• Specific Year
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TRANSFER OF LAND ACT 1893 - TWELFTH SCHEDULE — Short form of covenants by lessee

TRANSFER OF LAND ACT 1893 - TWELFTH SCHEDULE

— Short form of covenants by lessee

[s. 94]

        [Heading inserted: No. 19 of 2010 s. 38(10).]

Column One

Column Two

        1.         The lessee will not transfer or sublet.

        1.         The lessee his executors administrators or transferees will not during the said term transfer, assign, or sublet the premises hereby leased or any part thereof or otherwise by any act or deed procure the said premises or any part thereof to be transferred or sublet without the consent in writing of the lessor or his transferees first had and obtained.

        2.         The lessee will fence.

        2.         The lessee his executors administrators or transferees will during the continuance of the said term erect and put up on the boundaries of the said land or upon those boundaries upon which no substantial fence now exists a good and substantial fence.

        3.         The lessee will cultivate.

        3.         The lessee his executors administrators or transferees will at all times during the said term cultivate use and manage in a proper and husband like manner all such parts of the land as are now or shall hereafter with the consent in writing of the said lessor or his transferees be broken up or converted into tillage and will not impoverish or waste the same.

        4.         The lessee will not cut timber.

        4.         The lessee his executors and administrators or transferees will not cut down fell injure or destroy any growing or living timber or timber-like trees standing and being upon the said land without the consent in writing of the said lessor or his transferees.

        5.         The lessee will insure against fire in the name of the lessor.

        5.         The lessee his executors administrators or transferees will insure and during the said term keep insured against loss or damage by fire in the name of the lessor or his transferees in some public insurance office approved of by him or them to the amount of their full value all buildings which shall for the time being be erected on the said land and which shall be of a nature or kind capable of being insured against damage by fire and will when required deposit with the lessor or his transferees the policy of such insurance and within 7 days after each premium shall become payable the receipt for such premium and on any breach or non-observance of this covenant the lessor or his transferees may without prejudice to and concurrently with the powers granted to him and them by this lease and by the Transfer of Land Act 1893 , insure such buildings and the costs of effecting such insurance shall during the said term be a charge upon the said land.



                All moneys which shall be received under or by virtue of any such insurance shall be laid out and expended in making good the loss or damage.

        6.         The lessee will paint outside every third year.

        6.         The lessee his executors administrators or transferees will in every third year during the continuance of the said term paint all the outside woodwork and ironwork belonging to the leased property with 2 coats of proper oil colours in a workmanlike manner.

        7.         The lessee will paint and paper inside every fourth year.

        7.         The lessee his executors administrators or transferees will in every fourth year during the continuance of the said term paint the inside wood iron and other work now or usually painted with 2 coats of proper oil colours in a workmanlike manner and also re-paper with paper of the same quality as at present such parts of the said premises as are now papered and also whiten or colour such parts of the said premises as are now whitened or coloured respectively.

        8.         The lessee will not use the premises as a shop.

        8.         The lessee his executors administrators or transferees will not convert use or occupy the said premises or any part thereof into or as a shop warehouse or other place for carrying on any trade or business whatsoever or permit or suffer the said premises or any part thereof to be used for any such purpose or otherwise than as a private dwelling-house without the consent in writing of the said lessee or his transferees.

        9.         The lessee will not carry on any offensive trade.

        9.         The lessee his executors administrators or transferees will not at any time during the said term use exercise or carry on or permit or suffer to be used exercised or carried on in or upon the said premises or any part thereof any noxious noisome or offensive art trade business occupation or calling and no act matter or thing whatsoever shall at any time during the said term be done in or upon the said premises or any part thereof which shall or may be or grow to the annoyance nuisance grievance damage or disturbance of the occupiers or owners of the adjoining lands and properties.

        10.         The lessee will carry on the business of publican and conduct the same in an orderly manner.

        10.         The lessee his executors administrators or transferees will at all times during the continuance of the said term use exercise and carry on in and upon the premises the trade or business of a licensed victualler or publican and seller of fermented and spirituous liquors and keep open and use the house inn and buildings standing and being upon the land as and for an inn or public-house for the reception accommodation and entertainment of travellers guests and other persons resorting thereto or frequenting the same and manage or conduct such trade or business in a quiet and orderly manner and will not do or commit or suffer to be done or committed any act matter or thing whatsoever whereby or by means whereof any licence shall be allowed to expire or to become void or shall or may be liable to be forfeited suspended taken away or refused.

        11.         The lessee will apply for renewal of licence.

        11.         The lessee his executors administrators or transferees will from time to time during the continuance of the said term at the proper times for that purpose apply for and endeavour to obtain such licence or licences as is or are or may be necessary for carrying on the said trade or business of a licensed victualler or publican in and upon the said premises and keeping the said house or inn open as and for an inn or public-house as aforesaid.

