TRANSFER OF LAND (SINGLE REGISTER) BILL 1998

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TRANSFER OF LAND (SINGLE REGISTER) BILL 1998

PARLIAMENT OF VICTORIA Transfer of Land (Single Register) Act 1998 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2--AMENDMENTS TO TRANSFER OF LAND ACT 1958 3 3. Principal Act 3 4. Application of Property Law Act 1958 3 5. Definitions 3 6. New Part II substituted 5 PART II--BRINGING LAND UNDER THE ACT 5 Division 1--General 5 8. Land granted by Crown to be subject to this Act 5 9. Duty of Registrar 6 10. Who may bring land under this Act? 6 11. Leased land may be brought under the Act 8 Division 2--On legal practitioner's certificate 8 12. Choice of conversion schemes 8 13. Deed registration conversion scheme 9 14. Application (non-survey) conversion scheme 10 15. Application (survey) conversion scheme 11 16. Legal practitioner's certificate 14 17. Act to apply to conversion scheme land 14 18. Power of Registrar to create folio for conversion scheme land and require assurance contribution 14 19. In whose name title to issue 15 20. Removal of warning relating to subsisting interests 16 21. Removal of warnings relating to title 16 Division 3--Without legal practitioner's certificate 17 22. Lodgment of specified dealing 17 23. Application for creation of provisional folio 18 24. Creation of provisional folio 19 i 532024B.I1-13/5/98

Clause Page 25. Warning as to subsisting interests 19 26. Warning as to title dimensions 20 26A. In whose name provisional folio created 20 26B. Lodgment of competing interest 21 26C. Removal of warning as to subsisting interests--general 21 26D. Removal of warning as to subsisting interests-- possessory interests 22 26E. Creation of identified folio 22 26F. Recording of interests on identified folio 23 26G. Effect of recording of interest on identified folio 24 26H. Interests in identified folio subject to subsisting interests 24 26I. Priority of interests 25 Division 4--General provisions applying to conversion under this Part 25 26J. Search of title 25 26K. Warnings on provisional folios 25 26L. Land in a provisional folio cannot be subdivided or consolidated 26 26M. Mortgages 26 26N. Notice of creation of ordinary folio or provisional folio for land in identified folio 27 26O. Notice of creation of folio under Division 2 for land in provisional folio created under Division 3 30 26P. Removal of warning relating to title dimensions 30 26Q. Notice of creation of folio or removal of warning 31 26R. Caveats 33 26S. Registrar's discretions 34 26T. Documents lodged in support of application 37 26U. Notice of creation of folio 39 26V. Recording of instruments affecting land 39 26W. Requirement to Registrar to bring land under this Act 41 7. Register of land 42 8. Certificates of title 42 9. Execution 42 10. Claim for title by possession 42 11. Caveats 42 12. Notification of easements in Register 43 13. Repeal of section 80 43 14. Removal of caveat 43 15. Fees to be paid under the Act 43 16. Entitlement to indemnity 43 17. Service of notices 44 18. New Part VII inserted 44 PART VII--TRANSITIONAL 44 ii 532024B.I1-13/5/98

Clause Page 123. Mortgages under general law deemed to be mortgages under this Act 44 124. Limited folios and qualified folios 44 125. Search of title 45 126. Reconstruction of references to Registrar-General 45 19. Amendment of Fifth Schedule 45 20. Amendment of Schedule 5A 46 PART 3--AMENDMENTS TO PROPERTY LAW ACT 47 21. Principal Act 47 22. Registration of instruments 47 23. Vesting orders 47 PART 4--AMENDMENTS TO OTHER ACTS 48 24. Consequential amendments 48 __________________ SCHEDULE 49 NOTES 72 iii 532024B.I1-13/5/98

PARLIAMENT OF VICTORIA A BILL to amend the Transfer of Land Act 1958 to further streamline procedures for the conversion of general law land and to make consequential amendments to the Property Law Act 1958 and to other Acts and for other purposes. Transfer of Land (Single Register) Act 1998 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to amend the Transfer of Land Act 1958 to 5 further streamline procedures for the conversion of general law land; and 1 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 2 Act No. (b) to amend the Property Law Act 1958; and (c) to make consequential amendments to other Acts. 2. Commencement 5 (1) Part 1 comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day to be proclaimed. 10 (3) If the provisions referred to in sub-section (2) do not come into operation before 1 January 1999, they come into operation on that day. _______________ 2 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 3 Act No. PART 2--AMENDMENTS TO TRANSFER OF LAND ACT 1958 3. Principal Act No. 6399. In this Part the Transfer of Land Act 1958 is Reprint No. 11 5 called the Principal Act. as at 19 June 1997. Further amended by Nos 84/1996 and 102/1997. 4. Application of Property Law Act 1958 For section 3(2) of the Principal Act substitute-- "(2) Save as otherwise expressly provided, Part I of the Property Law Act 1958 does not 10 apply to land which is under the operation of this Act.". 5. Definitions (1) In section 4(1) of the Principal Act insert-- ' "conversion scheme" means a procedure for 15 bringing land under this Act set out in section 13, 14 or 15; "entitled person" means a person who is entitled under section 10 to have land brought under this Act; 20 "identified folio" means a folio of the Register created pursuant to section 26E; "provisional folio" means a folio of the Register on which there is recorded-- (a) a warning in the form of Part III of the 25 Fifth Schedule; or 3 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 5 Act No. (b) a warning in the form of Part IV of the Fifth Schedule; or (c) a warning in the form of Part III of the Fifth Schedule and a warning in the 5 form of Part IV of the Fifth Schedule; or (d) a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part V of the Fifth Schedule; or 10 (e) a warning in the form of Part V of the Fifth Schedule; "specified dealing", in Part II, means-- (a) an instrument of transfer of land in an appropriate approved form; or 15 (b) a conveyance in fee simple of land; or (c) a mortgage in fee simple of land; or (d) a mortgage of the equity of redemption in land; or (e) an assignment of a possessory interest 20 in land (whether or not that land can be lawfully dealt with in accordance with section 8A of the Sale of Land Act 1962 without being subdivided)-- but does not include a reconveyance or a 25 conveyance in the nature of a discharge of mortgage; "subsisting interest", in Part II, in relation to land, means-- (a) an estate or interest in land that was in 30 existence at the date on which a provisional folio or identified folio of the Register was first created for the land under Division 3 of that Part; or 4 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (b) any interest by prescription that was in existence or being acquired at that date.'. (2) In section 4(1) of the Principal Act-- 5 (a) in the definition of "legal practitioner's certificate" for "section 26G" substitute "section 16"; (b) the definition of "limited folio" is repealed; (c) for the definition of "ordinary folio" 10 substitute-- ' "ordinary folio" means a folio of the Register that is not a provisional folio or an identified folio;'; (d) the definition of "qualified folio" is 15 repealed; (e) in the definition of "registered proprietor" after "Register" insert "(other than an identified folio)"; (f) for the definition of "search of title" 20 substitute-- ' "search of title" means a search under section 26J;'. 6. New Part II substituted For Part II of the Principal Act substitute-- 25 'PART II--BRINGING LAND UNDER THE ACT Division 1--General 8. Land granted by Crown to be subject to this Act (1) All unalienated lands of the Crown shall, 30 when alienated in fee or by way of perpetual 5 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. lease or for years, be under the operation of this Act. (2) The Crown grants of that land must be in duplicate and must be delivered to the 5 Registrar. (3) Despite sub-section (2), it is not necessary for a Crown grant in fee to a prescribed authority (within the meaning of section 28) to be in duplicate unless the prescribed 10 authority makes a request to the contrary. 9. Duty of Registrar (1) The Registrar must with all reasonable speed bring under the operation of this Act all land which has been granted by the Crown for an 15 estate in fee simple and is not under the operation of this Act. (2) The Registrar may bring land under the operation of this Act by the creation of an ordinary folio, a provisional folio or an 20 identified folio under this Part. 10. Who may bring land under this Act? (1) Any of the following persons is entitled under this Part to have land brought under this Act-- 25 (a) the person claiming to be the owner of the fee simple either at law or in equity; (b) persons who collectively claim to be the owners of the fee simple either at law or in equity; 30 (c) persons who have the power of appointing or disposing of the fee simple; (d) trustees for the sale of the fee simple, but where any previous consent to their 6 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. selling is requisite the proposal to bring land under this Act must first be consented to by the persons required to give that consent; 5 (e) the guardian of any minor or administrator of any represented person if the guardian or administrator directs that the minor or represented person is to be recorded as the registered 10 proprietor on the relevant folio of the Register; (f) a tenant for life within the meaning of the Settled Land Act 1958, if the tenant for life directs that the trustees of 15 the settlement within the meaning of that Act are to be recorded as registered proprietor on the relevant folio of the Register and the trustees consent to the proposal to bring the land under this 20 Act. (2) Despite sub-section (1)-- (a) a mortgagor is not entitled to apply under section 14, 15 or 23 to bring land under this Act unless the mortgagee 25 consents to the application; and (b) a mortgagee is not entitled to lodge a deed, conveyance or instrument under section 13 or 22 or apply under section 14, 15 or 23 to bring land under this 30 Act unless-- (i) in the case of the exercise of a power of sale, there is a direction that the relevant folio of the Register is to be created in the 35 purchaser's name; and 7 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (ii) in any other case, there is a direction that the relevant folio of the Register is to be created in the mortgagor's name. 5 11. Leased land may be brought under the Act (1) Land leased for a term of years of which at least 10 years are unexpired, or leased for years determinable with a life or lives, may be brought under this Act. 10 (2) The provisions of this Act relating to freehold land extend and apply so far as applicable and with any adaptations that are necessary to the bringing of leasehold land under this Act. 15 (3) Every folio of the Register for leasehold land is subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant on the term. Division 2--On legal practitioner's certificate 20 12. Choice of conversion schemes (1) An entitled person who wishes to have land brought under this Act may use the procedure in any of the conversion schemes under this Division. 25 (2) If a person uses the procedure in one conversion scheme but fails to bring land under this Act this does not stop the person trying to have the land brought under this Act by means of any other conversion 30 scheme or under Division 3. (3) An entitled person may use the procedure in any of the conversion schemes for the creation of an ordinary folio or provisional folio under this Division in respect of land 8 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. even if a provisional folio or identified folio has been created for the land under Division 3 and for that purpose this Division applies as if any reference to the bringing of land 5 under this Act were a reference to the creation of an ordinary folio or provisional folio under this Division. 