. 22
`(4) The mortgagee transferee must, for 7 years after the 23
instrument of transfer of the mortgage is registered, and 24
whether or not there is registered a further transfer of the 25
interest constituted by the mortgage-- 26
(a) keep, in the approved form, a written record of the steps 27
taken under subsection (2); or 28
(b) keep originals or copies of the documents and other 29
evidence provided to or otherwise obtained by the 30
mortgage transferee in complying with subsection (2). 31
Maximum penalty--20 penalty units. 32
`(5) The registrar may, whether before or after the registration of 33
the instrument of transfer of the mortgage, and whether or not 34
s 54 44 s 54
Natural Resources and Other Legislation Amendment
Bill 2005
there has been registered a further transfer of the interest 1
constituted by the mortgage, ask the mortgage transferee-- 2
(a) to advise the registrar about the steps taken by the 3
mortgage transferee under subsection (2); and 4
(b) to produce for the registrar's inspection the written 5
record mentioned in subsection (4)(a) or the originals or 6
copies mentioned in subsection (4)(b). 7
`(6) The mortgage transferee must comply with a request under 8
subsection (5) unless the mortgage transferee has a reasonable 9
excuse. 10
Maximum penalty--20 penalty units. 11
`(7) This section applies to an instrument of transfer of a mortgage 12
only if the instrument of transfer is executed after the 13
commencement of this section. 14
`(8) However, this section applies in relation to an instrument of 15
mortgage whenever executed.'. 16
Clause 54 Amendment of s 15 (Registrar may correct registers) 17
(1) Section 15(2) to (5)-- 18
renumber as section 15(5) to (8). 19
(2) Section 15-- 20
insert-- 21
`(2) Without limiting subsection (1), the registrar may correct a 22
register under the subsection if-- 23
(a) the register is incorrect because the registrar has 24
incorrectly recorded a particular or registered an 25
instrument; or 26
(b) the registrar has held an inquiry under division 4, and 27
has decided that the register is incorrect, including for 28
example, because there has been fraud affecting the 29
register. 30
`(3) The registrar may correct a register kept by the registrar, 31
whether or not the correction will prejudice the rights of the 32
holder of an interest recorded in the register, if-- 33
s 55 45 s 56
Natural Resources and Other Legislation Amendment
Bill 2005
(a) the register to be corrected is the freehold land register, 1
and the correction is to show, in relation to a lot, an 2
easement the particulars of which have been omitted 3
from, or misdescribed in, the register; or 4
(b) the Supreme Court has ordered the correction under 5
section 26. 6
`(4) Section 185(3), (4) and (6) applies for subsection (3)(a) in the 7
same way it applies for section 185(1)(c).'. 8
(3) Section 15(8), as renumbered, examples-- 9
omit. 10
Clause 55 Amendment of s 17 (Registrar may prepare and register 11
caveat) 12
(1) Section 17(1), from `in favour of'-- 13
omit, insert-- 14
`, or an interest in a lot, in favour of a person.'. 15
(2) Section 17(2)(a), `the State'-- 16
omit, insert-- 17
`a State'. 18
(3) Section 17(2)(f)-- 19
omit, insert-- 20
`(f) a person to whom a notice has been given, or has been 21
required to be given, under section 30(3); or 22
`(g) a person, other than a person mentioned in any of 23
paragraphs (a) to (f), who has an interest in the lot.'. 24
(4) Section 17(4), `Subsection (2)(f)'-- 25
omit, insert-- 26
`Subsection (2)(g)'. 27
Clause 56 Amendment of s 19 (Registrar may decide to hold 28
inquiry) 29
(1) Section 19(c)-- 30
s 57 46 s 58
Natural Resources and Other Legislation Amendment
Bill 2005
renumber as section 19(e). 1
(2) Section 19-- 2
insert-- 3
`(c) to consider whether a fraud affecting the land registry 4
has otherwise been committed; or 5
(d) to otherwise consider an issue arising from the lodgment 6
or registration of an instrument in the land registry; or'. 7
Clause 57 Amendment of s 23 (Notice to witness) 8
(1) Section 23(2)-- 9
renumber as section 23(3). 10
(2) Section 23-- 11
insert-- 12
`(2) Without limiting subsection (1), any of the following persons 13
may be required to attend the inquiry-- 14
(a) a person who may have helped another person act 15
fraudulently or wrongfully in a way mentioned in 16
section 19(b); 17
(b) a person who is a party to a transaction that may have 18
resulted in a fraud affecting the land registry; 19
(c) a person who may have contributed directly or indirectly 20
to a fraud affecting the land registry.'. 21
Clause 58 Amendment of s 26 (Other referrals by the registrar to the 22
Supreme Court) 23
Section 26-- 24
insert-- 25
`(c) refer a finding of an inquiry to the Supreme Court, 26
seeking-- 27
(i) an order for the registrar or another person to take a 28
stated action, including for example an order for 29
the registrar to correct a register; or 30
s 59 47 s 60
Natural Resources and Other Legislation Amendment
Bill 2005
(ii) an order the court considers appropriate in the 1
circumstances.'. 2
Clause 59 Amendment of s 30 (Registrar must register instruments) 3
(1) Section 30(1)(b)-- 4
omit, insert-- 5
`(b) the instrument is not inconsistent with another Act or 6
law; and 7
(c) if the instrument is a plan of survey--it is not 8
inconsistent with another plan of survey.'. 9
(2) Section 30-- 10
insert-- 11
`(3) If the instrument is a plan of survey and it is inconsistent with 12
another plan of survey, the registrar may-- 13
(a) give a written notice to a registered proprietor of a lot 14
that may be affected by registration of the plan of 15
survey; or 16
(b) require the person who lodged the instrument to give a 17
written notice, in the way the registrar requires, to a 18
person mentioned in paragraph (a).'. 19
Clause 60 Replacement of s 32 (Registrar must give distinguishing 20
reference to each instrument) 21
Section 32-- 22
omit, insert-- 23
`32 Registrar's procedures on lodgment and 24
registration of instrument 25
`(1) When an instrument is lodged in the land registry, the registrar 26
must note on the instrument-- 27
(a) the date and time of lodgment; and 28
(b) an identifying reference. 29
s 61 48 s 62
Natural Resources and Other Legislation Amendment
Bill 2005
`(2) When the instrument is registered, the registrar must record 1
the information mentioned in subsection (1)(a) and (b) in the 2
appropriate register.'. 3
Clause 61 Amendment of s 34 (Other information not part of the 4
freehold land register) 5
Section 34-- 6
insert-- 7
`(2) The information may include information given to the 8
registrar by another entity. 9
`(3) A relevant entity is not civilly liable for an act done, or 10
omission made, honestly and without negligence in relation to 11
the giving or keeping of information under this section. 12
`(4) Without limiting subsection (3), a relevant entity other than 13
the registrar is not civilly liable in relation to the giving or 14
keeping of inaccurate information under this section if the 15
relevant entity did not give the information to the registrar for 16
keeping under this section. 17
`(5) In this section-- 18
relevant entity means-- 19
(a) the registrar; or 20
(b) the chief executive; or 21
(c) the Minister; or 22
(d) the State.'. 23
Clause 62 Amendment of s 35 (Entitlement to search register) 24
(1) Section 35(1), from `At' to `may'-- 25
omit, insert-- 26
`A person may, on payment of the fee prescribed under a 27
regulation'. 28
(2) Section 35-- 29
insert-- 30
s 63 49 s 63
Natural Resources and Other Legislation Amendment
Bill 2005
`(3) A search under subsection (1) may be carried out at, or a copy 1
mentioned in subsection (1) obtained from, an office of the 2
land registry during office hours on a day the land registry is 3
open for business. 4
`(4) Also, a search under subsection (1) may be carried out at, or a 5
copy mentioned in subsection (1) obtained from, the website 6
of an entity engaged by the chief executive for allowing 7
persons to search the land registry or obtain copies of 8
indefeasible titles, registered or other instruments, or 9
information, kept in the registry. 10
`(5) The registrar may allow a person to carry out a search under 11
subsection (1)(a) for-- 12
(a) only part of an indefeasible title for a lot; or 13
(b) only part of an instrument; or 14
(c) only part of the information about an instrument. 15
`(6) The registrar may enter into an arrangement with another 16
department allowing the department to carry out a search, or 17
obtain a copy, under this section without payment of the fee 18
mentioned in subsection (1). 19
`(7) However, the registrar may enter into an arrangement under 20
subsection (6) only if the registrar is reasonably satisfied the 21
information obtained from the search or the copy will not 22
be-- 23
(a) used for a commercial purpose, including, for example, 24
the marketing or sale of the information or other 25
information; or 26
(b) included in another database of information, in any 27
form, other than with approval from the registrar.'. 28
Clause 63 Amendment of s 48E (Explanatory format plan) 29
(1) Section 48E(2) and (3)-- 30
omit. 31
(2) Section 48E(4)-- 32
renumber as section 48E(2). 33
s 64 50 s 67
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 64 Amendment of s 49C (Building format plan of 1
