{"id":"qld:act-1994-011","name":"Land Title Act 1994","slug":"land-title-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"11 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104757,"registerId":"qld-act-1994-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Land Title Act 1994 .","sortOrder":1},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object of Act","content":"### sec.3 Object of Act\n\nThe object of this Act is to consolidate and reform the law about the registration of freehold land and interests in freehold land and, in particular—\nto define the rights of persons with an interest in registered freehold land; and\nto continue and improve the system for registering title to and transferring interests in freehold land; and\nto define the functions and powers of the registrar of titles; and\nto assist the keeping of the registers in the land registry, particularly by authorising the use of information technology.\n- (a) to define the rights of persons with an interest in registered freehold land; and\n- (b) to continue and improve the system for registering title to and transferring interests in freehold land; and\n- (c) to define the functions and powers of the registrar of titles; and\n- (d) to assist the keeping of the registers in the land registry, particularly by authorising the use of information technology.","sortOrder":2},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nA dictionary in schedule 2 defines particular words used in this Act.\ns 4 sub 1997 No. 28 s 295 sch 3\namd 2019 No. 7 s 313 s ch 1 pt 1","sortOrder":3},{"sectionNumber":"sec.4A","sectionType":"section","heading":"References","content":"### sec.4A References\n\nIn a provision of this Act about a community titles scheme, a reference to—\nscheme land, is a reference to the scheme land for the scheme; and\nthe body corporate, is a reference to the body corporate for the scheme; and\ncommon property, is a reference to common property for the scheme; and\nthe community management statement, is a reference to the community management statement for the scheme.\ns 4A ins 2003 No. 6 s 143\n- (a) scheme land, is a reference to the scheme land for the scheme; and\n- (b) the body corporate, is a reference to the body corporate for the scheme; and\n- (c) common property, is a reference to common property for the scheme; and\n- (d) the community management statement, is a reference to the community management statement for the scheme.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth, the other States and the Territories.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Registrar of titles","content":"### sec.6 Registrar of titles\n\nThere is to continue to be a registrar of titles.\nThe registrar has a seal of office.\nThe registrar is to be employed under the Public Sector Act 2022 .\nJudicial notice must be taken of the signature, or the imprint of the seal, of the registrar appearing on a document and the document must be presumed to have been properly signed or sealed until the contrary is proved.\nIn acting under this Act or another Act, the registrar is subject to the chief executive, but is not subject to any other officer or employee of the department.\ns 6 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.6-ssec.1) There is to continue to be a registrar of titles.\n(sec.6-ssec.2) The registrar has a seal of office.\n(sec.6-ssec.3) The registrar is to be employed under the Public Sector Act 2022 .\n(sec.6-ssec.4) Judicial notice must be taken of the signature, or the imprint of the seal, of the registrar appearing on a document and the document must be presumed to have been properly signed or sealed until the contrary is proved.\n(sec.6-ssec.5) In acting under this Act or another Act, the registrar is subject to the chief executive, but is not subject to any other officer or employee of the department.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Land registry","content":"### sec.7 Land registry\n\nThe registrar must keep a land registry.\nThe land registry includes—\nthe freehold land register; and\nthe power of attorney register; and\nthe Foreign Ownership of Land Register; and\nregisters about land prescribed by regulation; and\nother registers about land required or permitted by an Act to be included in the land registry.\nIn this section—\nForeign Ownership of Land Register means the register under the Foreign Ownership of Land Register Act 1988 .\npower of attorney register see section 133 (1) .\ns 7 amd 2001 No. 33 s 24 ; 2021 No. 12 s 98\n(sec.7-ssec.1) The registrar must keep a land registry.\n(sec.7-ssec.2) The land registry includes— the freehold land register; and the power of attorney register; and the Foreign Ownership of Land Register; and registers about land prescribed by regulation; and other registers about land required or permitted by an Act to be included in the land registry.\n(sec.7-ssec.3) In this section— Foreign Ownership of Land Register means the register under the Foreign Ownership of Land Register Act 1988 . power of attorney register see section 133 (1) .\n- (a) the freehold land register; and\n- (b) the power of attorney register; and\n- (c) the Foreign Ownership of Land Register; and\n- (d) registers about land prescribed by regulation; and\n- (e) other registers about land required or permitted by an Act to be included in the land registry.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Form of registers","content":"### sec.8 Form of registers\n\nA register kept by the registrar may be kept in the form (whether or not in a documentary form) the registrar considers appropriate.\nWithout limiting subsection (1) , the registrar may change the form in which a register or a part of a register is kept.\ns 8 amd 1994 No. 81 s 527 sch 5\n(sec.8-ssec.1) A register kept by the registrar may be kept in the form (whether or not in a documentary form) the registrar considers appropriate.\n(sec.8-ssec.2) Without limiting subsection (1) , the registrar may change the form in which a register or a part of a register is kept.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Delegation by registrar","content":"### sec.9 Delegation by registrar\n\nThe registrar may delegate the registrar’s functions under this Act or another Act to—\nan appropriately qualified public service employee; or\nthe titles registry operator.\nIf a function of the registrar is delegated to the titles registry operator, the titles registry operator must subdelegate the function to an appropriately qualified employee of the titles registry operator.\nThe titles registry operator may impose conditions on a subdelegation under subsection (2) that are not inconsistent with any conditions to which the delegation to the titles registry operator is subject.\nIf the registrar delegates the registrar’s function of keeping the land registry to the titles registry operator, a reference in an Act to an office of the land registry is, if the context permits, taken to be a reference to an office of the titles registry operator—\nwhere documents may be lodged; and\nthat is published on the operator’s website.\nIn this section—\nfunction includes power.\ns 9 sub 2021 No. 12 s 99\n(sec.9-ssec.1) The registrar may delegate the registrar’s functions under this Act or another Act to— an appropriately qualified public service employee; or the titles registry operator.\n(sec.9-ssec.2) If a function of the registrar is delegated to the titles registry operator, the titles registry operator must subdelegate the function to an appropriately qualified employee of the titles registry operator.\n(sec.9-ssec.3) The titles registry operator may impose conditions on a subdelegation under subsection (2) that are not inconsistent with any conditions to which the delegation to the titles registry operator is subject.\n(sec.9-ssec.4) If the registrar delegates the registrar’s function of keeping the land registry to the titles registry operator, a reference in an Act to an office of the land registry is, if the context permits, taken to be a reference to an office of the titles registry operator— where documents may be lodged; and that is published on the operator’s website.\n(sec.9-ssec.5) In this section— function includes power.\n- (a) an appropriately qualified public service employee; or\n- (b) the titles registry operator.\n- (a) where documents may be lodged; and\n- (b) that is published on the operator’s website.","sortOrder":11},{"sectionNumber":"sec.9AA","sectionType":"section","heading":"Use of registrar’s title","content":"### sec.9AA Use of registrar’s title\n\nA public service employee delegated a function of the registrar under this Act or another Act may, when performing the function, act under the title ‘registrar of titles’.