LAND TITLE ACT 1994 Reprinted as in force on 23 February 2009 Reprint No. 9C > Contents Part 1--Preliminary 1. Short title 3. Object of Act 4. Definitions—the dictionary 4A. References 5. Act binds all persons Part 2--Administration Division 1--General 6. Registrar of titles 7. Land registry 8. Form of registers 9. Delegation 9A. Land title practice manual Division 2--General requirements for instruments in the freehold land register 10. Form of instruments 11. Execution of certain instruments 11A. Original mortgagee to confirm identity of mortgagor 11B. Mortgage transferee to confirm identity of mortgagor 12. Consent to be written on instrument etc. 13. Required number of executed copies to be lodged 14. Offence not to use appropriate form Division 3--Powers of the registrar 15. Registrar may correct registers 16. Lot-on-plan description 17. Registrar may prepare and register caveat 18. Registrar may require public notice to be given of certain proposed action 18A. Pre-examination of plans Division 4--Inquiries 19. Registrar may decide to hold inquiry 20. Registrar's duties on inquiry 21. Registrar may decide procedures 22. Registrar's powers on inquiry 23. Notice to witness 24. Offences by witnesses Division 5--Registrar may refer matter to the Supreme Court 25. Referral to Supreme Court from inquiry 26. Other referrals by the registrar to the Supreme Court Part 3--Freehold land register Division 1--General 27. Registrar must keep register 28. Particulars the registrar must record 29. Particulars the registrar may record 30. Registrar must register instruments 31. Instruments form part of the freehold land register 32. Registrar's procedures on lodgment and registration of instrument 33. Separate part of the freehold land register for powers of attorney 34. Other information not part of the freehold land register 35. Entitlement to search register 36. Evidentiary effect of certified copies of documents Division 2--Indefeasible title 37. Creation of indefeasible title 38. Meaning of indefeasible title 39. Single indefeasible title for 2 or more lots 40. Separation of single indefeasible title for 2 or more lots 41. Transfer of land forming part of indefeasible title Division 2A--Indefeasible title for common property 41A. Creation of indefeasible title for common property 41B. Meaning of indefeasible title for common property 41BA. Ownership of common property 41C. Application of provisions of Act to common property Division 3--Certificates of title 42. Issuing of certificates of title 43. Certification to be included in certificate of title 44. Note about issue of certificate of title etc. 45. Cancellation of certificate of title on deposit 46. Evidentiary effect of certificate of title Part 4--Registration of land Division 1--Alienation of State land 47. Alienated State land to be registered Division 2--Land held by State 48. Land held by the State Division 2A--Format of plans of survey 48A. Available formats for plans 48B. Standard format plan 48C. Building format plan 48D. Volumetric format plan Division 2B--Explanatory format plans 48E. Explanatory format plan Division 3--Plans of subdivision 49. Meaning of plan of subdivision 49A. Plan of subdivision may be registered 49B. Standard format plan of subdivision 49C. Building format plan of subdivision 49D. Volumetric format plan of subdivision 49DA. Creation of common property 49E. Division of lot on standard format plan of subdivision 50. Requirements for registration of plan of subdivision 51. Dedication of public use land in plan 51A. Access for public use land 52. Particulars to be recorded on registration of plan 53. Lodged plan that is withdrawn and re-lodged 54. Division excluding road or watercourse Division 4--Building management statements 54A. Building management statement may be registered 54AA. Single area for lots to which building management statement applies 54B. Circumstances under which building management statement may be registered 54C. Content of building management statement 54D. Registration of building management statement 54E. Amending a building management statement 54F. Building management statement if lots owned by 1 registered owner 54G. One person becoming registered owner of all lots 54H. Extinguishing a building management statement 54I. Lots constituted by community titles schemes 54J. Building management statement affecting freehold and non-freehold land Part 5--Joint holders in a lot 55. Registering life interests and remainders 56. Registering co-owners 57. Separate indefeasible titles for tenants in common 58. Time share schemes 59. Severing joint tenancy Part 6--Dealings directly affecting lots Division 1--Transfers 60. Registering a transfer 61. Requirements of instrument of transfer 62. Effect of registration of transfer 63. Transfer of mortgaged lot Division 2--Leases 64. Registering a lease 65. Requirements of instrument of lease 66. Validity of lease or amendment of lease against mortgagee 67. Amending a lease 68. Re-entry by lessor 69. Surrendering a lease 70. Disclaimer in bankruptcy 71. Validity of unregistered lease Division 3--Mortgages 72. Mortgaging lot etc. by registration 73. Requirements of instrument of mortgage 74. Effect of registration of a mortgage 75. Equitable mortgage 76. Amending a mortgage 77. Amending priority of mortgages 78. Powers of mortgagee 79. Effect of transfer after sale by mortgagee 80. Liability of mortgagee in possession of leased lot 81. Releasing a mortgage Division 4--Easements 81A. Definitions for div 4 82. Creation of easement by registration 83. Registration of easement 83A. Registration of plan showing proposed easement 84. Limitation of easements 85. Instrument affecting freehold and non-freehold land 85A. Particulars to be registered 85B. Rights and liabilities created on registration of instrument 86. Easement benefiting and burdening same registered owner's lots 87. Same person becoming registered owner of benefited and burdened lots 88. Owner of benefited land acquiring interest in burdened land 89. Easements for public utility providers 90. Surrendering an easement 91. Amending an easement 92. Application of Property Law Act 1974, s 181 Division 4A--Covenants 97A. Covenant by registration 97AA. Compliance with s 97A 97B. Requirements of instrument of covenant 97C. Amending an instrument of covenant 97D. Releasing a covenant 97DA. Application of Property Law Act 1974, s 181 Division 4B--Profits a prendre 97E. Profit a prendre by registration 97EA. Profit a prendre affecting a lot and non-freehold land 97F. Requirements of instrument of profit a prendre 97G. Particulars to be registered 97H. Profit a prendre benefiting and burdening same registered owner's lots 97I. Same person becoming registered owner of benefited and burdened lots 97J. Owner of benefited land acquiring interest in burdened land 97K. Amending an instrument of profit a prendre 97L. Releasing or removing a profit a prendre 97M. Effect of surrender of lot on profit a prendre Division 5--Application by adverse possessor 98. Application may not be made about particular matters 99. Application for registration 100. Withdrawal of application 101. Right to make application not affected by death etc. 102. Refusal of application 103. Notice of application 104. Objecting by caveat 105. Lapsing of caveat 106. Further caveat 107. Refusing or compromising application 108. Registering adverse possessor as owner 108A. Requirements for part of a lot 108B. Consequences of registration Division 6--Trusts, deceased estates and bankruptcy 109. How trusts may be registered 110. Instrument of transfer to trustee 110A. Instrument to vest in trustee 111. Registering personal representative 112. Registering beneficiary 113. Form of application 114. Applying for Supreme Court order 115. Transmission on bankruptcy Part 6A--Community titles schemes Division 1--Preliminary 115A. Basic concept for pt 6A—community titles scheme 115B. Meaning of community titles scheme 115C. Meaning of layered arrangement of community titles schemes 115D. Provisions about lots that are community titles schemes Division 2--Names of community titles schemes 115E. Names of community titles schemes 115F. Reservation of name 115G. Period of reservation Division 3--Scheme land 115H. Single area for scheme land 115I. Enlarging the number of lots through progressive subdivision Division 4--Community management statements 115J. Lodging request to record a new statement 115K. Recording community management statements 115L. When registrar records community management statement Division 5--Statutory easements 115M. Application of div 5 115N. Easements for support 115O. Easements in favour of lots for utility services and utility infrastructure 115P. Easements for utility services and utility infrastructure 115Q. Easements for shelter 115R. Easements for projections 115S. Easement for maintenance of building close to boundary Division 6--Changes to community titles schemes under reinstatement process 115T. Registration for changes to scheme under approved reinstatement process Division 7--Terminating community titles schemes 115U. Instruments required for terminating scheme 115V. Recording termination of scheme Division 8--Amalgamating community titles schemes 115W. Request to record amalgamation of schemes 115X. Recording amalgamation of schemes Division 9--Creating a layered arrangement of community titles schemes from basic schemes 115Y. Request to record creation of layered arrangement 115Z. Recording creation of layered arrangement Part 7--Other dealings Division 1--Writs of execution 116. Registering a writ of execution 117. Effect of registering a writ of execution 118. Cancellation of registration 119. Discharging or satisfying writ of execution 120. Transfer of lots sold in execution 120A. Effect on writ of execution of transfer after sale by mortgagee Division 2--Caveats 121. Requirements of caveats 122. Lodging a caveat 123. Notifying caveat 124. Effect of lodging caveat 125. Withdrawing a caveat 126. Lapsing of caveat 127. Removing a caveat 128. Cancelling a caveat 129. Further caveat 130. Compensation for improper caveat 131. Notices to the caveator Division 3--Powers of attorney and disabilities 132. Instrument not registered until power of attorney registered 133. Registering power of attorney 134. Effect of registering a power of attorney 135. Revoking or disclaiming a power of attorney 136. Act for a minor 137. Act for other person lacking capacity Part 7A--Settlement notice 138. Definitions for part 139. Requirements of settlement notice 140. Depositing settlement notice 141. Effect of settlement notice 142. Withdrawing settlement notice 143. Lapsing of settlement notice 144. Removing settlement notice 145. Cancelling settlement notice 146. Further settlement notice 147. Compensation for improper settlement notice 148. Notices to the transferee 149. Registrar may withdraw instrument 150. Priority of instruments 151. Effect of transferee's notice on caveat 152. Minor correction of settlement notice Part 8--Instruments Division 1--General 153. When instrument capable of registration 154. Lodging certificate of title 155. Correcting unregistered instruments 156. Requisitions 156A. Electronic communication of statutory declaration or affidavit 157. Rejecting instrument for failure to comply with requisition 158. Borrowing lodged instrument before registration 159. Withdrawing lodged instrument before registration 160. Registrar may call in instrument for correction or cancellation 161. Execution and proof 162. Obligations of witness for individual 163. Substitute instrument 164. Dispensing with production of instrument 165. Requiring plan of survey to be lodged 166. Destroying instrument in certain circumstances 167. Transferor must do everything necessary etc. Division 2--Standard terms documents forming part of instruments 168. Meaning of standard terms document in div 2 168A. References to registered standard terms document 169. Standard terms document to which instrument refers may be registered 170. Standard terms document that is part of an instrument 171. Instrument not limited to that contained in standard terms document 172. Withdrawal or cancellation of standard terms document Part 9--Registration of instruments and its effect Division 1--Registration of instruments 173. How an instrument is registered 174. When an instrument is registered 175. Time from when instrument forms part of register etc. 176. Registered instrument operates as a deed 177. Order of registration of instruments 178. Priority of registered instruments 179. Evidentiary effect of recording particulars in the freehold land register Division 2--Consequences of registration Subdivision A General 180. Benefits of registration 181. Interest in a lot not transferred or created until registration 182. Effect of registration on interest 183. Right to have interest registered Subdivision B Indefeasibility 184. Quality of registered interests 185. Exceptions to s 184 186. Action to correct wrong inclusion of a lot 187. Orders by Supreme Court about fraud and competing interests Subdivision C Compensation 188. Compensation for deprivation of lot or interest in lot 188A. Compensation for loss or damage 188AA. Compensation for which claim may not be made 188B. Order by Supreme Court about deprivation, loss or damage 188C. Time limit for claim 188D. No right of subrogation for insurers 189. Matters for which there is no entitlement to compensation 189A. Limit on amounts recoverable by mortgagee 190. State's right of subrogation Part 10--Liens 191. Vendor does not have equitable lien Part 10A--Tidal boundary plans of subdivision 191A. Definitions for pt 10A 191B. Application of pt 10A 191C. Prohibition on registration of relevant tidal boundary plan of subdivision 191D. Approval of Minister in circumstances of accretion or erosion 191E. Approval of Minister in other limited circumstances 191F. No compensation for operation of this part Part 11--Miscellaneous 192. Words and expressions used in instruments under Act 193. Protection from liability 194. Chief executive may approve forms 195. Reference to instrument is reference to instrument completed in appropriate form 196. References in instruments to a person with an interest in a lot includes personal representatives etc. 197. Service 198. Delivery 198A. Supply of statistical data 199. Regulation-making power Part 12--Savings and transitional provisions Division 1--Savings and transitional provisions for Act No. 11 of 1994 200. Things made under repealed Acts 201. Interests and certificates of title under repealed Acts 203. Effect of repeal by this Act 204. Registration of instrument lodged before commencement of this Act 205. Reference to registrar-general etc. 206. References to office of registrar of titles 207. Reference to Act repealed by this Act Division 2--Transitional provision for Act No. 57 of 1995 208. References to registrar of dealings Division 3--Transitional provision for Guardianship and Administration Act 2000 209. Authorisation under repealed s 136 continues for 1 year Division 4--Transitional provision for the Legal Profession Act 2004 210. Continuation of particular exclusion of entitlement under s 189 SCHEDULE 1 WITNESSES TO INSTRUMENTS SCHEDULE 2 DICTIONARY Endnotes - LONG TITLE An Act to consolidate and reform the law about the registration of freehold land and interests in freehold land, and for other related purposes 1 Short title This Act may be cited as the Land Title Act 1994. 3 Object of Act The object of this Act is to consolidate and reform the law about the registration of freehold land and interests in freehold land and, in particular-- (a) to define the rights of persons with an interest in registered freehold land; and (b) to continue and improve the system for registering title to and transferring interests in freehold land; and (c) to define the functions and powers of the registrar of titles; and (d) to assist the keeping of the registers in the land registry, particularly by authorising the use of information technology. 4 Definitions--the dictionary A dictionary in schedule 2 defines particular words used in this Act. 4A References In a provision of this Act about a community titles scheme, a reference to-- (a) scheme land, is a reference to the scheme land for the scheme; and (b) the body corporate, is a reference to the body corporate for the scheme; and (c) common property, is a reference to common property for the scheme; and (d) the community management statement, is a reference to the community management statement for the scheme. 5 Act binds all persons This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth, the other States and the Territories. 6 Registrar of titles (1) There is to continue to be a registrar of titles. (2) The registrar has a seal of office. (3) The registrar is to be employed under the Public Service Act 1996. (4) Judicial notice must be taken of the signature, or the imprint of the seal, of the registrar appearing on a document and the document must be presumed to have been properly signed or sealed until the contrary is proved. (5) In acting under this Act or another Act, the registrar is subject to the chief executive, but is not subject to any other officer or employee of the department. 7 Land registry (1) The chief executive must keep a land registry. (2) The land registry includes-- (a) the freehold land register; and (b) registers about land required or permitted by an Act to be kept by the registrar; and (c) registers about land prescribed by regulation; and (d) other registers about land required or permitted by an Act to be included in the land registry. (3) A regulation may prescribe-- (a) the locations of offices of the land registry or other places where documents may be lodged; and (b) the particular documents that may, or may not, be lodged at a particular office of the land registry or other place for registration or recording in the appropriate register. 8 Form of registers (1) A register kept by the registrar may be kept in the form (whether or not in a documentary form) the registrar considers appropriate. (2) Without limiting subsection (1), the registrar may change the form in which a register or a part of a register is kept. 9 Delegation The registrar may delegate the registrar's powers under this Act or another Act to an officer or employee of the department. 9A Land title practice manual (1) The registrar may keep a manual of land title practice (by whatever name called) in the way the registrar considers appropriate, for the information and guidance of land registry staff and persons dealing with the land registry. (2) The manual may include-- (a) directions given by the registrar under section 10(1)(b); and (b) directions given by the chief executive under the Land Act 1994, section 287(1)(b); and (c) practices developed in the land registry, before or after the commencement of this section, for the depositing and lodging of instruments, including practices directed at ensuring that-- (i) there is consistency and efficiency in land registry processes; and (ii) each register under this Act is an accurate, comprehensive and useable record; and (iii) the integrity of the registers included in the land registry is supported and maintained to the greatest practicable extent. (3) The manual may include statements about additional information a person may be required to produce, or additional instruments or documents a person may be required to deposit, under section 156. (4) The registrar must make the manual available to the public in the way the registrar considers appropriate. (5) Without limiting subsection (4), the registrar must ensure an up-to-date copy of the manual is available to be read free of charge at each office of the land registry. 10 Form of instruments (1) An instrument lodged by a person or issued by the registrar must-- (a) be in the appropriate form; and (b) comply with the directions of the registrar about-- (i) how the appropriate form must be filled in; and (ii) how information to be included in or given with the instrument must be included or given. (2) An instrument required or permitted to be executed must be in the appropriate form when it is executed. (3) However, the registrar may register an instrument that is not in the appropriate form if the registrar is satisfied it is not reasonable to require the instrument to have been executed in the appropriate form. (4) Also, the registrar may register, or otherwise deal with, an instrument that does not comply with a direction mentioned in subsection (1)(b) if the registrar is satisfied it is reasonable to not require the compliance. 11 Execution of certain instruments (1) An instrument to transfer or create an interest in a lot must be executed by-- (a) the transferor or the person creating the interest; and (b) the transferee or the person in whose favour the interest is to be created or a lawyer authorised by the transferee or the person. (2) A total or partial discharge or release of mortgage need only be signed by the mortgagee. 11A Original mortgagee to confirm identity of mortgagor (1) This section applies to the mortgaging of a lot or an interest in a lot. (2) Before the instrument of mortgage is lodged for registration, the mortgagee under the instrument (the original mortgagee) must take reasonable steps to ensure the person who executed the instrument as mortgagor is identical with the person who is, or who is about to become, the registered proprietor of the lot or the interest in a lot. (3) Without limiting subsection (2), the original mortgagee takes reasonable steps under the subsection if the original mortgagee complies with practices included in the manual of land title practice under section 9A(2)(c) for the verification of identification of mortgagors. (4) The original mortgagee must, for 7 years after the instrument of mortgage is registered, and whether or not there is registered a transfer of the interest constituted by the mortgage-- (a) keep, in the approved form, a written record of the steps taken under subsection (2); or (b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2). Maximum penalty--20 penalty units. (5) The registrar may, whether before or after the registration of the mortgage, and whether or not there has been registered a transfer of the interest constituted by the mortgage, ask the original mortgagee-- (a) to advise the registrar about the steps taken by the original mortgagee under subsection (2); and (b) to produce for the registrar's inspection the written record mentioned in subsection (4)(a) or the originals or copies mentioned in subsection (4)(b). (6) The original mortgagee must comply with a request under subsection (5) unless the original mortgagee has a reasonable excuse. Maximum penalty--20 penalty units. (7) This section applies to an instrument of mortgage only if it is executed after the commencement of this section. 11B Mortgage transferee to confirm identity of mortgagor (1) This section applies to the transfer of the interest constituted by the mortgage of a lot or an interest in a lot. (2) Before the instrument of transfer is lodged for registration, the transferee under the instrument of transfer (the mortgage transferee) must take reasonable steps to ensure the person who executed the instrument of mortgage as mortgagor was identical with the person who, when the instrument of mortgage was executed, was, or was about to become, the registered proprietor of the lot, or the interest in a lot. (3) Without limiting subsection (2), the mortgage transferee takes reasonable steps under the subsection if the mortgage transferee complies with practices included in the manual of land title practice under section 9A(2)(c) for the verification of identification of mortgagors. (4) The mortgagee transferee must, for 7 years after the instrument of transfer of the mortgage is registered, and whether or not there is registered a further transfer of the interest constituted by the mortgage-- (a) keep, in the approved form, a written record of the steps taken under subsection (2); or (b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2). Maximum penalty--20 penalty units. (5) The registrar may, whether before or after the registration of the instrument of transfer of the mortgage, and whether or not there has been registered a further transfer of the interest constituted by the mortgage, ask the mortgage transferee-- (a) to advise the registrar about the steps taken by the mortgage transferee under subsection (2); and (b) to produce for the registrar's inspection the written record mentioned in subsection (4)(a) or the originals or copies mentioned in subsection (4)(b). (6) The mortgage transferee must comply with a request under subsection (5) unless the mortgage transferee has a reasonable excuse. Maximum penalty--20 penalty units. (7) This section applies to an instrument of transfer of a mortgage only if the instrument of transfer is executed after the commencement of this section. (8) However, this section applies in relation to an instrument of mortgage whenever executed. 12 Consent to be written on instrument etc. (1) If the consent of a person is necessary for the sale or other dealing with a lot, the consent must be-- (a) written on the relevant instrument; or (b) if the registrar considers it appropriate--deposited with the relevant instrument. (2) Subsection (3) applies if, under the Electronic Transactions (Queensland) Act 2001, an electronic form of the relevant instrument is lodged or deposited by electronic communication. (3) The person is taken to have complied with subsection (1) if-- (a) a method is used to identify the person and to indicate the person's consent; and (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and (c) the registrar consents to the requirement being met by using the method mentioned in paragraph (a). 13 Required number of executed copies to be lodged The registrar may refuse to register an instrument if the number of executed copies of the instrument prescribed by regulation are not lodged. 14 Offence not to use appropriate form If there is an appropriate form for an instrument, a person must not knowingly use a form for the instrument that is not the appropriate form. Maximum penalty--20 penalty units. 