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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Transfer of Land Amendment Bill 1998
A Bill for
An Act to amend the Transfer of Land Act 1893.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Transfer of Land Amendment
Act 1998.
page 1
55--1
Transfer of Land Amendment Bill 1998
s. 2
2. Commencement
This Act comes into operation on such day as is fixed by
proclamation.
3. The Act amended
5 The amendments in this Act are to the Transfer of Land
Act 1893*.
[* Reprinted as at 13 May 1997.
For subsequent amendments see 1997 Index to
Legislation of Western Australia, Table 1, p. 237 and
10 Act No. 10 of 1998.]
4. Section 129C amended
(1) Section 129C(1) is amended by deleting "Where" and inserting
instead --
" Subject to subsection (1a), where ".
15 (2) After section 129C(1) the following subsections are inserted --
"
(1a) An application under subsection (1)(a) or (c) to
extinguish, discharge or modify a single dwelling
covenant that benefits more than 10 lots shall be
20 accompanied by --
(a) the applicant's affidavit to the effect that the
registered proprietor of each lot that is --
(i) wholly or partially within the prescribed
area; and
page 2
Transfer of Land Amendment Bill 1998
s. 4
(ii) benefited by the covenant the subject of
the application or any other single
dwelling covenant,
has been given written notice, the form and
5 content of which has been approved by the
Registrar, of the proposed application; and
(b) the written consent of the registered proprietors
(at the time the application is made) of the
majority of the lots referred to in paragraph (a)
10 to the extinguishment, discharge or the
modification of the covenant as proposed.
(1b) For the purposes of subsection (1a)(b), the written
consent of the registered proprietor of a lot that has 2 or
more registered proprietors is taken to have been given
15 if consent has been given by --
(a) in the case of proprietors who are joint tenants,
the majority of those proprietors; or
(b) in the case of proprietors who are tenants in
common, a proprietor who is, or 2 or more
20 proprietors who between them are, entitled to
the majority of undivided shares in the lot.
(1c) If a lot is subject to a mortgage or charge, the written
consent of the registered proprietor of that lot is not to
be taken into account for the purposes of
25 subsection (1a)(b) unless it is accompanied by the
written consent of the mortgagee or chargee of the
mortgage or charge that is first in order of priority.
(1d) In subsection (1a), (1b) and (1c) --
"lot" means a parcel of land that is shown on a plan (as
30 defined in section 136A) as a lot, other than a
common property lot on a survey-strata plan;
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Transfer of Land Amendment Bill 1998
s. 5
"single dwelling covenant" means a restrictive
covenant that prohibits the construction of more
than one dwelling on the lot burdened by the
covenant.
5 ".
(3) After subsection 129C(6) the following subsection is inserted --
"
(6a) If an order is made on an application to which
subsection (1a) applies, the applicant for the order shall
10 apply to the Registrar, in an approved form and with
payment of the prescribed fee, for the Registrar to
make the amendments and entries in the Register
necessary to give effect to the order.
".
15 5. Section 136J amended
Section 136J(1)(a) is amended by inserting after "this Part" --
"
, other than a single dwelling covenant (as defined in
section 129C)
20 ".
page 4
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