\nSee the Queensland Future Fund (Titles Registry) Act 2021 , section 30 in relation to the titles registry operator, or the operator’s employees, using the registrar’s title.\nIn this section—\nfunction includes power.\ns 9AA ins 2021 No. 12 s 99\n(sec.9AA-ssec.1) A public service employee delegated a function of the registrar under this Act or another Act may, when performing the function, act under the title ‘registrar of titles’. See the Queensland Future Fund (Titles Registry) Act 2021 , section 30 in relation to the titles registry operator, or the operator’s employees, using the registrar’s title.\n(sec.9AA-ssec.2) In this section— function includes power.","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Land title practice manual","content":"### sec.9A Land title practice manual\n\nThe registrar may keep a manual of land title practice (by whatever name called) in the way the registrar considers appropriate, for the information and guidance of persons performing functions in relation to the land registry and other persons dealing with the land registry.\nThe manual may include—\ndirections given by the registrar under—\nsection 10 (1) (b) ; or\nthe Forestry Act 1959 , section 61RW (1) (b) ; or\nthe Land Act 1994 , section 287 (1) (b) ; and\npractices developed in the land registry, before or after the commencement of this section, for the depositing and lodging of instruments, including practices directed at ensuring that—\nthere is consistency and efficiency in land registry processes; and\neach register under this Act is an accurate, comprehensive and usable record; and\nthe integrity of the registers included in the land registry is supported and maintained to the greatest practicable extent.\nThe manual may include statements about additional information a person may be required to produce, or additional instruments or documents a person may be required to deposit, under section 156 .\nThe manual may provide for the registrar’s approval of the form of an electronic conveyancing document for the Electronic Conveyancing National Law (Queensland) , section 7 (1) (a) .\nThe registrar must make the manual available to the public in the way the registrar considers appropriate.\nWithout limiting subsection (5) , the registrar must ensure an up-to-date copy of the manual is available to be read free of charge at each office of the land registry.\ns 9A ins 2005 No. 68 s 51\namd 2010 No. 12 s 182 ; 2013 No. 17 s 31 ; 2021 No. 12 s 100\n(sec.9A-ssec.1) The registrar may keep a manual of land title practice (by whatever name called) in the way the registrar considers appropriate, for the information and guidance of persons performing functions in relation to the land registry and other persons dealing with the land registry.\n(sec.9A-ssec.2) The manual may include— directions given by the registrar under— section 10 (1) (b) ; or the Forestry Act 1959 , section 61RW (1) (b) ; or the Land Act 1994 , section 287 (1) (b) ; and practices developed in the land registry, before or after the commencement of this section, for the depositing and lodging of instruments, including practices directed at ensuring that— there is consistency and efficiency in land registry processes; and each register under this Act is an accurate, comprehensive and usable record; and the integrity of the registers included in the land registry is supported and maintained to the greatest practicable extent.\n(sec.9A-ssec.3) The manual may include statements about additional information a person may be required to produce, or additional instruments or documents a person may be required to deposit, under section 156 .\n(sec.9A-ssec.4) The manual may provide for the registrar’s approval of the form of an electronic conveyancing document for the Electronic Conveyancing National Law (Queensland) , section 7 (1) (a) .\n(sec.9A-ssec.5) The registrar must make the manual available to the public in the way the registrar considers appropriate.\n(sec.9A-ssec.6) Without limiting subsection (5) , the registrar must ensure an up-to-date copy of the manual is available to be read free of charge at each office of the land registry.\n- (a) directions given by the registrar under— (i) section 10 (1) (b) ; or (ii) the Forestry Act 1959 , section 61RW (1) (b) ; or (iii) the Land Act 1994 , section 287 (1) (b) ; and\n- (i) section 10 (1) (b) ; or\n- (ii) the Forestry Act 1959 , section 61RW (1) (b) ; or\n- (iii) the Land Act 1994 , section 287 (1) (b) ; and\n- (b) practices developed in the land registry, before or after the commencement of this section, for the depositing and lodging of instruments, including practices directed at ensuring that— (i) there is consistency and efficiency in land registry processes; and (ii) each register under this Act is an accurate, comprehensive and usable record; and (iii) the integrity of the registers included in the land registry is supported and maintained to the greatest practicable extent.\n- (i) there is consistency and efficiency in land registry processes; and\n- (ii) each register under this Act is an accurate, comprehensive and usable record; and\n- (iii) the integrity of the registers included in the land registry is supported and maintained to the greatest practicable extent.\n- (i) section 10 (1) (b) ; or\n- (ii) the Forestry Act 1959 , section 61RW (1) (b) ; or\n- (iii) the Land Act 1994 , section 287 (1) (b) ; and\n- (i) there is consistency and efficiency in land registry processes; and\n- (ii) each register under this Act is an accurate, comprehensive and usable record; and\n- (iii) the integrity of the registers included in the land registry is supported and maintained to the greatest practicable extent.","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"General requirements for instruments in the freehold land register","content":"## General requirements for instruments in the freehold land register","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Form of instruments","content":"### sec.10 Form of instruments\n\nAn instrument lodged by a person or issued by the registrar must—\nbe in the appropriate form; and\ncomply with the directions of the registrar about—\nhow the appropriate form must be completed; and\nhow information to be included in or given with the instrument must be included or given.\nAn instrument required or permitted to be executed must be in the appropriate form when it is executed.\nHowever, the registrar may register an instrument that is not in the appropriate form if the registrar is satisfied it is not reasonable to require the instrument to have been executed in the appropriate form.\nAlso, the registrar may register, or otherwise deal with, an instrument that does not comply with a direction mentioned in subsection (1) (b) if the registrar is satisfied it is reasonable to not require the compliance.\nSubsections (3) and (4) do not apply to an instrument that is an electronic conveyancing document.\ns 10 amd 2005 No. 68 s 52 ; 2007 No. 19 s 205 ; 2013 No. 17 s 32\n(sec.10-ssec.1) An instrument lodged by a person or issued by the registrar must— be in the appropriate form; and comply with the directions of the registrar about— how the appropriate form must be completed; and how information to be included in or given with the instrument must be included or given.\n(sec.10-ssec.2) An instrument required or permitted to be executed must be in the appropriate form when it is executed.\n(sec.10-ssec.3) However, the registrar may register an instrument that is not in the appropriate form if the registrar is satisfied it is not reasonable to require the instrument to have been executed in the appropriate form.\n(sec.10-ssec.4) Also, the registrar may register, or otherwise deal with, an instrument that does not comply with a direction mentioned in subsection (1) (b) if the registrar is satisfied it is reasonable to not require the compliance.\n(sec.10-ssec.5) Subsections (3) and (4) do not apply to an instrument that is an electronic conveyancing document.\n- (a) be in the appropriate form; and\n- (b) comply with the directions of the registrar about— (i) how the appropriate form must be completed; and (ii) how information to be included in or given with the instrument must be included or given.\n- (i) how the appropriate form must be completed; and\n- (ii) how information to be included in or given with the instrument must be included or given.