15 Registrar may correct registers (1) The registrar may correct any register kept by the registrar if the registrar is satisfied that-- (a) the register is incorrect; and (b) the correction will not prejudice the rights of the holder of an interest recorded in the register. (2) Without limiting subsection (1), the registrar may correct a register under the subsection if-- (a) the register is incorrect because the registrar has incorrectly recorded a particular or registered an instrument; or (b) the registrar has held an inquiry under division 4, and has decided that the register is incorrect, including for example, because there has been fraud affecting the register. (3) The registrar may correct a register kept by the registrar, whether or not the correction will prejudice the rights of the holder of an interest recorded in the register, if-- (a) the register to be corrected is the freehold land register, and the correction is to show, in relation to a lot, an easement the particulars of which have been omitted from, or misdescribed in, the register; or (b) the Supreme Court has ordered the correction under section 26. (4) Section 185(3), (4) and (6) applies for subsection (3)(a) in the same way it applies for section 185(1)(c). (5) The registrar's power to correct a register includes power to correct a particular in the register or an instrument forming part of the register. (6) If a register is corrected, the registrar must record in the register-- (a) the state of the register before the correction; and (b) the time, date and circumstances of the correction. (7) A register corrected by the registrar under this section has the same effect as if the relevant error had not been made. (8) For subsection (1)(b), the rights of the holder of an interest recorded in the register are not prejudiced if the holder acquired or has dealt with the interest with actual or constructive knowledge that the register was incorrect and how it was incorrect. 16 Lot-on-plan description The registrar may simplify the description of a lot registered in the freehold land register by amending the existing description to a lot-on-plan description. 17 Registrar may prepare and register caveat (1) The registrar may prepare and register a caveat over a lot, or an interest in a lot, in favour of a person. (2) The registrar may act under subsection (1) to prevent a dealing with the lot that may prejudice-- (a) the Commonwealth, a State or a local government; or (b) a minor; or (c) a person who is intellectually or mentally impaired or is incapable of managing the person's own affairs; or (d) a person who is absent from the State; or (e) a person because of-- (i) misdescription of the lot or its boundaries; or (ii) fraud or forgery; or (f) a person to whom a notice has been given, or has been required to be given, under section 30(3); or (g) a person, other than a person mentioned in any of paragraphs (a) to (f), who has an interest in the lot. (3) Also, the registrar may act under subsection (1) to prevent a dealing with a lot to give effect to an order of a court of competent jurisdiction directed to the registrar. (4) Subsection (2)(g) applies only if the registrar is satisfied, because of the nature or urgency of particular circumstances, there is no practicable alternative to registering the caveat. 18 Registrar may require public notice to be given of certain proposed action (1) This section applies if a person (the applicant) asks the registrar to do any of the following things-- (a) register the person as an adverse possessor; (b) register a transmission of a registered interest; (c) issue a substitute registered instrument; (d) dispense with production of an instrument. (2) The registrar may, by written notice, require the applicant to give public notice of the request. (3) However, if the applicant has asked the registrar to register the person as an adverse possessor, the registrar must require the applicant to give public notice of the request. (4) The registrar may specify in the notice to the applicant-- (a) what is to be included in the public notice; and (b) how many times the public notice is to be published; and (c) how and when the public notice is to be published. (5) The applicant must satisfy the registrar that the public notice has been given as required by the registrar. 18A Pre-examination of plans (1) Nothing in this Act prevents the registrar from examining a plan of survey and related instruments deposited before the plan-- (a) is sealed by a local government; or (b) is lodged for registration. (2) Section 156 applies to a plan and related instruments deposited under subsection (1). 19 Registrar may decide to hold inquiry The registrar may decide to hold an inquiry under this division-- (a) to decide whether a register should be corrected; or (b) to consider whether a person has fraudulently or wrongfully-- (i) obtained, kept or procured an instrument affecting land in a register; or (ii) procured a particular in a register or an endorsement on an instrument affecting land; or (c) to consider whether a fraud affecting the land registry has otherwise been committed; or (d) to otherwise consider an issue arising from the lodgment or registration of an instrument in the land registry; or (e) in circumstances prescribed by regulation. 20 Registrar's duties on inquiry When conducting the inquiry, the registrar-- (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. 21 Registrar may decide procedures (1) The registrar-- (a) is not bound by the rules of evidence; and (b) may inform himself or herself in any way the registrar considers appropriate; and (c) may decide the procedures to be followed at the inquiry. (2) However, the registrar must comply with this division and the procedural rules that may be prescribed by regulation. 22 Registrar's powers on inquiry (1) In conducting the inquiry, the registrar may-- (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or affirmation or by statutory declaration; and (c) adjourn the inquiry; and (d) disregard a defect, error or insufficiency in a document; and (e) permit or refuse to permit a person (including a lawyer) to represent someone at the inquiry. (2) The registrar may administer an oath or affirmation to a person appearing as a witness before the inquiry. 23 Notice to witness (1) The registrar may, by written notice given to a person, require the person to attend the inquiry at a specified time and place as a witness to give evidence or produce specified documents or things. (2) Without limiting subsection (1), any of the following persons may be required to attend the inquiry-- (a) a person who may have helped another person act fraudulently or wrongfully in a way mentioned in section 19(b); (b) a person who is a party to a transaction that may have resulted in a fraud affecting the land registry; (c) a person who may have contributed directly or indirectly to a fraud affecting the land registry. (3) A person required to appear as a witness before the inquiry is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the registrar. 24 Offences by witnesses (1) A person who is given a notice under section 23 must not-- (a) fail, without reasonable excuse, to attend as required by the notice; or (b) fail, without reasonable excuse, to continue to attend at the inquiry as required by the registrar until excused from further attendance. Maximum penalty--35 penalty units. (2) A person appearing as a witness at the inquiry must not-- (a) fail to take an oath or make an affirmation when required by the registrar; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the registrar; or (c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 23. Maximum penalty--35 penalty units. (3) It is a reasonable excuse for a person to fail to answer a question or produce a document or thing if answering the question or producing the document or thing might tend to incriminate the person. 25 Referral to Supreme Court from inquiry (1) If, in an inquiry under division 4, a person-- (a) fails to attend as required by a notice given under section 23; or (b) fails to continue to attend as required by the registrar; or (c) fails to take an oath or make an affirmation when required by the registrar; or (d) fails to answer a question the person is required to answer by the registrar; or (e) fails to produce a document or thing the person is required to produce by a notice under section 23; the registrar may apply to the Supreme Court for an order to compel the person to comply with the notice or requirement. (2) The Supreme Court may make any order to assist the registrar in the registrar's conduct of the inquiry that the Supreme Court considers appropriate. 26 Other referrals by the registrar to the Supreme Court In any matter under this Act, the registrar may-- (a) apply to the Supreme Court for directions; or (b) state a case for decision by the Supreme Court; or (c) refer a finding of an inquiry to the Supreme Court, seeking-- (i) an order for the registrar or another person to take a stated action, including for example an order for the registrar to correct a register; or (ii) an order the court considers appropriate in the circumstances. 27 Registrar must keep register The registrar must keep a register of freehold land (the freehold land register). 28 Particulars the registrar must record (1) The registrar must record in the freehold land register the particulars necessary to identify-- (a) every lot brought under this Act; and (b) every interest registered in the register; and (c) the name of the person who holds, and the name of each person who has held, a registered interest; and (d) if the person who holds a registered interest is a minor--the minor's date of birth; and (e) all instruments registered in the register and when they were lodged and registered. (2) The registrar must also record in the freehold land register anything else required to be recorded by this or another Act. 29 Particulars the registrar may record (1) The registrar may record in the freehold land register anything that the registrar is permitted to record by this or another Act. (2) The registrar may also record in the freehold land register anything that the registrar considers should be recorded to ensure that the register is an accurate, comprehensive and useable record of freehold land in the State. 30 Registrar must register instruments (1) On lodgment of an instrument, the registrar must register the instrument if-- (a) the person who lodged it complies with the requirements of this Act for its registration; and (b) the instrument is not inconsistent with another Act or law; and (c) if the instrument is a plan of survey--it is not inconsistent with another plan of survey. (2) However, subsection (1) does not prevent the person from withdrawing the instrument. (3) If the instrument is a plan of survey and it is inconsistent with another plan of survey, the registrar may-- (a) give a written notice to a registered proprietor of a lot that may be affected by registration of the plan of survey; or (b) require the person who lodged the instrument to give a written notice, in the way the registrar requires, to a person mentioned in paragraph (a). 31 Instruments form part of the freehold land register On registration of an instrument in the freehold land register, the instrument forms part of the register. 32 Registrar's procedures on lodgment and registration of instrument (1) When an instrument is lodged in the land registry, the registrar must note on the instrument-- (a) the date and time of lodgment; and (b) an identifying reference. (2) When the instrument is registered, the registrar must record the information mentioned in subsection (1)(a) and (b) in the appropriate register. 33 Separate part of the freehold land register for powers of attorney The registrar must keep a separate part of the freehold land register for registered powers of attorney. 34 Other information not part of the freehold land register (1) The registrar may keep separately from the freehold land register information that the registrar considers necessary or desirable for the effective or efficient operation of the register. (2) The information may include information given to the registrar by another entity. (3) A relevant entity is not civilly liable for an act done, or omission made, honestly and without negligence in relation to the giving or keeping of information under this section. (4) Without limiting subsection (3), a relevant entity other than the registrar is not civilly liable in relation to the giving or keeping of inaccurate information under this section if the relevant entity did not give the information to the registrar for keeping under this section. (5) In this section-- relevant entity means-- (a) the registrar; or (b) the chief executive; or (c) the Minister; or (d) the State. 35 Entitlement to search register (1) A person may, on payment of the fee prescribed under a regulation-- (a) search and obtain a copy of-- (i) the indefeasible title of a lot; or (ii) a registered instrument; or (iii) an instrument that has been lodged but is not registered (whether or not it has been cancelled); or (iv) information kept under this Act; and (b) obtain a copy of the indefeasible title of a lot, or a registered instrument, certified by the registrar to be an accurate copy. (2) Subsection (1)(a)(iii) does not apply to an instrument that has been destroyed by the registrar. (3) A search under subsection (1) may be carried out at, or a copy mentioned in subsection (1) obtained from, an office of the land registry during office hours on a day the land registry is open for business. (4) Also, a search under subsection (1) may be carried out at, or a copy mentioned in subsection (1) obtained from, the website of an entity engaged by the chief executive for allowing persons to search the land registry or obtain copies of indefeasible titles, registered or other instruments, or information, kept in the registry. (5) The registrar may allow a person to carry out a search under subsection (1) (a) for-- (a) only part of an indefeasible title for a lot; or (b) only part of an instrument; or (c) only part of the information about an instrument. (6) The registrar may enter into an arrangement with another department allowing the department to carry out a search, or obtain a copy, under this section without payment of the fee mentioned in subsection (1). (7) However, the registrar may enter into an arrangement under subsection (6) only if the registrar is reasonably satisfied the information obtained from the search or the copy will not be-- (a) used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or (b) included in another database of information, in any form, other than with approval from the registrar. 36 Evidentiary effect of certified copies of documents (1) A document purporting to be a certified copy of the indefeasible title of a lot obtained under section 35(1)(b) is evidence of the indefeasible title. (2) A document purporting to be a certified copy of a registered instrument obtained under section 35(1)(b) is evidence of the registered instrument. 37 Creation of indefeasible title An indefeasible title for a lot is created on the recording of the particulars of the lot in the freehold land register. 38 Meaning of indefeasible title The indefeasible title for a lot is the current particulars in the freehold land register about the lot. 39 Single indefeasible title for 2 or more lots (1) The registrar may create a single indefeasible title for 2 or more lots that have the same registered owner by including a single set of particulars for the lots in the freehold land register. (2) The registrar may act under this section if the registrar considers that, in the special circumstances of the case, it is appropriate for the lots to have a single indefeasible title. (3) Without limiting subsection (2), the registrar may act under this section if the lots-- (a) share a common boundary; or (b) have a boundary that adjoins the same part of a road or watercourse. 40 Separation of single indefeasible title for 2 or more lots (1) If the registrar has created a single indefeasible title for 2 or more lots, the registrar may create separate indefeasible titles for any of the lots by cancelling the single set of particulars for the lots in the freehold land register and including separate particulars for the lots. (2) This section does not prevent the registrar from also acting under section 39 for 2 or more of the lots. 41 Transfer of land forming part of indefeasible title If the registrar registers an instrument of transfer for only part of the land in the indefeasible title of a lot, the registrar must create separate indefeasible titles for the part of the land that is transferred, and the part that is not transferred, by cancelling the particulars for the lot in the freehold land register and including separate particulars for each of the parts in the register. 41A Creation of indefeasible title for common property When a community titles scheme is established, the registrar must create an indefeasible title for the common property for the scheme. 41B Meaning of indefeasible title for common property The indefeasible title for common property is the current particulars in the freehold land register about the common property. 41BA Ownership of common property (1) Common property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, in shares proportionate to the interest schedule lot entitlements of their respective lots. (2) Subsection (1) applies even though, under section 41A, the registrar creates an indefeasible title for the common property. (3) An owner's interest in a lot is inseparable from the owner's interest in the common property. Examples for subsection (3)-- 1 A dealing affecting the lot affects, without express mention, the interest in the common property. 2 An owner can not separately deal with or dispose of the owner's interest in the common property. 41C Application of provisions of Act to common property (1) In this Act, a reference to a lot is taken to include a reference to common property. (2) However, subsection (1) has effect only to the extent necessary to allow for the registration, and appropriate recognition under this Act, of dealings that-- (a) affect common property (including dealings affecting interests in common property); and (b) are consistent with the BCCM Act. (3) In particular, subsection (1) has effect subject to the following principles-- • there can be no certificate of title issued for common property • there can be no registered owner for common property (although the body corporate for the community titles scheme that includes the common property is taken to be the registered owner for dealings affecting the fee simple interest in the common property) • the fee simple interest in the common property for a community titles scheme can not be the subject of sale or transfer (although a part of the common property might be the subject of transfer after the registration of an appropriate plan of subdivision and the recording of a new community management statement) • the fee simple interest in common property can not be the subject of a mortgage (although a lesser interest able to be created over common property, for example, a lease, might be the subject of a mortgage). (4) Without limiting subsections (2) and (3), subsection (1) has no application for the purpose of the following provisions-- • this Act's definition of lot • division 2. 42 Issuing of certificates of title (1) The registrar must issue a certificate containing the indefeasible title for a lot (the certificate of title) if asked in writing by the registered owner. (2) However, if the lot is subject to a registered mortgage, the registrar may issue the certificate of title only if the mortgagee consents to the issue of the certificate. (3) Also, if an instrument has been lodged to register an interest in the lot, the registrar may refuse to issue the certificate of title until the instrument has been registered. (4) The registrar must give the certificate of title to the person stated in the owner's request. 43 Certification to be included in certificate of title The certificate must be certified by the registrar as an accurate statement of the current particulars in the freehold land register about the lot. 44 Note about issue of certificate of title etc. If the registrar issues a certificate of title for a lot, the registrar-- (a) must make a note in the particulars for the lot in the freehold land register that the certificate has been issued; and (b) may issue a second certificate only if the first certificate is cancelled. 45 Cancellation of certificate of title on deposit Unless the registrar otherwise directs, a certificate of title that is deposited in the land registry is cancelled, whether or not a note of the cancellation is made on it. 46 Evidentiary effect of certificate of title A certificate of title of a lot is conclusive evidence of the indefeasible title for the lot when it is issued-- (a) other than in the circumstances described in sections 184(3)(b) and 185(1)(c) to (g); or (b) except as far as the particulars specified in the certificate in fact differ from the indefeasible title. 47 Alienated State land to be registered (1) If land is alienated from the State, the deed of grant for the land must be lodged in the land registry. (2) The registrar must register the deed of grant by recording the particulars of the grant in the freehold land register. (3) On the registration of the deed of grant, an indefeasible title is created for the relevant lot. 48 Land held by the State The State may, under this Act, acquire, hold and deal with lots. 48A Available formats for plans (1) A plan of survey may be in a standard, building or volumetric format. (2) The format to be used in the plan depends on how the plan is to define the land to which it relates. 48B Standard format plan A standard format plan of survey defines land using a horizontal plane and references to marks on the ground. Example of marks-- posts in the ground 48C Building format plan (1) A building format plan of survey defines land using the structural elements of a building, including, for example, floors, walls and ceilings. (2) For subsection (1)-- structural elements, of a building, includes projections of, and references to, structural elements of the building. Example for subsection (2)-- Projections might be used to define a lot that includes a balcony, courtyard, roof garden or other area not bounded, or completely bounded, by a floor, walls and a ceiling. 48D Volumetric format plan A volumetric format plan of survey defines land using 3 dimensionally located points to identify the position, shape and dimensions of each bounding surface. 48E Explanatory format plan (1) The registrar may approve the lodging of a plan relating to an interest in land other than a plan of survey in standard, building or volumetric format (an explanatory format plan) if the registrar is satisfied the land to which the interest relates may be accurately defined using-- (a) information already held in the land registry; or (b) other information giving a high level of accuracy about the extent of the interest. (2) Lodging an explanatory format plan, approved under this section, is sufficient compliance with a requirement under this Act to lodge a plan of survey in standard, building or volumetric format. 49 Meaning of plan of subdivision A plan of subdivision is a plan of survey providing for 1 or more of the following-- (a) division of 1 or more lots; (b) amalgamation of 2 or more lots to create a smaller number of lots; (c) dedication of land to public use; (d) redefinition of a lot on a resurvey. 49A Plan of subdivision may be registered (1) A plan of subdivision may be registered. (2) A lot defined in the plan is created as a lot when the plan is registered. 49B Standard format plan of subdivision (1) This section applies to a standard format plan of subdivision. (2) Common property for a community titles scheme may be created under the plan, but only if-- (a) the plan also creates 2 or more lots; or (b) the common property created is additional to common property already existing under the community titles scheme. (3) The plan may create a lot from common property, other than common property created under-- (a) a building format plan of subdivision, and within structural elements of a building; or (b) a volumetric format plan of subdivision. 49C Building format plan of subdivision (1) This section applies to a building format plan of subdivision. (2) Common property for a community titles scheme must be created under the plan unless the plan divides a lot, or amalgamates 2 or more lots, on an existing registered building format plan of subdivision. (3) Two or more lots must be created under the plan unless-- (a) the plan amalgamates 2 or more lots on an existing registered building format plan of subdivision; or (b) common property for a community titles scheme is created under the plan, and the common property created is additional to common property already existing under the community titles scheme. (4) Except to the extent permitted under a direction given by the registrar under section 10(1)(b), the boundary of a lot created under the plan, and separated from another lot or common property by a floor, wall or ceiling, must be located at the centre of the floor, wall or ceiling. 49D Volumetric format plan of subdivision (1) This section applies to a volumetric format plan of subdivision. (2) Common property for a community titles scheme may be created under the plan, but only if-- (a) the plan also creates 2 or more lots; or (b) the common property created is additional to common property already existing under the community titles scheme. (3) The plan may divide a lot on a standard, building or volumetric format plan of subdivision. 49DA Creation of common property If scheme land for a community titles scheme is to be subdivided by a plan of subdivision under sections 49B to 49D to create common property, the registration of the plan and recording of the new community management statement for the scheme operate, without anything further, to create the common property. 