        12.         The lessee will facilitate the transfer of licence.

        12.         The lessee his executors administrators or transferees will at the expiration or other sooner determination of the said term sign and give such notice or notices and allow such notice or notices of a transfer or renewal of any licence as may be required by law to be affixed to the said house or inn to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf and generally will do and perform all such acts matters and things as shall be necessary to enable the said lessor or his transferees or any person authorised by him or them to obtain the transfer of any licence then existing and in force or the renewal of any licence or any new licence.

[Thirteenth, Fourteenth and Fifteenth Schedules deleted: No. 81 of 1996 s. 151.]

Sixteenth Schedule Short form of covenant by mortgagor to insure

[s. 115]

        [Heading inserted: No. 19 of 2010 s. 38(11).]

Column One

Column Two

That I will insure against fire in the name of the mortgagee.

That I my heirs executors administrators or transferees will insure and so long as any money shall remain secured by this mortgage kept insured against loss or damage by fire in the name of the mortgagee or his transferees in some public insurance office to be approved by him or them all buildings which shall for the time being be erected on the said land and which shall be of a nature or kind capable of being so insured to the amount either of the principal money hereby secured or of the full value of such buildings and will when required deposit with the mortgagee or his transferees the policy of such insurance and within 7 days after each premium shall become payable the receipt for such premium. And that the moneys which shall be received on account of such insurance shall at his or their option be applied either in or towards satisfaction of the moneys secured by this mortgage or in rebuilding or reinstating under the superintendence of his or their surveyor the buildings destroyed or damaged. And that on any breach or non-observance of this covenant he or they shall be at liberty to effect such insurance and continue the same for such period as may be deemed fit and the costs and expenses paid on account thereof shall be a charge upon the said land and bear interest at the same rate as if principal money overdue.

[Seventeenth and Eighteenth Schedules deleted: No. 81 of 1996 s. 151.]

Nineteenth Schedule Power of Attorney

[s. 143(1)]

        [Heading inserted: No. 19 of 2010 s. 38(12).]

WESTERN AUSTRALIA

Transfer of Land Act 1893 as amended. No.

POWER OF ATTORNEY

Full name, address and occupation of donor.

I

Full name, address and occupation of donee.

do hereby appoint



my Attorney to sell to any person all or any lands leases mortgages whether extended or not or charges or interests in land whether now belonging to me or which shall hereafter belong to me under or by virtue of the Transfer of Land Act 1893 or of which I am now or shall hereafter be the proprietor or owner under the said Act. Also to purchase land and interests in land. Also to mortgage all or any such lands or leases or interests for any sum at any rate of interest. Also to charge the same with any annuity of any amount. Also to lease all or any such lands as shall be Crown or freehold tenure for any term of years not exceeding 21 years in possession at any rent. Also to surrender or obtain or accept the surrender of any lease in which I am or may be interested. Also to discharge and partially discharge mortgages and charges. Also to extend mortgages and Leases. Also to lodge and withdraw caveats either wholly or partially. Also to grant and surrender Easements. Also to exercise and execute all powers which now are or shall hereafter be vested in or conferred on me as a lessor, mortgagee or annuitant under the said Act.*

*Or otherwise according to the nature and extent of the powers intended to be conferred.





And for me and in my name to sign all such Transfers instruments and other documents and do all such acts matters and things as may be necessary or expedient for carrying out the powers hereby given and for recovering all sums of money that are now or may become due or owing to me in respect of the premises and for enforcing or varying any contracts covenants or conditions binding upon any lessee tenant or occupier of the said lands or upon any other person in respect of the same and for recovering and maintaining possession of the said lands and for protecting the same from waste damage or trespass.



Dated this         day of         20

(a) Signature of Donor/s.

(See note 1)

Signed             (a)                 (c)

(b) Signature, address and occupation of witness.

(See note 2)

in the

presence of             (b)



Signed             (a)



in the

presence of             (b)

(c) Add attestations as required.

(c)



NOTES

1.         A separate attestation should be made by each person signing this document; i.e. each signature should be separately witnessed.

2.         If executed within the Commonwealth of Australia or its Territories witnesses must be 21 years of age or over and not a party to this document. If executed outside the Commonwealth of Australia or its Territories the witness should be one of the persons listed in section 145 of the Transfer of Land Act 1893 .

3.         No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons signing this document and their witnesses.



No.



POWER OF ATTORNEY



FEES (office use)

$

c















Parties ...............................................................

.............................................................................

.............................................................................



Lodged by

Address

Phone No.





Use this space for instructions if any documents are to issue to other than lodging party.

















Duplicates, Declarations, etc., lodged with this document. (To be filled in by person lodging.)



1. ..........................

2. ..........................

3. ..........................

4. ..........................

5. ..........................

6. ..........................



Received items



No’s. ....................







Rec. Clerk.

BELOW THIS LINE FOR OFFICE USE ONLY



Deposited at ....................................... o’clock

this .................... day of ...............................

20 ........





Initials

of Signing

Officer.











REGISTRAR OF TITLES

EXAMINED.