\n- (i) how the appropriate form must be completed; and\n- (ii) how information to be included in or given with the instrument must be included or given.","sortOrder":15},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Registration of, or dealing with, particular instruments or other documents","content":"### sec.10A Registration of, or dealing with, particular instruments or other documents\n\nThis section applies if an instrument or other document is lodged or deposited other than in compliance with a requirement under this Act.\nThe registrar may register, or otherwise deal with, the instrument or document if the registrar is satisfied it is reasonable not to require the compliance.\ns 10A ins 2019 No. 7 s 224\n(sec.10A-ssec.1) This section applies if an instrument or other document is lodged or deposited other than in compliance with a requirement under this Act.\n(sec.10A-ssec.2) The registrar may register, or otherwise deal with, the instrument or document if the registrar is satisfied it is reasonable not to require the compliance.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Execution of certain instruments","content":"### sec.11 Execution of certain instruments\n\nAn instrument to transfer or create an interest in a lot must be executed by—\nthe transferor or the person creating the interest; and\nthe transferee or the person in whose favour the interest is to be created or a legal practitioner authorised by the transferee or the person.\nA total or partial discharge or release of mortgage need only be signed by the mortgagee.\nFor an instrument that is an electronic conveyancing document, subsections (1) and (2) apply subject to the form approved for the instrument under the Electronic Conveyancing National Law (Queensland) , section 7 .\ns 11 amd 1994 No. 81 s 527 sch 5 ; 2004 No. 11 s 596 sch 1 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2013 No. 17 s 33\n(sec.11-ssec.1) An instrument to transfer or create an interest in a lot must be executed by— the transferor or the person creating the interest; and the transferee or the person in whose favour the interest is to be created or a legal practitioner authorised by the transferee or the person.\n(sec.11-ssec.2) A total or partial discharge or release of mortgage need only be signed by the mortgagee.\n(sec.11-ssec.3) For an instrument that is an electronic conveyancing document, subsections (1) and (2) apply subject to the form approved for the instrument under the Electronic Conveyancing National Law (Queensland) , section 7 .\n- (a) the transferor or the person creating the interest; and\n- (b) the transferee or the person in whose favour the interest is to be created or a legal practitioner authorised by the transferee or the person.","sortOrder":17},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Original mortgagee to confirm identity of mortgagor","content":"### sec.11A Original mortgagee to confirm identity of mortgagor\n\nThis section applies to—\nthe mortgaging of a lot or an interest in a lot; and\nan amendment of a mortgage mentioned in paragraph (a) .\nBefore the instrument of mortgage or amendment of mortgage is lodged for registration, the mortgagee under the instrument (the original mortgagee ) must take reasonable steps to ensure the person who is the mortgagor under the instrument is identical with the person who is, or who is about to become, the registered proprietor of the lot or the interest in a lot.\nFor subsection (2) , a person is the mortgagor under an instrument of mortgage or amendment of mortgage if the person executes the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) .\nAlso, for subsection (2) , a person is the mortgagor under an instrument of mortgage or amendment of mortgage if the instrument is an electronic conveyancing document and the person signs, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) —\nis required as a supporting document for the instrument of mortgage or amendment of mortgage; and\nis required to be kept by the original mortgagee.\nWithout limiting subsection (2) , the original mortgagee takes reasonable steps under the subsection if the original mortgagee complies with practices included in the manual of land title practice under section 9A for the verification of identification of mortgagors.\nThe original mortgagee must, for 7 years after the instrument is registered, and whether or not there is registered a transfer of the interest constituted by the mortgage—\nkeep a written record of the steps taken under subsection (2) ; or\nkeep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2) .\nMaximum penalty—20 penalty units.\nThe registrar may, whether before or after the registration of the instrument, and whether or not there has been registered a transfer of the interest constituted by the mortgage, ask the original mortgagee—\nto advise the registrar about the steps taken by the original mortgagee under subsection (2) ; and\nto produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .\nThe original mortgagee must comply with a request under subsection (5) unless the original mortgagee has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThis section applies to an instrument of mortgage only if it is executed after the commencement of this section.\ns 11A ins 2005 No. 68 s 53\namd 2010 No. 12 s 183 ; 2013 No. 17 s 34 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 12 s 89\n(sec.11A-ssec.1) This section applies to— the mortgaging of a lot or an interest in a lot; and an amendment of a mortgage mentioned in paragraph (a) .\n(sec.11A-ssec.2) Before the instrument of mortgage or amendment of mortgage is lodged for registration, the mortgagee under the instrument (the original mortgagee ) must take reasonable steps to ensure the person who is the mortgagor under the instrument is identical with the person who is, or who is about to become, the registered proprietor of the lot or the interest in a lot.\n(sec.11A-ssec.2A) For subsection (2) , a person is the mortgagor under an instrument of mortgage or amendment of mortgage if the person executes the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) .\n(sec.11A-ssec.2B) Also, for subsection (2) , a person is the mortgagor under an instrument of mortgage or amendment of mortgage if the instrument is an electronic conveyancing document and the person signs, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) — is required as a supporting document for the instrument of mortgage or amendment of mortgage; and is required to be kept by the original mortgagee.\n(sec.11A-ssec.3) Without limiting subsection (2) , the original mortgagee takes reasonable steps under the subsection if the original mortgagee complies with practices included in the manual of land title practice under section 9A for the verification of identification of mortgagors.\n(sec.11A-ssec.4) The original mortgagee must, for 7 years after the instrument is registered, and whether or not there is registered a transfer of the interest constituted by the mortgage— keep a written record of the steps taken under subsection (2) ; or keep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2) . Maximum penalty—20 penalty units.\n(sec.11A-ssec.5) The registrar may, whether before or after the registration of the instrument, and whether or not there has been registered a transfer of the interest constituted by the mortgage, ask the original mortgagee— to advise the registrar about the steps taken by the original mortgagee under subsection (2) ; and to produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .\n(sec.11A-ssec.6) The original mortgagee must comply with a request under subsection (5) unless the original mortgagee has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.11A-ssec.7) This section applies to an instrument of mortgage only if it is executed after the commencement of this section.\n- (a) the mortgaging of a lot or an interest in a lot; and\n- (b) an amendment of a mortgage mentioned in paragraph (a) .\n- (a) is required as a supporting document for the instrument of mortgage or amendment of mortgage; and\n- (b) is required to be kept by the original mortgagee.\n- (a) keep a written record of the steps taken under subsection (2) ; or\n- (b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2) .\n- (a) to advise the registrar about the steps taken by the original mortgagee under subsection (2) ; and\n- (b) to produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .","sortOrder":18},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Mortgage transferee to confirm identity of mortgagor","content":"### sec.11B Mortgage transferee to confirm identity of mortgagor\n\nThis section applies to the transfer of the interest constituted by the mortgage of a lot or an interest in a lot.