49E Division of lot on standard format plan of subdivision (1) This section applies if a building or volumetric format plan of subdivision divides a standard format lot, creating 2 or more lots. (2) If, after the division, a created lot continues to be defined using a horizontal plane and references to marks on the ground, the created lot is a standard lot. 50 Requirements for registration of plan of subdivision (1) A plan of subdivision must-- (a) distinctly show all roads, parks, reserves and other proposed lots that are to be public use land; and (b) include a statement agreeing to the plan and dedicating the public use land by-- (i) the registered owner; or (ii) if the mortgagee of the registered owner is in possession--the mortgagee in possession; and (c) show all proposed lots marked with separate and distinct numbers; and (d) distinctly show all proposed common property; and (e) show all proposed easements marked with separate and distinct letters; and (f) comply with the Survey and Mapping Infrastructure Act 2003; and (g) be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003; and (h) have been approved by the relevant planning body, unless the plan of subdivision provides only for-- (i) the amalgamation of 2 or more lots to create a smaller number of lots; or (ii) the redefinition of a lot on a resurvey; or (iii) under the BCCM Act, chapter 2, part 3, division 2, the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and (i) if the plan of subdivision provides for the division of 1 or more lots, or the dedication of land to public use--have been approved by the relevant planning body; and (j) be consented to by all registered mortgagees of each lot the subject of the plan and all other registered proprietors whose interests are affected by the plan. (2) If the plan of subdivision is to give effect to a surrender under the Land Act 1994, section 55, of all or part of land contained in a deed of grant in trust, the plan of subdivision-- (a) must be endorsed with the written approval of the Minister under that section; and (b) need not have been approved by the local government concerned as would otherwise be required under subsection (1)(h) or (i). (3) In this section-- relevant planning body means-- (a) if the proposed lots are in an urban development area--the Urban Land Development Authority; or (b) otherwise--the relevant local government. 51 Dedication of public use land in plan (1) The dedication of a lot to public use in a plan of subdivision must be of the registered proprietor's whole interest in the lot other than for any part of the lot reserved to the registered proprietor. (2) If the dedication is for a road, the registration of the plan operates, without anything further, to open the road for the Land Act 1994. (3) If the dedication is for a public use other than a road, on registration of the plan, without anything further, the lot becomes unallocated State land under the Land Act 1994. (3A) However, if a dedication mentioned in subsection (3) is stated to be for an identified community purpose under the Land Act 1994, and the plan is consented to by the Minister administering the Land Act 1994, on registration of the plan, without anything further, the lot is dedicated as a reserve for the community purpose. (4) Subsection (5) applies to an easement over a lot if-- (a) the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and (b) the lot or a part of the lot is dedicated for a road under subsection (2). (5) The easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road. 51A Access for public use land A plan of subdivision providing for the dedication of a lot to public use, other than as a road, may be registered only if-- (a) on registration, access to the lot will be available through a road or a public thoroughfare easement; or (b) the Minister administering the Land Act 1994 has approved that the plan of subdivision may be registered without access to the lot being available. 52 Particulars to be recorded on registration of plan In registering a plan of subdivision, the registrar must record in the freehold land register particulars of-- (a) each proposed lot that is not public use land; and (b) to the extent that it is practicable--common property created under the plan. 53 Lodged plan that is withdrawn and re-lodged If a plan of subdivision is lodged within the time specified in the Integrated Planning Act 1997, section 3.7.6 and is withdrawn and re-lodged under section 159, it must be treated for the purposes of sections 175 and 178 to have been lodged when it was first lodged. 54 Division excluding road or watercourse (1) A lot may be divided by a plan of subdivision, even though there is a road or watercourse within the boundaries of the lot that is not part of the lot. (2) However, the road or watercourse is not included in any lot created by the plan of subdivision, even though it may be within the boundaries of the lot. 54A Building management statement may be registered (1) A building management statement may be registered. (2) A building management statement is an instrument that-- (a) identifies lots to which it applies; and (b) contains provisions benefiting and burdening the lots to which it applies; and (c) otherwise complies with the requirements of this division for a building management statement. (3) Each lot to which a building management statement applies must be a lot entirely or partly contained in, or entirely or partly containing, 1 or more buildings. (4) However, a building management statement that otherwise complies with subsection (3) may also apply to a lot that is not entirely or partly contained in, and does not entirely or partly contain, 1 or more buildings if the lot is the subject of a building development approval. (5) If a lot to which a building management statement applies is the subject of a plan of subdivision, the statement applies to each lot created by the registration of the plan. (6) In this section-- building development approval means a development approval, under the Integrated Planning Act 1997, for development relating to a proposed building or buildings. 54AA Single area for lots to which building management statement applies (1) The lots to which a building management statement applies must form a single, continuous area of land. (2) A number of lots are taken to form a single, continuous area of land even if there is a road or watercourse within the external boundaries of the area comprising of the lots. (3) Despite subsection (1), a building management statement may apply to lots that do not form a single, continuous area of land if the registrar is satisfied, on reasonable grounds, that all the lots are located within an area that is sufficiently limited to ensure the effective and efficient application of the provisions of this division. 54B Circumstances under which building management statement may be registered (1) A building management statement may be registered only if it is signed by the registered owners of all lots to which the statement applies. (2) The lots to which a building management statement applies must comprise-- (a) 2 or more volumetric format lots; or (b) 1 or more volumetric format lots, and 1 or more standard format lots. 54C Content of building management statement (1) A building management statement must contain provisions about the following-- (a) the supply of services to lots; (b) rights of access to lots; (c) rights of support and shelter; (d) insurance arrangements. (2) A building management statement may contain provisions about the following- - (a) establishment and operation of a management group; (b) imposition and recovery of levies, how levy amounts are to be kept and how levy amounts are to be spent; (c) property maintenance; (d) architectural and landscaping standards; (e) dispute resolution; (f) rules for common services and facilities; (g) administrative arrangements; (h) arrangements for accomplishing the extinguishment of the statement; (i) proposed future development. (3) To avoid doubt, it is declared that a right of access, support or shelter, or other right in the nature of an easement, under a building management statement may operate according to its terms, and may be effective, despite the absence of a formal registered easement establishing the right. (4) A dispute resolution provision under a building management statement may operate to require the referral of a dispute arising under the building management statement other than to a court, but the provision is ineffective to the extent that it purports to operate to stop final determination of the dispute in a court of competent jurisdiction. 54D Registration of building management statement (1) When registering a building management statement, the registrar must record a reference to the statement on the indefeasible title for each lot to which the statement relates. (2) However the registrar is not obliged to examine, but may examine, a building management statement for its validity, including, in particular, its consistency with any plan of subdivision, or its compliance with the requirements for a building management statement. 54E Amending a building management statement (1) A building management statement may be amended by registering an instrument of amendment of the building management statement. (2) The instrument of amendment must be signed by the registered owner of all lots to which the building management statement applies. (3) The instrument of amendment must not change the lots to which it applies. 54F Building management statement if lots owned by 1 registered owner A building management statement may be registered even if all the lots to which it applies have the one registered owner. 54G One person becoming registered owner of all lots If the one person becomes the registered owner of all lots to which a building management statement applies, the building management statement is extinguished only if the registered owner asks the registrar to extinguish it. 54H Extinguishing a building management statement (1) A building management statement may be extinguished by registering an instrument of extinguishment of the building management statement. (2) A building management statement may be extinguished in part to remove a lot that is not contained in, or does not contain, a building or a part of a building, by registering an instrument of partial extinguishment of the building management statement. (3) The instrument of extinguishment or partial extinguishment must be signed by the registered owners of all lots to which the building management statement applies. (4) However, a building management statement may be extinguished or partially extinguished only if all registered mortgagees of lots to which the building management statement applies consent to the extinguishment. 54I Lots constituted by community titles schemes (1) For the operation of this division-- (a) a lot could be constituted by the scheme land for a community titles scheme; and (b) for the signing of the statement, or an amendment, extinguishment or partial extinguishment of the statement, by the registered owner of the lot, the body corporate for the scheme is taken to be the registered owner. (2) To remove any doubt, it is declared that if a building management statement applies to scheme land for a community titles scheme, the building management statement is binding on the community titles scheme. (3) Also, if the building management statement provides for the establishment and operation of a management group, a decision made by the management group under the building management statement is binding on the community titles scheme. (4) Subsections (2) and (3) have effect despite section 97 of the BCCM Act. (5) To remove any doubt, it is declared that if a building management statement applies to scheme land for a community titles scheme, registration of the building management statement does not, and can not, give the body corporate of the community titles scheme an interest in any particular lot included in the scheme. 54J Building management statement affecting freehold and non-freehold land (1) If a building management statement benefits or burdens both freehold and non-freehold land, the building management statement must be registered in the appropriate registers. (2) Further dealings affecting the building management statement must also be registered in the appropriate registers. (3) If a lot subject to a building management statement, including a lot over which a lease is issued under the Land Act 1994, is surrendered to the State to be dealt with under the Land Act 1994, the building management statement continues over the resulting unallocated State land only if the Minister approves the continuation. (4) In considering whether to approve the continuation of the building management statement, the Minister may consider if it is reasonably necessary to benefit the lots, including the unallocated State land, the subject of the building management statement. (5) In this section-- Minister means the Minister administering the Land Act 1994. 55 Registering life interests and remainders The registrar may record in the freehold land register an interest in a lot for life and an interest in remainder in the way the registrar considers appropriate. 56 Registering co-owners (1) In registering an instrument transferring an interest to co-owners, the registrar must also register the co-owners as holding their interests as tenants in common or as joint tenants. (2) If the instrument does not show whether co-owners are to hold as tenants in common or as joint tenants, the registrar must register the co-owners as tenants in common. 57 Separate indefeasible titles for tenants in common (1) If a lot is, or is to be held, by 2 or more registered owners as tenants in common, the registrar may create a separate indefeasible title for the interest of each owner by including a separate set of particulars in the freehold land register for the interest of each owner. (2) The registrar may act under this section at the request of an owner. 58 Time share schemes If a registered owner of a lot subject to a time share scheme proposes to transfer to each participant in the scheme an interest as tenant in common with other participants, the registrar may create in the name of the registered owner-- (a) separate indefeasible titles for each interest by including a separate set of particulars in the freehold land register for each interest; or (b) a single indefeasible title for several interests by including a single set of particulars in the freehold land register for the interests. 59 Severing joint tenancy (1) A registered owner of a lot subject to a joint tenancy may unilaterally sever the joint tenancy by registration of a transfer executed by the registered owner. (2) However, the registrar may register the instrument of transfer only if a registered owner satisfies the registrar that a copy of the instrument has been given to all other joint tenants. (3) On registration of the instrument of transfer, the registered owner becomes entitled as a tenant in common with the other registered owners. (4) If there are more than 2 joint tenants of the lot, the joint tenancy of the other registered owners is not affected. 60 Registering a transfer (1) A lot or an interest in a lot may be transferred by registering an instrument of transfer for the lot or interest. (2) To remove any doubt, part of a lot may not be transferred. 61 Requirements of instrument of transfer (1) An instrument of transfer for a lot or an interest in a lot must-- (a) be validly executed; and (b) include particulars sufficient to identify-- (i) the lot to be transferred; or (ii) the lot to which the interest applies; and (c) include an acknowledgment of the amount paid or details of other consideration; and (d) for an interest in a lot--include a description sufficient to identify the interest to be transferred. (2) Subsection (1) does not limit the matters that the appropriate form for an instrument of transfer may require to be included in the instrument. 62 Effect of registration of transfer (1) On registration of an instrument of transfer for a lot or an interest in a lot, all the rights, powers, privileges and liabilities of the transferor in relation to the lot vest in the transferee. (2) Without limiting subsection (1), the registered transferee of a registered mortgage is bound by and liable under the mortgage to the same extent as the original mortgagee. (3) Without limiting subsection (1), the registered transferee of a registered lease is bound by and liable under the lease to the same extent as the original lessee. (4) In this section-- rights, in relation to a mortgage or lease, includes the right to sue on the terms of the mortgage or lease and to recover a debt or enforce a liability under the mortgage or lease. 63 Transfer of mortgaged lot (1) If a lot, or an interest in a lot, subject to a registered mortgage is transferred, the transferee is liable-- (a) to comply with the terms of the mortgage and the terms implied by an Act; and (b) to indemnify the transferor against liability under the mortgage and under this or another Act. (2) If a lot is transferred to a mortgagee of the lot, the registrar must register the mortgagee as registered owner released from the mortgage. (3) The registrar must act under subsection (2) unless the mortgagee asks the registrar not to act under the subsection. 64 Registering a lease A lot or part of a lot may be leased by registering an instrument of lease for the lot or part. 65 Requirements of instrument of lease (1) An instrument of lease for a lot or part of a lot must-- (a) be validly executed; and (b) include a description sufficient to identify the lot or part of the lot to be leased; and (c) include an acknowledgment of the amount paid or details of other consideration. (2) If the instrument of lease is for part of the lot, the instrument must also include-- (a) a sketch plan identifying the part of the lot drawn to a standard to the registrar's satisfaction; or (b) if required by the registrar--a plan of survey identifying the part of the lot. (3) However, the registrar may allow the part of the lot to be identified by a description alone if the registrar is satisfied the part of a lot is sufficiently identified by the description in the instrument. (3A) If the instrument of lease (other than a lease of all or part of a building) is for the reconfiguration of a lot within the meaning of the Integrated Planning Act 1997, the instrument must have been approved by-- (a) if the lot is in an urban development area--the Urban Land Development Authority; or (b) otherwise--the relevant local government. (4) This section does not limit the matters that the appropriate form for an instrument of lease may require to be included in the instrument. 66 Validity of lease or amendment of lease against mortgagee A lease or amendment of a lease executed after registration of a mortgage of a lot is valid against the mortgagee only if the mortgagee consents to the lease or amendment before its registration. 67 Amending a lease (1) In this section-- term of a registered lease includes a period of possession under the lease because of-- (a) the exercise of an option to renew in the lease; or (b) a registered instrument of amendment extending the term of the lease. (2) A registered lease may be amended by registering an instrument of amendment of the lease. (3) However, the instrument of amendment must not-- (a) increase or decrease the area leased; or (b) add or remove a party to a lease; or (c) be lodged after the lease's term has ended. (4) The procedure for amendment specified in this section is in addition to other rights that are not inconsistent with this Act. 68 Re-entry by lessor (1) If a lessor under a registered lease of a lot or part of a lot lawfully re- enters and takes possession under the lease, the lessor may lodge a request for the registrar to register the re-entry. (2) The interest of the lessee ends on the registration of the request for the re-entry. 69 Surrendering a lease (1) A registered lease may be wholly or partly surrendered by operation of law or by registering an instrument of surrender of the lease executed by the lessor and the lessee. (2) However, a registered lease may be surrendered by registering an instrument of surrender only with the consent of every mortgagee and sublessee of the lessee. (3) If an instrument of surrender of lease is lodged, the registrar may register the instrument and record the date of surrender specified in the instrument in the freehold land register. (4) On registration of an instrument of surrender of a registered lease, the interest of the lessee vests in the lessor. (5) This section does not apply to a surrender or disclaimer under a law about bankruptcy. 70 Disclaimer in bankruptcy The registrar may register a disclaimer of a lease or other interest in a lot under a law about bankruptcy only if notice of the disclaimer and a request to register it is lodged. 71 Validity of unregistered lease An unregistered lease of a lot or part of a lot is not invalid merely because it is unregistered. 72 Mortgaging lot etc. by registration (1) A lot or an interest in a lot may be mortgaged by registering an instrument of mortgage for the lot or interest. (2) However, a mortgage is not an interest in a lot that can be mortgaged. 73 Requirements of instrument of mortgage (1) An instrument of mortgage must-- (a) be validly executed; and (b) include a description sufficient to identify the lot to be mortgaged; and (c) include a description of the debt or liability secured by the mortgage; and (d) include a description sufficient to identify the interest to be mortgaged. (2) If the mortgagor is registered as a trustee, a document specifying the details of the trust, or the document creating the trust, must be deposited with the mortgage unless-- (a) a document has already been deposited with an instrument of transfer under section 110(3); and (b) the details of the trust have not since changed. (3) Subsection (1) does not limit the matters that the appropriate form for an instrument of mortgage may require to be included in the form. 74 Effect of registration of a mortgage A registered mortgage of a lot or an interest in a lot operates only as a charge on the lot or interest for the debt or liability secured by the mortgage. 75 Equitable mortgage (1) An equitable mortgage of a lot may be created by leaving a certificate of title with the mortgagee. (2) Subsection (1) does not affect the ways in which an equitable mortgage may be created. 76 Amending a mortgage (1) A registered mortgage may be amended by registering an instrument of amendment of the mortgage. (2) However, the instrument of amendment must not-- (a) increase or decrease the area of land charged by the mortgage; or (b) add or remove a party to the mortgage. 77 Amending priority of mortgages (1) The priority of registered mortgages may be amended by registering an instrument amending priority. (2) The instrument amending priority must-- (a) specify the order of priority of all affected registered mortgages; and (b) be executed by all mortgagees affected by the amendment. (3) On registration of the instrument amending priority, the mortgages have priority in the order specified in the instrument. 78 Powers of mortgagee (1) A registered mortgagee of a lot has the powers and liabilities of a mortgagee under the Property Law Act 1974, part 7. (2) Without limiting subsection (1), but subject to the terms of the mortgage, if the mortgagor defaults under a registered mortgage, the mortgagee may-- (a) take possession of the mortgaged lot in a way that does not contravene the Criminal Code, section 70; or (b) enter into possession of the mortgaged lot by receiving rents and profits; or (c) by a proceeding in a court of competent jurisdiction-- (i) obtain possession of the mortgaged lot; or (ii) foreclose the right of the mortgagor to redeem the mortgaged lot; or (iii) obtain an order of the court for the sale of the mortgaged lot. (3) The powers in this section are in addition to other powers exercisable by the mortgagee. 79 Effect of transfer after sale by mortgagee If an instrument of transfer executed by a registered mortgagee after the exercise of the power of sale under the mortgage is registered, registration of the instrument vests in the transferee the mortgagor's interest that is transferred, free from liability under the mortgage and any other mortgage registered after it. 80 Liability of mortgagee in possession of leased lot (1) A mortgagee of a leasehold interest in a lot who enters into possession under the lease (whether by taking the rents or profits or in another way) is liable under the lease to the same extent as the lessee was liable under the lease before the mortgagee entered into possession. (2) However, the liability of the mortgagee under the lease is limited to the amount of rents, profits or other benefits received by the mortgagee during the mortgagee's possession. 81 Releasing a mortgage (1) On lodgment of an instrument releasing a mortgage, the registrar may register the release to the extent shown in the instrument of release. (2) The instrument of release may release the debt or liability secured for-- (a) all or part of the mortgage; or (b) 1 or more of the mortgagors. (3) On registration of the instrument of release, the mortgage is discharged, and the lot is released from the mortgage, to the extent shown in the instrument of release. 81A Definitions for div 4 In this division-- cane railway easement see the Sugar Industry Act 1999, section 63(5). full supply level see the Water Supply (Safety and Reliability) Act 2008, schedule 3. mill owner see the Sugar Industry Act 1999, schedule. public thoroughfare easement means a public utility easement provided for under section 89(3). public utility easement means an easement in favour of a public utility provider. public utility provider means-- (a) the State or another entity representing the State; or (b) the Commonwealth or another entity representing the Commonwealth; or (c) a local government; or (d) a person authorised by law to provide a public utility service; or (e) a person approved by the Minister as suitable to provide a particular public utility service; or (f) a mill owner, but only for the registration of a cane railway easement. 