        [Nineteenth Schedule inserted: Gazette 24 Feb 1970 p. 544-5; amended: No. 31 of 1997 s. 133.]

[Twentieth to Twenty-third Schedules deleted: No. 81 of 1996 s. 151.]

Twenty-fourth Schedule Form of application to amend certificate or amend or replace relevant graphic

[s. 172]

        [Heading inserted: No. 19 of 2010 s. 38(13).]

Western Australia

Application to Amend Certificate or to amend or replace a relevant graphic: s. 170

        [Heading amended: No. 6 of 2003 s. 84(1).]

To the Registrar of Titles

1.         I hereby apply to have the certificate of title No.

amended or graphic [ state identifying details ] amended or replaced in the following particulars: —

        [ State the nature of proposed amendment or replacement and in a case in which the description in the certificate or graphic is erroneous or imperfect on the face of it add the words on the ground that the certificate or graphic is erroneous or imperfect on the face of it].

2.         That the land which would be described by the certificate when amended or a relevant graphic when amended or replaced in accordance with this application is now in my occupation, and has been actually and bona fide occupied by me or persons holding under me since —

3.         That the nature of such occupation was as follows: — [ State generally how and by whom the land has been occupied as for instance by myself as a farm and dwelling; by my tenants A.B. and C.D. as shops or partly by me as a dwelling and partly by my tenant A.B. as a shop].

4.         That the names and addresses so far as known to me of the occupants of all land contiguous to the land so occupied by me are as follows: —

5.         That the names and addresses so far as known to me of the owners of all lands contiguous to the land so occupied by me as follows: —

6.         That to the best of my knowledge and belief the reasons why the description of the land in the said certificate or graphic does not accord with the description of the land so occupied by me are the following: — [ Set out reasons ].

Dated the day of 20

Made and subscribed at in the presence of

Application to amend certificate or to amend or replace a relevant graphic: s. 171

        [Heading amended: No. 6 of 2003 s. 84(5).]

To the Registrar of Titles.

1.         I the registered proprietor of the land which is described as follows in the certificate of title No. — [ set out full particulars as in certificate ] or graphic [ state identifying details ] — apply to have a certificate amended or a graphic amended or replaced in the following particulars: — [ State the nature of the proposed amendment or replacement and mention the number of every certificate or identifying details of each relevant graphic and the name of every registered proprietor whose certificate of title or relevant graphic would be affected by the proposed amendment or replacement ].

2.         That to the best of my knowledge and belief the discrepancy between the description in my certificate of title or graphic and that in the other certificates or graphics above mentioned is due to error in survey or misdescription and has arisen — [ Give the supposed cause of discrepancy or state that the applicant is unable to assign any specific cause for the discrepancy ].

3.         That the title to the land affected by the proposed amendment or replacement has never been in contest between me as or as I believe any one from whom I claim and any other person in any proceeding under the Transfer of Land Act 1893 or in any court of law or equity.

4.         That the land as described in my certificate or graphic has been actually and bona fide occupied by me and persons holding under me since —

5.         That the nature of such occupation was as follows: — [ State generally how and by whom the land has been occupied as for instance by myself as a farm and dwelling; by my tenants A.B. and C.D. as shops; or partly by me as a dwelling and partly by my tenant A.B. as a shop].

Dated the day of 20

Made and subscribed at in the presence of

        [Twenty-fourth Schedule amended: No. 81 of 1996 s. 145(2); No. 6 of 2003 s. 84.]

[Twenty-fifth Schedule deleted: No. 2 of 2014 s. 95.]

Twenty-sixth Schedule General conditions of sale

[s. 237]

        [Heading inserted: No. 19 of 2010 s. 38(15).]

Table A

        [Heading inserted: No. 19 of 2010 s. 38(15).]

1.         The purchaser shall complete his purchase upon the day that the last of the acceptances or notes for purchase money become due; but he shall be entitled to the possession of the lot or lots purchased by him or to the receipt of the rents and profits thereof upon his acceptance of the title to such lot or lots; and if from any cause whatsoever his purchase shall not be completed at the time above specified the purchaser shall pay interest on such of his acceptances or notes as shall become overdue at the rate of 8% per annum to the time of completion without prejudice however to the vendor’s right under the sixth condition.

2.         All roads or ways adjoining or leading to or from the land sold or shown on the existing certificate of title to the property the areas of which roads are not included in such certificate shall be deemed by the purchaser either to be appurtenant to such land or to have become public roads.

3.         The certificate of title to the property sold shall be produced and a copy thereof may be made by the purchaser or his solicitor on application in that behalf to the vendor or his solicitor and the purchaser shall within 14 days after the day of sale deliver to the vendor or his solicitor a statement in writing of all objections or requisitions (if any) to or on the title or concerning any matter appearing on the particulars or conditions and in this respect time shall be of the essence of the contract. All objections or requisitions not included in such statements to be delivered within the time aforesaid shall be deemed absolutely waived by the purchaser and in default of such objections (if none) and subject only to such (if any) so delivered the purchaser shall be considered as having accepted the title and it shall be lawful for the auctioneer to pay over and deliver to the said vendor all sums of money paid and acceptances or notes given by the said purchaser on account of the purchase money without being liable to any action or other proceeding for recovery of the same.