\nBefore the instrument of transfer is lodged for registration, the transferee under the instrument of transfer (the mortgage transferee ) must take reasonable steps to ensure the person who was the mortgagor under the instrument of mortgage was identical with the person who, when the instrument of mortgage was registered, was the registered proprietor of the lot, or the interest in a lot.\nFor subsection (2) , a person was the mortgagor under an instrument of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) .\nAlso, for subsection (2) , a person was the mortgagor under an instrument of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) —\nwas required as a supporting document for the instrument of mortgage; and\nwas required to be kept by the original mortgagee mentioned in section 11A (2) .\nWithout limiting subsection (2) , the mortgage transferee takes reasonable steps under the subsection if the mortgage transferee complies with practices included in the manual of land title practice under section 9A for the verification of identification of mortgagors.\nThe mortgage transferee must, for 7 years after the instrument of transfer of the mortgage is registered, and whether or not there is registered a further transfer of the interest constituted by the mortgage—\nkeep a written record of the steps taken under subsection (2) ; or\nkeep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2) .\nMaximum penalty—20 penalty units.\nThe registrar may, whether before or after the registration of the instrument of transfer of the mortgage, and whether or not there has been registered a further transfer of the interest constituted by the mortgage, ask the mortgage transferee—\nto advise the registrar about the steps taken by the mortgage transferee under subsection (2) ; and\nto produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .\nThe mortgage transferee must comply with a request under subsection (5) unless the mortgage transferee has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThis section applies to an instrument of transfer of a mortgage only if the instrument of transfer is executed after the commencement of this section.\nHowever, this section applies in relation to an instrument of mortgage whenever executed.\ns 11B ins 2005 No. 68 s 53\namd 2013 No. 17 s 35 ; 2017 No. 10 s 42 sch 1 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 12 s 90\n(sec.11B-ssec.1) This section applies to the transfer of the interest constituted by the mortgage of a lot or an interest in a lot.\n(sec.11B-ssec.2) Before the instrument of transfer is lodged for registration, the transferee under the instrument of transfer (the mortgage transferee ) must take reasonable steps to ensure the person who was the mortgagor under the instrument of mortgage was identical with the person who, when the instrument of mortgage was registered, was the registered proprietor of the lot, or the interest in a lot.\n(sec.11B-ssec.2A) For subsection (2) , a person was the mortgagor under an instrument of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) .\n(sec.11B-ssec.2B) Also, for subsection (2) , a person was the mortgagor under an instrument of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) — was required as a supporting document for the instrument of mortgage; and was required to be kept by the original mortgagee mentioned in section 11A (2) .\n(sec.11B-ssec.3) Without limiting subsection (2) , the mortgage transferee takes reasonable steps under the subsection if the mortgage transferee complies with practices included in the manual of land title practice under section 9A for the verification of identification of mortgagors.\n(sec.11B-ssec.4) The mortgage transferee must, for 7 years after the instrument of transfer of the mortgage is registered, and whether or not there is registered a further transfer of the interest constituted by the mortgage— keep a written record of the steps taken under subsection (2) ; or keep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2) . Maximum penalty—20 penalty units.\n(sec.11B-ssec.5) The registrar may, whether before or after the registration of the instrument of transfer of the mortgage, and whether or not there has been registered a further transfer of the interest constituted by the mortgage, ask the mortgage transferee— to advise the registrar about the steps taken by the mortgage transferee under subsection (2) ; and to produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .\n(sec.11B-ssec.6) The mortgage transferee must comply with a request under subsection (5) unless the mortgage transferee has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.11B-ssec.7) This section applies to an instrument of transfer of a mortgage only if the instrument of transfer is executed after the commencement of this section.\n(sec.11B-ssec.8) However, this section applies in relation to an instrument of mortgage whenever executed.\n- (a) was required as a supporting document for the instrument of mortgage; and\n- (b) was required to be kept by the original mortgagee mentioned in section 11A (2) .\n- (a) keep a written record of the steps taken under subsection (2) ; or\n- (b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2) .\n- (a) to advise the registrar about the steps taken by the mortgage transferee under subsection (2) ; and\n- (b) to produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .","sortOrder":19},{"sectionNumber":"sec.12","sectionType":"section","heading":"Giving consent for dealings","content":"### sec.12 Giving consent for dealings\n\nSubject to subsections (2) to (4) , if the consent of a person is required or permitted for a dealing with a lot, the consent must be—\nwritten on the instrument for the dealing (the relevant instrument ); or\nif the registrar considers it appropriate—deposited with the relevant instrument.\nIf the relevant instrument is an electronic conveyancing document, the person is taken to have complied with subsection (1) if the consent—\nis in the form of an electronic conveyancing document; and\nis deposited with the relevant instrument.\nSubsection (4) applies if the relevant instrument is lodged or deposited in an electronic form by an electronic communication under—\nthis Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and\nthe Electronic Transactions (Queensland) Act 2001 .\nThe person is taken to have complied with subsection (1) if—\na method is used to identify the person and to indicate the person’s consent; and\nhaving regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and\nthe registrar consents to the requirement being met by using the method.\ns 12 amd 2003 No. 6 s 144\nsub 2013 No. 17 s 36\n(sec.12-ssec.1) Subject to subsections (2) to (4) , if the consent of a person is required or permitted for a dealing with a lot, the consent must be— written on the instrument for the dealing (the relevant instrument ); or if the registrar considers it appropriate—deposited with the relevant instrument.\n(sec.12-ssec.2) If the relevant instrument is an electronic conveyancing document, the person is taken to have complied with subsection (1) if the consent— is in the form of an electronic conveyancing document; and is deposited with the relevant instrument.\n(sec.12-ssec.3) Subsection (4) applies if the relevant instrument is lodged or deposited in an electronic form by an electronic communication under— this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and the Electronic Transactions (Queensland) Act 2001 .\n(sec.12-ssec.4) The person is taken to have complied with subsection (1) if— a method is used to identify the person and to indicate the person’s consent; and having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and the registrar consents to the requirement being met by using the method.\n- (a) written on the instrument for the dealing (the relevant instrument ); or\n- (b) if the registrar considers it appropriate—deposited with the relevant instrument.\n- (a) is in the form of an electronic conveyancing document; and\n- (b) is deposited with the relevant instrument.\n- (a) this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and\n- (b) the Electronic Transactions (Queensland) Act 2001 .