82 Creation of easement by registration (1) An easement over a lot may only be created by registering an instrument of easement. (2) The instrument must state-- (a) the nature of the easement and its terms; and (b) the land to be benefited, and the land to be burdened, by the easement. (3) A public utility easement for water storage may be created only for water storage-- (a) for a weir--on land upstream of the weir and within or outside the storage area at full supply level; or (b) for a dam--on land upstream of the barrier of the dam and outside the storage area at full supply level. (4) The instrument creating the easement must show the part of the land over which water may be stored. 83 Registration of easement (1) An instrument creating an easement over part of a lot may be registered only if-- (a) a plan of survey designating the easement is registered; and (b) it is signed by-- (i) the registered owner of the lot to be burdened; and (ii) if the easement benefits another lot--the registered owner of the lot; and (iii) if the easement benefits non-freehold land--the lessee or other person entitled to the land; and (iv) if the easement is a public utility easement--the public utility provider. (2) If, under the Integrated Planning Act 1997, the creation of an easement giving access to a lot from a constructed road is the reconfiguring of a lot, the plan of survey must be approved by-- (a) if the lot is in an urban development area--the Urban Land Development Authority; or (b) otherwise--the relevant local government. 83A Registration of plan showing proposed easement (1) A plan designating a proposed easement may be registered only if the designation includes the words 'proposed easement'. (2) The designation-- (a) does not create an easement; and (b) is not evidence of a present intention to create an easement. 84 Limitation of easements An easement may be limited wholly or partly in height, depth or both. 85 Instrument affecting freehold and non-freehold land (1) If an easement benefits or burdens both freehold and non-freehold land, the easement must be registered in the appropriate registers. (2) Further dealings affecting the easement must also be registered in the appropriate registers. (3) If a lot subject to an easement is surrendered to the State to be dealt with under the Land Act 1994, the easement continues over the resulting unallocated State land only if-- (a) the easement is in favour of a public utility provider; and (b) the Minister approves continuation of the easement. (4) If an easement continues over unallocated State land, the continuation must be recorded in the appropriate registers. 85A Particulars to be registered (1) When an easement is registered, the following particulars must be recorded in the appropriate registers-- (a) the lot burdened by the easement; (b) any lot benefited by the easement; (c) any registered lease benefited or burdened by the easement; (d) if non-freehold land is benefited or burdened by the easement-- any registered sublease or sub-sublease benefited or burdened by the easement. (2) A public utility easement for water storage burdens the whole of the land any part of which may be affected by the storage. 85B Rights and liabilities created on registration of instrument (1) On registration of the instrument creating an easement, the easement is created and, without anything further, vests in the person entitled to the benefit of it. (2) If the easement is in favour of a public utility provider and is not a public thoroughfare easement, the registered owner of a lot burdened by the easement may recover from the public utility provider a reasonable contribution towards the cost of keeping the part of the lot affected by the easement in a condition appropriate for enjoyment of the easement. (3) The liability to contribute may be amended or excluded by agreement. 86 Easement benefiting and burdening same registered owner's lots An instrument of easement may be registered even if-- (a) the lot benefited and the lot burdened by the easement have, or are to have, the same registered owner; or (b) the owner of the lot benefited by the easement holds an interest in the lot burdened by the easement. 87 Same person becoming registered owner of benefited and burdened lots If the same person becomes the registered owner of the lot benefited and the lot burdened by an easement, the easement is extinguished only if-- (a) the registered owner asks the registrar to extinguish the easement; or (b) the registrar creates a single indefeasible title for the lots. 88 Owner of benefited land acquiring interest in burdened land An easement is not extinguished merely because the owner of the lot benefited by the easement acquires an interest, or a greater interest, in the lot burdened by the easement. 89 Easements for public utility providers (1) Despite section 82(2), it is not necessary to state the land to be benefited in a public utility easement that is not attached to, or used or enjoyed with, other land. (2) However, a public utility easement mentioned in subsection (1)-- (a) may be registered only for the following-- (i) a right of way; (ii) drainage or sewerage; (iii) the supply of water, gas, electricity, telecommunication facilities or another public utility service; (iv) water storage; (v) an infrastructure corridor; (vi) a purpose mentioned in the State Development and Public Works Organisation Act 1971, section 125(1); (vii) in the case of a cane railway easement in favour of a mill owner--a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999; and (b) may be registered in favour of a person mentioned in section 81A, definition public utility provider, paragraph (e), only if the easement is for the public utility service mentioned in the paragraph. (3) Further, a public utility easement mentioned in subsection (1) may be registered for a right of way for the public only if-- (a) the public utility provider under the easement is the State or a local government; and (b) use of the easement is limited to the following-- (i) pedestrians; (ii) cyclists; (iii) vehicles reasonably necessary for the building and maintenance of the easement. (4) A registered public thoroughfare easement is taken not to be registered under this Act to the extent it-- (a) is inconsistent with the relevant provisions for the easement; or (b) purports to provide other than for a public thoroughfare easement. (5) Subsection (4) has effect only in relation to public utility easements registered after the commencement of this subsection. (6) The registrar may refuse to register an instrument of easement purporting to be a public thoroughfare easement if the registrar is satisfied it-- (a) is to any extent inconsistent with the relevant provisions for the easement; or (b) purports to any extent to provide other than for a public thoroughfare easement. (7) In this section-- infrastructure corridor means an infrastructure corridor under the State Development and Public Works Organisation Act 1971, section 82(8). pedestrian includes-- (a) anyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995; and (b) anyone or anything else whose use of an area is commonly associated with pedestrian use of the area. Example for paragraph (b)-- a child being pushed in a pram, an animal being taken on a leash relevant provisions, for a public thoroughfare easement, means the provisions about public thoroughfare easements included in-- (a) if the public utility provider under the easement is a local government--the Local Government Act 1993; or (b) if the public utility provider under the easement is the State-- the Transport Infrastructure Act 1994. 90 Surrendering an easement (1) A registered easement may be wholly or partly surrendered by registering an instrument of surrender of the easement. (2) The instrument of surrender may be signed by-- (a) the owner of the lot burdened by the easement and the owner of the lot benefited by the easement; or (b) only the owner of the lot benefited by the easement; or (c) only the public utility provider in whose favour the easement is registered. (3) However, a registered easement may be surrendered only if all registered mortgagees and lessees of the lot benefited by the easement consent to the surrender. (4) Subsection (3) does not apply to a lessee who does not receive a benefit from the easement. (5) In this section-- owner, of a lot, means-- (a) the registered owner of the lot; or (b) if the mortgagee of the registered owner is in possession--the mortgagee in possession. 91 Amending an easement (1) A registered easement may be amended by registering an instrument of amendment of the easement. (2) However, the instrument of amendment must not-- (a) change the location of the easement; or (b) increase or decrease the area of land affected by the easement; or (c) change a party to the easement. 92 Application of Property Law Act 1974, s 181 The Property Law Act 1974, section 181 applies to a registered easement. 97A Covenant by registration (1) A lot may be made the subject of a covenant by the registration of an instrument of covenant under this division. (2) An instrument of covenant may be registered under this division only if the covenantee under the instrument is the State or another entity representing the State, or a local government. (3) The covenant must-- (a) relate to the use of-- (i) the lot or part of the lot; or (ii) a building, or building proposed to be built, on the lot; or (b) be aimed directly at preserving-- (i) a native animal or plant; or (ii) a natural or physical feature of the lot that is of cultural or scientific significance; or (c) be for ensuring that the lot may be transferred to a person only if there is also transferred to the person-- (i) another lot that is also the subject of the covenant; or (ii) non-freehold land that, under the Land Act 1994, is the subject of the covenant; or (iii) a lot mentioned in subparagraph (i) together with non-freehold land mentioned in subparagraph (ii). (4) The covenant-- (a) may be a positive covenant or a negative covenant; and (b) is binding on the covenantor and the covenantor's successors in title. (5) The covenant must not prevent a person from-- (a) registering an interest under this Act; or (b) exercising the person's rights under a registered interest; or (c) releasing or surrendering a registered interest. (6) The covenant must not-- (a) secure the payment of money or money's worth payable under a condition of a development approval or an infrastructure agreement under the Integrated Planning Act 1997; or (b) provide for anything capable of being the subject of an instrument of easement. (7) For subsection (3)(a), the covenant relates to the use of the lot, a part of the lot, a building on the lot or a building proposed to be built on the lot, only if it provides for-- (a) a purpose for which the lot, the part or the building must be used; or Examples of covenants for paragraph (a)-- that a building on the lot must be used for educational purposes that the lot must be used for noise attenuation purposes (b) a purpose that is the only purpose for which the lot, the part or the building may be used; or Examples of covenants for paragraph (b)-- that a building on the lot may be used only for residential purposes that the lot may be used only for organic farming (c) a purpose for which the lot, the part or the building must not be used. Examples of covenants for paragraph (c)-- that a building on the lot must not be used for a stated commercial purpose that the lot must not be used for industrial purposes (8) For subsection (3)(a), the covenant does not relate to the use of the lot, a part of the lot, a building on the lot or a building proposed to be built on the lot, to the extent it provides for-- (a) for a building or proposed building--an architectural, construction or landscaping standard for the building; or (b) a statement, acknowledgement or obligation relating to the use of land other than the lot; or Examples-- an acknowledgement that the lot is in the vicinity of other land and that the other land is used for industrial purposes a statement that the occupier of other land can not be made the subject of any proceedings relating to the occupier's use of that land (c) a condition that must be complied with before the lot can be used for a stated purpose or any purpose; or Example-- a condition that a residence can not be built on the lot until stated utility services are connected (d) regulation of the conduct of the owner of the lot, if the conduct is unrelated to, or is ancillary to, use of the lot. Examples for paragraph (d)-- an obligation not to start proceedings in relation to activities happening on land other than the lot an obligation not to use the lot for residential purposes unless a rainwater tank is installed 97AA Compliance with s 97A (1) A registered instrument of covenant is taken not to be registered under this Act to the extent it is inconsistent with section 97A. (2) Subsection (1) has effect only in relation to instruments of covenant registered after the commencement of this section. (3) The registrar may refuse to register an instrument purporting to be an instrument of covenant if the registrar is satisfied it is to any extent inconsistent with section 97A. 97B Requirements of instrument of covenant (1) An instrument of covenant must-- (a) be validly executed; and (b) include a description sufficient to identify the land to be the subject of the covenant; and (c) include a description of the covenant. (2) Subsection (1) does not limit the matters that the appropriate form for an instrument of covenant may require to be included in the form. 97C Amending an instrument of covenant (1) A covenant may be amended by registering an instrument of amendment of the covenant. (2) The instrument of amendment may be registered only if it is validly executed. (3) However, the instrument of amendment must not-- (a) increase or decrease the area of land the subject of the covenant; or (b) add or remove a party to the covenant. 97D Releasing a covenant (1) A registered covenant may be wholly or partly discharged by registering an instrument releasing the covenant. (2) The instrument must be signed by the covenantee. (3) On lodgement of the instrument, the registrar may register the release to the extent shown in the instrument. (4) On registration of the instrument, the covenant is discharged, and the lot is released from the covenant, to the extent shown in the instrument. 97DA Application of Property Law Act 1974, s 181 The Property Law Act 1974, section 181, applies to a registered covenant. 97E Profit a prendre by registration A lot may be made the subject of a profit a prendre by the registration of an instrument of profit a prendre under this division over the lot. 97EA Profit a prendre affecting a lot and non-freehold land (1) This section applies if an instrument of profit a prendre is registered under section 97E in relation to a lot and the profit a prendre also-- (a) benefits another lot; or (b) benefits non-freehold land; or (c) burdens another lot; or (d) burdens non-freehold land; or (e) has effect in any combination of paragraphs (a) to (d). (2) The instrument must be registered in the appropriate registers. (3) Further dealings affecting the profit a prendre must also be registered in the appropriate registers. 97F Requirements of instrument of profit a prendre (1) An instrument of profit a prendre must-- (a) be validly executed; and (b) include a description sufficient to identify the lot to be the subject of the profit a prendre; and (c) include a description of the profit a prendre to which the lot is to be subject, including the period for which the profit a prendre is to be enjoyed. (2) Subsection (1) does not limit the matters that the appropriate form for an instrument of profit a prendre may require to be included in the form. 97G Particulars to be registered When registering an instrument of profit a prendre, the registrar must record particulars of the following in the freehold land register-- (a) the lot burdened by the profit a prendre; (b) any lot benefited by the profit a prendre; (c) any lease of non-freehold land benefited or burdened by the profit a prendre. 97H Profit a prendre benefiting and burdening same registered owner's lots If a lot is to be benefited by a profit a prendre, the instrument of profit a prendre may be registered even if-- (a) the lot benefited and the lot burdened by the profit a prendre have, or are to have, the same registered owner; or (b) the owner of the lot benefited by the profit a prendre holds an interest in the lot burdened by the profit a prendre. 97I Same person becoming registered owner of benefited and burdened lots If a lot is benefited by a profit a prendre, and the same person becomes the registered owner of the lot benefited and the lot burdened by the profit a prendre, the profit a prendre is extinguished only if-- (a) the registered owner asks the registrar to extinguish the profit a prendre; or (b) the registrar creates a single indefeasible title for the lots. 97J Owner of benefited land acquiring interest in burdened land If a lot is benefited by a profit a prendre, the profit a prendre is not extinguished merely because the owner of the lot benefited by the profit a prendre acquires an interest, or a greater interest, in the lot burdened by the profit a prendre. 97K Amending an instrument of profit a prendre (1) A profit a prendre may be amended by registering an instrument of amendment of the profit a prendre. (2) However, the instrument of amendment must not-- (a) increase or decrease the area of land the subject of the profit a prendre; or (b) add or remove a party to the profit a prendre. 97L Releasing or removing a profit a prendre (1) On lodgment of an instrument releasing a profit a prendre to which a lot is subject, the registrar may register the release to the extent shown in the instrument of release. (2) On registration of the instrument of release, the profit a prendre is discharged, and the lot is released from the profit a prendre, to the extent shown in the instrument of release. (3) Also, the registrar may remove a profit a prendre from the indefeasible title for a lot if a request to remove the profit a prendre is lodged, and it is clearly established that-- (a) the period of time for which the profit a prendre was intended to subsist has ended; or (b) the event upon which the profit a prendre was intended to end has happened. 97M Effect of surrender of lot on profit a prendre (1) If a lot subject to a profit a prendre is surrendered to the State, other than absolutely, the profit a prendre is a transaction that must be recorded on the new deed of grant under the Land Act 1994, section 358(5). (2) If a lot subject to a profit a prendre is surrendered absolutely, the profit a prendre is an interest that, under the Land Act 1994, section 331(2), is extinguished from the day the surrender is registered. 98 Application may not be made about particular matters (1) An application may not be made under this division if the application-- (a) relates to only a part of a lot; or (b) is for a lot that may be created in the future by the registration of a plan of subdivision; or (c) is for a lot the registered owner of which is-- (i) the State or another entity representing the State; or (ii) a local government; or (d) relates to possession arising out of an encroachment. (2) In this section-- encroachment means-- (a) an encroachment within the meaning of the Property Law Act 1974, part 11, division 1; or (b) the enclosure of a part of a lot with another lot, if-- (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision. 99 Application for registration (1) A person (the applicant) may apply to be registered as owner of a lot by lodging an application under this division. (2) The application must be accompanied by-- (a) the documents of title for the lot that are in the possession or under the control of the applicant; and (b) the names and addresses, for service of notices, of all registered proprietors and occupiers of lots adjoining the lot. 100 Withdrawal of application (1) The applicant may withdraw the application at any time before the applicant is registered as owner of the lot under this division. (2) If the applicant withdraws the application, the registrar must, if asked by the applicant, return all documents lodged or deposited in support of the application. 101 Right to make application not affected by death etc. (1) If a person who may apply to be registered as owner of a lot by lodging an application under this division dies without making the application, the application may be made in the person's name by the person's legal personal representative. (2) If the applicant dies before the application has been dealt with under this division, the application may be continued, and any necessary steps taken, in the person's name by the person's legal personal representative. 102 Refusal of application The registrar may refuse to register the applicant as owner of the lot if the registrar is not satisfied that the information and documents in support of the application establish that the applicant is an adverse possessor. 103 Notice of application (1) Before registering the applicant as an adverse possessor, the registrar must, to the extent the registrar considers practicable, give written notice of the application to-- (a) all registered proprietors of the lot and adjoining lots; and (b) anyone else the registrar considers may have an interest in the lot. (2) The notice is in addition to the public notice that the applicant must give under section 18(3). (3) The notice must include a statement to the effect that the applicant will be registered as the owner of the lot if a caveat is not lodged by a specified day. (4) The specified day must be at least 2 months and not more than 6 months from the day public notice is last required to be given. 104 Objecting by caveat A person who claims an interest in the lot may lodge a caveat over the lot at any time before the applicant is registered as owner of the lot. 105 Lapsing of caveat (1) If the registrar-- (a) is not satisfied that the caveator has an interest in the lot; or (b) is satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974; the registrar must, by written notice given to the caveator, require the caveator to start a proceeding to recover the lot in the Supreme Court within 6 months after the notice is given. (2) The caveat lapses unless, within the required time, the caveator-- (a) starts a proceeding in the Supreme Court to recover the lot; and (b) gives written notice to the registrar that the proceeding has started. (3) The caveat also lapses if-- (a) the proceeding is withdrawn or dismissed; or (b) judgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or (c) if the judgment in the proceeding is given against the caveator and the judgment is appealed--the appeal is dismissed or withdrawn. (4) In this section-- required time means-- (a) the 6 months mentioned in subsection (1); or (b) if the registrar proposes to act under section 107(1)(b)--the time allowed under section 107(3). 106 Further caveat While the applicant's application as adverse possessor is still current, a further caveat of the caveator can never be lodged in relation to the interest claimed on the same, or substantially the same, grounds unless the leave of the Supreme Court to lodge the further caveat has been granted. 107 Refusing or compromising application (1) If the registrar is satisfied that the caveator has an interest in the lot that has not been extinguished under the Limitation of Actions Act 1974, the registrar may-- (a) refuse to register the applicant as owner of the lot; and (b) register the applicant as the holder of a lesser interest in the lot that the registrar considers appropriately reflects-- (i) the use made of the lot by the applicant; and (ii) the period that the applicant has used the lot. (2) If the caveator does not agree to the registration of the applicant for a lesser interest in the lot, the caveator may start a proceeding in the Supreme Court to recover the lot. (3) The proceeding must be started within 1 month of receiving written notice from the registrar of the registrar's intention to register the applicant as holder of a lesser interest in the lot. (3A) Also, the caveator must, within the 1 month mentioned in subsection (3), give written notice to the registrar that the proceeding has started. (4) If the caveator does not start a proceeding within 1 month, the registrar may register the applicant as the holder of a lesser interest in the lot. 108 Registering adverse possessor as owner The registrar may register the applicant as owner of all or part of the lot if the registrar is satisfied that the applicant is an adverse possessor of the lot or part of it and-- (a) no caveat has been lodged by the day specified under section 103; or (b) if a caveat is lodged by the day specified under section 103-- (i) the caveat has lapsed or has been withdrawn, cancelled or removed; and (ii) a further caveat has not been lodged under section 106. 108A Requirements for part of a lot (1) If, under section 108, the registrar proposes to register the applicant as owner of only a part (the relevant part) of the lot (the relevant lot), the registrar may require the applicant to lodge a plan of subdivision for the relevant lot, subdividing the relevant lot into the following lots-- (a) a lot made up of the relevant part; (b) a lot made up of the remainder of the relevant lot. (2) The applicant may sign the plan of subdivision as if the applicant were the registered owner of the relevant lot. (3) However-- (a) the plan of subdivision must comply with section 50; and (b) despite the outcome of the applicant's application as an adverse possessor, the registrar can not proceed under section 108 to register the applicant as owner of the relevant part if section 50 can not be complied with. (4) The registrar may require that the giving of public notice under section 18 (3) and the giving of written notice under section 103(1) be delayed until the applicant satisfies the registrar that the applicant will be able to lodge a plan of subdivision complying with section 50. 