4.         In case the purchaser shall within the time aforesaid make any objection to or requisition on the title or otherwise which the vendor shall be unable or unwilling to remove or comply with and such objection or requisition shall be insisted on it shall be lawful for the vendor or his solicitor (whether he shall have attempted to remove such objection or to comply with such requisition or not and notwithstanding any negotiation or litigation in respect of the same) at any time by notice in writing to annul the sale and within 1 week after giving such notice to repay the purchaser the amount of his purchase money or so much thereof as shall have been paid in full satisfaction of all claims and demands whatsoever by the purchaser and also to return all unpaid acceptances given by the purchaser but without any interest costs or damages of any description.

5.         If any mistake be made in the description or area of the property or if any other error whatsoever shall appear in the particulars of the property such mistake or error shall not annul the sale; but a compensation or equivalent to be settled by 2 referees mutually appointed in writing or their umpire shall be given or taken as the case may require. The party discovering such mistake or error to give notice in writing thereof to the other party within 7 days after such discovery and each party within 7 days after such notice shall appoint in writing a referee and if either party shall refuse to appoint a referee within the term above specified the referee of the other party alone may proceed in the matter and make a final decision. If 2 referees be appointed they are to nominate an umpire in writing before they enter upon the business and the decision of such referee or umpire as the case may be shall be final.

6.         If the purchaser shall fail to comply with the above conditions or shall not pay the whole of the deposit or shall not give the acceptances or notes provided for by the contract or shall not duly pay the same or any of them his deposit money or so much thereof as shall have been paid shall be actually forfeited to the vendor who shall be at liberty without notice to rescind the contract and to re-sell the property bought by the purchaser by public auction or private contract and the deficiency (if any) in price occasioned by such sale together with all expenses attending the same shall immediately be made good by the defaulter at this present sale and in case of non-payment the amount of such deficiency and expenses shall be recoverable by the vendor as and for liquidated damages and it shall not be necessary previously to tender a transfer to the purchaser or the vendor may deduct and retain such deficiency and expenses out of the amount of any of the before-mentioned acceptances or notes which shall then have been paid re-paying unto such defaulter within 7 days after the completion of the sale the residue of such amount but without any interest and returning without any unnecessary delay any then unpaid acceptances or notes.

7.         That the vendor will upon due payment of the full amount of purchase money sign a transfer of the property to the purchaser such transfer to be prepared by and at the expense of the purchaser.

8.         That the purchaser shall pay or bear the expense of all duty under the Duties Act 2008 on or in respect of the acceptances or notes provided for by the contract and of the transfer to him.

9.         The vendor shall not at any time be required by any purchaser or purchasers at the present sale to join in erecting any dividing fence upon any part of the land sold or offered for sale nor shall the vendor be liable at any time to contribute towards the expense of erecting any such dividing fence whether the land now offered for sale be sold or not; but this condition shall not prejudice or affect the rights of purchasers as to dividing fences as between themselves and all other parties except the vendor.

        [Twenty-sixth Schedule amended: No. 113 of 1965 s. 8; No. 12 of 2008 Sch. 1 cl. 38(2).]

[Twenty-seventh Schedule deleted: No. 25 of 1909 s. 2.]

Twenty-eighth Schedule Application to register Crown lease

[s. 81B]

        [Heading inserted: No. 19 of 2010 s. 38(16).]

Application to Register a Crown lease under the Transfer of Land Act 1893

To the Registrar of Titles —

I (insert name, address, and occupation) hereby apply to have the land hereinafter described brought under the operation of the Transfer of Land Act 1893 . And I declare: —

1.         That I am the lessee (or mortgagee or as the case may be) of a Crown lease of all that.

2.         That there are no documents or evidences of title affecting such land in my possession or under my control other than those included in the Schedule hereto.

3.         That I am not aware of any mortgage or encumbrance or sublease affecting the said land or that any other person has any estate or interest therein at law or in equity (if there are any add other than as follows and set the same forth).

        Dated this day of 20

Made and subscribed at in the presence of —

[The applicant, if in the State, to sign before the Registrar, an Assistant Registrar or any person who, under the Oaths, Affidavits and Statutory Declarations Act 2005 , is an authorised witness for an affidavit made in the State; if out of the State, to sign before any person who, under that Act, is an authorised witness for an affidavit made out of the State.]

Schedule of Documents referred to

        [Twenty-eighth Schedule inserted: No. 54 of 1909 s. 19 (as amended: No. 17 of 1950 s. 75); amended: No. 24 of 2005 s. 63.]

[Schedule titled The Last Schedule deleted: No. 17 of 1950 s. 74.]