13. Deed registration conversion scheme (1) An entitled person may lodge with the 10 Registrar a deed, conveyance or instrument affecting land together with a legal practitioner's certificate relating to the title to the land. (2) A person who lodges a legal practitioner's 15 certificate with the Registrar must also lodge with it-- (a) the deeds that relate to the title to the land and that are in the person's possession; and 20 (b) the deeds that relate to the title to the land and that the person may compel another person to produce except-- (i) deeds which are deposited with the Registrar-General under the 25 Property Law Act 1958; and (ii) deeds which are retained by the Registrar under section 26T or any corresponding previous provision; and 30 (c) a search of title. (3) The procedure in this section cannot be used to bring land under this Act if the title to the land is claimed by possession. 9 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (4) If in respect of land the provisions of sub- sections (1) and (2) are complied with, and the deeds lodged show a good root of title which is at least 30 years old, the Registrar 5 may create-- (a) an ordinary folio; or (b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in 10 the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate. (5) A person may withdraw from this conversion scheme at any time before the creation of a 15 folio of the Register. (6) On a withdrawal by a person from a conversion scheme, the Registrar must return to that person or the person appearing to be entitled to them the legal practitioner's 20 certificate and the documents lodged under sub-section (2). 14. Application (non-survey) conversion scheme (1) An entitled person may apply under this 25 section to the Registrar to have the land brought under this Act. (2) An application must be in the prescribed form and the applicant must lodge with the application-- 30 (a) the deeds that relate to the title to the land and that are in the applicant's possession; and (b) the deeds that relate to the title to the land and that the person may compel 35 another person to produce except-- 10 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (i) deeds which are deposited with the Registrar-General under the Property Law Act 1958; and (ii) deeds which are retained by the 5 Registrar under section 26T or any corresponding previous provision; and (c) a search of title; and (d) a legal practitioner's certificate relating 10 to the title to the land. (3) The procedure in this section cannot be used to bring land under this Act if the title to the land is claimed by possession. (4) If in respect of land the provisions of sub- 15 sections (1) and (2) are complied with, and the deeds lodged show a good root of title which is at least 30 years old, the Registrar may create-- (a) an ordinary folio; or 20 (b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the 25 Registrar considers appropriate. (5) An applicant may withdraw an application at any time before the creation of a folio of the Register. (6) On the withdrawal of an application, the 30 Registrar must return to the applicant or to the person appearing to be entitled to them the documents lodged in support of the application. 15. Application (survey) conversion scheme 11 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (1) An entitled person may apply under this section to the Registrar to have the land brought under this Act. (2) An application must be in the prescribed 5 form and the applicant must lodge with the application-- (a) a plan of survey of the land (with an abstract of field records) certified by a licensed surveyor or any other plan, 10 diagram or document describing the land which satisfies the Registrar as to description; and (b) the deeds that relate to the title to the land and that are in the applicant's 15 possession; and (c) the deeds that relate to the title to the land and that the person may compel another person to produce except-- (i) deeds which are deposited with 20 the Registrar-General under the Property Law Act 1958; and (ii) deeds which are retained by the Registrar under section 26T or any corresponding previous provision; 25 and (d) a search of title; and (e) a legal practitioner's certificate relating to the title to the land; and (f) if the applicant's title to the land is 30 claimed by possession, the material on which the legal practitioner's certificate is based. 12 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (3) The Registrar must cause notice of the proposed creation of the folio to be given in accordance with section 26Q. (4) If in respect of land the provisions of sub- 5 section (1) and of sub-section (2)(a), (b), (c), (d) and (e) and of sections 26Q and 26R are complied with and the deeds lodged show a good root of title which is at least 30 years old, the Registrar may create-- 10 (a) an ordinary folio; or (b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth 15 Schedule or both those warnings, as the Registrar considers appropriate. (5) If in respect of a title to land claimed by possession, the provisions of sub-section (1) and sub-section (2)(a), (d), (e) and (f) and of 20 sections 26Q and 26R are complied with, the Registrar may create-- (a) an ordinary folio; or (b) a provisional folio on which there is recorded a warning in the form of Part 25 III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate. (6) An applicant may withdraw an application at 30 any time before the creation of a folio of the Register. (7) On the withdrawal of an application, the Registrar must return to the applicant or to the person appearing to be entitled to them 13 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. the documents lodged in support of the application. 16. Legal practitioner's certificate A legal practitioner's certificate must-- 5 (a) be prepared and signed by a legal practitioner; and (b) be in the appropriate form in Schedule 5A as amended and in force for the time being. 10 17. Act to apply to conversion scheme land The land comprised in a provisional folio created under this Division is subject to any warning recorded on the folio and to any qualifications in any warning recorded on the 15 folio, as if the warning were an encumbrance. 18. Power of Registrar to create folio for conversion scheme land and require assurance contribution 20 (1) The Registrar may in respect of land which is the subject of a conversion scheme-- (a) create an ordinary folio; or (b) create a provisional folio on which the only warning recorded is a warning in 25 the form of Part IV of the Fifth Schedule; or (c) create a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule which 30 mentions-- (i) if there is only one qualification in the legal practitioner's certificate 14 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. relating to the title to the land, that qualification; or (ii) if there is more than one qualification mentioned in the 5 legal practitioner's certificate relating to the title to the land, one or more but not all of those qualifications; or (d) create a provisional folio on which 10 there is recorded a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part III of the Fifth Schedule which mentions-- (i) if there is only one qualification in 15 the legal practitioner's certificate relating to the title to the land, that qualification; or (ii) if there is more than one qualification mentioned in the 20 legal practitioner's certificate relating to the title to the land, one or more but not all of those qualifications-- and may require the payment of an assurance 25 contribution. (2) This section does not limit section 108(3). 19. In whose name title to issue (1) A folio created under a conversion scheme is to be in the name of-- 30 (a) the person who in accordance with the documents lodged is entitled to be registered as proprietor of the fee of the land; or 15 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (b) if conversion is based on the delivery of a document which is a conveyance of the land by way of mortgage, the person who in accordance with the 5 documents lodged is entitled to be registered as proprietor of the equity of redemption; or (c) if a person mentioned in paragraph (a) or (b) directs the folio to be created in 10 the name of another person, that other person. (2) If before a folio of the Register is created under a conversion scheme, the person who is to be recorded as registered proprietor on 15 the folio dies, the folio is to be created recording as registered proprietor the dead person and the land is to pass as if the folio had been created before the person died. 20. Removal of warning relating to subsisting 20 interests (1) On the creation of an ordinary folio or provisional folio under this Division in respect of land for which a provisional folio was created under Division 3, the Registrar 25 must delete the warning in the form of Part V of the Fifth Schedule from the folio and make any necessary amendments to the Register. (2) On the deletion of the warning from the folio 30 under sub-section (1), the land in the folio ceases to be subject to the subsisting interests referred to in that warning. 21. Removal of warnings relating to title 16 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (1) Land in a provisional folio created under this Division ceases to be subject to the qualifications stated in the legal practitioner's certificate and recorded on the provisional 5 folio at the end of 15 years from the date of creation of the provisional folio. (2) When registering a dealing that relates to a provisional folio created under this Division, the Registrar may delete the warning from 10 the folio if satisfied that the land has ceased under sub-section (1) to be subject to the qualifications in the legal practitioner's certificate. Division 3--Without legal practitioner's 15 certificate 22. Lodgment of specified dealing (1) An entitled person may lodge with the Registrar a specified dealing relating to the land. 20 (2) The person who lodges the specified dealing must lodge-- (a) the deed or instrument of transfer, conveyance, mortgage or assignment of possessory interests that comprises the 25 specified dealing; and (b) the last deed or other instrument which indicates the person's entitlement to deal with the land; and (c) a search of title relating to the land. 30 (3) An applicant may withdraw the specified dealing at any time before the creation of a folio of the Register. 17 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (4) On the withdrawal of the specified dealing, the Registrar must return to that person or to the person appearing to be entitled to them the documents lodged under sub-section (2). 5 (5) For the purposes of any regulations under section 120(2)(b), an instrument of conveyance of the fee simple in land lodged under this section is deemed to be an instrument of transfer of the land. 10 23. Application for creation of provisional folio (1) An entitled person may apply under this section to the Registrar to have land brought under this Act by the creation of a provisional folio. 15 (2) An application cannot be made under this section if the entitled person could lodge a specified dealing in respect of the land under section 22. (3) An application must be in the prescribed 20 form. (4) Except as provided in sub-section (5), the applicant must lodge with the application-- (a) if there has been a dealing in the land by the applicant the deed, instrument or 25 document that comprises the dealing; and (b) if the person's entitlement to deal with the land arises from a conveyance or mortgage, the last deed or other 30 instrument which indicates that person's entitlement to deal with the land; and (c) if the person's entitlement to deal with the land arises from an assignment of possessory interests, evidence to the 35 satisfaction of the Registrar of the 18 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. person's entitlement to deal with the land; and (d) a search of title relating to the land. (5) If the application relates to the vesting in fee 5 simple of land in any person or body by order of a court or by or under an Act, the applicant must lodge with the application such information as the Registrar reasonably requires for the creation of the folio. 10 (6) An applicant may withdraw the application at any time before the creation of a folio of the Register. (7) On the withdrawal of the application, the Registrar must return to that person or to the 15 person appearing to be entitled to them the documents lodged under sub-section (2). 