108B Consequences of registration If, under section 108, the registrar registers the applicant as owner of the lot or a part of the lot, the registrar must-- (a) cancel the registration of the person previously registered as the owner of the lot or the part of the lot; and (b) create in the applicant's name an indefeasible title free from all other interests in the lot or the part, other than the following- - (i) any estate, interest, claim, encumbrance or notice registered in favour of an entity that is a public utility provider under division 4; (ii) any easement or profit a prendre registered over the lot when the application was made under section 99; (iii) any covenant that, under division 4A, was registered over the lot when the application was made under section 99. 109 How trusts may be registered A person may be registered as trustee of an interest in a lot only by the registration of-- (a) an instrument of transfer of the interest to the person as trustee; or (b) a request to vest the interest in the person as trustee. 110 Instrument of transfer to trustee (1) An instrument of transfer may be lodged-- (a) to transfer an interest in a lot to a trustee; or (b) by the registered owner to declare that the registered owner holds the interest in a lot as trustee. (2) The registrar may register the instrument of transfer. (3) A document specifying details of the trust, or the document creating the trust, must be deposited with the instrument of transfer. (4) The document deposited with the instrument of transfer does not form part of the freehold land register. (5) The registrar must keep a certified copy of the document and return the original to the person who deposited it. 110A Instrument to vest in trustee (1) A request to vest may be lodged to vest an interest in a lot in a trustee. (2) A request to vest must give effect to an order (the vesting order) made under the Trusts Act 1973 or another Act. (3) The registrar may register the request to vest. (4) The vesting order, and all other documents (the other documents) stating details of the trust subject to which the interest is vested in the trustee, must be deposited with the request to vest. (5) The other documents do not form part of the freehold land register. (6) The registrar must keep certified copies of the other documents and return the originals to the person who deposited them. 111 Registering personal representative (1) A person may lodge an application to be registered as personal representative for a registered proprietor of a lot or an interest in a lot who has died. (2) The registrar may register the lot or the interest in the lot in the name of the person as personal representative only if-- (a) if the person has obtained a grant of representation, or the resealing of a grant of representation, in Queensland--the grant or resealing, or an office copy of the grant or resealing issued by the Supreme Court, is deposited; or (b) if paragraph (a) does not apply and the registered proprietor died without a will-- (i) letters of administration of the deceased person's estate have not been granted in Queensland within 6 months after the death; and (ii) the gross value of the deceased person's Queensland estate at the date of death was no more than the amount prescribed by regulation or, if no amount is prescribed, $300000; and (iii) the registrar is of the opinion that the person would succeed in an application for a grant of representation; or (c) if paragraph (a) does not apply and the registered proprietor died leaving a will-- (i) the person is or is entitled to be the deceased's personal representative; or (ii) the registrar considers the person would succeed in an application for a grant of representation. (3) A person registered under this section without a grant of representation has the same rights, powers and liabilities as if a grant of representation had been made to the person. (4) The validity of an act done or payment made in good faith by a person registered under this section is not affected by a later grant of representation. (5) If the grantee of a grant of representation is different from the person registered under subsection (2), the person registered must-- (a) account to the grantee for all property of the deceased person controlled by the person before the grant; and (b) take all action necessary to divest from the person and vest in the grantee all property of the deceased person remaining under the person's control. 112 Registering beneficiary (1) A person who is beneficially entitled under a will to a lot or an interest in a lot of a deceased registered proprietor may apply to the registrar to be registered as proprietor of the lot. (2) However, the registrar may register the person only if-- (a) written consent is given by-- (i) the person who is or is entitled to be the deceased's personal representative; or (ii) a person who, in the registrar's opinion, would succeed in an application for a grant of representation; and (b) the person satisfies the registrar that the person is beneficially entitled to the lot. 113 Form of application An application under section 111 must state-- (a) the lot to which the application refers; and (b) the interest for which registration is sought; and (c) the nature of other interests in the lot known to the applicant. 114 Applying for Supreme Court order (1) This section applies to-- (a) the Attorney-General; or (b) a trustee or beneficiary under a trust; or (c) a personal representative, a devisee or anyone else interested in-- (i) a lot of a deceased registered proprietor; or (ii) a trust involving a lot of a deceased registered proprietor. (2) A person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as proprietor of a lot. (3) The Supreme Court may make 1 or more of the following orders-- (a) that a person be registered as proprietor of the lot; (b) that a person be removed from the freehold land register as proprietor of the lot; (c) that a caveat be lodged to protect a person's interest in the lot; (d) that a person advertise in a specified form, content or way; (e) that costs be paid by any person or out of any property. (4) The registrar must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited. (5) An order does not vest an interest in the lot until it is registered. 115 Transmission on bankruptcy The registrar may register a transmission of an interest in a lot under a law about bankruptcy only if a request to register the transmission is lodged. 115A Basic concept for pt 6A--community titles scheme (1) A community titles scheme is the basic concept for this part. (2) A community titles scheme can only be over freehold land. 115B Meaning of community titles scheme (1) A community titles scheme is-- (a) a single community management statement recorded by the registrar identifying land (the scheme land); and (b) the scheme land. (2) Land may be identified as scheme land if it consists of-- (a) 2 or more lots; and (b) other land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a). (3) Land can not be common property for more than 1 community titles scheme. (4) For each community titles scheme, there must be-- (a) at least 2 lots; and (b) common property; and (c) a single body corporate; and (d) a single community management statement. (5) A community titles scheme is a basic scheme if all the lots mentioned in subsection (2)(a) are lots under this Act. (6) However, under this part, a lot may be, for its inclusion in a community titles scheme other than a basic scheme, another community titles scheme. 115C Meaning of layered arrangement of community titles schemes (1) A layered arrangement of community titles schemes is a grouping of community titles schemes-- (a) in which there is 1 community titles scheme (the principal scheme) that-- (i) is not a lot included in another community titles scheme; and (ii) is made up of-- (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and (b) in which there is at least 1 basic scheme; and (c) in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme. (2) Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes-- (a) is a subsidiary scheme for the principal scheme; and (b) unless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement. (3) A subsidiary scheme, for a community titles scheme (scheme A), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A. (4) In this Act, the expression included in, if used in the context of the inclusion of a lot in a community titles scheme-- (a) establishes the relationship the lot has to the scheme; and (b) in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme. (5) The diagram and notes in the BCCM Act, schedule 1, part 3 illustrate more comprehensively how the expression 'included in' is used. 115D Provisions about lots that are community titles schemes If a community titles scheme (scheme A) includes a lot that is another community titles scheme (scheme B)-- (a) a reference in this Act to the owner of the lot is a reference to the body corporate for scheme B; but (b) a reference in this Act to a lot included in scheme A does not include a reference to scheme B if the provision is about-- (i) the subdivision of a lot; or (ii) the indefeasible title for a lot; or (iii) a lease or mortgage of a lot; or (iv) the occupier or registered proprietor of a lot. 115E Names of community titles schemes (1) The registrar may refuse to record a community management statement for a community titles scheme if the scheme's identifying name shown in the statement is-- (a) the identifying name in the community management statement for another community titles scheme; or (b) a name reserved under this division, other than a name reserved by the person seeking to record the community management statement; or (c) a name reserved under the Building Units and Group Titles Act 1980, section 120; or (d) a name reserved under the South Bank Corporation Act 1989; or (e) in the registrar's opinion formed on reasonable grounds, undesirable. (2) The registrar must allocate a unique identifying number for a scheme when the first community management statement is recorded for the scheme. 115F Reservation of name (1) The registrar may, on application, reserve a name stated in the application as the identifying name to be shown in the community management statement for a proposed community titles scheme. (2) The reservation must identify the proposed scheme land for the proposed scheme. (3) The registrar must reserve the name unless satisfied he or she would refuse to record a community management statement showing the name. 115G Period of reservation (1) The reservation of an identifying name for a proposed community titles scheme is for an initial period of 2 years and may be extended by the registrar, but only once, for an additional period of 1 year. (2) The extension may be given only on an application made, within the initial period, by the person for whom the name is reserved. (3) However, the reservation ends if-- (a) the person withdraws the reservation; or (b) a community titles scheme is established and the reserved name is the identifying name shown in the community management statement for the scheme. 115H Single area for scheme land (1) Scheme land for a community titles scheme must be made up of a single, continuous area of land. (2) Scheme land is taken to be made up of a single, continuous area of land even if-- (a) a lot is subdivided under section 54; or (b) if paragraph (a) does not apply--there is nevertheless a road or watercourse within the external boundaries of the scheme land. (3) However, a community titles scheme may be established with scheme land not made up of a single, continuous area of land if all lots that become the scheme land are-- (a) created under a single plan of subdivision; or (b) in the opinion of the registrar formed on reasonable grounds, located within an area that is sufficiently limited to ensure the scheme can be administered under the BCCM Act efficiently and effectively as a single scheme. (4) Nevertheless, if subsection (3) applies, and the scheme is later changed to include additional lots or common property, each of the additional lots or common property must form a single, continuous area of land with a part of the scheme land in existence for the scheme immediately before the inclusion of the additional lots or common property. 115I Enlarging the number of lots through progressive subdivision (1) This section applies to a basic scheme for which an application for development approval is made under the Integrated Planning Act 1997 on or after the commencement of this section. (2) The number of lots included in the scheme may be increased through the progressive subdivision of lots to create further lots included in the scheme. (3) Subject to subsection (4), the lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots if the subdivision is to create a layered arrangement of community titles schemes. (4) The lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots, without creating a layered arrangement of community titles schemes, if each of the following apply to the scheme-- (a) the community management statement states that the lots included in the scheme are to be subdivided by different format plans of subdivision; (b) the lots are subdivided by different format plans of subdivision; (c) the contribution schedule lot entitlements equitably reflect the difference in the maintenance requirements of the standard format lots, building format lots and volumetric format lots. 115J Lodging request to record a new statement (1) A request to record a new community management statement for a community titles scheme must be lodged when a new plan of subdivision affecting the scheme (including affecting a lot in, or the common property for, the scheme) is lodged. (2) A request to record a new community management statement for a community titles scheme may be lodged, and the new statement may be recorded for the scheme, even though a plan of subdivision is not lodged, if all plans of subdivision relating to the scheme, and the new statement, will still be consistent after the new statement is recorded. 115K Recording community management statements (1) The registrar may record a community management statement if-- (a) a request to record the statement is lodged; and (b) the statement is deposited with the request; and (c) the statement complies with-- (i) section 115H; and (ii) the requirements of the BCCM Act for a community management statement; and (d) for a new community management statement--the body corporate's consent to the recording of the new statement is endorsed on the statement. (2) A community management statement is not an instrument under this Act. (3) However, a request to record a community management statement is an instrument, and is lodged, under this Act. (4) An interest created under a community management statement recorded under subsection (1) does not have effect as a registered interest. 115L When registrar records community management statement (1) When the registrar records a community management statement for a community titles scheme, the registrar must-- (a) give the statement a unique identifying number; and (b) record a reference to the community management statement, including its unique identifying number, on-- (i) the indefeasible title for each lot that is scheme land; and (ii) the indefeasible title for any common property that is scheme land. (2) However-- (a) the registrar is not obliged to examine, but may examine, a community management statement for its validity, including, in particular, its-- (i) consistency with any plan of subdivision; or (ii) compliance with the requirements for a community management statement; and (b) it must not be presumed that a community management statement is valid or enforceable, including, for example, that the by-laws for the scheme included in the statement are valid and enforceable, because the registrar records it; and (c) neither the validity nor the enforceability of a community management statement, as recorded by the registrar, is guaranteed by the State. (3) The community management statement takes effect when it is recorded by the registrar as the community management statement for the scheme. 115M Application of div 5 (1) This division provides for easements for lots included in, and common property for, a community titles scheme. (2) However, subject to subsection (3), this division applies to the scheme only if the lots included in the scheme are lots on-- (a) a building format plan of subdivision; or (b) a volumetric format plan of subdivision; or (c) a standard format plan of subdivision registered under this Act on or after 13 July 1997. (3) If a lot is a standard format lot in a community titles scheme intended to be developed progressively and there are no buildings on the lot, this division applies for the lot. (4) This division has effect for the scheme subject to the provisions of an easement established under another part of this Act. 115N Easements for support (1) An easement of lateral or subjacent support exists-- (a) in favour of a lot against another lot capable of supplying lateral or subjacent support; and (b) in favour of a lot against common property capable of supplying lateral or subjacent support; and (c) in favour of common property against a lot capable of supplying lateral or subjacent support; and (d) in favour of common property against other common property capable of supplying lateral or subjacent support. (2) An easement for support under subsection (1)-- (a) entitles the owner of a lot (lot X) to enter a lot or common property supplying support to lot X under the easement to maintain or replace any support; and (b) entitles the body corporate to enter a lot or common property supplying support to common property under the easement to maintain or replace any support. (3) An easement for support under subsection (1) subsists until the scheme no longer exists. 115O Easements in favour of lots for utility services and utility infrastructure (1) An easement exists in favour of a lot and against other lots and common property for supplying utility services to the lot and establishing and maintaining utility infrastructure reasonably necessary for supplying the utility services. (2) However, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lot or part of common property against which the easement lies. 115P Easements for utility services and utility infrastructure (1) An easement exists in favour of common property and against the lots for supplying utility services to the common property and establishing and maintaining utility infrastructure reasonably necessary for supplying utility services to the common property. (2) However, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lots against which the easement lies. 115Q Easements for shelter (1) An easement entitling the owner of a lot to have the lot sheltered by parts of a building within scheme land necessary to supply shelter exists against the lots or parts of common property where the relevant parts of the building are situated. (2) The easement for shelter under subsection (1) entitles the owner of the lot to enter a lot or common property supplying shelter under the easement to maintain or replace the shelter. 115R Easements for projections (1) If eaves, guttering, drainpipes, awnings, window sills, or other minor parts of a building within a lot (lot A) project over the boundaries of another lot (lot B) or common property, an easement exists in favour of lot A and against the part of lot B or common property over which the projection lies, permitting the projection. (2) The easement entitles the owner of lot A to enter lot B or the common property to maintain or replace the building parts. 115S Easement for maintenance of building close to boundary (1) If a building is on the boundary of a lot (lot A) or so close to the boundary of lot A that maintenance or replacement of the building is not able to be carried out without entering another lot (lot B) or common property, an easement exists in favour of lot A and against lot B or the common property. (2) The easement entitles the owner of lot A to enter lot B or common property to carry out the maintenance or replacement. 115T Registration for changes to scheme under approved reinstatement process (1) If an approved reinstatement process provides for a change to a community titles scheme, the body corporate must lodge-- (a) if appropriate, having regard to the approved reinstatement process, or a community management statement mentioned in paragraph (b)--a plan of subdivision reflecting the approved reinstatement process; and (b) if appropriate, having regard to the approved reinstatement process, or a plan of subdivision mentioned in paragraph (a)-- a request to record a new community management statement; and (c) a true copy of the approved reinstatement process. (2) If an approved reinstatement process provides for a change to subdivisional arrangements (not including a change to a community titles scheme), the owners of lots the subject of the approved reinstatement process must lodge-- (a) if appropriate, having regard to the approved reinstatement process--a plan of subdivision reflecting the approved reinstatement process; and (b) a true copy of the approved reinstatement process. (3) In this section-- approved reinstatement process means a process, approved under the BCCM Act, section 72 or 74, for reinstating a building. 115U Instruments required for terminating scheme (1) If a community titles scheme is to be terminated, a plan cancelling the lots in the scheme must be lodged. (2) The plan must be lodged by or for-- (a) the body corporate; or (b) if the District Court made an order under the BCCM Act, section 78(2), for terminating the scheme--a person on whose application the court made the order. (3) The plan must be accompanied by, as well as any other instrument required under this Act, a copy of-- (a) if the scheme is terminated under a resolution of the body corporate--the resolution to terminate the scheme, and any agreement entered into about termination issues; or (b) if the scheme is terminated under an order of the District Court- -the order. (4) In this section-- termination issues see the BCCM Act, schedule 6. 115V Recording termination of scheme (1) If section 115U is complied with, the registrar must record the cancellation of the community management statement, and must also-- (a) register the termination in the freehold land register; and (b) cancel the particulars (other than particulars of easements, covenants and other dealings capable of being maintained against scheme land after termination of the scheme) recorded in the freehold land register about scheme land. (2) The termination takes effect when the registrar completes the action mentioned in subsection (1). (3) On the termination of the scheme, the registrar must create 1 or more indefeasible titles for all land that, immediately before the termination, was scheme land. (4) The registered owners for a title mentioned in subsection (3)-- (a) are the persons (former owners) who, immediately before the scheme's termination, were the owners of the scheme land; and (b) must be recorded as tenants in common in the shares proportionate to their respective interest schedule lot entitlements immediately before the termination. (5) If a lot included in the scheme was subject to a mortgage immediately before the scheme was terminated, the former owner's interest in the land as tenant in common is subject to the mortgage. 115W Request to record amalgamation of schemes (1) A request to record the amalgamation of 2 or more community titles schemes (scheme A and scheme B) must be lodged. (2) The request must be-- (a) signed by or for the body corporate for scheme A or scheme B; and (b) lodged by or for-- (i) the bodies corporate for schemes A and B; or (ii) if the District Court made an order under the BCCM Act, section 85(3), for amalgamating the schemes--a person on whose application the court made the order. (3) The request must be accompanied by each of the following-- (a) a copy of each resolution, or the order, for the amalgamation of schemes A and B; (b) the community management statement intended to be recorded for the single, newly established, community titles scheme formed, or to be formed from the amalgamation (scheme C), showing the appropriate consents and notifications; (c) if schemes A and B are lots included in another community titles scheme and the existing statement for the other scheme is not consistent with the amalgamation of schemes A and B--a new community management statement for the other scheme; (d) any other instrument required under this Act. 115X Recording amalgamation of schemes (1) If the request to record the amalgamation of schemes A and B complies with the BCCM Act (including with an order of the District Court made under that Act about the amalgamation), the registrar must-- (a) record the cancellation of the community management statements for schemes A and B; and (b) record the community management statement for scheme C and any other community management statement accompanying the request; and (c) register the amalgamation in the freehold land register. (2) The amalgamation takes effect when the registrar completes the action mentioned in subsection (1). 