Notes

This is a compilation of the Transfer of Land Act 1893 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

The Transfer of Land Act 1893

1893 (56 Vict. No. 14)

13 Jan 1893

13 Jan 1893

Transfer of Land Act 1893 Amendment Act 1896 12

1896 (60 Vict. No. 22) (as amended by No. 17 of 1950 s. 75)

27 Oct 1896

27 Oct 1896

Criminal Code Act 1902 s. 3

1902 (1 & 2 Edw. VII No. 14)

19 Feb 1902

1 May 1902 (see s. 2 and 3)

Transfer of Land Act Amendment Act 1902 12

1902 (2 Edw. VII No. 10) (as amended by No. 17 of 1950 s. 75)

18 Nov 1902

18 Nov 1902

Stamp Act Amendment Act 1905 s. 20

20 of 1905 (5 Edw. VII No. 20)

23 Dec 1905

1 Jan 1906 (see s. 2)

Licensed Surveyors Act 1909 s. 28 and 29

25 of 1909 (9 Edw. VII No. 21)

29 Oct 1909

1 Jan 1910 (see s. 1)

Transfer of Land Act Amendment Act 1909 13

54 of 1909 (9 Edw. VII No. 50) (as amended by No. 28 of 1944 s. 3; No. 17 of 1950 s. 75)

21 Dec 1909

2 May 1910 (see s. 1 and Gazette 4 Mar 1910 p. 649)

Transfer of Land Act Amendment Act 1911 12

26 of 1911 (1 Geo. V No. 37) (as amended by No. 17 of 1950 s. 75)

16 Feb 1911

16 Feb 1911

Transfer of Land Act Amendment Act 1917

32 of 1917 (8 Geo. V No. 13)

11 Dec 1917

11 Dec 1917

Transfer of Land Act Amendment Act 1920

30 of 1920 (11 Geo. V No. 30)

31 Dec 1920

31 Dec 1920

Transfer of Land Act Amendment Act 1925

5 of 1925 (16 Geo. V No. 5)

24 Sep 1925

24 Sep 1925

Transfer of Land Act Amendment Act 1929 12

14 of 1929 (20 Geo. V No. 12) (as amended by No. 17 of 1950 s. 75)

30 Oct 1929

30 Oct 1929

Transfer of Land Act Amendment Act 1929 (No. 2) 13

42 of 1929 (20 Geo. V No. 41) (as amended by No. 17 of 1950 s. 75)

31 Dec 1929

31 Dec 1929

Transfer of Land Act Amendment Act 1939

23 of 1939 (3 Geo. VI No. 23)

22 Nov 1939

22 Nov 1939

Transfer of Land Act Amendment Act 1944 12

28 of 1944 (8 and 9 Geo. VI No. 28) (as amended by No. 17 of 1950 s. 75)

23 Dec 1944

23 Dec 1944

Transfer of Land Act Amendment Act 1946 14

6 of 1946 (10 Geo. VI No. 6)

13 Nov 1946

13 Nov 1946

Transfer of Land Act Amendment Act 1946 (No. 2)

21 of 1946 (10 and 11 Geo. VI No. 21)

14 Jan 1947

14 Jan 1947

Transfer of Land Act Amendment Act 1950 15

17 of 1950 (14 Geo. VI No. 17)

29 Nov 1950

16 Mar 1951 (see s. 2 and Gazette 16 Mar 1951 p. 567)

Reprint of The Transfer of Land Act 1893 approved 7 Mar 1951 in Vol. 5 of Reprinted Acts (includes amendments listed above except those in the Transfer of Land Act Amendment Act 1950 )

Limitation Act 1935 s. 48A(1)

35 of 1935 (26 Geo. V No. 35)

(as amended by No. 73 of 1954 s. 8)

14 Jan 1955

Relevant amendments (see s. 48A and Second Sch. 16 ) took effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and Gazette 18 Feb 1955 p. 343)

Transfer of Land Act Amendment Act 1959

9 of 1959 (8 Eliz. II No. 9)

25 Sep 1959

25 Sep 1959

Reprint of The Transfer of Land Act 1893 approved 5 Jul 1962 in Vol. 16 of Reprinted Acts (includes amendments listed above)

Decimal Currency Act 1965

113 of 1965

21 Dec 1965

Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));

s. 4- 9: 14 Feb 1966 (see s. 2(2))

Transfer of Land Act Amendment Act 1969

28 of 1969

16 May 1969

16 May 1969

Transfer of Land Act Amendment Act (No. 3) 1969

88 of 1969

17 Nov 1969

17 Nov 1969

Untitled regulations published in Gazette 24 Feb 1970 p. 516-45

24 Feb 1970

Untitled regulations published in Gazette 8 Feb 1972 p. 244

8 Feb 1972

Transfer of Land Act Amendment Act 1972

14 of 1972

25 May 1972

25 May 1972

Metric Conversion Act 1972

94 of 1972

4 Dec 1972

Relevant amendments (see First Sch. 17 ) took effect on 1 Jan 1973 (see s. 4(2) and Gazette 29 Dec 1972 p. 4811)