subdivision) 2
Section 49C(4), from `directions' to `subdivision,'-- 3
omit, insert-- 4
`a direction given by the registrar under section 10(1)(b),'. 5
Clause 65 Amendment of s 50 (Requirements for registration of plan 6
of subdivision) 7
(1) Section 50(i)-- 8
omit. 9
(2) Section 50(ca) to (h)-- 10
renumber as section 50(d) to (i). 11
Clause 66 Amendment of s 51 (Dedication of public use land in 12
plan) 13
Section 51-- 14
insert-- 15
`(4) Subsection (5) applies to an easement over a lot if-- 16
(a) the easement is an easement for providing access or a 17
right of way, including a public thoroughfare easement; 18
and 19
(b) the lot or a part of the lot is dedicated for a road under 20
subsection (2). 21
`(5) The easement is extinguished to the extent it is over the lot or 22
the part of the lot dedicated for the road.'. 23
Clause 67 Insertion of new s 51A 24
After section 51-- 25
insert-- 26
`51A Access for public use land 27
`A plan of subdivision providing for the dedication of a lot to 28
public use, other than as a road, may be registered only if-- 29
s 68 51 s 69
Natural Resources and Other Legislation Amendment
Bill 2005
(a) on registration, access to the lot will be available 1
through a road or a public thoroughfare easement; or 2
(b) the Minister administering the Land Act 1994 has 3
approved that the plan of subdivision may be registered 4
without access to the lot being available.'. 5
Clause 68 Amendment of s 54A (Building management statement 6
may be registered) 7
Section 54A(3)-- 8
omit, insert-- 9
`(3) At least 1 of the lots to which a building management 10
statement applies must be a lot entirely or partly contained in, 11
or entirely or partly containing, 1 or more buildings. 12
`(4) A building management statement complying with subsection 13
(3) may also apply to a lot the subject of a building 14
development approval. 15
`(5) If a lot to which a building management statement applies is 16
the subject of a plan of subdivision, the statement applies to 17
each lot created by the registration of the plan. 18
`(6) In this section-- 19
building development approval means a development 20
approval, under the Integrated Planning Act 1997, for 21
development relating to a proposed building or buildings.'. 22
Clause 69 Insertion of new s 54AA 23
After section 54A-- 24
insert-- 25
`54AA Single area for lots to which building management 26
statement applies 27
`(1) The lots to which a building management statement applies 28
must form a single, continuous area of land. 29
`(2) A number of lots are taken to form a single, continuous area 30
of land even if there is a road or watercourse within the 31
external boundaries of the area comprising of the lots. 32
s 70 52 s 72
Natural Resources and Other Legislation Amendment
Bill 2005
`(3) Despite subsection (1), a building management statement may 1
apply to lots that do not form a single, continuous area of land 2
if the registrar is satisfied, on reasonable grounds, that all the 3
lots are located within an area that is sufficiently limited to 4
ensure the effective and efficient application of the provisions 5
of this division.'. 6
Clause 70 Amendment of s 54B (Circumstances under which 7
building management statement may be registered) 8
Section 54B(1), from `registered'-- 9
omit, insert-- 10
`registered only if it is signed by the registered owners of all 11
lots to which the statement applies.'. 12
Clause 71 Amendment of s 54C (Content of building management 13
statement) 14
Section 54C(2)-- 15
insert-- 16
`(i) proposed future development.'. 17
Clause 72 Amendment of s 54H (Extinguishing a building 18
management statement) 19
(1) Section 54H-- 20
insert-- 21
`(1A) A building management statement may be extinguished in 22
part to remove a lot that is not contained in, or does not 23
contain, a building or a part of a building, by registering an 24
instrument of partial extinguishment of the building 25
management statement.'. 26
(2) Section 54H(2), after `extinguishment'-- 27
insert-- 28
`or partial extinguishment'. 29
(3) Section 54H(3), after `extinguished'-- 30
s 73 53 s 73
Natural Resources and Other Legislation Amendment
Bill 2005
insert-- 1
`or partially extinguished'. 2
(4) Section 54H(1A) to (3)-- 3
renumber as section 54H(2) to (4). 4
Clause 73 Amendment of s 54I (Lots constituted by community 5
titles scheme) 6
(1) Section 54I(a), from `(other' to `scheme)'-- 7
omit. 8
(2) Section 54I(b)-- 9
omit, insert-- 10
`(b) for the signing of the statement, or an amendment, 11
extinguishment or partial extinguishment of the 12
statement, by the registered owner of the lot, the body 13
corporate for the scheme is taken to be the registered 14
owner.'. 15
(3) Section 54I-- 16
insert-- 17
`(2) To remove any doubt, it is declared that if a building 18
management statement applies to scheme land for a 19
community titles scheme, the building management statement 20
is binding on the community titles scheme. 21
`(3) Also, if the building management statement provides for the 22
establishment and operation of a management group, a 23
decision made by the management group under the building 24
management statement is binding on the community titles 25
scheme. 26
`(4) Subsections (2) and (3) have effect despite section 974 of the 27
BCCM Act. 28
`(5) To remove any doubt, it is declared that if a building 29
management statement applies to scheme land for a 30
community titles scheme, registration of the building 31
4 Section 97 (No delegation of body corporate's powers) of the BCCM Act
s 74 54 s 77
Natural Resources and Other Legislation Amendment
Bill 2005
management statement does not, and can not, give the body 1
corporate of the community titles scheme an interest in any 2
particular lot included in the scheme.'. 3
Clause 74 Amendment of s 72 (Mortgaging lot etc. by registration) 4
Section 72-- 5
insert-- 6
`(2) However, a mortgage is not an interest in a lot that can be 7
mortgaged.'. 8
Clause 75 Amendment of s 81A (Definitions for div 4) 9
(1) Section 81A-- 10
insert-- 11
`public thoroughfare easement means a public utility 12
easement provided for under section 89(3).'. 13
(2) Section 81A, definition public utility provider, paragraphs (a) 14
and (b)-- 15
omit, insert-- 16
`(a) the State or another entity representing the State; or 17
(b) the Commonwealth or another entity representing the 18
Commonwealth; or'. 19
Clause 76 Amendment of s 85B (Rights and liabilities created on 20
registration of instrument) 21
Section 85B(2), after `in favour of a public utility provider'-- 22
insert-- 23
`and is not a public thoroughfare easement'. 24
Clause 77 Amendment of s 89 (Easements for public utility 25
providers) 26
Section 89-- 27
insert-- 28
s 77 55 s 77
Natural Resources and Other Legislation Amendment
Bill 2005
`(3) Further, a public utility easement mentioned in subsection (1) 1
may be registered for a right of way for the public only if-- 2
(a) the public utility provider under the easement is the 3
State or a local government; and 4
(b) use of the easement is limited to the following-- 5
(i) pedestrians; 6
(ii) vehicles reasonably necessary for the building and 7
maintenance of the easement. 8
`(4) A registered public thoroughfare easement is taken not to be 9
registered under this Act to the extent it-- 10
(a) is inconsistent with the relevant provisions for the 11
easement; or 12
(b) purports to provide other than for a public thoroughfare 13
easement. 14
`(5) Subsection (4) has effect only in relation to public utility 15
easements registered after the commencement of this 16
subsection. 17
`(6) The registrar may refuse to register an instrument of easement 18
purporting to be a public thoroughfare easement if the 19
registrar is satisfied it-- 20
(a) is to any extent inconsistent with the relevant provisions 21
for the easement; or 22
(b) purports to any extent to provide other than for a public 23
thoroughfare easement. 24
`(7) In this section-- 25
pedestrian includes-- 26
(a) anyone who is a pedestrian within the meaning of the 27
Transport Operations (Road Use Management) Act 28
1995; and 29
(b) anyone or anything else whose use of an area is 30
commonly associated with pedestrian use of the area. 31
32
Example for paragraph (b)--
33
a child being pushed in a pram, an animal being taken on a leash
s 78 56 s 79
Natural Resources and Other Legislation Amendment
Bill 2005
relevant provisions, for a public thoroughfare easement, 1
means the provisions about public thoroughfare easements 2
included in-- 3
(a) if the public utility provider under the easement is a 4
local government--the Local Government Act 1993; or 5
(b) if the public utility provider under the easement is the 6
State--the Transport Infrastructure Act 1994.'. 7
Clause 78 Amendment of s 90 (Surrendering an easement) 8
(1) Section 90(2)(a)-- 9
omit, insert-- 10
`(a) the owner of the lot burdened by the easement and the 11
owner of the lot benefited by the easement; or'. 12
(2) Section 90(2)(b), `registered'-- 13
omit. 14
(3) Section 90-- 15
insert-- 16
`(5) In this section-- 17
owner, of a lot, means-- 18
(a) the registered owner of the lot; or 19
(b) if the mortgagee of the registered owner is in 20
possession--the mortgagee in possession.'. 21
Clause 79 Amendment of s 97A (Covenant by registration) 22
(1) Section 97A(2), from `is the State'-- 23
omit, insert-- 24
`is the State or another entity representing the State, or a local 25
government.'. 26
(2) Section 97A(3)(b)-- 27
omit, insert-- 28
`(b) be aimed directly at preserving-- 29
s 79 57 s 79
Natural Resources and Other Legislation Amendment
Bill 2005
(i) a native animal or plant; or 1
(ii) a natural or physical feature of the lot that is of 2
cultural or scientific significance; or'. 3
(3) Section 97A(6)-- 4
omit, insert-- 5
`(6) The covenant must not-- 6
(a) secure the payment of money or money's worth payable 7
under a condition of a development approval or an 8
infrastructure agreement under the Integrated Planning 9
Act 1997;5 or 10
(b) provide for anything capable of being the subject of an 11
instrument of easement. 12
`(7) For subsection (3)(a), the covenant relates to the use of the lot, 13
a part of the lot, a building on the lot or a building proposed to 14
be built on the lot, only if it provides for-- 15
(a) a purpose for which the lot, the part or the building must 16
be used; or 17
18
Examples of covenants for paragraph (a)--
19
· that a building on the lot must be used for educational
20
purposes
21
· that the lot must be used for noise attenuation purposes