24. Creation of provisional folio If section 22 or 23 is complied with and the Registrar is satisfied that there is sufficient 20 information available to identify the land and the applicant's interest in the land, the Registrar may create a provisional folio for the land. 25. Warning as to subsisting interests 25 (1) The Registrar must record on a provisional folio created under this Division a warning in the form of Part V of the Fifth Schedule. (2) The land comprised in a provisional folio created under this Division is subject to any 30 subsisting interests. (3) Nothing in sub-section (2) affects the operation of section 42(2). (4) Section 43 does not operate to defeat any claim based on a subsisting interest affecting 19 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. the land in a provisional folio created under this Division. 26. Warning as to title dimensions (1) The Registrar may record on a provisional 5 folio created under this Division a warning in the form of Part IV of the Fifth Schedule. (2) The land comprised in a provisional folio created under this Division on which there is recorded a warning in the form of Part IV of 10 the Fifth Schedule is subject to that warning as if that warning were an encumbrance. 26A. In whose name provisional folio created (1) A provisional folio under this Division is to be created in the name of-- 15 (a) the person who in accordance with the documents is entitled to be registered as proprietor of the fee of the land; or (b) if the creation of the folio is based on the delivery of a document which is a 20 conveyance of the land by way of mortgage, the person who in accordance with the documents lodged is entitled to be registered as proprietor of the equity of redemption; or 25 (c) if a person mentioned in paragraph (a) or (b) directs the folio to be created in the name of another person, that other person. (2) If before a provisional folio of the Register is 30 created under this Division, the person who is to be recorded as registered proprietor on the folio dies, the folio is to be created recording as registered proprietor the dead person and the land is to pass as if the folio 35 had been created before the person died. 20 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. 26B. Lodgment of competing interest (1) If a provisional folio has been created under this Division in respect of land and a person other than the registered proprietor or a 5 person claiming through the registered proprietor purports to lodge a specified dealing in respect of the land or any part of the land, the Registrar may refuse to register the specified dealing unless the Court 10 declares otherwise. (2) The Registrar must give the person who purports to lodge the specified dealing notice of the existence of the provisional folio for the land. 15 (3) The person given notice under sub-section (2) may apply to the Court for a declaration that the land described in the provisional folio is subject to the specified dealing. (4) The Registrar must give effect to a 20 declaration of the Court under this section. 26C. Removal of warning as to subsisting interests--general (1) Land in a provisional folio created under this Division (other than a folio created in respect 25 of a possessory interest) ceases to be subject to the subsisting interests referred to in the warning in the form of Part V of the Fifth Schedule recorded on the folio at the end of 15 years from the date of creation of the 30 provisional folio. (2) When registering a dealing that relates to a provisional folio created under this Division the Registrar may delete the warning in the form of Part V of the Fifth Schedule from the 35 folio if satisfied that the land has ceased 21 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. under sub-section (1) to be subject to subsisting interests. 26D. Removal of warning as to subsisting interests--possessory interests 5 (1) If a provisional folio has been created under this Division in respect of a possessory interest, the Registrar, on the application of a person interested, must at or after the end of 15 years after the creation of the folio cause 10 notice of the Registrar's intention to delete the warning in the form of Part V of the Fifth Schedule recorded on the folio to be given in accordance with section 26Q. (2) If the Registrar is satisfied that sections 26Q 15 and 26R have been complied with and that the warning can be deleted, the Registrar may delete the warning from the folio and make any necessary amendments to the Register. 20 (3) On the deletion of the warning from the folio under sub-section (2), the land in the folio ceases to be subject to the subsisting interests referred to in that warning. 26E. Creation of identified folio 25 (1) The Registrar may create an identified folio of the Register for land not under the operation of this Act-- (a) if the Registrar is directed, required or permitted by or under an Act to make a 30 recording in or amendment to the Register in respect of a dealing with or interest in that land (other than a specified dealing) and the Registrar does not consider it appropriate to 22 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. create a provisional folio or ordinary folio under this Part for that land; or (b) if a person lodges with the Registrar an instrument or document showing 5 evidence of that person's interest in that land (other than an instrument or document showing evidence of a specified dealing in the land); or (c) otherwise if sufficient information is 10 available to the Registrar to properly identify the land. (2) The Registrar must not create an identified folio unless the Registrar is satisfied that sufficient information is available to the 15 Registrar to properly identify the land. (3) This section does not apply to unalienated land of the Crown. (4) In this section-- "interest" includes a judgment, decree, 20 order or process of execution of a court; "specified dealing" includes a vesting in fee simple of land in any person or body by order of a court or by or under an Act. 26F. Recording of interests on identified folio 25 (1) Any person with or claiming an interest in land described in an identified folio may lodge with the Registrar a notice in an appropriate approved form together with an instrument or document showing evidence of 30 that person's interest in that land (other than a specified dealing in the land). (2) The Registrar may record on an identified folio for land-- 23 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (a) an interest in that land for which evidence is given under sub-section (1); or (b) any matter, notice or document relating 5 to that land (other than a specified dealing) in respect of which the Registrar is directed, required or permitted by or under an Act to make a recording in or amendment to the 10 Register. (3) In this section-- "interest" includes a judgment, decree, order or process of execution of a court; "specified dealing" includes a vesting in fee 15 simple of land in any person or body by order of a court or by or under an Act. 26G. Effect of recording of interest on identified folio (1) The recording of an interest in land on an 20 identified folio under section 26F(2)(a) must not be taken to create, pass or confirm that interest or to make any person the registered proprietor under this Act of that interest. (2) Section 40 does not apply in respect of an 25 interest in land recorded on an identified folio. (3) Section 89 does not apply in respect of land in an identified folio. 26H. Interests in identified folio subject to 30 subsisting interests (1) An interest in land recorded on an identified folio is subject to all subsisting interests 24 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. existing at the time the interest is recorded on the folio. (2) Nothing in sub-section (1) affects the operation of section 42(2). 5 (3) Section 43 does not operate to defeat any claim based on an interest in land recorded in an identified folio or a subsisting interest affecting that land. 26I. Priority of interests 10 Despite anything to the contrary in this Act, the priority of any interest in land recorded on a folio created under this Division in relation to any subsisting interest must be determined as if-- 15 (a) the land were not under the operation of this Act; and (b) the interest could have been registered under section 6 of the Property Law Act 1958 at the time that it was 20 recorded on the folio and was so registered. Division 4--General provisions applying to conversion under this Part 26J. Search of title 25 A search of title-- (a) must set out in the prescribed form the results of searches relating to the title to the land; and (b) must be prepared and signed in 30 accordance with the regulations. 26K. Warnings on provisional folios 25 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (1) Section 106(c) does not apply to a warning recorded on a provisional folio created under Division 2 or 3. (2) If by a wrong description of parcels or of 5 boundaries land is incorrectly included in a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule, section 42 does not operate to defeat any estate or interest in the land 10 adverse to or in derogation of the title of the registered proprietor and not recorded on the provisional folio, whether or not the registered proprietor is a purchaser or mortgagee of that land for value or derives 15 title from such a purchaser or mortgagee. 26L. Land in a provisional folio cannot be subdivided or consolidated (1) Despite anything to the contrary in any other Act, land in a provisional folio cannot be 20 subdivided or consolidated with other land while it remains in that folio. (2) Sub-section (1) does not apply to land in a provisional folio which contains only a warning in the form of Part IV of the Fifth 25 Schedule. (3) Nothing in sub-section (1) prevents the compulsory acquisition of the land or part of the land in a provisional folio or affects the operation of section 35 of the Subdivision 30 Act 1988. 26M. Mortgages (1) If land is brought under this Act by the creation of an ordinary folio or provisional folio under Division 2 or 3 and the creation 26 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. of that folio is based on the delivery of a document which is a conveyance of the land by way of mortgage, the mortgage is deemed to be a mortgage registered under section 74. 5 (2) Any second or subsequent conveyance by way of mortgage under the general law of the land in the ordinary folio or provisional folio is deemed to be a second or subsequent mortgage registered under section 74. 10 (3) If a second or subsequent mortgage under the general law was registered under the Property Law Act 1958 before the creation of the ordinary folio or provisional folio and a first or legal mortgage of the land which 15 was not registered under the Property Law Act 1958 is deemed under sub-section (1) to be registered under this Act, the registered proprietors of the mortgages may apply jointly to the Registrar for the variation of 20 the priority of the mortgages. (4) If an application is made under sub-section (3), the Registrar may vary the priority of the mortgages between or amongst themselves, on the creation of the ordinary folio or 25 provisional folio. 