Reprint of The Transfer of Land Act 1893 approved 7 Jul 1975 (includes amendments listed above)

Acts Amendment (Land Valuers) Act 1978 Pt. I and II

56 of 1978

6 Sep 1978

1 Jul 1979 (see s. 2 and Gazette 22 Jun 1979 p. 1677)

Companies (Consequential Amendments) Act 1982 s. 28

10 of 1982

14 May 1982

1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079)

Acts Amendment (Land Administration) Act 1987 Pt. VII

126 of 1987

31 Dec 1987

16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637)

Reserves and Land Revestment Act 1991 s. 22

57 of 1991

17 Dec 1991

17 Dec 1991 (see s. 2)

Financial Administration Legislation Amendment Act 1993 s. 11 and 12

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 18

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Transfer of Land Amendment Act 1996 3, 7, 18

81 of 1996

14 Nov 1996

Act other than s. 6(1) (to the extent that it refers to s. 10(4) and (5c) of the principal Act), 28, 30, 37, 42, 73-77, 81, 98, 134, 140 and 141: 14 Nov 1996 (see s. 2(1));

balance: 3 Feb 1997 (see s. 2(2) and (3) and Gazette 31 Jan 1997 p. 613)

Reprint of the Transfer of Land Act 1893 as at 13 May 1997 (includes amendments listed above)

Acts Amendment (Land Administration) Act 1997 Pt. 60 4, 5, 9

31 of 1997

3 Oct 1997

30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 69

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Transfer of Land Amendment Act 1999

3 of 1999

25 Mar 1999

s. 1 and 2: 25 Mar 1999;

Act other than s. 1 and 2: 1 Jun 1999 (see s. 2 and Gazette 11 May 1999 p. 1905)

Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 106

26 of 1999

29 Jun 1999

1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999 p. 2905)

Reprint of the Transfer of Land Act 1893 as at 23 Jul 1999 (includes amendments listed above)

Statutes (Repeals and Minor Amendments) Act 2000 s. 42

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Forest Products Act 2000 s. 72

34 of 2000

10 Oct 2000

16 Nov 2000 (see s. 2 and Gazette 15 Nov 2000 p. 6275)

Land Administration Amendment Act 2000 s. 51

59 of 2000

7 Dec 2000

10 Apr 2001 (see s. 2(2) and Gazette 10 Apr 2001 p. 2073)

Reprint of the Transfer of Land Act 1893 as at 9 Feb 2001 (includes amendments listed above except those in the Land Administration Amendment Act 2000 )

Corporations (Consequential Amendments) Act 2001 s. 220

10 of 2001

28 Jun 2001

15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth. Gazette 13 Jul 2001 No. S285)

Taxation Administration (Consequential Provisions) Act 2002 s. 25

45 of 2002

20 Mar 2003

1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2383)

Transfer of Land Amendment Act 2003 s. 4-42, 44-45, 47-55, 58-84

6 of 2003

25 Mar 2003

Act other than s. 43, 46, 56, 57, 74, 80-82: 3 May 2003 (see s. 2 and Gazette 2 May 2003 p. 1491);

s. 74, 80- 82: 6 Sep 2004 (see s. 2 and Gazette 2 Sep 2004 p. 3821)

Acts Amendment (Equality of Status) Act 2003 s. 129

28 of 2003

22 May 2003

1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)

Acts Amendment (Carbon Rights and Tree Plantation Agreements) Act 2003 Pt. 5

56 of 2003

29 Oct 2003

24 Mar 2004 (see s. 2 and Gazette 23 Mar 2004 p. 975)

Contaminated Sites Act 2003 s. 100

60 of 2003

7 Nov 2003

1 Dec 2006 (see s. 2 and Gazette 8 Aug 2006 p. 2899)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 120

65 of 2003

4 Dec 2003

1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)

Statutes (Repeals and Minor Amendments) Act 2003 s. 120

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Courts Legislation Amendment and Repeal Act 2004 Pt. 20 Div. 2

59 of 2004

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Reprint 7: The Transfer of Land Act 1893 as at 6 May 2005 (includes amendments listed above except those in the Contaminated Sites Act 2003 )

Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 s. 63

24 of 2005

2 Dec 2005

1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244)

Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15

38 of 2005

12 Dec 2005

9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)

Land Information Authority Act 2006 s. 103- 118

60 of 2006

16 Nov 2006

1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)

Financial Legislation Amendment and Repeal Act 2006 s. 4 19

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Reprint 8: The Transfer of Land Act 1893 as at 15 Jun 2007 (includes amendments listed above)

Petroleum Amendment Act 2007 s. 106

35 of 2007

21 Dec 2007

19 Jan 2008 (see s. 2(b) and Gazette 18 Jan 2008 p. 147)

Acts Amendment (Justice) Act 2008 Pt. 24

5 of 2008

31 Mar 2008

30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)