\n- (a) a method is used to identify the person and to indicate the person’s consent; and\n- (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and\n- (c) the registrar consents to the requirement being met by using the method.","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 2013 No. 17 s 36","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Offence not to use appropriate form","content":"### sec.14 Offence not to use appropriate form\n\nIf there is an appropriate form for an instrument, a person must not knowingly use a form for the instrument that is not the appropriate form.\nMaximum penalty—20 penalty units.\ns 14 amd 1994 No. 33 s 4 (retro)\nsub 2003 No. 6 s 145","sortOrder":22},{"sectionNumber":"pt.2-div.2A","sectionType":"division","heading":"Electronic conveyancing documents","content":"## Electronic conveyancing documents","sortOrder":23},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Reference to a particular type of document includes its electronic conveyancing form","content":"### sec.14A Reference to a particular type of document includes its electronic conveyancing form\n\nA reference in this Act to a document of a type that may be lodged or deposited under this Act includes a reference to the document in the form of an electronic conveyancing document.\ns 14A ins 2013 No. 17 s 37","sortOrder":24},{"sectionNumber":"sec.14B","sectionType":"section","heading":"What is an electronic conveyancing document","content":"### sec.14B What is an electronic conveyancing document\n\nAn electronic conveyancing document is a document under the Electronic Conveyancing National Law (Queensland) that is lodged electronically under section 7 of that Law, in the land registry.\nUnder the Electronic Conveyancing National Law (Queensland) , schedule 1 , section 12 (1) , definition document , a document includes any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means.\nSubsection (3) applies to a document that is lodged or deposited in an electronic form by an electronic communication under—\nthis Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and\nthe Electronic Transactions (Queensland) Act 2001 .\nTo remove any doubt, it is declared that the document is not an electronic conveyancing document.\ns 14B ins 2013 No. 17 s 37\n(sec.14B-ssec.1) An electronic conveyancing document is a document under the Electronic Conveyancing National Law (Queensland) that is lodged electronically under section 7 of that Law, in the land registry. Under the Electronic Conveyancing National Law (Queensland) , schedule 1 , section 12 (1) , definition document , a document includes any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means.\n(sec.14B-ssec.2) Subsection (3) applies to a document that is lodged or deposited in an electronic form by an electronic communication under— this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and the Electronic Transactions (Queensland) Act 2001 .\n(sec.14B-ssec.3) To remove any doubt, it is declared that the document is not an electronic conveyancing document.\n- (a) this Act or another law, other than the Electronic Conveyancing National Law (Queensland) ; and\n- (b) the Electronic Transactions (Queensland) Act 2001 .","sortOrder":25},{"sectionNumber":"sec.14C","sectionType":"section","heading":"Signing or executing an electronic conveyancing document","content":"### sec.14C Signing or executing an electronic conveyancing document\n\nIf this Act provides for a document to be signed or executed and the document is an electronic conveyancing document, the document must be digitally signed as provided for under the Electronic Conveyancing National Law (Queensland) .\ns 14C ins 2013 No. 17 s 37","sortOrder":26},{"sectionNumber":"sec.14D","sectionType":"section","heading":"Registering an electronic conveyancing document","content":"### sec.14D Registering an electronic conveyancing document\n\nFor registering an electronic conveyancing document, the registrar may rely on a certification made under the participation rules determined under the Electronic Conveyancing National Law (Queensland) .\ns 14D ins 2020 No. 9 s 30","sortOrder":27},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Powers of the registrar","content":"## Powers of the registrar","sortOrder":28},{"sectionNumber":"sec.15","sectionType":"section","heading":"Registrar may correct registers","content":"### sec.15 Registrar may correct registers\n\nThe registrar may correct any register kept by the registrar if the registrar is satisfied that—\nthe register is incorrect; and\nthe correction will not prejudice the rights of the holder of an interest recorded in the register.\nWithout limiting subsection (1) , the registrar may correct a register under the subsection if—\nthe register is incorrect because the registrar has incorrectly recorded a particular or registered an instrument; or\nthe registrar has held an inquiry under division 4 , and has decided that the register is incorrect, including for example, because there has been fraud affecting the register.\nThe registrar may correct a register kept by the registrar, whether or not the correction will prejudice the rights of the holder of an interest recorded in the register, if—\nthe register to be corrected is the freehold land register, and the correction is to show, in relation to a lot, an easement the particulars of which have been omitted from, or misdescribed in, the register; or\nthe Supreme Court has ordered the correction under section 26 .\nSection 185 (3) , (4) and (6) applies for subsection (3) (a) in the same way it applies for section 185 (1) (c) .\nThe registrar’s power to correct a register includes power to correct a particular in the register or an instrument forming part of the register.\nIf a register is corrected, the registrar must record in the register—\nthe state of the register before the correction; and\nthe time, date and circumstances of the correction.\nA register corrected by the registrar under this section has the same effect as if the relevant error had not been made.\nFor subsection (1) (b) , the rights of the holder of an interest recorded in the register are not prejudiced if the holder acquired or has dealt with the interest with actual or constructive knowledge that the register was incorrect and how it was incorrect.\ns 15 amd 1994 No. 81 s 527 sch 5 ; 1997 No. 28 s 295 sch 3 ; 2005 No. 68 s 54\n(sec.15-ssec.1) The registrar may correct any register kept by the registrar if the registrar is satisfied that— the register is incorrect; and the correction will not prejudice the rights of the holder of an interest recorded in the register.\n(sec.15-ssec.2) Without limiting subsection (1) , the registrar may correct a register under the subsection if— the register is incorrect because the registrar has incorrectly recorded a particular or registered an instrument; or the registrar has held an inquiry under division 4 , and has decided that the register is incorrect, including for example, because there has been fraud affecting the register.\n(sec.15-ssec.3) The registrar may correct a register kept by the registrar, whether or not the correction will prejudice the rights of the holder of an interest recorded in the register, if— the register to be corrected is the freehold land register, and the correction is to show, in relation to a lot, an easement the particulars of which have been omitted from, or misdescribed in, the register; or the Supreme Court has ordered the correction under section 26 .\n(sec.15-ssec.4) Section 185 (3) , (4) and (6) applies for subsection (3) (a) in the same way it applies for section 185 (1) (c) .\n(sec.15-ssec.5) The registrar’s power to correct a register includes power to correct a particular in the register or an instrument forming part of the register.\n(sec.15-ssec.6) If a register is corrected, the registrar must record in the register— the state of the register before the correction; and the time, date and circumstances of the correction.\n(sec.15-ssec.7) A register corrected by the registrar under this section has the same effect as if the relevant error had not been made.\n(sec.15-ssec.8) For subsection (1) (b) , the rights of the holder of an interest recorded in the register are not prejudiced if the holder acquired or has dealt with the interest with actual or constructive knowledge that the register was incorrect and how it was incorrect.\n- (a) the register is incorrect; and\n- (b) the correction will not prejudice the rights of the holder of an interest recorded in the register.\n- (a) the register is incorrect because the registrar has incorrectly recorded a particular or registered an instrument; or\n- (b) the registrar has held an inquiry under division 4 , and has decided that the register is incorrect, including for example, because there has been fraud affecting the register.