26N. Notice of creation of ordinary folio or provisional folio for land in identified folio (1) Before a provisional folio or an ordinary folio is created under this Part for land in an 30 identified folio, the person seeking the creation of the folio may apply to the Registrar in the appropriate approved form for the giving of a notice under sub-section (3) to a person claiming an interest recorded 35 on the identified folio. (2) An application under this section must-- 27 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (a) specify the land and the interest in the land in respect of which the application is made; and (b) be supported by a certificate signed by 5 a legal practitioner to the effect that the person claiming the interest recorded on the identified folio does not have the interest claimed. (3) On receiving an application and certificate 10 under this section and on being satisfied that the applicant has an interest in the land in respect of which the application is made, the Registrar must give notice to the person claiming the interest recorded on the 15 identified folio. (4) The notice must state to the effect that the recording of that interest will be deleted from the identified folio on a day specified in the notice unless before that time-- 20 (a) the application is abandoned by notice in writing given to the Registrar by or on behalf of the applicant; or (b) notice in writing is given to the Registrar that proceedings in a court of 25 competent jurisdiction to substantiate the claim of the person claiming the interest recorded on the identified folio have commenced. (5) The Registrar must not cause a day to be 30 specified in the notice that is less than 35 days after the day on which the notice is served, or if the notice is sent by post, the day on which it is introduced into the course of the post. 28 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (6) On the specified day, the Registrar must make all necessary amendments to the Register to delete the recording of the interest in respect of which the application is 5 made unless-- (a) the application has been abandoned in accordance with sub-section (4); or (b) written notice has been given to the Registrar in accordance with sub- 10 section (4) that proceedings have commenced. (7) An application under this section may be abandoned either wholly or as to part of the land or the interest in the land in respect of 15 which it is made either before or after the notice is given under sub-section (3), but, if notice has been given, only with the consent of the person claiming the interest or the agent of that person. 20 (8) If in proceedings of which notice is given to the Registrar in accordance with sub-section (4), the interest of the person bringing the proceedings is not substantiated to the satisfaction of the Court-- 25 (a) the Court may make any order in relation to the recording of the interest as the Court thinks fit; and (b) the Registrar must give effect to that order. 30 (9) If there is served on the Registrar a copy of any notice or an office copy of any order of the Court disclosing that proceedings of which notice was given in accordance with sub-section (4) have been discontinued, 35 withdrawn or struck out or evidence to the 29 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. satisfaction of the Registrar that those proceedings have been dismissed, the Registrar may make all necessary amendments to the Register to delete the 5 recording of the interest in respect of which the proceedings were commenced. (10) This section does not apply to any interest in land created by another Act. 26O. Notice of creation of folio under Division 2 10 for land in provisional folio created under Division 3 (1) If a folio of the Register is to be created under a conversion scheme under Division 2 in relation to land for which a provisional 15 folio has been created under Division 3, the Registrar must give notice of the proposed creation of a folio under that Division to the registered proprietor of that provisional folio in accordance with section 26Q. 20 (2) The Registrar is not required to give notice under sub-section (1) if the registered proprietor of the new folio is the same as the registered proprietor of the folio created under Division 3. 25 26P. Removal of warning relating to title dimensions (1) The registered proprietor of the land in a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth 30 Schedule may apply to the Registrar in the prescribed form to have the warning deleted from the folio. (2) An application under sub-section (1) must be lodged with a plan of survey of the land 30 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (with an abstract of field records) certified by a licensed surveyor. (3) If the Registrar is satisfied that the land in the plan of survey represents the land 5 actually and bona fide occupied by the applicant and purporting to be so occupied under the provisional folio, the Registrar may delete the warning from the folio and make any necessary amendments to the 10 Register. (4) This section does not prevent an applicant under sub-section (1) from including in the application by separate definition in the plan of survey lodged with the application such 15 additional land as the applicant claims by possession or otherwise. (5) If an application includes additional land in accordance with sub-section (4), the Registrar must cause notice of the proposed 20 creation of the folio to be given in accordance with section 26Q. (6) In addition to the requirements of sections 26Q and 26R, the provisions of this Act relating to the granting of vesting orders by 25 the Registrar as are appropriate to land which is, and land which is not under the operation of this Act, apply to the land included in the application. (7) This section does not limit section 106(e). 30 (8) Section 102 applies to an application under this section as if it referred to an application under this section instead of an application to bring land under this Act. 26Q. Notice of creation of folio or removal of 35 warning 31 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (1) The Registrar must cause the notice required to be given to a person under section 15, 26D or 26P in respect of land to be given-- (a) by publication at least once in a 5 newspaper circulating in the city of Melbourne or in the district in which the land is situate; and (b) personally or by post-- (i) to the occupiers of the land and to 10 the owners and occupiers of contiguous land; and (ii) to such other persons (if any) as the Registrar thinks fit. (2) The Registrar must cause the notice required 15 to be given under section 26O to be given personally or by post to the registered proprietor of the land in the provisional folio. (3) If the folio to be created or the folio from which the warning is to be removed is or was 20 created on the basis of a claim by possession, the Registrar, in addition to the notice under sub-section (1), must cause the person who is or is to be the registered proprietor of the land in the folio to be created or from which 25 the warning is to be removed-- (a) to post a notice of the proposal in an appropriate approved form on the land or at a place the Registrar directs; and (b) to keep the notice so posted for not less 30 than 21 days prior to the creation of the folio or the removal of the warning. (4) A notice under this section must specify a time (being not less than 14 days) after the expiration of which the Registrar may, 35 unless a caveat is lodged forbidding that 32 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. action, create the relevant folio of the Register for the land or remove the warning from the folio. 26R. Caveats 5 (1) Any person claiming an estate or interest in the land for which notice is required to be given in accordance with section 26Q(1) may, before the creation of the folio for the land or the removal of the warning, lodge a 10 caveat with the Registrar in an appropriate approved form forbidding the creation of the folio or the removal of the warning. (2) The registered proprietor of land to whom notice is required to be given in accordance 15 with section 26Q(2) may, before the creation of the new folio for the land, lodge a caveat with the Registrar in an appropriate approved form forbidding the creation of the folio. (3) On the lodgment of a caveat under this 20 section, the Registrar-- (a) must notify the person who is to be the registered proprietor of the folio which is to be created or the registered proprietor of the folio from which the 25 warning is to be removed, of the caveat; and (b) must not proceed with the creation of the folio or the removal of the warning until-- 30 (i) the caveat has been withdrawn or has lapsed; or (ii) a judgment or order in the matter has been obtained from the Court. (4) The person notified under sub-section (3)(a) 35 may summon the caveator to attend before 33 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. the Court to show cause why the caveat should not be removed. (5) The Court may make any order in the matter either ex parte or otherwise and as to costs as 5 the Court thinks fit. (6) A caveat under this section is deemed to lapse after the expiration of 30 days from the lodgment of the caveat unless the caveator has within that time-- 10 (a) commenced proceedings in a court of competent jurisdiction to establish the caveator's title to the estate or interest specified in the caveat and given written notice of those proceedings to 15 the Registrar; or (b) obtained and served on the Registrar an injunction or order of the Court restraining the Registrar from creating the folio or removing the warning. 20 (7) A caveat must not be renewed by or on behalf of the same person in respect of the same estate or interest. (8) If an application has been withdrawn under section 15 and a caveator has been put to 25 expense without sufficient cause by reason of the application, the caveator is entitled to receive from the applicant any compensation that the Court considers just and orders. 26S. Registrar's discretions 30 (1) The Registrar may-- (a) refuse to bring land under this Act by means of a conversion scheme in Division 2 if in the Registrar's opinion-- 34 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (i) the documents lodged under the conversion scheme are unsatisfactory or incomplete; or (ii) the information in a document 5 lodged under the scheme conflicts with the information in records kept in the office of the Registrar- General or in the Office of Titles; or 10 (iii) insufficient information has been supplied to enable the Registrar to create a folio of the Register under Division 2; or (iv) because of the time involved in 15 processing and checking documents or for any other reason it is not convenient to bring the land under this Act by using a conversion scheme under 20 Division 2; (b) create a provisional folio or identified folio under Division 3 if-- (i) a conversion scheme under Division 2 has been used in 25 respect of the land and the Registrar is satisfied that an ordinary folio or provisional folio should not be created under Division 2 for the reasons set out 30 in paragraph (a); or (ii) in any other case, the Registrar considers it appropriate to do so; (c) create an identified folio under Division 3 for land if the Registrar is not 35 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. satisfied that a provisional folio should be created under that Division; (d) create an identified folio for land not under the operation of this Act which 5 the Registrar can identify from the records held in the Office of Titles or in the office of the Registrar-General; (e) create a new identified folio for land or part of the land in an existing identified 10 folio or provisional folio; (f) refuse to create any folio of the Register for land if a folio of the Register has already been created for that land; 15 (g) refuse to create any folio for the land if the land is not able to be identified; (h) amend an identified folio or provisional folio created under Division 3 to record such particulars as the Registrar thinks 20 fit of any encumbrance or other estate or interest which the Registrar is satisfied affects the land; (i) cancel a provisional folio created under Division 3, if an ordinary folio or a 25 provisional folio under Division 2 is created for the land; (j) cancel a provisional folio created under Division 2, if an ordinary folio is created for the land; 30 (k) cancel an identified folio if an ordinary folio or provisional folio is created for the land. (2) If the Registrar refuses to bring land under this Act by means of a conversion scheme 35 under Division 2, the Registrar must give 36 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. notice of the refusal and the reasons for it to the person who lodged the legal practitioner's certificate relating to the title of the land. 5 (3) If the Registrar refuses to bring land under this Act by the creation of a provisional folio under Division 3, the Registrar must give notice of the refusal and the reasons for it to the person who lodged the specified dealing 10 or application relating to the land. (4) Section 116 does not apply to the Registrar's refusal to bring land under this Act under Division 2. (5) The Registrar is not to be treated as having 15 notice of the contents of a document merely because the document was lodged with or produced to the Registrar under this Part or deposited with the Registrar-General. (6) If documents are lodged with the Registrar 20 under this Part, the Registrar is not required to examine any document lodged with, or referred to in, the legal practitioner's certificate or produced to the Registrar or deposited with the Registrar-General, before 25 bringing the land concerned under the operation of this Act. (7) The refusal of the Registrar to bring land under this Act by a conversion scheme under Division 2 does not prevent the Registrar 30 from bringing the land under this Act under Division 3. 