(b) a purpose that is the only purpose for which the lot, the 22
part or the building may be used; or 23
24
Examples of covenants for paragraph (b)--
25
· that a building on the lot may be used only for residential
26
purposes
27
· that the lot may be used only for organic farming
(c) a purpose for which the lot, the part or the building must 28
not be used. 29
30
Examples of covenants for paragraph (c)--
31
· that a building on the lot must not be used for a stated
32
commercial purpose
5 See also, the Integrated Planning Act 1997, sections 2.1.25 and 3.5.37.
s 80 58 s 80
Natural Resources and Other Legislation Amendment
Bill 2005
1
· that the lot must not be used for industrial purposes
`(8) For subsection (3)(a), the covenant does not relate to the use 2
of the lot, a part of the lot, a building on the lot or a building 3
proposed to be built on the lot, to the extent it provides for-- 4
(a) for a building or proposed building--an architectural, 5
construction or landscaping standard for the building; or 6
(b) a statement, acknowledgement or obligation relating to 7
the use of land other than the lot; or 8
9
Examples--
10
· an acknowledgement that the lot is in the vicinity of other
11
land and that the other land is used for industrial purposes
12
· a statement that the occupier of other land can not be made
13
the subject of any proceedings relating to the occupier's use
14
of that land
(c) a condition that must be complied with before the lot 15
can be used for a stated purpose or any purpose; or 16
17
Example--
18
a condition that a residence can not be built on the lot until stated
19
utility services are connected
(d) regulation of the conduct of the owner of the lot, if the 20
conduct is unrelated to, or is ancillary to, use of the lot. 21
22
Examples for paragraph (d)--
23
· an obligation not to start proceedings in relation to activities
24
happening on land other than the lot
25
· an obligation not to use the lot for residential purposes
26
unless a rainwater tank is installed'.
Clause 80 Insertion of new s 97AA 27
After section 97A-- 28
insert-- 29
`97AA Compliance with s 97A 30
`(1) A registered instrument of covenant is taken not to be 31
registered under this Act to the extent it is inconsistent with 32
section 97A. 33
s 81 59 s 81
Natural Resources and Other Legislation Amendment
Bill 2005
`(2) Subsection (1) has effect only in relation to instruments of 1
covenant registered after the commencement of this section. 2
`(3) The registrar may refuse to register an instrument purporting 3
to be an instrument of covenant if the registrar is satisfied it is 4
to any extent inconsistent with section 97A.'. 5
Clause 81 Replacement of s 98 (Application may not be made about 6
encroachment) 7
Section 98-- 8
omit, insert-- 9
`98 Application may not be made about particular 10
matters 11
`(1) An application may not be made under this division if the 12
application-- 13
(a) relates to only a part of a lot; or 14
(b) is for a lot that may be created in the future by the 15
registration of a plan of subdivision; or 16
(c) is for a lot the registered owner of which is-- 17
(i) the State or another entity representing the State; or 18
(ii) a local government; or 19
(d) relates to possession arising out of an encroachment. 20
`(2) In this section-- 21
encroachment means-- 22
(a) an encroachment within the meaning of the Property 23
Law Act 1974, part 11, division 1; or 24
(b) the enclosure of a part of a lot with another lot, if-- 25
(i) the enclosure is established by the use of a wall, 26
fence, hedge, ditch, garden bed or other way of 27
marking the boundary between the lots; and 28
(ii) the wall, fence, hedge, ditch, garden bed or other 29
way of marking the boundary is not on the true 30
boundary between the lots as shown on a registered 31
plan of subdivision.'. 32
s 82 60 s 84
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 82 Amendment of s 99 (Application for registration) 1
Section 99(2)(b)-- 2
omit, insert-- 3
`(b) the names and addresses, for service of notices, of all 4
registered proprietors and occupiers of lots adjoining the 5
lot.'. 6
Clause 83 Amendment of s 105 (Lapsing of caveat) 7
(1) Section 105(1), `is not satisfied'-- 8
omit. 9
(2) Section 105(1)(a), before `that'-- 10
insert-- 11
`is not satisfied'. 12
(3) Section 105(1)(b), before `that'-- 13
insert-- 14
`is satisfied'. 15
(4) Section 105(1)(b), `not'-- 16
omit. 17
Clause 84 Replacement of s 106 (Reviving or replacing caveat) 18
Section 106-- 19
omit, insert-- 20
`106 Further caveat 21
`While the applicant's application as adverse possessor is still 22
current, a further caveat of the caveator can never be lodged in 23
relation to the interest claimed on the same, or substantially 24
the same, grounds unless the leave of the Supreme Court to 25
lodge the further caveat has been granted.'. 26
s 85 61 s 87
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 85 Amendment of s 107 (Refusing or compromising 1
application) 2
(1) Section 107(1)(a), `; or'-- 3
omit, insert-- 4
`; and'. 5
(2) Section 107(1)(b), `if the caveator agrees,'-- 6
omit. 7
(3) Section 107(3), `proprietor'-- 8
omit, insert-- 9
`holder'. 10
(4) Section 107-- 11
insert-- 12
`(3A) Also, the caveator must, within the 1 month mentioned in 13
subsection (3), give written notice to the registrar that the 14
proceeding has started.'. 15
Clause 86 Amendment of s 108 (Registering adverse possessor 16
as owner) 17
(1) Section 108(1)(b)(ii)-- 18
omit, insert-- 19
`(ii) a further caveat has not been lodged under section 20
106.'. 21
(2) Section 108(2)-- 22
omit. 23
Clause 87 Insertion of new ss 108A and 108B 24
Part 6, division 5, after section 108-- 25
insert-- 26
`108A Requirements for part of a lot 27
`(1) If, under section 108, the registrar proposes to register the 28
applicant as owner of only a part (the relevant part) of the lot 29
s 87 62 s 87
Natural Resources and Other Legislation Amendment
Bill 2005
(the relevant lot), the registrar may require the applicant to 1
lodge a plan of subdivision for the relevant lot, subdividing 2
the relevant lot into the following lots-- 3
(a) a lot made up of the relevant part; 4
(b) a lot made up of the remainder of the relevant lot. 5
`(2) The applicant may sign the plan of subdivision as if the 6
applicant were the registered owner of the relevant lot. 7
`(3) However-- 8
(a) the plan of subdivision must comply with section 50; 9
and 10
(b) despite the outcome of the applicant's application as an 11
adverse possessor, the registrar can not proceed under 12
section 108 to register the applicant as owner of the 13
relevant part if section 50 can not be complied with. 14
`(4) The registrar may require that the giving of public notice 15
under section 18(3) and the giving of written notice under 16
section 103(1) be delayed until the applicant satisfies the 17
registrar that the applicant will be able to lodge a plan of 18
subdivision complying with section 50. 19
`108B Consequences of registration 20
`If, under section 108, the registrar registers the applicant as 21
owner of the lot or a part of the lot, the registrar must-- 22
(a) cancel the registration of the person previously 23
registered as the owner of the lot or the part of the lot; 24
and 25
(b) create in the applicant's name an indefeasible title free 26
from all other interests in the lot or the part, other than 27
the following-- 28
(i) any estate, interest, claim, encumbrance or notice 29
registered in favour of an entity that is a public 30
utility provider under division 4; 31
(ii) any easement or profit a prendre registered over the 32
lot when the application was made under section 33
99; 34
s 88 63 s 90
Natural Resources and Other Legislation Amendment
Bill 2005
(iii) any covenant that, under division 4A, was 1
registered over the lot when the application was 2
made under section 99.'. 3
Clause 88 Amendment of s 111 (Registering personal 4
representative) 5
(1) Section 111(2)(b)(ii), `$150000' 6
omit, insert-- 7
`$300000'. 8
(2) Section 111(2)(c)-- 9
omit, insert-- 10
`(c) if paragraph (a) does not apply and the registered 11
proprietor died leaving a will-- 12
(i) the person is or is entitled to be the deceased's 13
personal representative; or 14
(ii) the registrar considers the person would succeed in 15
an application for a grant of representation.'. 16
Clause 89 Amendment of s 112 (Registering beneficiary) 17
Section 112(2)(a)(i)-- 18
omit, insert-- 19
`(i) the person who is or is entitled to be the deceased's 20
personal representative; or'. 21
Clause 90 Amendment of s 115K (Recording community 22
management statements) 23
(1) Section 115K(1)(c)-- 24
omit. 25
(2) Section 115K(1)(d), `otherwise'-- 26
omit. 27
(3) Section 115K(1)(d) and (e)-- 28
renumber as section 115K(1)(c) and (d). 29
s 91 64 s 93
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 91 Amendment of s 121 (Requirements of caveats) 1
Section 121(3), after `Act'-- 2
insert-- 3
`other than a caveat prepared and registered by the registrar 4
under section 17'. 5
Clause 92 Replacement of s 129 (Further caveat) 6
Section 129-- 7
omit, insert-- 8
`129 Further caveat 9
`(1) This section applies if a caveat (the original caveat) is lodged 10
in relation to an interest. 11
`(2) A further caveat with the same caveator can never be lodged 12
in relation to the interest on the same, or substantially the 13
same, grounds as the grounds stated in the original caveat 14
unless the leave of a court of competent jurisdiction to lodge 15
the further caveat has been granted.'. 16
Clause 93 Replacement of s 137 (Acts for minors and by attorneys 17
etc.) 18
Section 137-- 19
omit, insert-- 20
`136 Act for a minor 21
`(1) This section applies if-- 22
(a) this Act requires or permits an act to be done by or in 23
relation to a person (the relevant person); and 24
(b) the relevant person is a minor; and 25
(c) no person has authority under this or another Act to act 26
for the relevant person for the act. 27
`(2) A person suitably authorised by a court of competent 28
jurisdiction may act for the relevant person for the act. 29
s 94 65 s 94
Natural Resources and Other Legislation Amendment
Bill 2005
`137 Act for other person lacking capacity 1
`(1) This section applies if-- 2
(a) this Act requires or permits an act to be done by or in 3
relation to a person (the relevant person); and 4
(b) the relevant person is not a minor; and 5
(c) the relevant person does not have capacity for the act. 6
`(2) Subject to the operation of the Guardianship and 7