115Y Request to record creation of layered arrangement (1) A request to record the creation of a layered arrangement of community titles schemes from 2 or more basic schemes (scheme A and scheme B) must be lodged. (2) The request must be-- (a) signed by or for the body corporate for scheme A or scheme B; and (b) lodged by or for-- (i) the bodies corporate for schemes A and B; or (ii) if the District Court made an order under the BCCM Act, section 91(2), for creating the layered arrangement-- a person on whose application the court made the order. (3) The request must be accompanied by each of the following-- (a) a copy of each resolution, or the order, for the creation of the layered arrangement; (b) the community management statements intended to be recorded for schemes A and B and the principal scheme in the layered arrangement, showing the body corporate consents required under the BCCM Act, section 62 and the community management statement notations required under that Act, section 60; (c) new community management statements for schemes A and B if the statements will no longer be accurate after the layered arrangement is created; (d) any other instrument required under this Act. 115Z Recording creation of layered arrangement (1) If the request to record the creation of the layered arrangement complies with the BCCM Act (including with an order of the District Court made under that Act about the layered arrangement), the registrar must-- (a) record the community management statement for the principal scheme in the layered arrangement and any other community management statement accompanying the request; and (b) register any instrument required, under this Act, to be registered for the layered arrangement. (2) The creation of the layered arrangement takes effect when the registrar completes the action mentioned in subsection (1). 116 Registering a writ of execution The registrar may register a writ of execution only if a request to register it, and an office copy of it, is lodged. 117 Effect of registering a writ of execution For purchasers, lessees, mortgagees and creditors, a writ of execution-- (a) can not, until registered, bind or affect registered lots, whether or not there is actual or constructive notice of the writ; and (b) binds or affects registered lots only if the writ is executed and put in force within-- (i) 6 months of its lodgment; or (ii) the extended time allowed by the court where the writ is filed and notified to the registrar. 118 Cancellation of registration Registration of a writ of execution may be cancelled if-- (a) a request to cancel it is lodged; and (b) the registrar is satisfied that the time, or extended time, for executing and putting the writ into force has ended. 119 Discharging or satisfying writ of execution Discharge or satisfaction of a writ of execution may be registered if a request to register it is lodged. 120 Transfer of lots sold in execution (1) If a lot is sold under a registered writ of execution, the sheriff, registrar or clerk of the court of the relevant court may execute an instrument of transfer to the purchaser. (2) On registration of the transfer, the transferee becomes the registered owner of the lot subject to-- (a) registered interests; and (b) equitable mortgages notified by caveat lodged before registration of the writ of execution. 120A Effect on writ of execution of transfer after sale by mortgagee (1) Subsection (2) applies if-- (a) a mortgage is registered over a lot; and (b) a writ of execution is later registered in relation to the lot. (2) If the mortgagee of the lot signs a transfer of the lot after exercising power of sale under the mortgage-- (a) registration of the writ of execution does not prevent registration of the transfer; and (b) on registration of the transfer, the registrar must cancel registration of the writ of execution. 121 Requirements of caveats (1) A caveat must be signed by or for the caveator. (2) The caveat must state-- (a) the name of the caveator; and (b) an address where documents can be served on the caveator; and (c) unless the registrar dispenses with it, the name and address of-- (i) the registered owner of the lot affected by the caveat; and (ii) anyone else having the right to deal with the lot affected by the caveat; and (d) the registered interest affected by the caveat; and (e) if the caveat relates to only a part of a lot--a description of the affected part; and (f) the interest claimed by the caveator; and (g) the grounds on which the interest is claimed. (3) This section applies to all caveats under this Act other than a caveat prepared and registered by the registrar under section 17. 122 Lodging a caveat (1) A caveat may be lodged by any of the following-- (a) a person claiming an interest in a lot; (b) the registrar under section 17; (c) the registered owner of the lot; (d) a person to whom an Australian court has ordered that an interest in a lot be transferred; (e) a person who has the benefit of a subsisting order of an Australian court in restraining a registered proprietor from dealing with a lot. (2) However a caveat may only be lodged by an equitable mortgagee if it is a caveat to which section 126 applies. (3) To remove any doubt, it is declared that an interest in a lot does not include an interest in a proposed allotment under the Land Sales Act 1984 that a person obtains when the person agrees to purchase the allotment under that Act. 123 Notifying caveat The registrar must give written notice of lodgment of a caveat to each person whose interest or whose right to registration of an instrument is affected by the caveat. 124 Effect of lodging caveat (1) A caveat prevents registration of an instrument affecting the lot over which the caveat is lodged from the date and time endorsed by the registrar on the caveat as the caveat's date and time of lodgment. (1A) Subsection (1) has effect for a caveat until the caveat lapses or is cancelled, rejected, removed or withdrawn. (2) However, lodgment of a caveat does not prevent registration of the following-- (a) an instrument specified in the caveat as an instrument to which the caveat does not apply; (b) an instrument if the caveator consents to its registration; (c) an instrument executed by a mortgagee whose interest was registered before lodgment of the caveat if-- (i) the mortgagee has power under the mortgage to execute the instrument; and (ii) the caveator claims an interest in the lot as security for the payment of money or money's worth; (d) an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgment of the caveat; (e) another interest that, if registered, will not affect the interest claimed by the caveator. (3) The exceptions mentioned in subsection (2)(c) and (d) do not apply to a caveat lodged by the registrar. (4) The exception in subsection (2)(d) does not apply to a caveat lodged by the registered owner. (5) Lodgment of a caveat does not create in the caveator a registrable interest in the lot affected by the caveat. 125 Withdrawing a caveat A caveator may withdraw a caveat by lodging a request to withdraw it. 126 Lapsing of caveat (1) This section does not apply to a caveat if-- (a) it is lodged by the registered owner; or (b) the consent of the registered owner is deposited when the caveat is lodged; or (c) an office copy of a court order mentioned in section 122(d) or (e) is deposited when the caveat is lodged; or (d) it is lodged by the registrar under section 17; or (e) it is lodged other than under this division. (2) A caveatee of a caveat to which this section applies may serve on the caveator a notice requiring the caveator to start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat. (3) The caveatee must notify the registrar within 14 days of service of the notice on the caveator. (4) If a caveator does not want a caveat to which this section applies to lapse, the caveator must-- (a) start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat-- (i) if a notice under subsection (2) is served on the caveator--within 14 days after the notice is served on the caveator; or (ii) if a notice under subsection (2) is not served on the caveator--within 3 months after the lodgment of the caveat; and (b) notify the registrar within the 14 days or the 3 months that a proceeding has been started and identify the proceeding. (5) If the caveator does not comply with subsection (4), the caveat lapses. (6) The caveator is taken to have complied with subsection (4)(a) if a proceeding has been started in a court of competent jurisdiction to establish the interest claimed under the caveat before the caveat was lodged. (7) The registrar may remove a caveat that has lapsed from the freehold land register. 127 Removing a caveat (1) A caveatee may at any time apply to the Supreme Court for an order that a caveat be removed. (2) The Supreme Court may make the order whether or not the caveator has been served with the application, and may make the order on the terms it considers appropriate. 128 Cancelling a caveat (1) The registrar may cancel a caveat if a request to cancel the caveat is lodged and the registrar is satisfied that-- (a) the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or (b) the claim of the caveator has been settled by agreement or otherwise satisfied; or (c) the nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged. (2) The registrar must notify the caveator of the registrar's intention to cancel the caveat at least 7 days before cancelling it. (3) If an instrument that has been lodged will, on registration, give full effect to an interest claimed in a caveat, the registrar may remove the caveat immediately before registering the instrument. 129 Further caveat (1) This section applies if a caveat (the original caveat) is lodged in relation to an interest. (2) A further caveat with the same caveator can never be lodged in relation to the interest on the same, or substantially the same, grounds as the grounds stated in the original caveat unless the leave of a court of competent jurisdiction to lodge the further caveat has been granted. 130 Compensation for improper caveat (1) A person who lodges or continues a caveat without reasonable cause must compensate anyone else who suffers loss or damage as a result. (2) In a proceeding for compensation under subsection (1), a court of competent jurisdiction may include in a judgment for compensation a component for exemplary damages. (3) In a proceeding for compensation under subsection (1), it must be presumed that the caveat was lodged or continued without reasonable cause unless the person who lodged or continued it proves that it was lodged or continued with reasonable cause. 131 Notices to the caveator (1) A notice to a caveator under this division is sufficiently served if left at or sent to the address mentioned in section 121(2)(b). (2) If the registrar is satisfied that a notice under this division will not reach the caveator if served in the way mentioned in subsection (1), the notice may be served in a way specified in a written direction by the registrar. (3) If the registrar is informed in writing, and is satisfied, that the name or address of the caveator has changed, the registrar must note on the caveat details of the new name or address. (4) A new name or address noted under subsection (3) becomes the name or address for service of a notice on the caveator. 132 Instrument not registered until power of attorney registered An instrument executed under the authority of a power of attorney may be registered only if the power of attorney is registered under this division. 133 Registering power of attorney (1) The registrar must keep a register of powers of attorney (the power of attorney register). (2) The registrar may register a power of attorney by recording particulars of it in the power of attorney register if a request to register it is lodged and the power of attorney is deposited with the request. (3) The registrar must keep a certified copy of the registered power of attorney and return the original to the person who deposited it. 134 Effect of registering a power of attorney (1) An act done by the donee under and in accordance with the terms of a registered power of attorney has the same effect as if the act were done by the donor. (2) A registered power of attorney is evidence that the donee is authorised to do anything within the terms of the power of attorney. (3) The registrar may register an instrument executed under a registered power of attorney without being satisfied that the power of attorney has not been revoked. (4) The registrar must not register an instrument executed under a registered power of attorney if the instrument became effective after-- (a) registration of an instrument of revocation or disclaimer of the power of attorney; or (b) someone else is registered as owner of the relevant lot after the death or bankruptcy of the donor. 135 Revoking or disclaiming a power of attorney (1) A registered power of attorney may be revoked by registering an instrument of revocation or disclaimer. (2) This section also applies to enduring powers of attorney. 136 Act for a minor (1) This section applies if-- (a) this Act requires or permits an act to be done by or in relation to a person (the relevant person); and (b) the relevant person is a minor; and (c) no person has authority under this or another Act to act for the relevant person for the act. (2) A person suitably authorised by a court of competent jurisdiction may act for the relevant person for the act. 137 Act for other person lacking capacity (1) This section applies if-- (a) this Act requires or permits an act to be done by or in relation to a person (the relevant person); and (b) the relevant person is not a minor; and (c) the relevant person does not have capacity for the act. (2) Subject to the operation of the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998, a qualified person may act for the relevant person for the act. (3) In this section-- capacity, for the relevant person for the act, means the relevant person is capable of-- (a) understanding the nature and effect of decisions about the act; and (b) freely and voluntarily making decisions about the act; and (c) communicating the decisions in some way. qualified person means-- (a) an administrator for the relevant person appointed under the Guardianship and Administration Act 2000; or (b) a person suitably authorised by the relevant person under an enduring power of attorney under the Powers of Attorney Act 1998. 138 Definitions for part In this part-- affected person, for a particular lot, means-- (a) a registered proprietor of the lot or an interest in the lot; or (b) a person (other than the transferee) who has an interest in the lot. transferee means-- (a) a purchaser for valuable consideration of an interest in a lot that is capable of registration by an instrument of transfer; or (b) a person who is entitled to an interest in a lot under an instrument of transfer or an instrument of mortgage. 139 Requirements of settlement notice (1) A settlement notice must be in the approved form and must be signed by or for the transferee. (2) The settlement notice must specify-- (a) the type of transaction to which the settlement notice relates and the parties to the transaction; and (b) the name of the transferee; and (c) the description of the lot the subject of the transaction; and (d) all instruments directly related to the transaction; and (e) an address where documents can be served on the transferee; and (f) the registered interest affected by the settlement notice. 140 Depositing settlement notice (1) A settlement notice, in the approved form, may be deposited by or for a transferee in relation to a transaction. (2) The registrar must record the information in the settlement notice under section 34. 141 Effect of settlement notice (1) The deposit of a settlement notice prevents registration of an instrument affecting the lot or an interest in the lot until the notice lapses or is withdrawn, removed or cancelled. (2) However, a settlement notice does not prevent registration of-- (a) an instrument specified in the settlement notice as an instrument to which the notice does not apply; or (b) an instrument if the transferee consents to its registration; or (c) an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgment of the notice; or (d) another interest that, if registered, will not affect the interest the subject of the notice; or (e) an instrument lodged before the notice. 142 Withdrawing settlement notice A transferee may withdraw a settlement notice by depositing a request to withdraw it. 143 Lapsing of settlement notice A settlement notice lapses-- (a) 2 months after it is deposited; or (b) when all instruments directly related to the transaction, and specified in the settlement notice, have been lodged; whichever happens first. 144 Removing settlement notice (1) An affected person may at any time apply to the Supreme Court for an order that a settlement notice be removed. (2) The Supreme Court may make the order whether or not the transferee has been served with the application, and may make the order on the terms it considers appropriate. 145 Cancelling settlement notice (1) The registrar may cancel a settlement notice if a request to cancel the notice is deposited and the registrar is satisfied that-- (a) the transferee's interest in the transaction specified in the notice has ceased, or has been abandoned or withdrawn; or (b) the transferee's interest has been settled by agreement or otherwise satisfied; or (c) the nature of the transferee's interest does not entitle the transferee to prevent registration of an instrument that has been lodged. (2) The registrar must notify the transferee of the registrar's intention to cancel the settlement notice at least 7 days before cancelling it. 146 Further settlement notice (1) This section applies if, under section 140, a settlement notice is deposited by or for a transferee in relation to a transaction. (2) A further settlement notice can never be deposited in relation to the same transaction unless the leave of a court of competent jurisdiction to deposit the further settlement notice has been granted. 147 Compensation for improper settlement notice (1) A person who deposits or continues a settlement notice without reasonable cause must compensate anyone else who suffers loss or damage as a result. (2) In a proceeding for compensation under subsection (1)-- (a) the Supreme Court may include in a judgment for compensation a component for exemplary damages; and (b) proof that a settlement notice was not deposited or was not continued without reasonable cause rests on the person who lodged or continued the notice. 148 Notices to the transferee A notice under this part to a transferee is sufficiently served if left at or sent to the address specified in the settlement notice. 149 Registrar may withdraw instrument (1) The registrar may withdraw an instrument that has been lodged but prevented from being registered by a settlement notice. (2) However, the registrar must notify the person who lodged the instrument of the registrar's intention to withdraw the instrument at least 14 days before withdrawing it. (3) An instrument withdrawn by the registrar under subsection (1) is taken to have been withdrawn under section 159(1)(a). 150 Priority of instruments Instruments lodged, but prevented from being registered by a settlement notice, are taken to have been lodged (in the order in which they were lodged) immediately after lodgment of the directly related instruments specified in the notice. 151 Effect of transferee's notice on caveat A person's right to lodge a caveat is not affected by a settlement notice. 152 Minor correction of settlement notice On receiving a written request from the transferee specified in a settlement notice, the registrar may make a correction in the notice if the registrar is satisfied that it is minor. 153 When instrument capable of registration The registrar may register an instrument only if-- (a) it complies with this Act; and (b) it appears on its face to be capable of registration. 154 Lodging certificate of title (1) An instrument may be registered for a lot only if any certificate of title for the lot is returned for cancellation. (2) However, a certificate of title need not be returned for cancellation with any of the following-- (a) an instrument of transfer of a registered lease that is lodged without the lessor's consent; (b) a request to register a writ of execution; (c) any caveat; (d) a request to register a power of attorney; (e) a request to register a charge created under an Act; (f) a request to register an instrument of amendment, extinguishment or partial extinguishment of a building management statement, if the request is accompanied by the evidence the registrar reasonably requires to allow the registration of the instrument; Example of evidence the registrar might require-- a certified copy of the notice of a meeting and a certified copy of the minutes of the meeting, including a record of a resolution agreed to at the meeting (g) a request to record the vesting of a lot, or of an interest in a lot, if the vesting is in favour of the State or another entity representing the State; (h) an instrument for which the registrar has dispensed with production of the certificate of title; (i) a request to register a dealing under the State Development and Public Works Organisation Act 1971, part 6, division 8. 155 Correcting unregistered instruments (1) The registrar may correct an obvious error in a lodged plan of survey by-- (a) drawing a line through the error without making the original words illegible; and (b) writing in the correct information; and (c) dating and initialling the correction. (2) The registrar may correct an obvious error in a lodged instrument (other than a plan of survey) by noting the correction-- (a) on the instrument; or (b) if the instrument is in electronic form--in the appropriate register. (3) The registrar may correct an obvious error in a lodged instrument only if the registrar is satisfied that the instrument is incorrect and the correction will not prejudice the rights of a person. (4) An instrument corrected by the registrar under this section has the same effect as if the relevant error had not been made. 156 Requisitions (1) The registrar may, by written notice (the requisition) given to a person who has lodged or deposited an instrument or other document, or to another person who reasonably appears to the registrar to be relevantly associated with the instrument or other document require a person-- (a) to re-execute, complete or correct the instrument or document if it appears to the registrar to be wrong, incomplete or defective; or (b) to produce to the registrar specified information, or deposit a specified instrument or document, in support of the application to register the instrument. (2) The registrar may require the instrument, document or information to be verified by statutory declaration or affidavit. (3) The requisition may specify when, and the place where, it must be complied with. (4) The registrar may extend the time for complying with the requisition. (5) The registrar may refuse to deal with the instrument or document lodged or deposited (and any instrument that depends on it for registration) until the requisition is complied with. 156A Electronic communication of statutory declaration or affidavit (1) A person is taken to have complied with a requirement under section 156(2) to give the registrar a statutory declaration or affidavit (the verifying document) if the person gives a signed electronic form of the verifying document by electronic communication and-- (a) having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the verifying document provided a reliable way of maintaining the integrity of the information it contained; and (b) when the communication was sent, it was reasonable to expect the information contained in the electronic form of the verifying document would be readily accessible so as to be useable for subsequent reference; and (c) the registrar consents to the electronic form of the verifying document being given by electronic communication. (2) The person is taken to have signed the electronic form of the verifying document if-- (a) a method is used to identify the person and to indicate the person's approval of the information communicated; and (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and (c) the registrar consents to the electronic form of the verifying document being signed by using the method mentioned in paragraph (a). 157 Rejecting instrument for failure to comply with requisition (1) If a requisition under section 156 is not complied with by a person within the time specified or extended by the registrar, the registrar may reject the instrument or document to which the requisition relates and any instrument that depends on it for registration. (2) An instrument rejected under subsection (1) loses its priority under section 178 and must be returned by the registrar to the person who lodged it. (3) A memorandum recording the rejection of an instrument under subsection (1) may be endorsed on the rejected instrument or in a separate record kept in the land registry. (4) This section does not prevent re-lodgment of a rejected instrument after the requisition has been complied with. 158 Borrowing lodged instrument before registration (1) The registrar may permit the following persons to borrow a lodged instrument before it is registered-- (a) a person who lodged or deposited an instrument; (b) a person on whose behalf an instrument was lodged or deposited; (c) the agent of a person mentioned in subsection (1)(a) or (b). (2) The person must return the instrument to the land registry within the time specified by the registrar. (3) The registrar may extend the time for returning the instrument. (4) A person must not fail to return the instrument to the land registry within the time specified or extended by the registrar, unless the person has a reasonable excuse. Maximum penalty for subsection (4)--50 penalty units. 