LAND ACT 1994 - SECT 299A No registration in absence of required approval or consent of Minister or chief executive

LAND ACT 1994 - SECT 299A

299A No registration in absence of required approval or consent of Minister or chief executive

(1) A document is not registered, even though the particulars about the document are recorded in the relevant register, if—

(a) under this Act, the Minister’s or chief executive’s approval or consent, however described, is required for the document, including any aspect of the document, but the approval or consent has not been obtained; or

Examples—

• a plan of subdivision that has not been consented to by the Minister

• a transfer document if the chief executive has not given written approval to the transfer

(b) the terms of the document are inconsistent with the terms of any approval or consent, however described, given by the Minister or chief executive in relation to the document, including any aspect of the document.

(2) If under subsection (1) a document is not registered, the registrar of titles may correct the particulars included in the appropriate register in relation to the document.

(3) Subsection (1) applies to an approval or consent, however described, in relation to a document, whether or not the approval or consent is required to be endorsed on the document.

(4) Subsection (1) does not affect the operation of a provision of this Act that provides for the approval or consent to be dispensed with.

Examples—

1 The Minister may, under section 333 , give an authority to sublease without seeking the Minister’s approval.

2 The chief executive may, under section 322AA , exempt particular persons from the requirement, under section 322 (1) (b) (i) , to obtain the chief executive’s approval to a transfer of a lease.