Administration Act 2000 and the Powers of Attorney Act 1998, 8
a qualified person may act for the relevant person for the act. 9
`(3) In this section-- 10
capacity, for the relevant person for the act, means the relevant 11
person is capable of-- 12
(a) understanding the nature and effect of decisions about 13
the act; and 14
(b) freely and voluntarily making decisions about the act; 15
and 16
(c) communicating the decisions in some way. 17
qualified person means-- 18
(a) an administrator for the relevant person appointed under 19
the Guardianship and Administration Act 2000; or 20
(b) a person suitably authorised by the relevant person 21
under an enduring power of attorney under the Powers 22
of Attorney Act 1998.'. 23
Clause 94 Replacement of s 146 (No further settlement notice for 24
same transaction) 25
Section 146-- 26
omit, insert-- 27
`146 Further settlement notice 28
`(1) This section applies if, under section 140, a settlement notice 29
is deposited by or for a transferee in relation to a transaction. 30
`(2) A further settlement notice can never be deposited in relation 31
to the same transaction unless the leave of a court of 32
s 95 66 s 96
Natural Resources and Other Legislation Amendment
Bill 2005
competent jurisdiction to deposit the further settlement notice 1
has been granted.'. 2
Clause 95 Amendment of s 154 (Lodging certificate of title) 3
(1) Section 154(2)(c)-- 4
omit, insert-- 5
`(c) any caveat;'. 6
(2) Section 154(2)(f)-- 7
renumber as section 154(2)(h). 8
(3) Section 154(2)-- 9
insert-- 10
`(f) a request to register an instrument of amendment, 11
extinguishment or partial extinguishment of a building 12
management statement, if the request is accompanied by 13
the evidence the registrar reasonably requires to allow 14
the registration of the instrument; 15
16
Example of evidence the registrar might require--
17
a certified copy of the notice of a meeting and a certified copy of
18
the minutes of the meeting, including a record of a resolution
19
agreed to at the meeting
`(g) a request to record the vesting of a lot, or of an interest 20
in a lot, if the vesting is in favour of the State or another 21
entity representing the State;'. 22
Clause 96 Amendment of s 155 (Correcting unregistered 23
instruments) 24
Section 155(2), from `correction on'-- 25
omit, insert-- 26
`correction-- 27
(a) on the instrument; or 28
(b) if the instrument is in electronic form--in the 29
appropriate register.'. 30
s 97 67 s 98
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 97 Amendment of s 156 (Requisitions) 1
(1) Section 156(1), after `other document'-- 2
insert-- 3
`, or to another person who reasonably appears to the registrar 4
to be relevantly associated with the instrument or other 5
document'. 6
(2) Section 156(1), `require the person'-- 7
omit, insert-- 8
`require a person'. 9
(3) Section 156(1)(b), `person's'-- 10
omit. 11
(4) Section 156(5), `by the person'-- 12
omit. 13
(5) Section 156(5), `person complies with the requisition'-- 14
omit, insert-- 15
`requisition is complied with'. 16
Clause 98 Amendment of s 166 (Destroying instrument in certain 17
circumstances) 18
(1) Section 166(6)-- 19
renumber as section 166(8). 20
(2) Section 166(5)-- 21
omit, insert-- 22
`(5) Subsection (3) does not apply to a certificate of title issued on 23
or after 24 April 1994. 24
`(6) The registrar may give a cancelled deed of grant or certificate 25
of title to a person if-- 26
(a) the person asks for it; and 27
(b) the registrar is reasonably satisfied it is appropriate for it 28
to be given to the person. 29
s 99 68 s 101
Natural Resources and Other Legislation Amendment
Bill 2005
`(7) However, a cancelled deed of grant or certificate of title may 1
be destroyed under subsection (1) if it has not been given to a 2
person under subsection (6) within 1 year after its 3
cancellation.'. 4
Clause 99 Insertion of new s 168A 5
After section 168-- 6
insert-- 7
`168A References to registered standard terms document 8
`In sections 170 and 171, a reference to a registered standard 9
terms document includes a standard terms document that has 10
been, or is taken to be, registered under the Land Act 1994.'. 11
Clause 100 Amendment of s 172 (Withdrawal or cancellation of 12
standard terms document) 13
Section 172(4), after `terms document'-- 14
insert-- 15
`, under this section or the Land Act 1994,'. 16
Clause 101 Amendment of s 185 (Exceptions to s 184) 17
(1) Section 185-- 18
insert-- 19
`(1A) A registered proprietor of a lot (the relevant mortgagee) who 20
is recorded in the freehold land register as a mortgagee of the 21
lot or an interest in the lot does not obtain the benefit of 22
section 184 for the relevant mortgagee's interest as mortgagee 23
if-- 24
(a) the relevant mortgagee-- 25
(i) in relation to the instrument of mortgage, failed to 26
comply with section 11A(2); or 27
(ii) in relation to a transfer of the instrument of 28
mortgage, failed to comply with section 11B(2); 29
and 30
s 102 69 s 102
Natural Resources and Other Legislation Amendment
Bill 2005
(b) the instrument of mortgage was executed other than by 1
the person who was, or who was about to become, the 2
registered proprietor of the lot or the interest in a lot for 3
which the instrument was registered.'. 4
(2) Section 185(3)-- 5
omit, insert-- 6
`(3) For subsection (1)(c), the particulars of an easement (the 7
easement particulars) are taken to have been omitted from the 8
freehold land register only if-- 9
(a) the easement was in existence when the lot burdened by 10
it was first registered, but the easement particulars have 11
never been recorded in the freehold land register against 12
the lot; or 13
(b) the easement particulars have previously been recorded 14
in the freehold land register, but the current particulars 15
in the freehold land register about the lot do not include 16
the easement particulars, other than because the 17
easement has been extinguished in relation to the lot; or 18
(c) the instrument providing for the easement was lodged 19
for registration but, because of an error of the registrar, 20
has never been registered. 21
`(4) Subsection (3) applies whether or not the lot has at any time 22
been transferred or otherwise dealt with. 23
`(5) If an issue arises in a proceeding as to whether a person 24
registered as a mortgagee does not obtain the benefit of 25
section 184 because of subsection (1A), proof that the person 26
complied with section 11A(2) or 11B(2) rests on the person. 27
`(6) In subsection (3)(b)-- 28
extinguished includes surrendered.'. 29
Clause 102 Amendment of s 187 (Orders by Supreme Court about 30
fraud and competing interests) 31
Section 187(1), `section 185(1)(c) to (g)'-- 32
omit, insert-- 33
`section 185(1)(c), (d), (e), (f) or (g) or (1A)'. 34
s 103 70 s 106
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 103 Amendment of pt 9, div 2, sdiv C, hdg 1
Part 9, division 2, subdivision C, heading, `for loss of title'-- 2
omit. 3
Clause 104 Insertion of new s 188AA 4
After section 188A-- 5
insert-- 6
`188AACompensation for which claim may not be made 7
`(1) The compensation to which a claimant is entitled under 8
section188 or 188A does not include compensation for 9
personal injury. 10
`(2) In subsection (1)-- 11
personal injury includes loss of income, including loss of 12
income claimed to arise from personal injury, and 13
psychological and psychiatric injury.'. 14
Clause 105 Amendment of s 188B (Order by Supreme Court about 15
deprivation, loss or damage) 16
(1) Section 188B(1)(a), `about the amount of'-- 17
omit, insert-- 18
`for'. 19
(2) Section 188B-- 20
insert-- 21
`(4) The court may join any other person it considers appropriate 22
in a proceeding under this section.'. 23
Clause 106 Insertion of new ss 188C and 188D 24
After section 188B-- 25
insert-- 26
s 107 71 s 107
Natural Resources and Other Legislation Amendment
Bill 2005
`188C Time limit for claim 1
`A person applying to the Supreme Court under section 188B 2
for compensation under section 188 or 188A must make the 3
application-- 4
(a) within 12 years after the person becomes aware, or 5
ought reasonably to have become aware, of the 6
circumstances giving rise to the entitlement to 7
compensation; or 8
(b) within a longer period the court considers just.'. 9
`188D No right of subrogation for insurers 10
`(1) An insurer can not be subrogated to another person in relation 11
to the other person's entitlement to claim compensation under 12
section 188 or 188A. 13
`(2) In this section-- 14
insurer means a person who carries on an insurance business 15
within the meaning of the Insurance Act 1973 (Cwlth).'. 16
Clause 107 Amendment of s 189 (Matters for which there is no 17
entitlement to compensation) 18
(1) Section 189(1)-- 19
insert-- 20
`(ab) if the deprivation, loss or damage can fairly be attributed 21
to the person's failure, as original mortgagee under 22
section 11A, or as mortgage transferee under section 23
11B, to take the steps required under section 11A(2) or 24
11B(2); or'. 25
(2) Section 189(1)-- 26
insert-- 27
`(j) because the particulars of an easement over a lot have 28
been omitted from the freehold land register; or 29
(k) because of the misdescription of the particulars of an 30
easement in the freehold land register; or 31
s 108 72 s 108
Natural Resources and Other Legislation Amendment
Bill 2005
(l) because of the recording or keeping of information or 1
anything else under section 28(2), 29 or 34,6 if-- 2
(i) the information or thing, as recorded or kept, is 3
incorrect; and 4
(ii) the information or thing was given to the registrar 5
for recording or keeping by another entity; and 6
(iii) the incorrectness was not because of an error of the 7
registrar in the recording or keeping.'. 8
(3) Section 189-- 9
insert-- 10
`(1B) Section 185(3), (4) and (6) applies for subsection (1)(j) in the 11
same way it applies for section 185(1)(c).'. 12
Clause 108 Insertion of new s 189A 13
After section 189-- 14
insert-- 15
`189A Payment to compensated mortgagee 16
`(1) This section applies if-- 17
(a) a person (the mortgagee) is recorded in the freehold 18
land register as a mortgagee of a lot, or an interest in a 19
lot, under an instrument of mortgage; and 20
(b) the execution of the instrument of mortgage involved, or 21
was associated with, fraud against a person (the 22
defrauded person) who is or was a registered proprietor 23
of the lot; and 24
25
Examples--
26
1 A person engages in fraud by executing the instrument of
27
mortgage, pretending to be the registered proprietor.