Duties Legislation Amendment Act 2008 Sch. 1 cl. 38

12 of 2008

14 Apr 2008

1 Jul 2008 (see s. 2(d))

Legal Profession Act 2008 s. 711

21 of 2008

27 May 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 10

8 of 2009

21 May 2009

22 May 2009 (see s. 2(b))

Reprint 9: The Transfer of Land Act 1893 as at 21 Aug 2009 (includes amendments listed above)

Approvals and Related Reforms (No. 3) (Crown Land) Act 2010 Pt. 9

8 of 2010

3 Jun 2010

18 Sep 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757)

Standardisation of Formatting Act 2010 s. 38, 43(2) and 51

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Reprint 10: The Transfer of Land Act 1893 as at 7 Jan 2011 (includes amendments listed above)

Electronic Conveyancing Act 2014 Pt. 9

2 of 2014

24 Mar 2014

3 Jun 2014 (see s. 2(c) and Gazette 30 May 2014 p. 1679)

Land Legislation Amendment Act 2015 Pt. 5

11 of 2015

29 Apr 2015

30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937)

Land Legislation Amendment (Taxing) Act 2015 Pt. 4

12 of 2015

29 Apr 2015

30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937)

Reprint 11: The Transfer of Land Act 1893 as at 8 Jan 2016 (includes amendments listed above)

Strata Titles Amendment Act 2018 Pt. 3 Div. 23

30 of 2018

19 Nov 2018

1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2)

Community Titles Act 2018 Pt. 14 Div. 23 (other than s. 253)

32 of 2018

19 Nov 2018

30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2)

COVID-19 Response and Economic Recovery Omnibus Act 2020 s. 102

34 of 2020

11 Sep 2020

12 Sep 2020 (see s. 2(b))

Legal Profession Uniform Law Application Act 2022 s. 424

9 of 2022

14 Apr 2022

1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)

Transfer of Land Amendment Act 2022 Pt. 2

21 of 2022

24 Jun 2022

7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2)

Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 12

4 of 2023

24 Mar 2023

10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Transfer of Land Amendment Act 2003 s. 43, 46, 56 and 57

6 of 2003

(as amended by No. 60 of 2006 s. 164)

25 Mar 2003

To be proclaimed (see s. 2)

Community Titles Act 2018 s. 253

32 of 2018

19 Nov 2018

To be proclaimed (see s. 2(b))

Other notes

1         Repealed by the Land Act 1933 which was repealed by the Land Administration Act 1997.

2         The Land Valuers Licensing Act 1978 came into operation on 1 July 1979.

3         The Transfer of Land Amendment Act 1996 s. 6(2) reads as follows:



        (2)         Section 10 of the principal Act as it was in effect immediately before the commencement of subsection (1) continues to have effect in relation to any document or its duplicate and to any memorandum or entry that was sealed, signed, or initialled before that commencement.



4         The Acts Amendment (Land Administration) Act 1997 s. 93(2) reads as follows:



        (2)         If the alienation of Crown land has resulted in the delivery of the grant in fee simple to the Registrar under section 18 of the principal Act, but the Registrar has not created and registered a certificate of title for the land under that section before the commencement of this section, that creation and registration may be completed as if that section had not been repealed.



5         The Acts Amendment (Land Administration) Act 1997 s. 94(2) reads as follows:



        (2)         Section 19 of the principal Act continues to apply to each grant in fee to 2 or more persons in joint tenancy for any public purpose, which grant was in existence immediately before the repeal of that section, as if that section had not been repealed.



6         The Settled Land Act 1892 was repealed by the Trustees Act 1962 .

7         The Transfer of Land Amendment Act 1996 s. 37(3) reads as follows:



        (3)         Section 65 of and the Ninth Schedule to the principal Act as in force immediately before the commencement of subsection (1) continue to apply to all transfers, leases and certificates of title in effect before that commencement on which an easement was marked in accordance with those provisions.



8         On the date as at which this compilation was prepared, the Western Australian Land Information Authority was principally assisting in the administration of the Transfer of Land Act 1893 .

9         The Acts Amendment (Land Administration) Act 1997 s. 104(2) reads as follows:



        (2)         A lease of Crown land (not being a Crown lease) granted before the commencement of this section, which lease would have been valid had it been granted as a lease under the Land Administration Act 1997 , is validated by force of this subsection and is to be treated as if it were a lease registered under section 81Q of the principal Act as amended by this Act.



10         Repealed by the Property Law Act 1969 Second Schedule.

11         Repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 Schedule 1.

12         This Act was amended by the Transfer of Land Act Amendment Act 1950 s. 75. See also note 16.

13         This Act was amended by the Transfer of Land Act Amendment Act 1944 s. 3 and the Transfer of Land Act Amendment Act 1950 s. 75. See also note 17.

14         The Transfer of Land Act Amendment Act 1950 s. 75 sets out an amendment to the Transfer of Land Act Amendment Act 1946 . However, the Transfer of Land Act Amendment Act 1950 s. 32 sets out an amendment to the Transfer of Land Act 1893 that achieves the same result.