\n- (a) the register to be corrected is the freehold land register, and the correction is to show, in relation to a lot, an easement the particulars of which have been omitted from, or misdescribed in, the register; or\n- (b) the Supreme Court has ordered the correction under section 26 .\n- (a) the state of the register before the correction; and\n- (b) the time, date and circumstances of the correction.","sortOrder":29},{"sectionNumber":"sec.16","sectionType":"section","heading":"Lot-on-plan description","content":"### sec.16 Lot-on-plan description\n\nThe registrar may simplify the description of a lot registered in the freehold land register by amending the existing description to a lot-on-plan description.","sortOrder":30},{"sectionNumber":"sec.17","sectionType":"section","heading":"Registrar may prepare and register caveat","content":"### sec.17 Registrar may prepare and register caveat\n\nThe registrar may prepare and register a caveat over a lot, or an interest in a lot, in favour of a person.\nThe registrar may act under subsection (1) to prevent a dealing with the lot that may prejudice—\nthe Commonwealth, a State or a local government; or\na minor; or\na person who is intellectually or mentally impaired or is incapable of managing the person’s own affairs; or\na person who is absent from the State; or\na person because of—\nmisdescription of the lot or its boundaries; or\nfraud or forgery; or\na person to whom a notice has been given, or has been required to be given, under section 30 (3) ; or\na person, other than a person mentioned in any of paragraphs (a) to (f) , who has an interest in the lot.\nAlso, the registrar may act under subsection (1) to prevent a dealing with a lot to give effect to an order of a court of competent jurisdiction directed to the registrar.\nSubsection (2) (g) applies only if the registrar is satisfied, because of the nature or urgency of particular circumstances, there is no practicable alternative to registering the caveat.\ns 17 amd 1997 No. 28 s 295 sch 3 ; 2005 No. 68 s 55\n(sec.17-ssec.1) The registrar may prepare and register a caveat over a lot, or an interest in a lot, in favour of a person.\n(sec.17-ssec.2) The registrar may act under subsection (1) to prevent a dealing with the lot that may prejudice— the Commonwealth, a State or a local government; or a minor; or a person who is intellectually or mentally impaired or is incapable of managing the person’s own affairs; or a person who is absent from the State; or a person because of— misdescription of the lot or its boundaries; or fraud or forgery; or a person to whom a notice has been given, or has been required to be given, under section 30 (3) ; or a person, other than a person mentioned in any of paragraphs (a) to (f) , who has an interest in the lot.\n(sec.17-ssec.3) Also, the registrar may act under subsection (1) to prevent a dealing with a lot to give effect to an order of a court of competent jurisdiction directed to the registrar.\n(sec.17-ssec.4) Subsection (2) (g) applies only if the registrar is satisfied, because of the nature or urgency of particular circumstances, there is no practicable alternative to registering the caveat.\n- (a) the Commonwealth, a State or a local government; or\n- (b) a minor; or\n- (c) a person who is intellectually or mentally impaired or is incapable of managing the person’s own affairs; or\n- (d) a person who is absent from the State; or\n- (e) a person because of— (i) misdescription of the lot or its boundaries; or (ii) fraud or forgery; or\n- (i) misdescription of the lot or its boundaries; or\n- (ii) fraud or forgery; or\n- (f) a person to whom a notice has been given, or has been required to be given, under section 30 (3) ; or\n- (g) a person, other than a person mentioned in any of paragraphs (a) to (f) , who has an interest in the lot.\n- (i) misdescription of the lot or its boundaries; or\n- (ii) fraud or forgery; or","sortOrder":31},{"sectionNumber":"sec.18","sectionType":"section","heading":"Registrar may require public notice to be given of certain proposed action","content":"### sec.18 Registrar may require public notice to be given of certain proposed action\n\nThis section applies if a person (the applicant ) asks the registrar to do any of the following things—\nregister the person as an adverse possessor;\nregister a transmission of a registered interest;\ndispense with production of an instrument.\nThe registrar may, by written notice, require the applicant to give public notice of the request.\nHowever, if the applicant has asked the registrar to register the person as an adverse possessor, the registrar must require the applicant to give public notice of the request.\nThe registrar may specify in the notice to the applicant—\nwhat is to be included in the public notice; and\nhow many times the public notice is to be published; and\nhow and when the public notice is to be published.\nThe applicant must satisfy the registrar that the public notice has been given as required by the registrar.\ns 18 amd 2013 No. 23 s 352 sch 1 pt 1\n(sec.18-ssec.1) This section applies if a person (the applicant ) asks the registrar to do any of the following things— register the person as an adverse possessor; register a transmission of a registered interest; dispense with production of an instrument.\n(sec.18-ssec.2) The registrar may, by written notice, require the applicant to give public notice of the request.\n(sec.18-ssec.3) However, if the applicant has asked the registrar to register the person as an adverse possessor, the registrar must require the applicant to give public notice of the request.\n(sec.18-ssec.4) The registrar may specify in the notice to the applicant— what is to be included in the public notice; and how many times the public notice is to be published; and how and when the public notice is to be published.\n(sec.18-ssec.5) The applicant must satisfy the registrar that the public notice has been given as required by the registrar.\n- (a) register the person as an adverse possessor;\n- (b) register a transmission of a registered interest;\n- (c) dispense with production of an instrument.\n- (a) what is to be included in the public notice; and\n- (b) how many times the public notice is to be published; and\n- (c) how and when the public notice is to be published.","sortOrder":32},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Pre-examination of plans","content":"### sec.18A Pre-examination of plans\n\nNothing in this Act prevents the registrar from examining a plan of survey and related instruments deposited before the plan—\nis approved by a local government; or\nis lodged for registration.\nSection 156 applies to a plan and related instruments deposited under subsection (1) .\ns 18A ins 1994 No. 81 s 526 sch 4\namd 2001 No. 57 s 7 ; 2010 No. 12 s 184\n(sec.18A-ssec.1) Nothing in this Act prevents the registrar from examining a plan of survey and related instruments deposited before the plan— is approved by a local government; or is lodged for registration.\n(sec.18A-ssec.2) Section 156 applies to a plan and related instruments deposited under subsection (1) .\n- (a) is approved by a local government; or\n- (b) is lodged for registration.","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Inquiries","content":"## Inquiries","sortOrder":34},{"sectionNumber":"sec.19","sectionType":"section","heading":"Registrar may decide to hold inquiry","content":"### sec.19 Registrar may decide to hold inquiry\n\nThe registrar may decide to hold an inquiry under this division—\nto decide whether a register should be corrected; or\nto consider whether a person has fraudulently or wrongfully—\nobtained, kept or procured an instrument affecting land in a register; or\nprocured a particular in a register or an endorsement on an instrument affecting land; or\nto consider whether a fraud affecting the land registry has otherwise been committed; or\nto otherwise consider an issue arising from the lodgement or registration of an instrument in the land registry; or\nin circumstances prescribed by regulation.\ns 19 amd 2005 No. 68 s 56\n- (a) to decide whether a register should be corrected; or\n- (b) to consider whether a person has fraudulently or wrongfully— (i) obtained, kept or procured an instrument affecting land in a register; or (ii) procured a particular in a register or an endorsement on an instrument affecting land; or\n- (i) obtained, kept or procured an instrument affecting land in a register; or\n- (ii) procured a particular in a register or an endorsement on an instrument affecting land; or\n- (c) to consider whether a fraud affecting the land registry has otherwise been committed; or\n- (d) to otherwise consider an issue arising from the lodgement or registration of an instrument in the land registry; or\n- (e) in circumstances prescribed by regulation.