26T. Documents lodged in support of application (1) The Registrar must retain documents which have been lodged under this Part unless the 35 Registrar returns a document in accordance 37 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. with sub-section (2) or (3) or another provision of this Part. (2) The Registrar must on request return to the person who lodged it or appears to be 5 entitled to it any document which has been lodged under this Part and which-- (a) relates to land which is brought under this Act and is a subsisting lease, mortgage or charge; or 10 (b) relates to land which is not brought under the operation of this Act and-- (i) is a subsisting lease, mortgage or charge; or (ii) is the last deed which constitutes, 15 or are the last deeds which together constitute, the fee or equity of redemption. (3) The Registrar may-- (a) on request return to the person who 20 lodged it or appears to be entitled to it any document which has been lodged under this Part and which the Registrar is not required to return under sub- section (2); and 25 (b) impose conditions or requirements in relation to the return of that document. (4) Before returning a document under sub- section (2) or (3) the Registrar must take a copy or require a copy to be taken of the 30 document and must retain that copy with other documents lodged under the conversion scheme. (5) No action shall be brought on-- 38 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (a) any covenant or agreement for the production of any documents retained under this section; or (b) any agreement to give or enter into a 5 covenant for the production of any documents retained under this section. (6) If any action referred to in sub-section (5) is commenced it is a sufficient answer to that action that the documents are retained under 10 this Act. 26U. Notice of creation of folio If the Registrar considers it appropriate to do so, the Registrar must give notice of the creation of an ordinary folio or provisional 15 folio of the Register under this Part-- (a) to every person having any estate or interest evidenced by any recording on the folio; and (b) to any other persons that the Registrar 20 thinks fit. 26V. Recording of instruments affecting land (1) The Registrar may make a recording in the Register of an instrument which affects land brought under this Act under this Part even 25 though the instrument is not in the appropriate approved or prescribed form if-- (a) the instrument is dated before or not later than 6 months after the date of creation of the first folio of the Register 30 to the land; and (b) the instrument is in a form which complies with the requirements which applied to the registration of instruments under section 6 of the 39 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. Property Law Act 1958 as in force immediately before the commencement of section 22 of the Transfer of Land (Single Register) Act 1998. 5 (2) If-- (a) an instrument of transfer or mortgage in an appropriate approved form is lodged with the Registrar for recording under this Act-- 10 (i) together with a legal practitioner's certificate relating to the title to the land; or (ii) after a legal practitioner's certificate relating to the title to 15 the land has been lodged with the Registrar; or (iii) as a specified dealing under Division 3; or (iv) after a specified dealing in relation 20 to the land has been lodged under Division 3; and (b) the Registrar refuses to bring the land under this Act otherwise than by the creation of an identified folio-- 25 the instrument-- (c) is deemed to be a deed; and (d) operates as a conveyance of the fee or equity of redemption (as the case requires); and 30 (e) in all other respects has effect as a conveyance or mortgage under the general law. (3) If-- 40 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 6 Act No. (a) an instrument of mortgage in an appropriate approved form is entered into in anticipation of the lodging under Division 2 of a legal practitioner's 5 certificate relating to the title to the land; and (b) either-- (i) the legal practitioner's certificate is not so lodged; or 10 (ii) the Registrar refuses to accept the legal practitioner's certificate for lodgment under Division 2-- the instrument-- (c) is deemed to be a deed; and 15 (d) operates as a conveyance of the fee or equity of redemption (as the case requires); and (e) in all other respects has effect as a mortgage under the general law. 20 (4) It is not necessary for any person to enquire whether a mortgage was entered into in an appropriate approved form in anticipation of the lodging of a legal practitioner's certificate under Division 2. 25 (5) In this section "specified dealing" does not include an assignment of possessory rights. 26W. Requirement to Registrar to bring land under this Act If under any Act, whether enacted before or 30 after the Transfer of Land (Single Register) Act 1998, the Registrar is required to make any amendments or recordings in the Register in respect of land and the land is not under the operation of this Act and is not 41 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 7 9 Act No. unalienated Crown land, that requirement is to be read and construed as including a requirement to bring the land under the operation of this Act.'. 5 7. Register of land (1) For section 27(7)(b) of the Principal Act substitute-- "(b) except in the case of an identified folio, a description of the proprietor for the time 10 being of the land for which it was created;". (2) After section 27(7) of the Principal Act insert-- "(7A) The Registrar must not include a description of the proprietor for the time being of the land when an identified folio is created.". 15 8. Certificates of title After section 27B(12) of the Principal Act insert-- "(13) Despite anything to the contrary in this section, the Registrar must not produce a 20 certificate of title for an identified folio.". 9. Execution In section 52(1) of the Principal Act after "Division" insert "or Division 3 of Part II". 10. Claim for title by possession 25 In section 60(1) of the Principal Act after "surveyor" insert "or any other plan, diagram or document describing the land which satisfies the Registrar as to description". 11. Caveats 30 (1) In section 61(2) of the Principal Act for "against bringing land under the operation of this Act" 42 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 14 Act No. substitute "under section 26R against the creation of a folio". (2) In section 73(4) of the Principal Act for "against bringing land under the operation of this Act" 5 substitute "under section 26R against the creation of a folio. (3) In section 100 of the Principal Act for "against bringing land under the operation of this Act" substitute "under section 26R against the creation 10 of a folio.". 12. Notification of easements in Register In section 72 of the Principal Act, after sub- section (2A) insert-- "(2B) The Registrar may accept a legal 15 practitioner's certificate as evidence of the creation of an easement over or upon or appurtenant to any land under this Act.". 13. Repeal of section 80 Section 80 of the Principal Act is repealed. 20 14. Removal of caveat In section 89A(7)(b) of the Principal Act after "struck out" insert "or evidence to the satisfaction of the Registrar that those proceedings have been dismissed". 25 15. Fees to be paid under the Act Section 108(4) of the Principal Act is repealed. 16. Entitlement to indemnity In section 110(1)(a) of the Principal Act after "Act" insert "under Division 2 of Part II or by the 43 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Act No. creation of a provisional folio under Division 3 of Part II". 17. Service of notices In section 113 of the Principal Act, after sub- 5 section (6) insert-- "(6A) The Registrar must on request in an appropriate approved form made by any person who lodged under section 26F(1) notice of an interest in land, amend or alter 10 the address appointed in the notice at which notices may be served.". 18. New Part VII inserted After Part VI of the Principal Act insert-- "PART VII--TRANSITIONAL 15 123. Mortgages under general law deemed to be mortgages under this Act On the commencement of section 6 of the Transfer of Land (Single Register) Act 1998, any legal mortgage under the general 20 law which is existing at that commencement and which is recorded as an encumbrance on a folio of the Register, is deemed to be a mortgage registered under section 74. 124. Limited folios and qualified folios 25 (1) On the commencement of section 6 of the Transfer of Land (Single Register) Act 1998, each limited folio existing under Part II immediately before that commencement is deemed to be a provisional folio created 30 under Division 3 of Part II on that commencement. (2) On the commencement of section 6 of the Transfer of Land (Single Register) Act 44 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 18 19 Act No. 1998, each qualified folio existing under Part II immediately before that commencement is deemed to be a provisional folio created under Division 2 of 5 Part II on that commencement. 125. Search of title On and from the commencement of section 6 of the Transfer of Land (Single Register) Act 1998, a search of title carried out in 10 accordance with section 26F of this Act as in force immediately before that commencement is deemed to be a search of title carried out in accordance with section 26J of this Act as amended by the Transfer 15 of Land (Single Register) Act 1998. 126. Reconstruction of references to Registrar- General On and from the commencement of section 6 of the Transfer of Land (Single Register) 20 Act 1998 a provision of any Act requiring the Registrar-General to make any amendment to the records of enrolment of any Crown Grant or to any memorial relating to land (however described) is to be read and 25 construed as a direction to the Registrar to bring the land (other than unalienated Crown land) under the operation of this Act and to make the appropriate recordings in the Register.". 30 19. Amendment of Fifth Schedule (1) In Parts III and IV of the Fifth Schedule to the Principal Act for "QUALIFIED FOLIO" substitute "PROVISIONAL FOLIO". (2) After Part IV of the Fifth Schedule to the 35 Principal Act insert-- 45 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Act No. "PART V--PROVISIONAL FOLIO Warning as to subsisting interests This title is based on General Law documents which have not been investigated by the 5 Registrar of Titles. Subsisting interests under the General Law may affect this title.". 20. Amendment of Schedule 5A In the Schedule to Part 2 of Schedule 5A of the Principal Act, after item 4 insert-- 10 "5. Qualifications: (Here specify any qualifications the solicitor has with respect to the title. A reference to title acquired by possession for more than 15 years but less than 30 years should be 15 included. A reference to any other defects in title should also be included eg. missing deeds, or as the case may be.).". _______________ 46 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 21 Act No. PART 3--AMENDMENTS TO PROPERTY LAW ACT 21. Principal Act No. 6344. In this Part the Property Law Act 1958 is called Reprint No. 9 the Principal Act. as at 8 August 1997. Further amended by Nos 83/1996 and 84/1996. 5 22. Registration of instruments (1) Sections 4, 5(1) and (3), 7 to 12 and 13(c) of the Principal Act are repealed. (2) At the end of section 6 of the Principal Act insert-- 10 "(2) Despite sub-section (1), no deed conveyance or other instrument may be registered in the office of the Registrar-General under that sub-section on and from the commencement of section 6 of the Transfer of Land (Single 15 Register) Act 1998.". 