28
2 A person executes the instrument of mortgage as registered
29
proprietor, having first engaged in fraud by executing an
6 Section 28 (Particulars the registrar must record), 29 (Particulars the registrar may
record) or 34 (Other information not part of the freehold land register)
s 108 73 s 108
Natural Resources and Other Legislation Amendment
Bill 2005
1
instrument of transfer, pretending to be the registered
2
proprietor.
(c) the mortgagee is entitled to exercise power of sale over 3
the lot or interest on the basis of the registered 4
mortgage; and 5
(d) if the position of the defrauded person in relation to the 6
lot or interest is not otherwise rectified, the defrauded 7
person will be entitled to compensation under section 8
188 for deprivation of the lot or interest. 9
`(2) If the mortgagee exercises the power of sale, subsections (3) 10
and (4)-- 11
(a) apply to limit the interest and costs components of the 12
proceeds of sale that the mortgagee is entitled to retain; 13
and 14
(b) apply despite anything to the contrary in the instrument 15
of mortgage (including any associated document). 16
`(3) The rate of interest to be applied for calculating the interest 17
component for any particular day for which the instrument of 18
mortgage was in effect must not exceed-- 19
(a) if the rate of interest provided for under the instrument 20
of mortgage for the day is less than or equal to the 21
official cash rate for the day plus 2%--the rate of 22
interest provided for under the instrument; or 23
(b) if the rate of interest provided for under the instrument 24
of mortgage for the day is greater than the official cash 25
rate for the day plus 2%--the total of the following-- 26
(i) the official cash rate for the day; 27
(ii) 2%. 28
`(4) The costs component must be limited to the costs incurred by 29
the mortgagee in directly protecting the mortgagee's interest 30
as mortgagee of the lot or the interest in a lot, to the extent the 31
costs were reasonably incurred. 32
33
Examples of costs incurred in directly protecting the mortgagee's
34
interest--
35
insurance premiums, rates, land taxes
s 109 74 s 110
Natural Resources and Other Legislation Amendment
Bill 2005
1
Examples of costs not incurred in directly protecting the mortgagee's
2
interest--
3
costs of entry into possession, costs of exercising power of sale
`(5) In this section-- 4
costs component means costs incurred by the mortgagee in 5
relation to the mortgage. 6
official cash rate, for a day, means the Reserve Bank of 7
Australia's official cash rate for the day.7'. 8
Clause 109 Amendment of s 190 (State's right of subrogation) 9
Section 190(1), `the person responsible for'-- 10
omit, insert-- 11
`any other person, in relation to'. 12
Clause 110 Insertion of new pt 10A 13
After section 191-- 14
insert-- 15
`Part 10A Tidal boundary plans of 16
subdivision 17
`191A Definitions for pt 10A 18
`In this part-- 19
public interest includes the cultural, environmental, heritage, 20
land protection, planning, recreational, social and strategic 21
interests of the public. 22
tidal boundary means a boundary of land that-- 23
(a) is identified with reference to water, however described, 24
that is subject to tidal influence; and 25
7 The Reserve Bank of Australia's official cash rate is published on the bank's website
at .
s 110 75 s 110
Natural Resources and Other Legislation Amendment
Bill 2005
1
Example--
2
a boundary established by reference to the Pacific Ocean or to
3
high water mark
(b) having regard to how the boundary is identified, can not 4
appropriately be represented on a plan of subdivision as 5
a straight line boundary. 6
tidal boundary plan of subdivision means a plan of 7
subdivision that includes a section of tidal boundary. 8
`191B Application of pt 10A 9
`(1) This part applies if-- 10
(a) a tidal boundary plan of subdivision (the new plan of 11
subdivision)-- 12
(i) was lodged on or after 8 November 2005 but 13
before the commencement of this section; or 14
(ii) is lodged after the commencement but before 8 15
November 2008; and 16
(b) the location of a section of tidal boundary (the relevant 17
section), as represented on the new plan of subdivision, 18
is inconsistent with its location as represented on the 19
most recently registered previous plan of subdivision 20
(the earlier plan of subdivision) to include some or all 21
of the relevant section. 22
`(2) However, this part does not apply to a tidal boundary plan of 23
subdivision if-- 24
(a) the Integrated Planning Act 1997, section 3.7.68 applies 25
to the plan of subdivision; and 26
(b) the approval mentioned in the section was given before 27
8 November 2005; and 28
(c) the plan was or is lodged in compliance with the section. 29
8 Integrated Planning Act 1997, section 3.7.6 (When approved plan to be lodged for
registration)
s 110 76 s 110
Natural Resources and Other Legislation Amendment
Bill 2005
`(3) The requirements of this part are in addition to, and are not in 1
substitution for, any other provision of this Act that applies to 2
a plan of subdivision. 3
`191C Prohibition on registration of relevant tidal 4
boundary plan of subdivision 5
`(1) The registrar must not, without the approval of the Minister 6
under this part, register the new plan of subdivision. 7
`(2) The registrar's refusal, on or after 8 November 2005, and 8
before the commencement of this section, to register a plan of 9
subdivision is taken to have been a valid refusal under this 10
part if, on the commencement of this section, this part 11
commences to apply in relation to the plan of subdivision. 12
`191D Approval of Minister in circumstances of accretion 13
or erosion 14
`(1) This section applies if the location of the relevant section on 15
the earlier plan of subdivision was consistent with directions 16
and instructions applying to surveyors when the earlier plan of 17
subdivision was prepared. 18
`(2) The Minister may approve registration of the new plan of 19
subdivision, but only if the Minister is satisfied-- 20
(a) that the difference, as between the earlier plan of 21
subdivision and the new plan of subdivision, in the 22
location of the relevant section can appropriately be 23
attributed, in accordance with applicable law, to 24
accretion or erosion; and 25
(b) in relation to the location of the relevant section on the 26
new plan of subdivision, that-- 27
(i) the registration of the new plan of subdivision, will 28
not, in practical terms, be contrary to the public 29
interest; or 30
(ii) despite registration of the new plan of subdivision, 31
a development condition under the Integrated 32
Planning Act 1997 will operate to give adequate 33
protection to the public interest. 34
s 111 77 s 111
Natural Resources and Other Legislation Amendment
Bill 2005
`191E Approval of Minister in other limited circumstances 1
`(1) This section applies if-- 2
(a) the location of the relevant section on the earlier plan of 3
subdivision was inconsistent with directions and 4
instructions applying to surveyors when the earlier plan 5
of subdivision was prepared; or 6
(b) there were no relevant directions or instructions 7
applying to surveyors when the earlier plan of 8
subdivision was prepared. 9
`(2) The Minister may approve registration of the new plan of 10
subdivision, but only if the Minister is satisfied, in relation to 11
the location of the relevant section on the new plan of 12
subdivision, that-- 13
(a) the registration of the new plan of subdivision, will not, 14
in practical terms, be contrary to the public interest; or 15
(b) despite registration of the new plan of subdivision, a 16
development condition under the Integrated Planning 17
Act 1997 will operate to give adequate protection to the 18
public interest. 19
`191F No compensation for operation of this part 20
`A person is not entitled to compensation from the State under 21
this Act, or otherwise, for deprivation of an interest in a lot, or 22
for loss or damage of any kind, arising out of the operation of 23
this part, including, in particular-- 24
(a) the Minister's refusal to approve, under this part, the 25
registration of a plan of subdivision; or 26
(b) the registrar's refusal, under this part, to register a plan 27
of subdivision.'. 28
Clause 111 Insertion of new s 198A 29
After section 198-- 30
insert-- 31
s 111 78 s 111
Natural Resources and Other Legislation Amendment
Bill 2005
`198A Supply of statistical data 1
`(1) The registrar may enter into an agreement to supply statistical 2
data derived from instruments or information kept in the land 3