\n- (i) obtained, kept or procured an instrument affecting land in a register; or\n- (ii) procured a particular in a register or an endorsement on an instrument affecting land; or","sortOrder":35},{"sectionNumber":"sec.20","sectionType":"section","heading":"Registrar’s duties on inquiry","content":"### sec.20 Registrar’s duties on inquiry\n\nWhen conducting the inquiry, the registrar—\nmust observe natural justice; and\nmust act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\n- (a) must observe natural justice; and\n- (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.","sortOrder":36},{"sectionNumber":"sec.21","sectionType":"section","heading":"Registrar may decide procedures","content":"### sec.21 Registrar may decide procedures\n\nThe registrar—\nis not bound by the rules of evidence; and\nmay inform himself or herself in any way the registrar considers appropriate; and\nmay decide the procedures to be followed at the inquiry.\nHowever, the registrar must comply with this division and the procedural rules that may be prescribed by regulation.\n(sec.21-ssec.1) The registrar— is not bound by the rules of evidence; and may inform himself or herself in any way the registrar considers appropriate; and may decide the procedures to be followed at the inquiry.\n(sec.21-ssec.2) However, the registrar must comply with this division and the procedural rules that may be prescribed by regulation.\n- (a) is not bound by the rules of evidence; and\n- (b) may inform himself or herself in any way the registrar considers appropriate; and\n- (c) may decide the procedures to be followed at the inquiry.","sortOrder":37},{"sectionNumber":"sec.22","sectionType":"section","heading":"Registrar’s powers on inquiry","content":"### sec.22 Registrar’s powers on inquiry\n\nIn conducting the inquiry, the registrar may—\nact in the absence of a person who has been given reasonable notice; and\nreceive evidence on oath or affirmation or by statutory declaration; and\nadjourn the inquiry; and\ndisregard a defect, error or insufficiency in a document; and\npermit or refuse to permit a person (including a legal practitioner) to represent someone at the inquiry.\nThe registrar may administer an oath or affirmation to a person appearing as a witness before the inquiry.\ns 22 amd 2004 No. 11 s 596 sch 1 ; 2013 No. 23 s 352 sch 1 pt 1\n(sec.22-ssec.1) In conducting the inquiry, the registrar may— act in the absence of a person who has been given reasonable notice; and receive evidence on oath or affirmation or by statutory declaration; and adjourn the inquiry; and disregard a defect, error or insufficiency in a document; and permit or refuse to permit a person (including a legal practitioner) to represent someone at the inquiry.\n(sec.22-ssec.2) The registrar may administer an oath or affirmation to a person appearing as a witness before the inquiry.\n- (a) act in the absence of a person who has been given reasonable notice; and\n- (b) receive evidence on oath or affirmation or by statutory declaration; and\n- (c) adjourn the inquiry; and\n- (d) disregard a defect, error or insufficiency in a document; and\n- (e) permit or refuse to permit a person (including a legal practitioner) to represent someone at the inquiry.","sortOrder":38},{"sectionNumber":"sec.23","sectionType":"section","heading":"Notice to witness","content":"### sec.23 Notice to witness\n\nThe registrar may, by written notice given to a person, require the person to attend the inquiry at a specified time and place as a witness to give evidence or produce specified documents or things.\nWithout limiting subsection (1) , any of the following persons may be required to attend the inquiry—\na person who may have helped another person act fraudulently or wrongfully in a way mentioned in section 19 (b) ;\na person who is a party to a transaction that may have resulted in a fraud affecting the land registry;\na person who may have contributed directly or indirectly to a fraud affecting the land registry.\nA person required to appear as a witness before the inquiry is entitled to the reasonable witness fees decided by the registrar.\ns 23 amd 2005 No. 68 s 57 ; 2021 No. 12 s 101\n(sec.23-ssec.1) The registrar may, by written notice given to a person, require the person to attend the inquiry at a specified time and place as a witness to give evidence or produce specified documents or things.\n(sec.23-ssec.2) Without limiting subsection (1) , any of the following persons may be required to attend the inquiry— a person who may have helped another person act fraudulently or wrongfully in a way mentioned in section 19 (b) ; a person who is a party to a transaction that may have resulted in a fraud affecting the land registry; a person who may have contributed directly or indirectly to a fraud affecting the land registry.\n(sec.23-ssec.3) A person required to appear as a witness before the inquiry is entitled to the reasonable witness fees decided by the registrar.\n- (a) a person who may have helped another person act fraudulently or wrongfully in a way mentioned in section 19 (b) ;\n- (b) a person who is a party to a transaction that may have resulted in a fraud affecting the land registry;\n- (c) a person who may have contributed directly or indirectly to a fraud affecting the land registry.","sortOrder":39},{"sectionNumber":"sec.24","sectionType":"section","heading":"Offences by witnesses","content":"### sec.24 Offences by witnesses\n\nA person who is given a notice under section 23 must not—\nfail, without reasonable excuse, to attend as required by the notice; or\nfail, without reasonable excuse, to continue to attend at the inquiry as required by the registrar until excused from further attendance.\nMaximum penalty—35 penalty units.\nA person appearing as a witness at the inquiry must not—\nfail to take an oath or make an affirmation when required by the registrar; or\nfail, without reasonable excuse, to answer a question the person is required to answer by the registrar; or\nfail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 23 .\nMaximum penalty—35 penalty units.\nIt is a reasonable excuse for a person to fail to answer a question or produce a document or thing if answering the question or producing the document or thing might tend to incriminate the person.\ns 24 amd 2001 No. 57 s 7\n(sec.24-ssec.1) A person who is given a notice under section 23 must not— fail, without reasonable excuse, to attend as required by the notice; or fail, without reasonable excuse, to continue to attend at the inquiry as required by the registrar until excused from further attendance. Maximum penalty—35 penalty units.\n(sec.24-ssec.2) A person appearing as a witness at the inquiry must not— fail to take an oath or make an affirmation when required by the registrar; or fail, without reasonable excuse, to answer a question the person is required to answer by the registrar; or fail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 23 . Maximum penalty—35 penalty units.\n(sec.24-ssec.3) It is a reasonable excuse for a person to fail to answer a question or produce a document or thing if answering the question or producing the document or thing might tend to incriminate the person.\n- (a) fail, without reasonable excuse, to attend as required by the notice; or\n- (b) fail, without reasonable excuse, to continue to attend at the inquiry as required by the registrar until excused from further attendance.\n- (a) fail to take an oath or make an affirmation when required by the registrar; or\n- (b) fail, without reasonable excuse, to answer a question the person is required to answer by the registrar; or\n- (c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 23 .","sortOrder":40},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Registrar may refer matter to the Supreme Court","content":"## Registrar may refer matter to the Supreme Court","sortOrder":41},{"sectionNumber":"sec.25","sectionType":"section","heading":"Referral to Supreme Court from inquiry","content":"### sec.25 Referral to Supreme Court from inquiry\n\nIf, in an inquiry under division 4 , a person—\nfails to attend as required by a notice given under section 23 ; or\nfails to continue to attend as required by the registrar; or\nfails to take an oath or make an affirmation when required by the registrar; or\nfails to answer a question the person is required to answer by the registrar; or\nfails to produce a document or thing the person is required to produce by a notice under section 23 ;\nthe registrar may apply to the Supreme Court for an order to compel the person to comply with the notice or requirement.