23. Vesting orders Section 22(1) of the Principal Act is repealed. _______________ 47 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 s. 24 Act No. PART 4--AMENDMENTS TO OTHER ACTS 24. Consequential amendments On the coming into operation of this section, the Act specified in the heading to an item in the 5 Schedule is amended as set out in that item. __________________ 48 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. SCHEDULE 1. Aboriginal Lands Act 1991 In section 8, sub-sections (2) and (3) are repealed. 2. Albury-Wodonga Agreement Act 1973 5 2.1 In section 15A(3)-- (a) in paragraph (b) after "transfer" insert "or conveyance"; (b) in paragraph (c) omit "upon the registration under Part 1 of the Property Law Act 1958 of a 10 conveyance containing the covenant or"; (c) paragraph (e) is repealed; (d) in paragraph (f) omit "the land burdened by the covenant is under the operation of the Transfer of Land Act 1958 and". 15 2.2 After section 15A(7) insert-- "(8) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant entered into under this section and 20 registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.". 3. Alcoa (Portland Aluminium Smelter) Act 1980 In section 11, sub-section (2) is repealed. 25 4. Anglican Welfare Agency Act 1997 In section 14, sub-section (2) is repealed. 5. Associations Incorporation Act 1981 In section 9 for sub-section (3) substitute-- "(3) If-- 30 (a) land that is not under the Transfer of Land Act 1958 vests in an incorporated association by reason of the operation of section 8(1) of this Act; and 49 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. (b) the person who, immediately before the land so vested, held the land has not executed a conveyance of that land to the incorporated association-- 5 the incorporated association may make an application under Part II of the Transfer of Land Act 1958 to bring the land under that Act by the creation of a folio of the Register in respect of the land and that Part applies to an application under that Part except to the 10 extent that this section provides for matters in that Part.". 6. Building Act 1993 6.1 In section 3, in the definition of "owner"-- (a) in paragraph (a) after "1958" insert "(other than land 15 in an identified folio under that Act)"; (b) in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land". 6.2 In section 165(1) for paragraphs (b) and (c) substitute-- 20 "(b) apply in a form approved by the Registrar of Titles to have a recording of the agreement or the variation or termination of the agreement made in the Register.". 6.3 In section 165(3) omit "or registered under the Property Law Act 1958". 25 6.4 After section 165(3) insert-- "(4) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement entered into under section 30 163 or 164 and registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.". 7. Casino Control Act 1991 In section 128R, sub-section (1) is repealed. 35 8. Catchment and Land Protection Act 1994 In section 3, in the definition of "land owner" for paragraphs (b) and (c) substitute-- 50 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. "(b) the owner in fee simple of land alienated by the Crown and-- (i) in an identified folio under the Transfer of Land Act 1958; or 5 (ii) not under the Transfer of Land Act 1958-- and not mortgaged; or (c) a person who has the equity of redemption in land alienated by the Crown and mortgaged and-- (i) in an identified folio under the Transfer of 10 Land Act 1958; or (ii) not under the Transfer of Land Act 1958; or". 9. Cemeteries Act 1958 For section 59 substitute-- "59. Registrar of Titles to amend Register 15 The Registrar of Titles, on receipt of a notice from the Minister that land has been purchased in accordance with this Act, must make any recordings in or amendments to the Register that are necessary for the purposes of this Act and the holder of any relevant 20 certificate of title must if requested to do so deliver it to the Registrar of Titles.". 10. Chinatown Historic Precinct Act 1984 In section 15-- (a) in sub-section (10) for "the Registrar-General or the 25 Registrar of Titles or both (as the case requires)" substitute "the Registrar of Titles"; (b) sub-section (11) is repealed. 11. Confiscation Act 1997 In section 42, sub-section (2) is repealed. 30 12. Conservation, Forests and Lands Act 1987 12.1 In section 3, in the definition of "land owner"-- (a) in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)"; (b) in paragraph (b) after "and is" insert "land in an 35 identified folio under the Transfer of Land Act 1958 or land". 51 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. 12.2 In section 72, for sub-section (1) substitute-- "(1) If an agreement in respect of land other than vested land is expressed to be binding on a land owner's successors in title, the Director-General must as soon 5 as practicable after entering into the agreement apply in writing to the Registrar of Titles to have a recording of the agreement made in the Register and on receiving that application, the Registrar of Titles must make that recording in the Register.". 10 12.3 In section 72(2) for "registration of the memorial of the agreement or recording of the agreement in the Register (as the case requires)" substitute "the recording of the agreement in the Register". 12.4 In section 72, for sub-section (3) substitute-- 15 "(3) If an agreement relating to land other than vested land is varied or terminated under this Part, the Director- General must as soon as practicable apply in writing to the Registrar of Titles to make any amendments to or recordings in the Register that are necessary 20 because of the variation or termination of the agreement and on receiving that application, the Registrar of Titles must make the necessary amendments or recordings in the Register.". 12.5 In section 72, sub-section (6) is repealed. 25 12.6 In section 72(7) after "amendments" insert "or recordings". 12.7 At the end of section 72 insert-- "(9) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of an 30 agreement registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.". 12.8 In section 79, for sub-section (2) substitute-- "(2) Land is so charged when the Director-General 35 deposits with the Registrar of Titles a certificate under seal describing the land to be charged and stating the amount of the charge.". 12.9 In section 79, sub-section (3) is repealed. 12.10 In section 79, for sub-section (6) substitute-- 52 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. "(6) When an amount due is paid or recovered the Registrar of Titles must, if so required by the Director-General, delete the recording of the charge from the Register or make a recording in the Register 5 of the payment or recovery of the charge.". 12.11 In section 79(7) omit "under the Transfer of Land Act 1958 or the Property Law Act 1958, as the case requires". 12.12 After section 79(8) insert-- "(8A) If the land to be sold is not under the Transfer of 10 Land Act 1958, it must be brought under that Act before it is sold.". 12.13 In section 79(9) for "If the land charged is under the Transfer of Land Act 1958, section 77 of that Act" substitute "Section 77 of the Transfer of Land Act 1958". 15 12.14 In section 79, sub-section (10) is repealed. 13. Construction Industry Long Service Leave Act 1997 In section 36, sub-section (2) is repealed. 14. Co-operative Housing Societies Act 1958 In section 34 for sub-section (4) substitute-- 20 "(4) Every mortgage executed as security for an advance by a society must be registered under the Transfer of Land Act 1958.". 15. Crown Land (Reserves) Act 1978 In section 12(3) omit "or the Registrar-General (as the case 25 requires)". 16. Deakin University (Victoria College) Act 1991 In section 9, sub-sections (2) to (5) are repealed. 17. Deakin University (Warrnambool) Act 1990 In section 10, sub-sections (2) to (5) are repealed. 30 18. Docklands Authority Act 1991 In section 52, sub-section (1) is repealed. 19. Education Act 1958 19.1 In section 28, sub-section (4) is repealed. 53 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. 19.2 In section 29A, sub-section (4) is repealed. 20. Electricity Industry Act 1993 20.1 In section 73, sub-sections (2) and (3) are repealed. 20.2 In section 108, sub-sections (2) and (3) are repealed. 5 20.3 In section 126, sub-sections (2) and (3) are repealed. 20.4 In section 145, sub-sections (2) and (3) are repealed. 20.5 In section 153L, sub-sections (2) and (3) are repealed. 20.6 In section 153TJ, sub-sections (2) and (3) are repealed. 20.7 In section 153TZA, sub-sections (2) and (3) are repealed. 10 20.8 In section 196, sub-section (1) is repealed. 20.9 In section 205, sub-section (1) is repealed. 20.10 In section 217, sub-section (1) is repealed. 21. Environment Protection Act 1970 21.1 In section 62, for sub-section (4) substitute-- 15 "(4) If the property charged is land, the Authority may deposit with the Registrar of Titles a certificate under seal describing the land to be charged and stating the amount of the charge.". 21.2 In section 62, sub-section (5) is repealed. 20 21.3 In section 62, for sub-section (7) substitute-- "(7) Despite sub-section (3), if the property charged is land, the charge does not take effect until the Registrar of Titles makes a recording of the charge in the Register.". 25 21.4 In section 62(8) for "the Registrar-General or the Registrar of Titles (as the case requires)" substitute "the Registrar of Titles". 21.5 In section 62, for sub-section (9) substitute-- "(9) The Registrar of Titles must delete the recording of 30 the charge from the Register or make a recording in the Register of the payment or recovery of the charge.". 21.6 In section 62, after sub-section (11) insert-- 54 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. "(11A) If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold.". 21.7 In section 62(12) for "If the property sold is under the 5 Transfer of Land Act 1958, section 77 of that Act" substitute "Section 77 of the Transfer of Land Act 1958". 21.8 In section 62, sub-section (13) is repealed. 22. Extractive Industries Development Act 1995 In section 3, in the definition of "owner" after "1958" 10 insert "(other than land in an identified folio under that Act)". 23. Flora and Fauna Guarantee Act 1988 In section 3 in the definition of "landholder"-- (a) in paragraph (a) after "1958" insert "(other than land 15 in an identified folio under that Act)"; (b) in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land". 24. Forestry Rights Act 1996 20 24.1 In section 3 in the definition of "owner"-- (a) in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)"; (b) in paragraph (b) after "which is" insert "in an identified folio under the Transfer of Land Act 1958 25 or is". 24.2 In section 8, for sub-section (1) substitute-- "(1) The forestry property owner may apply to the Registrar of Titles to register a forest property agreement.". 30 24.3 In section 8, for sub-section (3) substitute-- "(3) The Registrar of Titles must make a recording of the agreement in the Register.". 24.4 In section 8, for sub-sections (4) and (5) substitute-- "(4) The amendment of this Act by section 24 of the 35 Transfer of Land (Single Register) Act 1998 does 55 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. not affect the operation, effect or enforcement of a covenant in an agreement registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.". 5 24.5 In section 9 omit "the registration of a memorial or". 24.6 In section 10, for sub-section (2) substitute-- "(2) The Registrar of Titles must make any amendments to or recordings in the Register that are necessary as a result of the termination or amendment of the forest 10 property agreement.". 24.7 In section 10, sub-sections (3) and (4) are repealed. 25. Forests Act 1958 25.1 In section 65(5) for paragraph (c) substitute-- "(c) the Director-General must furnish to the Registrar of 15 Titles a certificate of charge under the seal of the Director-General describing the land charged and setting out particulars of the title to the land and stating that there are costs payable under this section in respect of the land; and 20 (ca) the Registrar of Titles must make a recording of the certificate in the Register; and". 25.2 In section 65, after sub-section (5) insert-- "(5A) When the amount set out in a certificate under sub- section (5) together with any interest is paid, the 25 Registrar of Titles, on lodgment of a certificate of discharge under the seal of the Director-General, must delete the recording of the charge from the Register or make a recording in the Register of the discharge.". 