registry. 4
`(2) If the registrar supplies statistical data under subsection (1)-- 5
(a) the fees and charges applying for the supply of the data 6
are the fees and charges agreed to in the agreement; and 7
(b) without limiting paragraph (a), the agreement may also 8
state-- 9
(i) how the fees and charges are to be calculated; and 10
(ii) how payment of the fees and charges is to be made. 11
`(3) Without limiting subsection (1), an agreement for the supply 12
of statistical data may limit the use to which the data supplied 13
may be put. 14
`(4) An agreement for the supply of statistical data must include-- 15
(a) a provision allowing the registrar to exclude particulars 16
from data supplied under the agreement, if the registrar 17
is satisfied, on reasonable grounds, that inclusion of the 18
particulars may result in the particulars being 19
inappropriately disclosed or used; and 20
(b) a provision allowing the registrar to prohibit disclosure, 21
or to limit distribution or use, of data supplied under the 22
agreement. 23
`(5) An agreement under this section must not provide for the 24
obtaining of information or anything else that may be 25
obtained under a search under section 35, other than section 26
35(1)(a)(iv). 27
`(6) The registrar must exclude land particulars and personal 28
information from data supplied under the agreement. 29
`(7) Subsection (6) applies despite anything in the agreement. 30
`(8) In this section-- 31
land particulars means particulars from any instrument or 32
information kept by the registrar that may allow a person to 33
identify a lot to which the instrument or information relates. 34
s 112 79 s 114
Natural Resources and Other Legislation Amendment
Bill 2005
personal information means a particular from any instrument 1
or information kept by the registrar that may allow a person to 2
identify a person to whom the instrument or information 3
relates.'. 4
Clause 112 Amendment of sch 2 (Dictionary) 5
Schedule 2-- 6
insert-- 7
`earlier plan of subdivision, for part 10A, see section 191B. 8
new plan of subdivision, for part 10A, see section 191B. 9
public interest, for part 10A, see section 191A. 10
public thoroughfare easement see section 81A. 11
relevant section, for part 10A, see section 191B. 12
tidal boundary, for part 10A, see section 191A. 13
tidal boundary plan of subdivision, for part 10A, see section 14
191A.'. 15
Part 5 Amendment of Integrated 16
Resort Development Act 1987 17
Clause 113 Act amended in pt 5 18
This part amends the Integrated Resort Development Act 19
1987. 20
Clause 114 Amendment of s 79D (Registration of replacement 21
schedule) 22
(1) Section 79D, heading, `Registration'-- 23
omit, insert-- 24
`Recording'. 25
(2) Section 79D(1), `register'-- 26
s 115 80 s 116
Natural Resources and Other Legislation Amendment
Bill 2005
omit, insert-- 1
`record'. 2
Part 6 Amendment of Local 3
Government Act 1993 4
Clause 115 Act amended in pt 6 5
This part amends the Local Government Act 1993. 6
Clause 116 Insertion of new ch 13, pt 2A 7
Chapter 13-- 8
insert-- 9
`Part 2A Public thoroughfare easements 10
`921A Public thoroughfare easements 11
`(1) This section applies if a public thoroughfare easement is 12
created over relevant land. 13
`(2) The local government in whose favour the easement is created 14
has control of the easement land, subject to the provisions of 15
the instrument creating the easement. 16
`(3) Control of the easement land includes capacity to take all 17
necessary steps for-- 18
(a) construction, maintenance and improvement of the 19
easement land; and 20
(b) regulation of the use of the easement land. 21
`(4) Despite subsections (2) and (3)-- 22
(a) the local government has responsibility for the 23
maintenance of the easement land; and 24
s 116 81 s 116
Natural Resources and Other Legislation Amendment
Bill 2005
(b) for deciding the respective rights and liabilities that 1
attach to a relevant entity for anything that happens 2
arising out of the use of the easement land, the easement 3
land must be taken to be a road under the control of the 4
local government. 5
`(5) The owner of the relevant land, as the grantor of the easement, 6
or as a successor in title of the grantor of the easement-- 7
(a) is not required, and can not be required, to maintain, or 8
to contribute to the maintenance of, any part of the 9
easement land; and 10
(b) is not, and can not be made, civilly liable for an act 11
done, or omission made, honestly and without 12
negligence, in relation to the easement land. 13
`(6) In this section-- 14
easement land means any part of the relevant land that is 15
affected by the public thoroughfare easement. 16
owner, of the relevant land, means-- 17
(a) if the relevant land is land granted in trust under the 18
Land Act 1994--the trustee of the land; or 19
(b) if the relevant land is non-freehold land under the Land 20
Act 1994--the lessee or licensee of the land; or 21
(c) if the relevant land is a lot under the Land Title Act 22
1994--the registered owner of the lot. 23
relevant entity means any of following-- 24
(a) the owner of the relevant land; 25
(b) the local government; 26
(c) any member of the public generally. 27
relevant land means-- 28
(a) land granted in trust, or non-freehold land, under the 29
Land Act 1994; or 30
(b) a lot under the Land Title Act 1994.'. 31
s 117 82 s 119
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 117 Amendment of schedule (Dictionary) 1
(1) Schedule-- 2
insert-- 3
`public thoroughfare easement means a public thoroughfare 4
easement under either of the following provisions, if the 5
easement is in favour of a local government-- 6
(a) the Land Act 1994, chapter 6, part 4, division 8;9 7
(b) the Land Title Act 1994, part 6, division 4.10'. 8
(2) Schedule, definition road, `1994'-- 9
omit, insert-- 10
`1994, or a public thoroughfare easement'. 11
Part 7 Amendment of Mining and 12
Quarrying Safety and Health 13
Act 1999 14
Clause 118 Act amended in pt 7 15
This part amends the Mining and Quarrying Safety and 16
Health Act 1999. 17
Clause 119 Amendment of s 123 (Qualifications for appointment as 18
inspector) 19
Section 123, from `has'-- 20
omit, insert-- 21
`has appropriate competencies and adequate experience to 22
effectively perform an inspector's functions under this Act.'. 23
9 Land Act 1994, chapter 6 (Registration and dealings), part 4 (Dealings affecting
land), division 8 (Easements)
10 Land Title Act 1994, part 6 (Dealings directly affecting lots), division 4 (Easements)
s 120 83 s 124
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 120 Amendment of s 126 (Further functions of inspectors) 1
Section 126(b), `inspector'-- 2
omit, insert-- 3
`executive'. 4
Clause 121 Amendment of s 157 (Additional powers of chief 5
inspector) 6
(1) Section 157(a)-- 7
omit. 8
(2) Section 157(b) and (c)-- 9
renumber as section 157(a) and (b). 10
Clause 122 Amendment of s 234 (Proceedings for offences) 11
(1) Section 234(5), from `inspector'-- 12
omit, insert-- 13
`executive.'. 14
(2) Section 234(6), definition person dissatisfied with a decision, 15
paragraph (c)-- 16
omit. 17
Clause 123 Amendment of s 235 (Recommendation to prosecute) 18
(1) Section 235(1), `chief inspector'-- 19
omit, insert-- 20
`chief executive'. 21
(2) Section 235(2), `inspector's'-- 22
omit, insert-- 23
`executive's'. 24
Clause 124 Amendment of s 256 (Protection from liability) 25
(1) Section 256(3), definition official, paragraphs (b) to (g)-- 26
s 125 84 s 126
Natural Resources and Other Legislation Amendment
Bill 2005
renumber as paragraphs (c) to (h). 1
(2) Section 256(3), definition official-- 2
insert-- 3
`(b) the chief executive; or'. 4
Part 8 Amendment of Property Law 5
Act 1974 6
Clause 125 Act amended in pt 8 7
This part amends the Property Law Act 1974. 8
Clause 126 Amendment of s 61 (Conditions of sale of land) 9
Section 61-- 10
insert-- 11
`(3A) However, if under subsection (2)(c) settlement of the contract 12
must take place at an office of the land registry, but the office 13
is not open for business on the day (the relevant day) provided 14
for completion under subsection (3), the completion must take 15
place-- 16
(a) on a day, on which the office is open for business, 17
agreed by the parties, their solicitors or conveyancers; or 18
(b) if there is no agreement under paragraph (a)--on the 19
next day the office is open for business after the relevant 20
day.'. 21
s 127 85 s 128
Natural Resources and Other Legislation Amendment
Bill 2005
Part 9 Amendment of Transport 1
Infrastructure Act 1994 2
