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NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 NO. 68

NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2005 NO. 68


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Coal Mining Safety and Health Act 1999
   3.      Act amended in pt 2
   4.      Amendment of s 126 (Qualifications for appointment as inspector)
   5.      Amendment of s 129 (Further functions of inspectors)
   6.      Amendment of s 160 (Additional powers of chief inspector)
   7.      Amendment of s 255 (Proceedings for offences)
   8.      Amendment of s 256 (Recommendation to prosecute)
   9.      Amendment of s 276 (Protection from liability)
           Part 3--Amendment of Land Act 1994
   10.     Act amended in pt 3
   11.     Omission of s 2 (Commencement)
           12. Amendment of s 275 (Registers comprising land registry)
   13.     Amendment of s 276 (Registers to be kept by chief executive)
   14.     Amendment of s 281 (Other information may be kept)
   15.     Replacement of s 282 (Distinguishing reference for each document)
   16.     Amendment of s 284 (Entitlement to search a register)
   17.     Insertion of new s 285A
           18. Insertion of new ss 286A and 286B
           19. Amendment of s 287 (Registered documents must be in the appropriate form)
   20.     Insertion of new ss 288A-288C
           21. Amendment of s 290D (Explanatory format plan)
   22.     Amendment of s 290J (Requirements for registration of plan of subdivision)
   23.     Insertion of new s 291A
           24. Amendment of s 294B (Building management statement may be registered)
   25.     Insertion of new s 294BA
           26. Amendment of s 294C (Circumstances under which building management statement may be registered)
   27.     Amendment of s 294D (Content of building management statement)
   28.     Amendment of s 294I (Extinguishing a building management statement)
   29.     Amendment of s 295 (Right to have interest registered)
   30.     Amendment of s 296 (Tenure document to be returned to land registry)
   31.     Amendment of s 302 (Effect of registration on interest)
   32.     Amendment of s 304 (Correcting unregistered documents)
   33.     Amendment of s 305 (Requisitions)
           34. Amendment of s 314 (Dispensing with production of document)
   35.     Insertion of new s 317A
           36. Amendment of s 321 (Withdrawal or cancellation of standard terms document)
   37.     Insertion of new ss 358A and 358B
           38. Amendment of s 361 (Definitions)
           39. Amendment of s 362 (Easements may be created only by registration)
   40.     Amendment of s 366 (Rights and liabilities created on registration of document)
   41.     Amendment of s 369 (Public utility easements)
   42.     Amendment of s 371 (Surrendering an easement)
   43.     Amendment of s 372 (End and continuation of easements)
   44.     Amendment of s 373A (Covenant by registration)
   45.     Insertion of new s 373AA
           46. Amendment of s 377 (Registering personal representative)
   47.     Amendment of s 379 (Registering beneficiary)
   48.     Insertion of new ch 7, pt 3B
   49.     Amendment of sch 6 (Dictionary)
           Part 4--Amendment of Land Title Act 1994
   50.     Act amended in pt 4
   51.     Insertion of new s 9A
           52. Amendment of s 10 (Form of instruments)
   53.     Insertion of new ss 11A and 11B
           54. Amendment of s 15 (Registrar may correct registers)
   55.     Amendment of s 17 (Registrar may prepare and register caveat)
   56.     Amendment of s 19 (Registrar may decide to hold inquiry)
   57.     Amendment of s 23 (Notice to witness)
   58.     Amendment of s 26 (Other referrals by the registrar to the Supreme Court)
   59.     Amendment of s 30 (Registrar must register instruments)
   60.     Replacement of s 32 (Registrar must give distinguishing reference to each instrument)
   61.     Amendment of s 34 (Other information not part of the freehold land register)
   62.     Amendment of s 35 (Entitlement to search register)
   63.     Amendment of s 48E (Explanatory format plan)
   64.     Amendment of s 49C (Building format plan of subdivision)
   65.     Amendment of s 50 (Requirements for registration of plan of subdivision)
   66.     Amendment of s 51 (Dedication of public use land in plan)
   67.     Insertion of new s 51A
           68. Amendment of s 54A (Building management statement may be registered)
   69.     Insertion of new s 54AA
           70. Amendment of s 54B (Circumstances under which building management statement may be registered)
   71.     Amendment of s 54C (Content of building management statement)
   72.     Amendment of s 54H (Extinguishing a building management statement)
   73.     Amendment of s 54I (Lots constituted by community titles scheme)
   74.     Amendment of s 72 (Mortgaging lot etc. by registration)
   75.     Amendment of s 81A (Definitions for div 4)