159 Withdrawing lodged instrument before registration (1) If the registrar is satisfied that the order in which an instrument has been lodged in relation to other instruments is such that the instrument will not give effect to the intention expressed in it or a related instrument, or is an instrument that should not have been lodged, the registrar may-- (a) withdraw the instrument; or (b) permit the instrument to be withdrawn. (2) An instrument that is withdrawn by the registrar under subsection (1) remains in the land registry, unless the instrument is an instrument that should not have been lodged. (3) The registrar may re-lodge an instrument that has been withdrawn by the registrar. (4) On receiving a written application, the registrar may re-lodge an instrument that the registrar has permitted to be withdrawn. (5) An instrument withdrawn under subsection (1) loses its priority and is taken to have been lodged on the date and at the time endorsed on it by the registrar at the time of its re-lodgment. (6) Subsection (5) does not apply to a plan of subdivision mentioned in section 53. 160 Registrar may call in instrument for correction or cancellation The registrar may require a person to deposit an instrument for correction or cancellation. 161 Execution and proof (1) For a corporation, an instrument is validly executed if-- (a) it is executed in a way permitted by law; or (b) the instrument is sealed with the corporation's seal in accordance with the Property Law Act 1974, section 46. (2) For an individual, an instrument is validly executed if-- (a) it is executed in a way permitted by law; and (b) the execution is witnessed by a person mentioned in schedule 1. (3) However, the registrar may, in exceptional circumstances, register an instrument executed by an individual even though the execution was not witnessed or was not witnessed by a person mentioned in schedule 1. (3A) If an instrument is executed by a lawyer authorised by a transferee or a person in whose favour an interest is created, the execution need not be witnessed. (4) The witnessing of an instrument may be proved in any way permitted by law. (5) This section does not apply to a plan of survey. 162 Obligations of witness for individual A person who witnesses an instrument executed by an individual must-- (a) first take reasonable steps to ensure that the individual is the person entitled to sign the instrument; and (b) have the individual execute the document in the presence of the person; and (c) not be a party to the instrument. 163 Substitute instrument (1) If the registrar is satisfied that a registered instrument has been lost or destroyed, the registrar may issue a substitute instrument. (2) The registrar may endorse on the substitute instrument-- (a) that the instrument is a substitute replacing a lost or destroyed instrument; and (b) the date that the substitute instrument was issued; and (c) that the substitute is to be used in place of the original instrument; and (d) the location of the original instrument so far as it is known; and (e) other known circumstances of the loss or destruction. (3) On the issue of the substitute instrument under subsection (1)-- (a) the substitute instrument becomes the registered instrument instead of the original instrument; and (b) the substitute instrument has the priority to which the original instrument was entitled. (4) The registrar must record in the freehold land register that the substitute instrument has been issued and the date it was issued. 164 Dispensing with production of instrument (1) The registrar may dispense with the production of an instrument. (2) The registrar may require evidence that a person seeking to deal with a relevant lot is the registered proprietor, and that the instrument-- (a) has been lost or no longer exists; and (b) is not deposited as security or for safe custody. (3) The registrar must record in the freehold land register that production of the instrument has been dispensed with and the date production of it was dispensed with. 165 Requiring plan of survey to be lodged (1) The registrar may require a registered proprietor of a lot who proposes to transfer, lease or otherwise deal with all or part of the lot to lodge a plan of survey of the lot. (2) The plan of survey must comply with the Survey and Mapping Infrastructure Act 2003 and must be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003. 166 Destroying instrument in certain circumstances (1) The registrar may destroy a part of the freehold land register or an instrument held in the land registry if the part of the register or the instrument-- (a) is not evidence of an existing interest; or (b) is evidence of an existing interest of which there is accurate evidence in another part of the register; or (c) will not be required for registering the effect of a transaction. (2) The registrar may authorise a person to destroy an instrument held in a place other than an office of the department if the instrument-- (a) was lodged at the place for evidencing, in the land registry, an interest; and (b) is evidence of an existing interest for which there is accurate evidence in the land registry. (3) Before destroying a part of the register or an instrument under subsection (1), the registrar must copy it in whatever way the registrar considers appropriate. (4) However, the registrar, or person acting under an authority given under subsection (2), must not destroy an original will. (5) Subsection (3) does not apply to a certificate of title issued on or after 24 April 1994. (6) The registrar may give a cancelled deed of grant or certificate of title to a person if-- (a) the person asks for it; and (b) the registrar is reasonably satisfied it is appropriate for it to be given to the person. (7) However, a cancelled deed of grant or certificate of title may be destroyed under subsection (1) if it has not been given to a person under subsection (6) within 1 year after its cancellation. (8) The registrar's powers under subsections (1) and (2) are subject to the Public Records Act 2002. 167 Transferor must do everything necessary etc. A person who, for valuable consideration, executes an instrument to transfer or create an interest in a lot must do everything necessary to give effect to the terms and other matters stated in the instrument or implied by this or another Act. 168 Meaning of standard terms document in div 2 In this division-- standard terms document means a document containing provisions that are treated as terms of an instrument to which the document is to apply or applies. 168A References to registered standard terms document In sections 170 and 171, a reference to a registered standard terms document includes a standard terms document that has been, or is taken to be, registered under the Land Act 1994. 169 Standard terms document to which instrument refers may be registered (1) The registrar or another person may lodge a standard terms document and may amend the standard terms document by lodging a further standard terms document. (2) The lodged standard terms document must be given a distinguishing reference and must be registered. 170 Standard terms document that is part of an instrument All or part of a registered standard terms document, or an amended registered standard terms document, forms part of an instrument if the instrument-- (a) says it forms part of the instrument; and (b) belongs to a class identified in the standard terms document as an instrument to which the standard terms document applies. 171 Instrument not limited to that contained in standard terms document (1) In addition to the provisions in a registered standard terms document, an instrument may include a provision incorporating other terms into the instrument. (2) If there is a conflict between the standard terms document and the terms in an instrument, the instrument prevails. 172 Withdrawal or cancellation of standard terms document (1) The registrar may withdraw a registered standard terms document if asked to withdraw it by the person who lodged it. (2) The registrar may cancel a registered standard terms document lodged by the registrar after giving 1 month's notice in the gazette. (3) The registrar must keep and, if asked, produce for inspection a copy of a standard terms document cancelled or withdrawn under this section. (4) Withdrawal or cancellation of a standard terms document, under this section or the Land Act 1994, does not affect an instrument already registered or executed within 7 days after its withdrawal or cancellation. 173 How an instrument is registered The registrar registers an instrument in the freehold land register by recording in the freehold land register the particulars necessary to identify the instrument. 174 When an instrument is registered An instrument is registered when the particulars are recorded in the freehold land register. 175 Time from when instrument forms part of register etc. A registered instrument forms part of the freehold land register from when it is lodged. 176 Registered instrument operates as a deed A registered instrument operates as a deed. 177 Order of registration of instruments (1) Instruments affecting a lot, including instruments affecting or creating an interest in the lot, must be registered in the order in which they are lodged. (2) Subsection (1) is subject to section 159. (3) Despite subsection (1), if an instrument (instrument 2) affecting a lot is lodged after another instrument (instrument 1) affecting the lot, instrument 2 may be registered before instrument 1 if the registration of instrument 2 can not affect any interest that a person might claim under instrument 1. Example for subsection (3)-- An instrument of easement over a lot (instrument 1) is lodged for registration. Subsequently, an instrument releasing a mortgage of the lot (instrument 2) is lodged for registration. However, the registrar has given the person who lodged instrument 1 a requisition relating to instrument 1, and instrument 1 can not yet be registered. The registrar could register instrument 2 even though instrument 1 has not been registered. 178 Priority of registered instruments (1) Registered instruments have priority according to when each of them was lodged and not according to when each of them was executed. (2) An instrument is taken to be lodged on the date and at the time endorsed on the instrument by the registrar as the date and time of the lodgment unless the contrary is proved. (3) Subsection (1) is not affected by actual, implied or constructive notice. 179 Evidentiary effect of recording particulars in the freehold land register In all proceedings, the particulars of a registered instrument recorded in the freehold land register are conclusive evidence of-- (a) the registration of the instrument; and (b) the contents of the instrument; and (c) all terms stated or implied in it by this or another Act; and (d) when the instrument was lodged and registered. 180 Benefits of registration The benefits of this division apply to an instrument whether or not valuable consideration has been given. 181 Interest in a lot not transferred or created until registration An instrument does not transfer or create an interest in a lot at law until it is registered. 182 Effect of registration on interest On registration of an instrument that is expressed to transfer or create an interest in a lot, the interest-- (a) is transferred or created in accordance with the instrument; and (b) is registered; and (c) vests in the person identified in the instrument as the person entitled to the interest. 183 Right to have interest registered A person to whom an interest is to be transferred or in whom an interest has been created has a right to have the instrument transferring or creating the interest registered if-- (a) the instrument has been executed; and (b) the person lodges the instrument and any documents required by the registrar to effect registration of the instrument; and (c) the person has otherwise complied with this Act in relation to the registration of the instrument. 184 Quality of registered interests (1) A registered proprietor of an interest in a lot holds the interest subject to registered interests affecting the lot but free from all other interests. (2) In particular, the registered proprietor-- (a) is not affected by actual or constructive notice of an unregistered interest affecting the lot; and (b) is liable to a proceeding for possession of the lot or an interest in the lot only if the proceeding is brought by the registered proprietor of an interest affecting the lot. (3) However, subsections (1) and (2) do not apply-- (a) to an interest mentioned in section 185; or (b) if there has been fraud by the registered proprietor, whether or not there has been fraud by a person from or through whom the registered proprietor has derived the registered interest. 185 Exceptions to s 184 (1) A registered proprietor of a lot does not obtain the benefit of section 184 for the following interests in relation to the lot-- (a) an equity arising from the act of the registered proprietor; (b) the interest of a lessee under a short lease; (c) the interest of a person entitled to the benefit of an easement if its particulars have been omitted from, or misdescribed in, the freehold land register; (d) the interest of a person who, on application, would be entitled to be registered as owner of the lot because the person is an adverse possessor; (e) the interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot; (f) the interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner; (g) the interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest; (h) the interest of a petroleum authority holder under the Petroleum and Gas (Production and Safety) Act 2004 under an access agreement under that Act that-- (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under that Act, binds the registered proprietor; (i) the interest of a GHG authority holder under the Greenhouse Gas Storage Act 2009 under an access agreement under that Act that-- (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under that Act, binds the registered proprietor. Note-- For when an access agreement mentioned in paragraph (h) or (i) binds the registered proprietor, see the Petroleum and Gas (Production and Safety) Act 2004, sections 507 and 509 and the Greenhouse Gas Storage Act 2009 sections 292 and 294 (1A) A registered proprietor of a lot (the relevant mortgagee) who is recorded in the freehold land register as a mortgagee of the lot or an interest in the lot does not obtain the benefit of section 184 for the relevant mortgagee's interest as mortgagee if-- (a) the relevant mortgagee-- (i) in relation to the instrument of mortgage, failed to comply with section 11A(2); or (ii) in relation to a transfer of the instrument of mortgage, failed to comply with section 11B(2); and (b) the instrument of mortgage was executed other than by the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered. (2) The interest of the lessee under subsection (1)(b) does not include-- (a) a right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or (b) a right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term. (3) For subsection (1)(c), the particulars of an easement (the easement particulars) are taken to have been omitted from the freehold land register only if-- (a) the easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded in the freehold land register against the lot; or (b) the easement particulars have previously been recorded in the freehold land register, but the current particulars in the freehold land register about the lot do not include the easement particulars, other than because the easement has been extinguished in relation to the lot; or (c) the instrument providing for the easement was lodged for registration but, because of an error of the registrar, has never been registered. (4) Subsection (3) applies whether or not the lot has at any time been transferred or otherwise dealt with. (5) If an issue arises in a proceeding as to whether a person registered as a mortgagee does not obtain the benefit of section 184 because of subsection (1A), proof that the person complied with section 11A(2) or 11B(2) rests on the person. (6) In subsection (3)(b)-- extinguished includes surrendered. 186 Action to correct wrong inclusion of a lot (1) If the registrar is satisfied that section 185(1)(g) applies to an indefeasible title, the registrar may correct the indefeasible title. (2) A person affected by the correction may apply to the Supreme Court for an order that the correction be amended or set aside. (3) The application must be made within 1 month after the person receives written notice of the correction. 187 Orders by Supreme Court about fraud and competing interests (1) If there has been fraud by the registered proprietor or section 185(1)(c), (d), (e), (f) or (g) or (1A) applies, the Supreme Court may make the order it considers just. (2) Without limiting subsection (1), the Supreme Court may, by order, direct the registrar-- (a) to cancel or correct the indefeasible title or other particulars in the freehold land register; or (b) to cancel, correct, execute or register an instrument; or (c) to create a new indefeasible title; or (d) to issue a new instrument; or (e) to do anything else. 188 Compensation for deprivation of lot or interest in lot (1) This section applies if a person (the claimant) is deprived of a lot, or an interest in a lot, because of-- (a) the fraud of another person; or (b) the incorrect creation of an indefeasible title in the name of another person; or (c) incorrect registration; or (d) an error in an indefeasible title or in the freehold land register; or (e) tampering with the freehold land register; or (f) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or (g) an omission, mistake, breach of duty, negligence or misfeasance of or by the registrar or a member of the staff in the land registry; or (h) the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection. (2) The claimant is entitled to compensation from the State for the deprivation. 188A Compensation for loss or damage (1) This section applies if a person (the claimant) suffers loss or damage because of-- (a) the incorrect creation of an indefeasible title in the name of another person; or (b) incorrect registration; or (c) an error in an indefeasible title or in the freehold land register; or (d) reliance on the incorrect state of the freehold land register; or (e) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or (f) omission, mistake, breach of duty, negligence or misfeasance of or by the registrar or a member of the staff of the land registry; or (g) the exercise by the registrar of a power in relation to an application or dealing of which the person had no connection. (2) The claimant is entitled to compensation from the State for the loss or damage. (3) Despite anything in subsection (1) or (2), the claimant is not entitled to compensation under this section for loss or damage caused by the incorrectness of a register kept by the registrar if the registrar may correct the register under section 15. (4) Subsection (3) does not limit the claimant's rights to compensation otherwise than under subsections (1) and (2). 188AA Compensation for which claim may not be made (1) The compensation to which a claimant is entitled under section 188 or 188A does not include compensation for personal injury. (2) In subsection (1)-- personal injury includes loss of income, including loss of income claimed to arise from personal injury, and psychological and psychiatric injury. 188B Order by Supreme Court about deprivation, loss or damage (1) For section 188 or 188A, a claimant may apply to the Supreme Court for an order-- (a) for compensation to be paid by the State; or (b) directing the registrar to take stated action. (2) The court may make the order it considers just. (3) Without limiting subsection (2), the court may by order direct the registrar to-- (a) cancel or correct an indefeasible title or other particulars in the freehold land register; or (b) create a new indefeasible title; or (c) issue a new instrument; or (d) do anything else. (4) The court may join any other person it considers appropriate in a proceeding under this section. 188C Time limit for claim A person applying to the Supreme Court under section 188B for compensation under section 188 or 188A must make the application-- (a) within 12 years after the person becomes aware, or ought reasonably to have become aware, of the circumstances giving rise to the entitlement to compensation; or (b) within a longer period the court considers just. 188D No right of subrogation for insurers (1) An insurer can not be subrogated to another person in relation to the other person's entitlement to claim compensation under section 188 or 188A. (2) In this section-- insurer means a person who carries on an insurance business within the meaning of the Insurance Act 1973 (Cwlth). 189 Matters for which there is no entitlement to compensation (1) A person is not entitled to compensation from the State for deprivation, loss or damage-- (a) because of a breach of a trust or fiduciary duty (whether express, implied or constructive) including a breach of duty arising in the administration of the estate of a deceased person; or (ab) if the deprivation, loss or damage can fairly be attributed to the person's failure, as original mortgagee under section 11A, or as mortgage transferee under section 11B, to take the steps required under section 11A(2) or 11B(2); or (b) if the person, a person acting as agent for the person, or an indemnified lawyer acting or purporting to act as lawyer for the person, caused or substantially contributed to the deprivation, loss or damage by fraud, neglect or wilful default, including, for example, failure to take reasonable steps in response to a notice that the registrar intended to create a new indefeasible title for the relevant lot; or (d) suffered by a corporation through the improper use of its seal or by an act of an authorised signatory of the corporation who exceeds the signatory's authority; or (e) caused when the registrar corrected an indefeasible title that mistakenly included the person's land, unless the person suffered loss or damage under section 188A(1)(d); or (f) because of an error in the location of a lot's boundaries or in a lot's area; or (g) because of an error or shortage in area of a lot according to a plan lodged in the land registry; or (h) if the loss, damage or deprivation arises out of a matter about which the registrar is by an Act or law, either expressly or by necessary implication, excused from inquiring; or (i) because of the registrar's lodgment of a caveat under section 17; or (j) because the particulars of an easement over a lot have been omitted from the freehold land register; or (k) because of the misdescription of the particulars of an easement in the freehold land register; or (l) because of the recording or keeping of information or anything else under section 28(2), 29 or 34, if-- (i) the information or thing, as recorded or kept, is incorrect; and (ii) the information or thing was given to the registrar for recording or keeping by another entity; and (iii) the incorrectness was not because of an error of the registrar in the recording or keeping. (1A) A failure to obtain a certificate of title for a lot may not be taken into account in considering whether, under subsection (1)(b), a person, or a person acting as agent for the person, or an indemnified lawyer acting or purporting to act as lawyer for the person, caused or substantially contributed to the deprivation of the lot or an interest in the lot. (1B) Section 185(3), (4) and (6) applies for subsection (1)(j) in the same way it applies for section 185(1)(c). (2) In this section-- indemnified lawyer means a lawyer covered by indemnity insurance (however described) under the Legal Profession Act 2007 or a law of another jurisdiction that corresponds to the provisions about indemnity insurance under that Act. 189A Limit on amounts recoverable by mortgagee (1) This section applies if-- (a) a person (the mortgagee) is recorded in the freehold land register as a mortgagee of a lot, or an interest in a lot, under an instrument of mortgage; and (b) the execution of the instrument of mortgage involved, or was associated with, fraud against a person (the defrauded person) who is or was a registered proprietor of the lot; and Examples-- 1 A person engages in fraud by executing the instrument of mortgage, pretending to be the registered proprietor. 2 A person executes the instrument of mortgage as registered proprietor, having first engaged in fraud by executing an instrument of transfer, pretending to be the registered proprietor. (c) the mortgagee is entitled to exercise power of sale over the lot or interest on the basis of the registered mortgage; and (d) if the position of the defrauded person in relation to the lot or interest is not otherwise rectified, the defrauded person will be entitled to compensation under section 188 for deprivation of the lot or interest. (2) If the mortgagee exercises the power of sale, subsections (3) and (4)-- (a) apply to limit the interest and costs components of the proceeds of sale that the mortgagee is entitled to retain; and (b) apply despite anything to the contrary in the instrument of mortgage (including any associated document). (3) The rate of interest to be applied for calculating the interest component for any particular day for which the instrument of mortgage was in effect must not exceed-- (a) if the rate of interest provided for under the instrument of mortgage for the day is less than or equal to the official cash rate for the day plus 2%--the rate of interest provided for under the instrument; or (b) if the rate of interest provided for under the instrument of mortgage for the day is greater than the official cash rate for the day plus 2%--the total of the following-- (i) the official cash rate for the day; (ii) 2%. (4) The costs component must be limited to the costs incurred by the mortgagee in directly protecting the mortgagee's interest as mortgagee of the lot or the interest in a lot, to the extent the costs were reasonably incurred. Examples of costs incurred in directly protecting the mortgagee's interest-- insurance premiums, rates, land taxes Examples of costs not incurred in directly protecting the mortgagee's interest-- costs of entry into possession, costs of exercising power of sale (5) In this section-- costs component means costs incurred by the mortgagee in relation to the mortgage. official cash rate, for a day, means the Reserve Bank of Australia's official cash rate for the day. 190 State's right of subrogation (1) On payment of any compensation under section 188 or 188A, the State is subrogated to the rights of the claimant against any other person, in relation to the deprivation, loss or damage under the section. (2) If the State, in exercising its rights under subsection (1), receives an amount that is more than the amount it paid to the claimant, the State must pay the difference to the claimant after deduction of the State's costs. 