Clause 127 Act amended in pt 9 3
This part amends the Transport Infrastructure Act 1994. 4
Clause 128 Insertion of new ch 6, pt 8 5
Chapter 6-- 6
insert-- 7
`Part 8 Public thoroughfare easements 8
`105A Public thoroughfare easements 9
`(1) This section applies if a public thoroughfare easement is 10
created over relevant land. 11
`(2) The State has control of the easement land, subject to the 12
provisions of the instrument creating the easement. 13
`(3) Control of the easement land includes capacity to take all 14
necessary steps for-- 15
(a) construction, maintenance and improvement of the 16
easement land; and 17
(b) regulation of the use of the easement land. 18
`(4) Despite subsections (2) and (3)-- 19
(a) the State has responsibility for the maintenance of the 20
easement land; and 21
(b) for deciding the respective rights and liabilities that 22
attach to a relevant entity for anything that happens 23
arising out of the use of the easement land, the easement 24
land must be taken to be a State-controlled road. 25
`(5) The owner of the relevant land, as the grantor of the easement, 26
or as a successor in title of the grantor of the easement-- 27
s 129 86 s 129
Natural Resources and Other Legislation Amendment
Bill 2005
(a) is not required, and can not be required, to maintain, or 1
to contribute to the maintenance of, any part of the 2
easement land; and 3
(b) is not, and can not be made, civilly liable for an act 4
done, or omission made, honestly and without 5
negligence, in relation to the easement land. 6
`(6) In this section-- 7
easement land means any part of the relevant land that is 8
affected by the public thoroughfare easement. 9
owner, of the relevant land, means-- 10
(a) if the relevant land is land granted in trust under the 11
Land Act 1994--the trustee of the land; or 12
(b) if the relevant land is non-freehold land under the Land 13
Act 1994--the lessee or licensee of the land; or 14
(c) if the relevant land is a lot under the Land Title Act 15
1994--the registered owner of the lot. 16
relevant entity means any of following-- 17
(a) the owner of the relevant land; 18
(b) the State; 19
(c) any member of the public. 20
relevant land means-- 21
(a) land granted in trust, or non-freehold land, under the 22
Land Act 1994; or 23
(b) a lot under the Land Title Act 1994.'. 24
Clause 129 Amendment of schedule 6 (Dictionary) 25
(1) Schedule 6-- 26
insert-- 27
`public thoroughfare easement means a public thoroughfare 28
easement under either of the following provisions, if the 29
easement is in favour of the State-- 30
s 130 87 s 132
Natural Resources and Other Legislation Amendment
Bill 2005
(a) the Land Act 1994, chapter 6, part 4, division 8;11 1
(b) the Land Title Act 1994, part 6, division 4. '. 12
2
(2) Schedule 6, definition road-- 3
insert-- 4
`(ca) does not include a public thoroughfare easement; and'. 5
Part 10 Amendment of Valuers 6
Registration Act 1992 7
Clause 130 Act amended in pt 10 8
This part amends the Valuers Registration Act 1992. 9
Clause 131 Amendment of s 3 (Definitions) 10
Section 3-- 11
insert-- 12
`officer, of the board, includes a person authorised under 13
section 44 to carry out an investigation.'. 14
Clause 132 Amendment of s 18 (Meetings of board) 15
Section 18(6), `members'-- 16
omit, insert-- 17
`chairperson'. 18
11 Land Act 1994, chapter 6 (Registration and dealings), part 4 (Dealings affecting
land), division 8 (Easements)
12 Land Title Act 1994, part 6 (Dealings directly affecting lots), division 4 (Easements)
s 133 88 s 135
Natural Resources and Other Legislation Amendment
Bill 2005
Clause 133 Amendment of s 27 (Inspection of register) 1
Section 27, `, on payment of the prescribed fee,'-- 2
omit. 3
Clause 134 Amendment of s 28 (Publication of names of registered 4
valuers) 5
Section 28, after `gazette'-- 6
insert-- 7
`and on the board's website'. 8
Clause 135 Amendment of s 29 (Applications for registration) 9
Section 29(2) to (5)-- 10
omit, insert-- 11
`(2) The board may, by written notice given to the applicant, 12
require the applicant to do either or both of the following-- 13
(a) give further information or a document the board 14
reasonably requires to decide the application; 15
(b) attend before the board, on the date stated in the notice, 16
to give any further information the board reasonably 17
requires to decide the application. 18
`(3) A notice under subsection (2)(a) must state a reasonable 19
period of at least 14 days after it is given within which the 20
information or document must be given. 21
`(4) The board may require the information or document to be 22
verified by statutory declaration. 23
`(5) The applicant is taken to have withdrawn the application if the 24
applicant-- 25
(a) does not comply with a requirement under 26
subsection (2)(a) within the period stated in the notice; 27
or 28
(b) does not attend before the board on the date stated in the 29
notice. 30
s 136 89 s 136
Natural Resources and Other Legislation Amendment
Bill 2005
`(6) However, if the board is satisfied with the applicant's reasons 1
for not complying with a notice under subsection (2), the 2
board may-- 3
(a) extend the time for complying with subsection (2)(a); or 4
(b) require the applicant to attend before the board on a later 5
date. 6
`(7) The board must consider the application and decide to grant, 7
or refuse to grant, the application. 8
`(8) The board must not refuse to grant the application until the 9
board has-- 10
(a) given the applicant a written notice that-- 11
(i) sets out the reasons for the proposed refusal; and 12
(ii) gives the applicant 30 days in which to make oral 13
or written submissions to the board about the 14
reasons; and 15
(b) considered any submissions made.'. 16
Clause 136 Replacement of s 31 (Attendance before board of 17
applicant) 18
Section 31-- 19
omit, insert-- 20
`31 Investigations about suitability of applicants 21
`(1) The board may make investigations about an applicant for 22
registration or renewal of registration as a valuer to help the 23
board decide whether the applicant is a suitable person to be 24
registered as a valuer. 25
`(2) Without limiting subsection (1), the board may ask the 26
commissioner of the police service for a written report about 27
the applicant's criminal history. 28
`(3) The commissioner must give the report to the board. 29
`(4) However, the report is required to contain only criminal 30
history in the commissioner's possession or to which the 31
commissioner has access. 32
s 137 90 s 137
Natural Resources and Other Legislation Amendment
Bill 2005
`31A Consideration of suitability of applicants 1
`(1) The board may have regard to the commissioner's report 2
about an applicant's criminal history in deciding whether the 3
applicant is a suitable person to be registered as a valuer. 4
`(2) In having regard to the report, the board must consider the 5
nature of any offence mentioned in the report and the 6
relevance of the offence to the applicant's suitability to be 7
registered as a valuer. 8
`31B Criminal history is confidential document 9
`(1) An officer, employee or agent of the board must not, directly 10
or indirectly, disclose to anyone else a report, or information 11
contained in a report, given under section 31. 12
Maximum penalty--100 penalty units. 13
`(2) However, the officer, employee or agent does not contravene 14
subsection (1) if-- 15
(a) disclosure of the report or information to someone else 16
is authorised by the board to the extent necessary to 17
perform a function under or in relation to this Act; or 18
(b) the disclosure is otherwise required or permitted by law. 19
`(3) The board must destroy the report as soon as practicable after 20
considering the applicant's suitability for registration as a 21
valuer.'. 22
Clause 137 Amendment of s 36B (Renewal of registration--statement 23
or certificate about CPD) 24
(1) Section 36B(1)(a)-- 25
omit, insert-- 26
`(a) a statement about, including details of and documents to 27
support, the CPD prescribed under a regulation that the 28
valuer has undertaken during the previous 12 months; 29
or'. 30
(2) Section 36B(1)(c), after `a statement about'-- 31
s 138 91 s 141
Natural Resources and Other Legislation Amendment
Bill 2005
insert-- 1
`, including details of, and documents to support,'. 2
Clause 138 Amendment of s 39 (Cancellation of registration) 3
Section 39-- 4
insert-- 5
`(4) If the board cancels a valuer's registration under this section, 6
the board must-- 7
(a) remove the name and other particulars of the valuer 8
from the register; and 9