26. Gaming and Betting Act 1994 30 In section 161, sub-sections (2) and (3) are repealed. 27. Gas and Fuel Corporation (Heatane Gas) Act 1993 27.1 In section 18(2)(b) for "specify" substitute "in the case of land under the Transfer of Land Act 1958, specify". 27.2 In section 18, after sub-section (2) insert-- 35 "(2A) If any land to which a request under sub-section (1) applies is not Crown land and is not under the Transfer of Land Act 1958, the Registrar of Titles 56 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. before acting on a request under sub-section (1) must first bring the land under that Act.". 27.3 In section 18, sub-sections (4) and (5) are repealed. 28. Gas and Fuel Corporation (Repeal) Act 1995 5 28.1 In section 13, sub-sections (2) and (3) are repealed. 28.2 In section 26, sub-sections (2) and (3) are repealed. 29. Gas Industry Act 1994 29.1 In section 79, sub-sections (2) and (3) are repealed. 29.2 In section 115K, sub-sections (2) and (3) are repealed. 10 30. Gift Duty Act 1971 In section 32, for sub-sections (2) and (3) substitute-- "(2) If any gift duty is a charge on any land, the Registrar of Titles, on the application of the Commissioner accompanied by a certificate under the hand of the 15 Commissioner certifying the amount of gift duty payable, but unpaid, on that land, must make any recordings in the Register that may be necessary or proper to evidence that the land is subject to the charge. 20 (3) A charge to which any land is subject by virtue of this section may, upon application in writing to the Registrar of Titles by the Commissioner, be varied or discharged by order of the Registrar of Titles and upon the variation or discharge the Registrar of Titles 25 must, without fee, make any recordings in the Register as may be necessary or proper to evidence the variation or discharge.". 31. Grain Handling and Storage Act 1995 In section 31, sub-sections (2) and (3) are repealed. 30 32. Health Services Act 1988 In section 65I, sub-sections (2) and (3) are repealed. 33. Heritage Act 1995 33.1 In section 3 in the definition of "owner"-- (a) in paragraph (a) after "1958" insert "(other than land 35 in an identified folio under that Act)"; 57 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. (b) in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land". 33.2 In section 47 for sub-sections (1) and (2) substitute-- 5 "(1) The Executive Director must lodge with the Registrar of Titles notice of any matter on the Heritage Register which affects land. (2) Each time the Heritage Register is amended the Executive Director must give notice to the Registrar 10 of Titles of any land, other than unalienated Crown land, affected by the amendment.". 33.3 In section 47 for sub-sections (5) and (6) substitute-- "(5) On receipt of a notice under this section, the Registrar of Titles must make any recordings in the Register 15 that are necessary or convenient for the purpose of bringing the notice to the attention of persons who search the folios of the Register to which the notice relates. (6) The Registrar of Titles may require any evidence of 20 the identity of any land affected by a notice lodged under this section that he or she thinks fit.". 33.4 In section 91, for sub-sections (2) and (3) substitute-- "(2) The Registrar of Titles, on the application of the owner of the land, must make any recordings in the 25 Register as are necessary to record the effect of the agreement, covenant, variation, release or determination. (3) The amendment of this Act by section 24 of the Transfer of Land (Single Register) Act 1998 does 30 not affect the operation, effect or enforcement of an agreement or covenant registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.". 34. Housing Act 1983 35 34.1 In clause 4 of Schedule 2, for sub-clause (3) substitute-- "(3) If a covenant has been entered into by a person pursuant to sub-clause (1) or subsequently varied pursuant to sub-clause (2), the Registrar of Titles on the application of the owner of the land burdened by 58 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. the covenant must make a recording in the Register of the covenant or variation as the case requires. (4) On the making of a recording in the Register pursuant to sub-section (3)-- 5 (a) the burden of the covenant or the covenant as so varied (as the case requires) runs with the land affected; and (b) the Director may enforce the covenant against persons deriving title from the person who 10 entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature, or is not for the benefit of any land of the Director. (5) The amendment of this clause by section 24 of the 15 Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.". 20 34.2 In clause 10 of Schedule 2, sub-clause (2) is repealed. 34.3 In clause 1 of Schedule 6 for paragraphs (a) and (b) substitute "the Registrar of Titles". 34.4 For clause 2 of Schedule 6 substitute-- "2. Registration of certificate on title 25 (1) On receipt of a certificate under clause 1 and on payment of the prescribed fee, the Registrar of Titles must make a recording of the certificate in the Register. (2) When the amount of the expenses is paid, the 30 Registrar of Titles, on the request of the Council and on payment of the prescribed fee must make a recording in the Register of the cancellation of the charge.". 34.5 In clause 6 of Schedule 6-- 35 (a) in sub-clause (1) for paragraphs (a) and (b) substitute "the Registrar of Titles"; (b) in sub-clauses (2) and (3) for "Registrar-General or Registrar of Titles (as the case may be)" (wherever occurring) substitute "Registrar of Titles". 59 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. 35. Land Act 1958 In section 22E(1) omit "or in the Office of the Registrar- General". 36. Land Acquisition and Compensation Act 1986 5 36.1 In section 8(3) for paragraph (b) substitute-- "(b) lodge a copy of that document with the Registrar of Titles.". 36.2 In section 10 for sub-section (1) substitute-- "(1) The Authority must, without delay after the service of 10 a notice of intention to acquire under section 6 or amendment of such a notice under section 14, lodge with the Registrar of Titles notice in the form approved under the Transfer of Land Act 1958 of the notice of intention to acquire or the amended 15 notice (as the case may be) together with the prescribed fee.". 36.3 In section 10(2) for "on the relevant folios of the Register" substitute "in the Register". 36.4 In section 10, for sub-section (4) substitute-- 20 "(4) If a notice lapses or is cancelled, the Authority must give the Registrar of Titles notice in writing of the lapse or cancellation.". 36.5 In section 10(5) after "recordings of the notice" insert "or make a recording in the Register of the lapsing or 25 cancellation". 36.6 In section 10(8) omit "whether so recorded on a folio of the Register or". 37. Land Tax Act 1958 In section 66 for sub-sections (2) and (3) substitute-- 30 "(2) If the Commissioner deems it desirable to register the charge he or she may deposit with the Registrar of Titles a certificate under the hand of the Commissioner describing the land charged and stating that there are arrears of land tax payable in respect of 35 that land. (3) The Registrar of Titles must, without charge, make a recording of the certificate in the Register. 60 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. (4) When the arrears are paid the Registrar of Titles must remove or delete the charge or make a recording in the Register of the discharge of the charge if so required by the Commissioner.". 5 38. Legal Aid Act 1978 38.1 In section 47B for sub-section (1) substitute-- "(1) If VLA proposes to take out a charge over land, VLA must lodge a notice of the charge identifying the land to which it applies and the amount which has not been 10 paid (including any interest which may become due and unpaid on the whole or any part of that amount.". 38.2 Section 47C is repealed. 38.3 In section 47D for sub-sections (1) and (2) substitute-- "(1) If the amount secured by the charge is paid, recovered 15 or waived, VLA must seal a certificate stating this and lodge the certificate with the Registrar. (2) If the Registrar of Titles receives a certificate under sub-section (1) with respect to land, he or she must cancel any recording of the charge on the Register or 20 record the cancellation of the charge in the Register.". 38.4 In section 47D, sub-section (3) is repealed. 38.5 In section 47E, after sub-section (3) insert-- "(3A) If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act 25 before it is sold.". 38.6 In section 47E(4) for "If the land sold is under the Transfer of Land Act 1958, section 77 of that Act" substitute "Section 77 of the Transfer of Land Act 1958". 38.7 In section 47E, sub-sections (5) and (6) are repealed. 30 39. Libraries Act 1988 39.1 In section 43(2) in the definition of "eligible person"-- (a) in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)"; (b) in paragraph (b) after "which is" insert "land in an 35 identified folio under the Transfer of Land Act 1958 or land". 39.2 In section 44, for sub-section (4) substitute-- 61 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. "(4) On production of a certificate signed by the Minister as to any authority to surrender, transfer or convey land under this Part, and on production of any other instrument that the Registrar of Titles requests, the 5 Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this section.". 40. Melbourne and Olympic Parks Act 1985 In section 32, sub-section (1) is repealed. 10 41. Melbourne City Link Act 1995 In section 67, sub-section (1) is repealed. 42. Mineral Resources Development Act 1990 In section 3, in the definition of "owner" after "1958" insert "(other than land in an identified folio under that 15 Act)". 43. National Parks (Yarra Ranges and Other Amendments) Act 1995 In section 26, sub-section (1) is repealed. 44. National Rail Corporation (Victoria) Act 1991 20 In section 11, sub-sections (7) and (9) are repealed. 45. Planning and Environment Act 1987 45.1 In section 3, in the definition of "owner"-- (a) in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)"; 25 (b) in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land". 45.2 In section 110 for sub-section (1) substitute-- "(1) Any person who has paid compensation under this 30 Act or a corresponding previous enactment to the owner or occupier of any land and who has not already done so under that enactment must lodge a statement with the Registrar of Titles without delay.". 45.3 In section 110, for sub-sections (3) and (4) substitute-- 62 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. "(3) On receiving a statement, the Registrar of Titles must make any recordings in the Register which are necessary to bring the statement to the notice of anyone searching the Register. 5 (4) At the request of any person who lodged a statement under sub-section (1) or a corresponding previous enactment, the Registrar of Titles must delete from the Register a recording made under sub-section (3).". 45.4 In section 181(1) for "under the Transfer of Land Act 10 1958" substitute "other than Crown land". 45.5 In section 181(3) for "on any relevant folio of the Register" substitute "in the Register". 45.6 In section 181, for sub-sections (4) and (5) substitute-- "(4) The amendment of this Act by section 24 of the 15 Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before 20 that commencement.". 45.7 In section 182 omit "the registration of a memorial or". 45.8 In section 183(2) after "Register" insert "or make a recording in the Register of the matters notified under sub- section (1)". 25 45.9 In section 183, for sub-sections (3) and (4) substitute-- "(3) This section does not apply to an agreement in respect of Crown land.". 45.10 In section 201Q, sub-section (5) is repealed. 46. Port Services Act 1995 30 46.1 In section 72, sub-section (1) is repealed. 46.2 In section 111, sub-sections (2) and (3) are repealed. 46.3 In section 159, sub-sections (2) and (3) are repealed. 47. Project Development and Construction Management Act 1994 In section 45, sub-section (1) is repealed. 35 48. Queen Victoria Women's Centre Act 1994 In section 24, sub-section (1) is repealed. 