191 Vendor does not have equitable lien A vendor of a lot does not have an equitable lien on the lot because of the purchaser's failure to pay all or part of the purchase price for the lot. 191A Definitions for pt 10A In this part-- public interest includes the cultural, environmental, heritage, land protection, planning, recreational, social and strategic interests of the public. tidal boundary means a boundary of land that-- (a) is identified with reference to water, however described, that is subject to tidal influence; and Example-- a boundary established by reference to the Pacific Ocean or to high water mark (b) having regard to how the boundary is identified, can not appropriately be represented on a plan of subdivision as a straight line boundary. tidal boundary plan of subdivision means a plan of subdivision that includes a section of tidal boundary. 191B Application of pt 10A (1) This part applies if-- (a) a tidal boundary plan of subdivision (the new plan of subdivision)-- (i) was lodged on or after 8 November 2005 but before the commencement of this section; or (ii) is lodged after the commencement but before 8 November 2009; and (b) the location of a section of tidal boundary (the relevant section), as represented on the new plan of subdivision, is inconsistent with its location as represented on the most recently registered previous plan of subdivision (the earlier plan of subdivision) to include some or all of the relevant section. (2) However, this part does not apply to a tidal boundary plan of subdivision if-- (a) the Integrated Planning Act 1997, section 3.7.6 applies to the plan of subdivision; and (b) the approval mentioned in the section was given before 8 November 2005; and (c) the plan was or is lodged in compliance with the section. (3) The requirements of this part are in addition to, and are not in substitution for, any other provision of this Act that applies to a plan of subdivision. 191C Prohibition on registration of relevant tidal boundary plan of subdivision (1) The registrar must not, without the approval of the Minister under this part, register the new plan of subdivision. (2) The registrar's refusal, on or after 8 November 2005, and before the commencement of this section, to register a plan of subdivision is taken to have been a valid refusal under this part if, on the commencement of this section, this part commences to apply in relation to the plan of subdivision. 191D Approval of Minister in circumstances of accretion or erosion (1) This section applies if the location of the relevant section on the earlier plan of subdivision was consistent with directions and instructions applying to surveyors when the earlier plan of subdivision was prepared. (2) The Minister may approve registration of the new plan of subdivision, but only if the Minister is satisfied-- (a) that the difference, as between the earlier plan of subdivision and the new plan of subdivision, in the location of the relevant section can appropriately be attributed, in accordance with applicable law, to accretion or erosion; and (b) in relation to the location of the relevant section on the new plan of subdivision, that-- (i) the registration of the new plan of subdivision, will not, in practical terms, be contrary to the public interest; or (ii) despite registration of the new plan of subdivision, a development condition under the Integrated Planning Act 1997 will operate to give adequate protection to the public interest. 191E Approval of Minister in other limited circumstances (1) This section applies if-- (a) the location of the relevant section on the earlier plan of subdivision was inconsistent with directions and instructions applying to surveyors when the earlier plan of subdivision was prepared; or (b) there were no relevant directions or instructions applying to surveyors when the earlier plan of subdivision was prepared. (2) The Minister may approve registration of the new plan of subdivision, but only if the Minister is satisfied, in relation to the location of the relevant section on the new plan of subdivision, that-- (a) the registration of the new plan of subdivision, will not, in practical terms, be contrary to the public interest; or (b) despite registration of the new plan of subdivision, a development condition under the Integrated Planning Act 1997 will operate to give adequate protection to the public interest. 191F No compensation for operation of this part A person is not entitled to compensation from the State under this Act, or otherwise, for deprivation of an interest in a lot, or for loss or damage of any kind, arising out of the operation of this part, including, in particular-- (a) the Minister's refusal to approve, under this part, the registration of a plan of subdivision; or (b) the registrar's refusal, under this part, to register a plan of subdivision. 192 Words and expressions used in instruments under Act (1) Words and expressions used in instruments made or executed under this Act and also in this Act have the same respective meanings in the instruments as they have in this Act. (2) The application of subsection (1) to an instrument may be displaced, wholly or partly, by a contrary intention appearing in the instrument. 193 Protection from liability (1) This section applies to the registrar and land registry staff. (2) A person to whom this section applies is not civilly liable for an act or omission done honestly and without negligence under this Act. (3) If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State. 194 Chief executive may approve forms The chief executive may approve forms for use under this Act. 195 Reference to instrument is reference to instrument completed in appropriate form In this Act, a reference to a particular type of instrument is a reference to the instrument completed in the appropriate form. 196 References in instruments to a person with an interest in a lot includes personal representatives etc. (1) In an instrument made or executed under this Act, a reference to a person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, lessee, trustee or as having an interest in a lot includes a reference to the person's personal representatives, successors and assigns. (2) The application of this section may be displaced, wholly or partly, by a contrary intention appearing in the instrument. 197 Service (1) A notice required or permitted to be served on a person under this Act (a land title notice) may be served on the person's agent. (2) The Supreme Court may order that a land title notice required or permitted be served on a person under this Act be served in the way directed by the Supreme Court. (3) The Supreme Court may make an order under subsection (2) if, for example, the person-- (a) is not known; or (b) can not be found and has no known agent; or (c) is dead and has no personal representative. (4) The Supreme Court may dispense with service of a land title notice if it is satisfied that it is appropriate to dispense with service of the notice. 198 Delivery If the registrar is required or permitted to return an instrument or other document to a person who has deposited or lodged it in the land registry, the registrar may return it by leaving it at a place designated for the purpose in the land registry. 198A Supply of statistical data (1) The registrar may enter into an agreement to supply statistical data derived from instruments or information kept in the land registry. (2) If the registrar supplies statistical data under subsection (1)-- (a) the fees and charges applying for the supply of the data are the fees and charges agreed to in the agreement; and (b) without limiting paragraph (a), the agreement may also state-- (i) how the fees and charges are to be calculated; and (ii) how payment of the fees and charges is to be made. (3) Without limiting subsection (1), an agreement for the supply of statistical data may limit the use to which the data supplied may be put. (4) An agreement for the supply of statistical data must include-- (a) a provision allowing the registrar to exclude particulars from data supplied under the agreement, if the registrar is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and (b) a provision allowing the registrar to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement. (5) An agreement under this section must not provide for the obtaining of information or anything else that may be obtained under a search under section 35, other than section 35(1)(a)(iv). (6) The registrar must exclude land particulars and personal information from data supplied under the agreement. (7) Subsection (6) applies despite anything in the agreement. (8) In this section-- land particulars means particulars from any instrument or information kept by the registrar that may allow a person to identify a lot to which the instrument or information relates. personal information means a particular from any instrument or information kept by the registrar that may allow a person to identify a person to whom the instrument or information relates. 199 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following matters-- (a) how instruments may be lodged; (b) fees, to be paid in relation to-- (i) the lodgment and registration of instruments in the land registry; or (ii) the provision of other services by the registrar; (c) how fees are to be paid and may be recovered, including the provision of credit facilities to persons approved by the registrar; (d) the size, type and quality of paper on which a form may be printed; (e) the size and nature of the type to be used in both the printing and completion of a form; (f) the ink or other substance to be used for printing or completing a form; (g) additional information to be supplied with a form; (h) transitional arrangements if a new form is approved; (i) the execution of instruments; (j) requirements for particular formats of plans of survey; (k) anything else about a form or instrument; (l) recording of a community management statement. (3) A regulation may create offences and prescribe penalties of not more than 5 penalty units for the offences. 200 Things made under repealed Acts (1) In this section-- done includes issued, recorded, entered, kept, granted, declared, registered, lodged, deposited, produced, transferred, created, served, given, acquired, required, executed, removed, noted, sealed, imprinted, witnessed, advertised and anything else prescribed by regulation for this definition. (2) Everything done under an Act repealed by this Act, is as effective as if it had been done under this Act. 201 Interests and certificates of title under repealed Acts (1) On the commencement of this section-- (a) each interest in freehold land held by a person immediately before the commencement, and recorded under an Act repealed by this Act, is taken to be an interest held by the person in the freehold land register; and (b) each certificate of title, duplicate certificate of title or deed of grant (other than a deed of grant prescribed by regulation) issued under an Act repealed by this Act before the commencement is taken to be a certificate of title issued under this Act. (2) The registrar must do everything necessary or desirable to ensure that the particulars of each interest mentioned in subsection (1) are fully and accurately recorded in the freehold land register. 203 Effect of repeal by this Act The repeal of the following sections is limited in the following way-- (a) the Real Property Act 1877, section 11 continues to apply to a lease granted before this Act commenced; (b) the Real Property Acts and Other Acts Amendment Act 1986, section 5 continues to apply to a bill of encumbrance and memorandum of transfer-and-charge registered or executed before this Act commenced; (c) the Real Property Act 1861, sections 126 to 129 and section 135 continue to apply to claims for compensation for-- (i) deprivation of an interest in a lot; and (ii) loss or damage caused by an error, breach of duty or wrongdoing by the registrar; that happened before this Act commenced; (d) the Real Property Act 1861, section 119A continues to apply to plans mentioned in section 83A of this Act that were lodged or registered before this Act commenced. 204 Registration of instrument lodged before commencement of this Act (1) If-- (a) an instrument is lodged before the commencement of this Act, but is not registered before the commencement; and (b) the registrar had power to register the instrument when it was lodged; the registrar may register the instrument after the commencement of this Act. (2) When registering an instrument under subsection (1), the registrar must exercise the powers the registrar had at the time when the instrument was lodged. 205 Reference to registrar-general etc. (1) A reference to the registrar-general or master of titles in an Act or document about the registration of instruments under an Act repealed by this Act is taken to be a reference to the registrar. (2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954, section 14H. (3) The application of subsection (1) to a reference is not displaced, wholly or partly, merely because the reference is accompanied by a reference to an Act repealed by this Act, or a provision of an Act repealed by this Act, as amended from time to time or as in force at a particular time. 206 References to office of registrar of titles A reference in any Act or document to the office of the registrar of titles (either in those words or in words to the same effect) is taken to be a reference to the land registry. 207 Reference to Act repealed by this Act In an Act or document, a reference to an Act repealed by this Act, or to a group of Acts repealed by this Act (whether or not as the 'Real Property Acts'), is taken to be a reference to this Act. 208 References to registrar of dealings In an Act or document, a reference to the registrar of dealings may, if the context permits, be taken to be a reference to the registrar of titles. 209 Authorisation under repealed s 136 continues for 1 year An authorisation under section 136 that is in force immediately before the repeal of the section continues to have effect for 1 year after the repeal as if the section had not been repealed. 210 Continuation of particular exclusion of entitlement under s 189 (1) This section applies to conduct that, apart from the repeal of the Queensland Law Society Act 1952, section 24A (the repealed section), would constitute unlawful conduct in relation to an excluded mortgage, as mentioned in the repealed section. (2) Despite the repeal, the repealed section and section 189(1)(c) continue to have effect to exclude conduct happening on or after 16 May 1996 or after the commencement of this section, that would have constituted unlawful conduct in relation to an excluded mortgage under the repealed section had that section not been repealed. - SCHEDULE 1 WITNESSES TO INSTRUMENTS Place of execution of instrument Persons who can witness execution • a notary public • a justice of the peace • a commissioner for declarations in a State, Territory or place outside or for taking affidavits • a lawyer • a Australia barrister • a solicitor • a barrister and solicitor • a legal practitioner • a conveyancer • another person approved by the registrar at any place outside Australia • a person prescribed by regulation - SCHEDULE 2 DICTIONARY action to recover a lot includes an action to redeem a mortgage of the lot. adverse possessor of a lot means a person-- (a) against whom the time for bringing an action to recover the lot has expired under the Limitation of Actions Act 1974; and (b) who, apart from this Act, is entitled to remain in possession of the lot. appropriate form, for an instrument, means-- (a) the form that is the approved form for the instrument; or (b) if a form is approved or prescribed for the instrument under another Act--that form; or (c) if the chief executive has given consent for an electronic form of the instrument under section 156A(1) or the Electronic Transactions (Queensland) Act 2001--the electronic form. approved form see section 194. area includes the volume of a lot on a volumetric format plan of subdivision. bankruptcy includes a proceeding under a law about bankruptcy, insolvency or the liquidation of corporations. basic scheme see section 115B(5). BCCM Act means the Body Corporate and Community Management Act 1997. body corporate see BCCM Act, schedule 6. building means a fixed structure that is wholly or partly enclosed by walls and is roofed, and includes a part of a building. building format see section 48C. building format lot means a lot on a building format plan of survey. building management statement see section 54A(2). caveatee, for a lot over which a caveat has been lodged, means-- (a) a registered proprietor of the lot; or (b) someone (other than the caveator) who has an interest in the lot. caveator, for a lot over which a caveat has been lodged, means a person in whose favour the caveat is lodged. certificate of title means a certificate issued by the registrar under section 42. common property see section 115B(2)(b). community management statement see the BCCM Act, section 12. community titles scheme see section 115B(1). contribution schedule lot entitlement see the BCCM Act, section 46. correct includes correct by addition, omission or substitution. deed of grant means an instrument evidencing the grant of land by the State. deposit means file in the land registry other than for registration. earlier plan of subdivision, for part 10A, see section 191B. electronic communication means a communication of information in the form of data, text or images by guided or unguided electromagnetic energy. enforcement warrant means an enforcement warrant under-- (a) the Supreme Court Act of Queensland 1991, section 93A; or (b) the State Penalties Enforcement Act 1999, section 63. error includes an error by omission. explanatory format plan see section 48E. fee includes tax. freehold land register means the freehold land register kept under this Act. included in, in the context of the inclusion of a lot in a community titles scheme, see section 115C(4). indefeasible title see sections 38 and 41B. instrument includes-- (a) a deed of grant or certificate of title; and (b) a will, grant of representation, or exemplification of a will, that may be used to deal with a lot; and (c) a deed that relates to or may be used to deal with a lot; and (d) a power of attorney that may be used to deal with a lot; and (e) a request, application or other document that deals with a lot and may be registered under this Act; and (f) a map or plan of survey that may be lodged; and (g) another document that may be deposited. interest schedule lot entitlement see the BCCM Act, section 46. land registry means the land registry kept under this Act. lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State. layered arrangement of community titles schemes see section 115C. lodge means file in the land registry for registration. lot means a separate, distinct parcel of land created on-- (a) the registration of a plan of subdivision; or (b) the recording of particulars of an instrument; and includes a lot under the Building Units and Group Titles Act 1980. mortgage includes a charge on a lot or an interest in a lot for securing money or money's worth. new plan of subdivision, for part 10A, see section 191B. plan of subdivision see section 49. plan of survey includes a plan that the registrar requires the registered proprietor of a lot to lodge. principal scheme see section 115C(1)(a). profit a prendre includes a profit a prendre under the Forestry Act 1959, section 61J. proprietor of a lot means a person entitled to an interest in a lot, whether or not the person is in possession. Example-- A lessee or mortgagee of a lot is a proprietor of the lot. public interest, for part 10A, see section 191A. public thoroughfare easement see section 81A. public use land means land dedicated to public use by a plan of subdivision. register a lot, interest, instrument or other thing means record the particulars of the thing in the freehold land register. registered owner of a lot means the person recorded in the freehold land register as the person entitled to the fee simple interest in the lot. registered proprietor of a lot means a person recorded in the freehold land register as a proprietor of the lot. registrar means the registrar of titles. relevant local government, for a provision about a lot or proposed lot, means each local government in whose area the lot or proposed lot is located. relevant section, for part 10A, see section 191B. scheme land see section 115B(1)(a). short lease means a lease-- (a) for a term of 3 years or less; or (b) from year to year or a shorter period. sketch plan means a drawing in an instrument of lease that shows the leased area and is not a plan of survey. standard format see section 48B. standard format lot means a lot on a standard format plan of survey. subsidiary scheme see section 115C(3). term includes covenant and condition. term of a lease means the period beginning when the lessee is first entitled to possession of a lot or part of a lot under the lease and ending when the lessee is last entitled to possession, even if the lease consists of 2 or more discontinuous periods. tidal boundary, for part 10A, see section 191A. tidal boundary plan of subdivision, for part 10A, see section 191A. time share scheme means a scheme under which participants are to have exclusive possession of a lot or part of a lot for discontinuous periods. urban development area means an urban development area under the Urban Land Development Authority Act 2007. Urban Land Development Authority means the Urban Land Development Authority under the Urban Land Development Authority Act 2007. utility infrastructure see the BCCM Act, schedule 6. utility service see the BCCM Act, schedule 6. volumetric format see section 48D. volumetric format lot means a lot on a volumetric format plan of survey. writ of execution means a writ or warrant of execution after judgment in any court, and includes an enforcement warrant. - NOTES Page Date to which amendments incorporated 153 Key 154 Table of reprints 154 Tables in earlier reprints 155 List of legislation 155 List of annotations 160 List of forms notified or published in the gazette 175 Table of renumbered provisions 177 Information about retrospectivity 179 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 23 February 2009. Future amendments of the Land Title Act 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted Reprint No. Amendments to Effective Reprint date 1 1994 Act No. 33 24 April 1994 27 July 1994 2 1994 Act No. 81 25 April 1995 28 April 1995 3 1994 Act No. 81 1 July 1995 7 July 1995 3A 1996 Act No. 37 1 December 1996 5 March 1997 4 1997 Act No. 28 13 July 1997 1 August 1997 4A 1997 Act No. 40 25 August 1997 16 October 1997 4B 1997 Act No. 78 5 December 1997 4 February 1998 4C 1998 Act No. 20 30 March 1998 2 July 1998 4D 1998 Act No. 31 30 March 1998 25 September 1998 5 1998 Act No. 31 12 October 1998 6 November 1998 5A 1998 Act No. 48 18 December 1998 18 December 1998 5B 2000 Act No. 2 8 March 2000 20 March 2000 5C 2000 Act No. 8 1 July 2000 7 July 2000 5D 2000 Act No. 8 27 November 2000 28 November 2000 6 2000 Act No. 8 27 November 2000 9 February 2001 6A 2001 Act No. 33 7 June 2001 8 June 2001 6B 2001 Act No. 57 1 October 2001 12 October 2001 6C 2001 Act No. 92 1 February 2002 8 February 2002 Reprint No. Amendments included Effective Notes 6D 2002 Act No. 11 1 July 2002 6E 2003 Act No. 6 4 March 2003 6F 2003 Act No. 25 16 May 2003 R6F withdrawn, see R7 7 -- 16 May 2003 7A 2004 Act No. 4 6 May 2004 7B 2004 Act No. 9 20 May 2004 7C 2004 Act No. 11 1 July 2004 7D 2003 Act No. 70 2003 Act 1 August 2004 No. 71 7E 2004 Act No. 25 31 December 2004 7F 2005 Act No. 68 6 February 2006 R7F withdrawn, see R8 8 -- 6 February 2006 8A 2006 Act No. 54 7 December 2006 8B 2007 Act No. 19 18 May 2007 8C 2007 Act No. 24 1 July 2007 8D 2007 Act No. 41 21 September 2007 8E 2007 Act No. 19 (amd 2007 1 January 2008 R8E withdrawn, see R9 Act No. 57) 9 -- 1 January 2008 9A 2008 Act No. 22 2008 Act 1 July 2008 No. 34 9B 2008 Act No. 58 13 November 2008 9C 2009 Act No. 3 23 February 2009 Name of table Reprint No. Corrected minor errors 1, 3 Obsolete and redundant provisions 3 Renumbered provisions 2 This reprint has been renumbered--see table of renumbered provisions in endnote 9. (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Previous Renumbered as 137A 138 137B 139 137C 140 137D 141 137E 142 137F 143 137G 144 137H 145 137I 146 137J 147 137K 148 137L 149 137M 150 137N 151 137O 152 138 153 139 154 140 155 141 156 142 157 143 158 144 159 145 160 146 161 147 162 148 163 149 164 150 165 151 166 152 167 153 168 154 169 155 170 156 171 157 172 158 173 159 174 160 175 161 176 162 177 163 178 164 179 165 180 166 181 167 182 168 183 169 184 170 185 171 186 172 187 173 188 174 189 175 190 176 191 177 192 178 193 179 194 180 195 181 196 182 197 183 198 184 199 185 200 186 201 186A 202 187 203 188 204 189 205 190 206 191 207 193 208 > termination issues means-- (a) the disposal, and disposition of proceeds from the disposal, of the land that, immediately before the termination of a community titles scheme, is scheme land; and (b) custody, management and distribution (including the disposal, and disposition of proceeds from the disposal) of items of property that, immediately before the termination of a community titles scheme, are body corporate assets; and (c) the sharing of liabilities that, immediately before the termination of a community titles scheme, are liabilities of the body corporate.