(b) publish notice of the removal in a newspaper circulating 10
throughout the State and on the board's website.'. 11
Clause 139 Amendment of s 42FA (Renewal of recording of 12
registered valuer on list of specialist retail valuers) 13
Section 42FA(b)-- 14
omit, insert-- 15
`(b) give the board a statement about, including details of 16
and documents to support, the CPD relating to retail 17
rental valuation prescribed under a regulation that the 18
valuer has undertaken during the previous 12 months.'. 19
Clause 140 Amendment of s 44 (Board may authorise investigation) 20
Section 44-- 21
insert-- 22
`(4) The board may authorise an investigator to continue to carry 23
out an investigation of the conduct of a registered valuer even 24
if the complaint, on which the investigation was authorised, is 25
withdrawn.'. 26
Clause 141 Amendment of s 50 (Disciplinary charge may be laid) 27
Section 50(6)(a)(ii)-- 28
s 142 92 s 144
Natural Resources and Other Legislation Amendment
Bill 2005
omit, insert-- 1
`(ii) notify the person charged-- 2
(A) of the time, day and place of the proceeding; 3
and 4
(B) that the person must attend the proceeding; 5
or'. 6
Clause 142 Amendment of s 54 (Representation) 7
(1) Section 54, `either' to `solicitor'-- 8
omit. 9
(2) Section 54-- 10
insert-- 11
`(2) The valuer may be accompanied by a lawyer or agent and is 12
entitled to be represented by the lawyer or agent.'. 13
Clause 143 Amendment of s 57 (Offences--proceedings) 14
`Section 57(2)(b), `the chairperson'-- 15
omit, insert-- 16
`a member of the committee'. 17
Clause 144 Amendment of s 59 (Committee may order cancellation of 18
registration, etc.) 19
(1) Section 59(1), after `committee may'-- 20
insert-- 21
`do 1 or more of the following'. 22
(2) Section 59(1)(a) to (d), `; or'-- 23
omit, insert-- 24
`;'. 25
(3) Section 59(2)-- 26
omit. 27
s 145 93 s 146
Natural Resources and Other Legislation Amendment
Bill 2005
(4) Section 59(4), `(3)'-- 1
omit, insert-- 2
`(2)'. 3
(5) Section 59(3) to (5)-- 4
renumber as section 59(2) to (4). 5
(6) Section 59-- 6
insert-- 7
`(5) If the committee makes an order under subsection (1)(e), or 8
the valuer's registration is cancelled under subsection (4), the 9
board must-- 10
(a) remove the name and other particulars of the valuer 11
from the register; and 12
(b) publish notice of the removal in a newspaper circulating 13
throughout the State and on the board's website. 14
`(6) The board may also publish, in the newspaper or on the 15
website, notice of any action taken under subsection (1)(a) 16
to (d) or any suspension of a valuer's registration under 17
subsection (4).'. 18
Clause 145 Amendment of s 61 (Appeals) 19
(1) Section 61(1)-- 20
insert-- 21
`(g) an order under section 39 that a valuer's registration be 22
cancelled.'. 23
(2) Section 61(3)(c)(ii), `(3) or (4)'-- 24
omit, insert-- 25
`(2) or (3)'. 26
Clause 146 Replacement of pt 6, hdg (Transitional provisions for 27
Valuers Registration Act 1992) 28
Part 6, heading-- 29
omit, insert-- 30
s 147 94 s 149
Natural Resources and Other Legislation Amendment
Bill 2005
`Part 6 Transitional provisions 1
`Division 1 Transitional provisions for Valuers 2
Registration Act 1992'. 3
Clause 147 Replacement of pt 7, hdg (Transitional provisions for 4
Valuers Registration Amendment Act 2001) 5
Part 7, heading-- 6
omit, insert-- 7
`Division 2 Transitional provisions for Valuers 8
Registration Amendment Act 2001'. 9
Clause 148 Replacement of s 72 (Definitions for pt 7) 10
Section 72-- 11
omit, insert-- 12
`72 Definition for div 2 13
`In this division-- 14
amending Act means the Valuers Registration Amendment 15
Act 2001.'. 16
Clause 149 Insertion of new pt 6, div 3 17
After section 74-- 18
insert-- 19
`Division 3 Transitional provisions for Natural 20
Resources and Other Legislation 21
Amendment Act 2005 22
`75 Definition for div 3 23
`In this division-- 24
amending Act means the Natural Resources and Other 25
Legislation Amendment Act 2005. 26
s 150 95 s 150
Natural Resources and Other Legislation Amendment
Bill 2005
`76 Renewal of registration 1
`Despite the amendment of section 36B by the amending Act, 2
that section, as in force immediately before the 3
commencement of this section, applies to the renewal of a 4
valuer's registration for the financial year beginning on 1 July 5
2006. 6
`77 Renewal of recording on list of specialist retail 7
valuers 8
`Despite the amendment of section 42FA by the amending 9
Act, that section, as in force immediately before the 10
commencement of this section, applies to the renewal of a 11
valuer's recording as a specialist retail valuer for the financial 12
year beginning on 1 July 2006.'. 13
Part 11 Minor amendments 14
Clause 150 Acts amended in schedule 15
The schedule amends the Acts it mentions. 16
96
Natural Resources and Other Legislation Amendment
Bill 2005
Schedule Minor amendments 1
section 150 2
Geothermal Exploration Act 2004 3
1 Schedule, definition, tribunal first mention-- 4
omit. 5
Land Protection (Pest and Stock Route Management) 6
Act 2002 7
1 Schedule 1, sixth entry, `(79(3)(b))'-- 8
omit, insert-- 9
`(section 79(3)(b))'. 10
2 Schedule 3, definition notifiable disease, `section 4'-- 11
omit, insert-- 12
`schedule 2'. 13
Mineral Resources Act 1989 14
1 Section 658(4), `section 657(b)'-- 15
omit, insert-- 16
`section 657(1)(b)'. 17
2 Schedule, definition consultation start day-- 18
omit. 19
97
Natural Resources and Other Legislation Amendment
Bill 2005
Schedule (continued)
Petroleum Act 1923 1
1 Section 25M(1)(h), from `sections 80J and 80K' to 2
`must'-- 3
omit, insert-- 4
`sections 25O and 25R,13 must'. 5
2 Section 77ZB, heading, `exploration'-- 6
omit, insert-- 7
`mining'. 8
3 Part 6J, heading, `tenure or'-- 9
omit, insert-- 10
`tenure, a 2004 Act petroleum authority or'. 11
4 Section 80J(6), `authority'-- 12
omit, insert-- 13
`tenure'. 14
Petroleum and Gas (Production and Safety) Act 2004 15
1 Section 37(b)(iii) `;'-- 16
omit, insert-- 17
`; and'. 18
13 Sections 25O (Deciding application) and 25R (Criteria for decisions)
98
Natural Resources and Other Legislation Amendment
Bill 2005
Schedule (continued)
2 Section 59(2)(d)(ii) `; and'-- 1
omit, insert-- 2
`;'. 3
3 Section 78A(3) `section 80T(1)(b)'-- 4
omit, insert-- 5
`section 790(1)(b)'. 6
4 Section 79(2)(a)(i) `;'-- 7
omit, insert-- 8
`; or'. 9
5 Section 116(2)(a) `section 114(1)'-- 10
omit, insert-- 11
`section 114'. 12
6 Chapter 2, part 2, division 7, subdivision 1, heading, `and 13
term'-- 14
omit. 15
7 Section 246(2)(b) `2004 Act'-- 16
omit. 17
8 Section 327(c), from `authority' to `section 313'-- 18
omit, insert-- 19
`tenement holder has not lodged any submission under section 20
314'. 21
99
Natural Resources and Other Legislation Amendment
Bill 2005
Schedule (continued)
9 Section 386(2), `plan.'-- 1
omit, insert-- 2
`plant.'. 3
10 Section 675(3), `subsection (1)(d)'-- 4
omit, insert-- 5
`subsection (1)(e)'. 6
11 Section 678(1)(b), `; or'-- 7
omit, insert-- 8
`;'. 9
12 Section 679(2)(b)(ii)(A), `;'-- 10
omit, insert-- 11
`; or'. 12
13 Section 705A(3), `subsection (2)(b)(ii)'-- 13
omit, insert-- 14
`subsection (1)(b)(ii)'. 15
14 Schedule 2-- 16
insert-- 17
`2004 Act start day means 31 December 2004.'. 18
100
Natural Resources and Other Legislation Amendment
Bill 2005
Schedule (continued)
Survey and Mapping Infrastructure Act 2003 1
1 Section 38(1), from `section 26' to `exercise'-- 2
omit, insert-- 3
`section 28,14 exercise'. 4
Surveyors Act 2003 5
1 Part 13, heading, `and amendments'-- 6
omit. 7
Valuation of Land Act 1944 8
1 Section 2, definition SunWater-- 9
omit, insert-- 10
`SunWater means the entity continued in existence under the 11
Government Owned Corporations Regulation 2004, 12
section 34.'. 13
Water Act 2000 14
1 Section 1122-- 15
insert-- 16
`(5) In this section-- 17
14 Transport Infrastructure Act 1994, section 28 (Chief executive to have power of a
local government for State-controlled roads)
101
Natural Resources and Other Legislation Amendment
Bill 2005
Schedule (continued)
SunWater means the entity continued in existence under the 1
Government Owned Corporations Regulation 2004, 2
section 34.'. 3
© State of Queensland 2005
AMENDMENTS TO BILL
1
Natural Resources and Other Legislation Amendment
Bill 2005
Natural Resources and Other Legislation
Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 128--
At page 85, line 5, `pt 8'--
omit, insert--
`pt 9'.
2 Clause 128--
At page 85, line 8, `8'--
omit, insert--
`9'.
3 Clause 128--
At page 85, line 9, `105A'--
omit, insert--
`105ZP'.
[Index] [Search] [Download] [Related Items] [Help]