   76.     Amendment of s 85B (Rights and liabilities created on registration of instrument)
   77.     Amendment of s 89 (Easements for public utility providers)
   78.     Amendment of s 90 (Surrendering an easement)
   79.     Amendment of s 97A (Covenant by registration)
   80.     Insertion of new s 97AA
           81. Replacement of s 98 (Application may not be made about encroachment)
   82.     Amendment of s 99 (Application for registration)
   83.     Amendment of s 105 (Lapsing of caveat)
   84.     Replacement of s 106 (Reviving or replacing caveat)
   85.     Amendment of s 107 (Refusing or compromising application)
   86.     Amendment of s 108 (Registering adverse possessor as owner)
   87.     Insertion of new ss 108A and 108B
           88. Amendment of s 111 (Registering personal representative)
   89.     Amendment of s 112 (Registering beneficiary)
   90.     Amendment of s 115K (Recording community management statements)
   91.     Amendment of s 121 (Requirements of caveats)
   92.     Replacement of s 129 (Further caveat)
   93.     Replacement of s 137 (Acts for minors and by attorneys etc.)
   94.     Replacement of s 146 (No further settlement notice for same transaction)
   95.     Amendment of s 154 (Lodging certificate of title)
   96.     Amendment of s 155 (Correcting unregistered instruments)
   97.     Amendment of s 156 (Requisitions)
           98. Amendment of s 166 (Destroying instrument in certain circumstances)
   99.     Insertion of new s 168A
           100. Amendment of s 172 (Withdrawal or cancellation of standard terms document)
   101.    Amendment of s 185 (Exceptions to s 184)
           102. Amendment of s 187 (Orders by Supreme Court about fraud and competing interests)
   103.    Amendment of pt 9, div 2, sdiv C, hdg
   104.    Insertion of new s 188AA
           105. Amendment of s 188B (Order by Supreme Court about deprivation, loss or damage)
   106.    Insertion of new ss 188C and 188D
           107. Amendment of s 189 (Matters for which there is no entitlement to compensation)
   108.    Insertion of new s 189A
           109. Amendment of s 190 (State's right of subrogation)
   110.    Insertion of new pt 10A
   111.    Insertion of new s 198A
           112. Amendment of sch 2 (Dictionary)
           Part 5--Amendment of Integrated Resort Development Act 1987
   113.    Act amended in pt 5
   114.    Amendment of s 79D (Registration of replacement schedule)
           Part 6--Amendment of Local Government Act 1993
   115.    Act amended in pt 6
   116.    Insertion of new ch 13, pt 2A
   117.    Amendment of schedule (Dictionary)
           Part 7--Amendment of Mining and Quarrying Safety and Health Act 1999
   118.    Act amended in pt 7
   119.    Amendment of s 123 (Qualifications for appointment as inspector)
   120.    Amendment of s 126 (Further functions of inspectors)
   121.    Amendment of s 157 (Additional powers of chief inspector)
   122.    Amendment of s 234 (Proceedings for offences)
   123.    Amendment of s 235 (Recommendation to prosecute)
   124.    Amendment of s 256 (Protection from liability)
           Part 8--Amendment of Property Law Act 1974
   125.    Act amended in pt 8
   126.    Amendment of s 61 (Conditions of sale of land)
           Part 9--Amendment of Transport Infrastructure Act 1994
   127.    Act amended in pt 9
   128.    Insertion of new ch 6, pt 9
   129.    Amendment of schedule 6 (Dictionary)
           Part 10--Amendment of Valuers Registration Act 1992
   130.    Act amended in pt 10
   131.    Amendment of s 3 (Definitions)
           132. Amendment of s 18 (Meetings of board)
   133.    Amendment of s 27 (Inspection of register)
   134.    Amendment of s 28 (Publication of names of registered valuers)
   135.    Amendment of s 29 (Applications for registration)
   136.    Replacement of s 31 (Attendance before board of applicant)
   137.    Amendment of s 36B (Renewal of registration—statement or certificate about CPD)
   138.    Amendment of s 39 (Cancellation of registration)
   139.    Amendment of s 42FA (Renewal of recording of registered valuer on list of specialist retail valuers)
   140.    Amendment of s 44 (Board may authorise investigation)
   141.    Amendment of s 50 (Disciplinary charge may be laid)
   142.    Amendment of s 54 (Representation)
           143. Amendment of s 57 (Offences—proceedings)
   144.    Amendment of s 59 (Committee may order cancellation of registration, etc.)
   145.    Amendment of s 61 (Appeals)
           146. Replacement of pt 6, hdg (Transitional provisions for Valuers Registration Act 1992)
   147.    Replacement of pt 7, hdg (Transitional provisions for Valuers Registration Amendment Act 2001)
   148.    Replacement of s 72 (Definitions for pt 7)
   149.    Insertion of new pt 6, div 3
           Part 11--Minor amendments
   150.    Acts amended in schedule
           SCHEDULE MINOR AMENDMENTS