15         The Transfer of Land Act Amendment Act 1950 provides as follows:



75.         Revision of certain of the provisions of the amending Acts

        (1)         By way of revision, for the purpose of reprinting, the provisions of the amending Acts are amended to the extent specified in the Schedule to this Act.

        (2)         The provisions of the last preceding subsection shall not be construed so as to affect the provisions of the Amendments Incorporation Act 1938 .



16         Section 48A and the Second Schedule were inserted into the Limitation Act 1935 by the Limitation Act Amendment Act 1954 s. 8.

17         The Schedule to the Metric Conversion Act 1972 was redesignated as the First Schedule by the Metric Conversion Act Amendment Act 1973 s. 3.

18         The Transfer of Land Amendment Act 1996 s. 152 reads as follows:



152.         Savings and transitional in relation to the assurance fund

        (1)         In this section —

        commencement means the day on which section 1 of this Act comes into operation.

        (2)         The account called the “assurance fund” immediately before commencement is to be closed on commencement and the money that is in the account at the time when the account is being closed is to be credited to the Consolidated Fund.

        (3)         Subsection (2) does not affect or prejudice the application of the Interpretation Act 1984 but a right, obligation or liability of, or in respect of, the assurance fund subsisting immediately before commencement becomes, on commencement, a right, obligation or liability of, or in respect of, the State in accordance with Part XI or XII of the principal Act, as the case requires.



19         The amendment in the Financial Legislation Amendment and Repeal Act 2006 s. 4 to s. 190 is not included because s. 190 had been replaced by the Land Information Authority Act 2006 s. 115.

20         The Land Legislation (Postponement of Expiry) Proclamation 2018 published by Gazette 21 Dec 2018 p. 4845-6 provides that the expiry of section 182AA is postponed until the end of 31 December 2024.



Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

affected land         104A

agreement         104M

agreement land         104M

amending Act         244

annuitant         4(1)

annuity         4(1)

approved form         4(1), 81K

Australian consular officer         145(4)

authorised land officer         4(1)

Authority         4

burdened land         104A

carbon covenant         4(1)

carbon covenant form         4(1)

carbon right         4(1)

carbon right form         4(1)

certificate of Crown land title         4(1)

charge         4(1)

charging instrument         105(3)

commencement         181(1a)

commencement day         248(1), 249(1)

Commissioner         81K

conveyancing transaction         4(1)

counterpart         4(1), 4(1b)

Crown land         4(1)

Crown land lease         4(1)

Crown lease         4(1)

dealing         4(1)

digitally sign         4(1)

digital signature         4(1)

digital title         4(1)

disposition         242(4)

document         4(1), 54(4)

ELN         4(1)

ELNO         4(1)

encumbrance         81RA(1)

encumbrances         4(1)

endorsed         4(1)

Examiner of Titles         4(1)

fees         238B(4)

first document         192D(4)

geothermal energy         3(3)

geothermal energy resources         3(3)

grant         4(1)

grantor         4(1)

graphic         4(1)

inspector of plans and surveys         163(2)

instrument         4(1)

interest         4(1)

judge         4(1)

land         4(1)

lodge         181A(1), 181(1AA), 182A(1AA), 192A(1), 192B(1), 192D(1), 238A(1)

lodged         133(1)

lot         129C(1d)

management body         4(1)

management order         81K

memorandum         54(1)

metropolitan region         4(1)

mining, petroleum or geothermal energy rights         3(3)

Minister for Lands         4(1)

ministerial order         4(1)

mortgage         127A(1)

mortgagee         127A(1)

mortgage money         126(1E)

notice to be served         249(2) and (3)

notification details         240A(1)

paper title         4(1)

participation rules         4(1)

person         4(1)

plan         136A

plantation interest         4(1)

prescribed amount         192(1), 238B(4)

profit à prendre         4(1)

property (seizure and sale) order         133(1)

proprietor         4(1)

public authority         4(1)

qualified certificate of Crown land title         4(1)

qualified valuer         4(1)

record         4(1)

Register         4(1)

register         133(1)

registered disposition         242(4)

relevant authority         129BB(1), 136J(1)

relevant carbon right         104A

relevant graphic         4(1)

repealed Act         81K

requirement         182B(1)

reserve         4(1)

saleable interest         133(1)

sale period         133(1)

section 138A caveat         136K(1)

settlement         4(1)

sheriff         4(1)

sheriff’s dealing         133(1)

short form         4(3)

sign         4(1)

signature         4(1)

single dwelling covenant         129C(1c)

stamped         81U(3)

statutory declaration         188(2)

subscriber         4(1)

symbol         4(1)

transitional period         81K

transmission         4(1)

tree plantation agreement         4(1)

working day         182B(1)





© State of Western Australia 2023



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This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .

Attribute work as: © State of Western Australia 2023



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By Authority: GEOFF O. LAWN, Government Printer