63 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. 49. Rail Corporations Act 1996 49.1 In section 13C, for sub-section (4) substitute-- "(4) If by or under this Act any private right of way or easement is extinguished or any easement is acquired 5 by Rail Track, the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition and the holder of any relevant certificate of title must deliver it to the Registrar of Titles.". 10 49.2 In section 52, sub-sections (2) and (3) are repealed. 50. Religious Successory and Charitable Trusts Act 1958 In section 44 for "bringing land under the operation of" substitute "the creation of a folio of the Register under". 51. Retail Tenancies Reform Act 1998 15 In section 19(2)(d) omit "the Registrar-General or". 52. Retirement Villages Act 1986 52.1 In section 3, in the definition of "owner"-- (a) in paragraph (a) after "land" (where first occurring) insert "in an identified folio under the Transfer of 20 Land Act 1958 or land"; (b) in paragraph (b) after "1958" insert "(other than land in an identified folio under that Act)". 52.2 In section 9(1) for paragraphs (a) and (b) substitute "lodge a retirement village notice with the Registrar of Titles". 25 52.3 In section 9, sub-section (2) is repealed. 52.4 In section 9(3)(c) after "land" (where first occurring) insert "in an identified folio under the Transfer of Land Act 1958 or land". 52.5 In section 9(4) omit "a memorial of a retirement village 30 notice with the Registrar-General or". 52.6 Section 10 is repealed. 52.7 For section 11 substitute-- 64 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Act No. "11. Retirement village notice to be noted on title On receiving a retirement village notice in relation to land, the Registrar of Titles must make a recording of the retirement village notice in the Register.". 5 52.8 In section 12, for paragraphs (a) and (b) substitute-- "land in respect of which the residence rights are-- (a) estates in fee simple held as registered proprietors under the Transfer of Land Act 1958; or (b) in any other case, legal estates in fee simple.". 10 52.9 In section 14, for sub-section (5) substitute-- "(5) If in respect of retirement village land-- (a) a retirement notice was registered under the Property Law Act 1958 before the commencement of section 22 of the Transfer 15 of Land (Single Register) Act 1998; or (b) a recording of a retirement village notice is made in the Register under the Transfer of Land Act 1958-- the rights of a person who, after the notice is 20 registered or recorded but before the residence right is created, becomes the holder of a mortgage, charge or encumbrance over the land are subject to any residence rights subsequently created over the land.". 52.10 In section 27, for paragraphs (a) and (b) substitute-- 25 "land in respect of which the residence rights are-- (a) estates in fee simple held as registered proprietors under the Transfer of Land Act 1958; or (b) in any other case, legal estates in fee simple.". 52.11 In section 28(3) for paragraph (a) substitute-- 30 "(a) if before the commencement of this section a resident paid an in-going contribution which exceeds the prescribed amount, to the date on which-- (i) a memorial of a retirement village notice was registered under Part 1 of the Property Law 35 Act 1958 before the commencement of section 65 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. 22 of the Transfer of Land (Single Register) Act 1998; or (ii) a retirement village notice is lodged for registration in the Register under the Transfer 5 of Land Act 1958.". 52.12 In section 29, sub-sections (9) and (10) are repealed. 52.13 In section 29, for sub-section (11) substitute-- "(11) Within 14 days after land becomes subject to a charge under this Part, the owner of the land charged must 10 lodge with the Registrar of Titles notification in a form approved by the Registrar of Titles of that charge and the land to be charged. Penalty: 50 penalty units.". 52.14 In section 29(12) for "on the relevant folio of the Register" 15 substitute "in the Register". 52.15 In section 31(6) paragraph (a) is repealed. 52.16 In section 31, for sub-sections (8) and (9) substitute-- "(8) Section 77 (except section 77(3)) of the Transfer of Land Act 1958 applies to the sale of land pursuant to 20 an order enforcing a charge as if the resident who applied for the order were a mortgagee and the charge were a mortgage. (9) If the court makes an order concerning land not under the Transfer of Land Act 1958, the land must be 25 brought under that Act before it is sold.". 52.17 In section 32(7)-- (a) omit "under the operation of the Transfer of Land Act 1958 and"; (b) for "the relevant folio of the Register" substitute "the 30 Register or make a recording in the Register of the extinguishment of the charge". 52.18 In section 32, sub-section (8) is repealed. 52.19 In section 34(2), for paragraphs (a) and (b) substitute "land in respect of which the residence rights are-- 35 (a) estates in fee simple held as registered proprietors under the Transfer of Land Act 1958; or 66 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. (b) in any other case, legal estates in fee simple.". 52.20 In section 39(7)-- (a) omit "in respect of land under the operation of the Transfer of Land Act 1958"; 5 (b) for "the relevant folios of the Register" substitute "the Register or make a recording in the Register of the cancellation of the notice". 52.21 In section 39, sub-section (8) is repealed. 52.22 In Schedule 1 for "(if land not under the operation of the 10 Transfer of Land Act 1958)" substitute "(if land is in an identified folio under the Transfer of Land Act 1958 or is not under the operation of that Act)". 53. Sale of Land Act 1962 In section 4(2)(b) omit "or the Property Law Act 1958 (as 15 the case requires)". 54. Snowy Hydro Corporatisation Act 1997 In section 22, sub-section (2) is repealed. 55. South Melbourne Land Act 1986 In section 4, sub-section (10) is repealed. 20 56. Stamps Act 1958 In section 71-- (a) in sub-section (6)(a) omit "Registrar-General or"; (b) in sub-section (6) for paragraph (b) substitute-- "(b) the Registrar of Titles must, without charge, 25 make a recording of the notice in the Register.". (c) in sub-section (11)(a) omit "Registrar-General or"; (d) in sub-section (11) for paragraph (b) substitute-- "(b) the Registrar of Titles must cancel the registration of the notice under sub-section 30 (6)(b) or make a recording in the Register of the notice under paragraph (a).". (e) in sub-section (12)(a) omit "Registrar-General or"; (f) in sub-section (12) for paragraph (b) substitute-- 67 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. "(b) the Registrar of Titles must cancel the registration of the notice under sub-section (6)(b) or make a recording in the Register of the expiry of the charge.". 5 57. Subdivision Act 1988 57.1 In section 3 in the definition of "owner"-- (a) in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)"; (b) in paragraph (b) after "land" (where first occurring) 10 insert "in an identified folio under the Transfer of Land Act 1958 or land". 57.2 In section 35(6)(g) omit "by direction in accordance with Part II of that Act". 58. Swinburne University of Technology Act 1992 15 In section 61, sub-section (2) is repealed. 59. Transport Act 1983 In section 42, for sub-section (9) substitute-- "(9) If pursuant to or by virtue of this Act any private right of way or easement is extinguished or any easement is 20 acquired by a Corporation, the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition and the holder of any relevant certificate of title must deliver it to the Registrar of 25 Titles.". 60. Treasury Corporation of Victoria (Housing Finance) Act 1995 In section 11, sub-sections (2) and (3) are repealed. 61. Trustee Act 1958 In section 45, sub-section (5) is repealed. 30 62. Victorian Conservation Trust Act 1972 62.1 In section 3(3) omit "in the Office of the Registrar-General or". 62.2 In section 3A, for sub-section (10) substitute-- "(10) If a covenant has been entered into by any person 35 pursuant to sub-section (1) or subsequently varied pursuant to sub-section (3); the Registrar of Titles, on 68 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. application made to him or her, may make a recording in the Register of the covenant or variation. (11) If the Registrar of Titles has made a recording of the covenant or the variation in the Register, the burden 5 of the covenant or the covenant as so varied runs with the land concerned and the Trust may enforce the covenant against persons deriving title from that person as if it were a restrictive covenant even though it may be positive in nature or that it is not for the 10 benefit of land of the Trust. (12) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant registered under the Property Law Act 15 1958 before the commencement of that section 24 and existing immediately before that commencement.". 63. Victoria University of Technology Act 1990 In section 57, sub-sections (2) to (5) are repealed. 64. Victorian Plantations Corporation Act 1993 20 64.1 In section 12, for sub-sections (2) and (3) substitute-- "(2) The rights may be recorded in the Register under the Transfer of Land Act 1958.". 64.2 In section 46, sub-sections (3) and (4) are repealed. 65. Victorian Plantations Corporation (Amendment) Act 1994 25 In section 12, sub-section (1) is repealed. 66. Water Act 1989 66.1 In section 101A(2) omit "or the Registrar-General". 66.2 In section 101B, sub-sections (2) and (3) are repealed. 66.3 In section 226(4)(b)(i) after "1958" insert "(other than land 30 in an identified folio)". 66.4 In section 226AA(4)(b)(i) after "1958" insert "(other than land in an identified folio)". 66.5 In section 231(3A)(a)(i) after "1958" insert "(other than land in an identified folio)". 35 66.6 In section 236, for sub-section (1) substitute-- "(1) An agreement under section 234, or a decision under section 235, by virtue of which a right of access is 69 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. created over, or in favour of, land has no effect until it is recorded in the Register under the Transfer of Land Act 1958.". 66.7 In section 236, sub-sections (3) and (4) are repealed. 5 66.8 In section 236(5) and (6) omit ", or lodge the memorial,". 66.9 After section 236(7) insert-- "(8) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of an 10 agreement or decision registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement.". 66.10 In section 244, for sub-section (3) substitute-- 15 "(3) A community agreement must be taken to be capable of being registered under the Transfer of Land Act 1958 and has no effect until it is recorded in the Register under that Act.". 66.11 In section 244, sub-sections (5) and (6) are repealed. 20 66.12 In section 244(7) omit "or lodged under sub-section (5)". 66.13 In section 244(8) omit "or the memorial is lodged". 66.14 After section 244(8) insert-- "(9) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does 25 not affect the operation, effect or enforcement of a community agreement registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement.". 30 66.15 In section 245, for sub-sections (3) and (4) substitute-- "(3) An agreement which varies or revokes a community agreement must be taken to be capable of being registered under the Transfer of Land Act 1958 and has no effect until it is recorded in the Register under 35 that Act.". 66.16 In section 280(b) omit "if the land is under the Transfer of Land Act 1958,". 70 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Sch. Act No. 67. Water Industry Act 1994 In section 164, sub-sections (2) and (3) are repealed. 68. Westernport (Crib Point Terminal) Act 1963 68.1 In section 6L(1) omit "or the Registrar-General must make 5 any amendment to any instrument registered under Part 1 of the Property Law Act 1958". 68.2 In section 6L(2)-- (a) for "on any relevant folio of the Register" substitute "in the Register"; 10 (b) omit "in the folio". 68.3 In section 6L(3)(b), before "specify" insert "in the case of land under the Transfer of Land Act 1958,". 68.4 In section 6L, sub-sections (5) and (6) are repealed. 15 71 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 72 532024B.I1-13/5/98

Transfer of Land (Single Register) Act 1998 Act No. 73 532024B.I1-13/5/98

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