\nThe Supreme Court may make any order to assist the registrar in the registrar’s conduct of the inquiry that the Supreme Court considers appropriate.\ns 25 amd 2001 No. 57 s 7\n(sec.25-ssec.1) If, in an inquiry under division 4 , a person— fails to attend as required by a notice given under section 23 ; or fails to continue to attend as required by the registrar; or fails to take an oath or make an affirmation when required by the registrar; or fails to answer a question the person is required to answer by the registrar; or fails to produce a document or thing the person is required to produce by a notice under section 23 ; the registrar may apply to the Supreme Court for an order to compel the person to comply with the notice or requirement.\n(sec.25-ssec.2) The Supreme Court may make any order to assist the registrar in the registrar’s conduct of the inquiry that the Supreme Court considers appropriate.\n- (a) fails to attend as required by a notice given under section 23 ; or\n- (b) fails to continue to attend as required by the registrar; or\n- (c) fails to take an oath or make an affirmation when required by the registrar; or\n- (d) fails to answer a question the person is required to answer by the registrar; or\n- (e) fails to produce a document or thing the person is required to produce by a notice under section 23 ;","sortOrder":42},{"sectionNumber":"sec.26","sectionType":"section","heading":"Other referrals by the registrar to the Supreme Court","content":"### sec.26 Other referrals by the registrar to the Supreme Court\n\nIn any matter under this Act, the registrar may—\napply to the Supreme Court for directions; or\nstate a case for decision by the Supreme Court; or\nrefer a finding of an inquiry to the Supreme Court, seeking—\nan order for the registrar or another person to take a stated action, including for example an order for the registrar to correct a register; or\nan order the court considers appropriate in the circumstances.\ns 26 amd 2005 No. 68 s 58\n- (a) apply to the Supreme Court for directions; or\n- (b) state a case for decision by the Supreme Court; or\n- (c) refer a finding of an inquiry to the Supreme Court, seeking— (i) an order for the registrar or another person to take a stated action, including for example an order for the registrar to correct a register; or (ii) an order the court considers appropriate in the circumstances.\n- (i) an order for the registrar or another person to take a stated action, including for example an order for the registrar to correct a register; or\n- (ii) an order the court considers appropriate in the circumstances.\n- (i) an order for the registrar or another person to take a stated action, including for example an order for the registrar to correct a register; or\n- (ii) an order the court considers appropriate in the circumstances.","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":"Freehold land register","content":"# Freehold land register","sortOrder":44},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":45},{"sectionNumber":"sec.27","sectionType":"section","heading":"Registrar must keep register","content":"### sec.27 Registrar must keep register\n\nThe registrar must keep a register of freehold land (the freehold land register ).","sortOrder":46},{"sectionNumber":"sec.28","sectionType":"section","heading":"Particulars the registrar must record","content":"### sec.28 Particulars the registrar must record\n\nThe registrar must record in the freehold land register the particulars necessary to identify—\nevery lot brought under this Act; and\nevery interest registered in the register; and\nthe name of the person who holds, and the name of each person who has held, a registered interest; and\nif the person who holds a registered interest is a minor—the minor’s date of birth; and\nall instruments registered in the register and when they were lodged and registered.\nThe registrar must also record in the freehold land register anything else required to be recorded by this or another Act.\n(sec.28-ssec.1) The registrar must record in the freehold land register the particulars necessary to identify— every lot brought under this Act; and every interest registered in the register; and the name of the person who holds, and the name of each person who has held, a registered interest; and if the person who holds a registered interest is a minor—the minor’s date of birth; and all instruments registered in the register and when they were lodged and registered.\n(sec.28-ssec.2) The registrar must also record in the freehold land register anything else required to be recorded by this or another Act.\n- (a) every lot brought under this Act; and\n- (b) every interest registered in the register; and\n- (c) the name of the person who holds, and the name of each person who has held, a registered interest; and\n- (d) if the person who holds a registered interest is a minor—the minor’s date of birth; and\n- (e) all instruments registered in the register and when they were lodged and registered.","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Particulars the registrar may record","content":"### sec.29 Particulars the registrar may record\n\nThe registrar may record in the freehold land register anything that the registrar is permitted to record by this or another Act.\nThe registrar may also record in the freehold land register anything that the registrar considers should be recorded to ensure that the register is an accurate, comprehensive and usable record of freehold land in the State.\n(sec.29-ssec.1) The registrar may record in the freehold land register anything that the registrar is permitted to record by this or another Act.\n(sec.29-ssec.2) The registrar may also record in the freehold land register anything that the registrar considers should be recorded to ensure that the register is an accurate, comprehensive and usable record of freehold land in the State.","sortOrder":48},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Particulars the registrar may remove","content":"### sec.29A Particulars the registrar may remove\n\nThe registrar may remove from the freehold land register anything recorded under section 28 (2) or 29 if—\nthe registrar no longer considers the thing should be recorded to ensure the freehold land register is an accurate, comprehensive and usable record of freehold land in the State; and\nthe removal of the thing will not prejudice the rights of the holder of an interest recorded in the register.\ns 29A ins 2019 No. 7 s 225\n- (a) the registrar no longer considers the thing should be recorded to ensure the freehold land register is an accurate, comprehensive and usable record of freehold land in the State; and\n- (b) the removal of the thing will not prejudice the rights of the holder of an interest recorded in the register.","sortOrder":49},{"sectionNumber":"sec.30","sectionType":"section","heading":"Registrar must register instruments","content":"### sec.30 Registrar must register instruments\n\nOn lodgement of an instrument, the registrar must register the instrument if—\nthe person who lodged it complies with the requirements of this Act for its registration; and\nthe instrument is not inconsistent with another Act or law; and\nif the instrument is a plan of survey—it is not inconsistent with another plan of survey.\nHowever, subsection (1) does not prevent the person from withdrawing the instrument.\nIf the instrument is a plan of survey and it is inconsistent with another plan of survey, the registrar may—\ngive a written notice to a registered proprietor of a lot that may be affected by registration of the plan of survey; or\nrequire the person who lodged the instrument to give a written notice, in the way the registrar requires, to a person mentioned in paragraph (a) .\ns 30 amd 1998 No. 48 s 15 ; 2004 No. 71 s 74 ; 2005 No. 68 s 59\n(sec.30-ssec.1) On lodgement of an instrument, the registrar must register the instrument if— the person who lodged it complies with the requirements of this Act for its registration; and the instrument is not inconsistent with another Act or law; and if the instrument is a plan of survey—it is not inconsistent with another plan of survey.\n(sec.30-ssec.2) However, subsection (1) does not prevent the person from withdrawing the instrument.\n(sec.30-ssec.3) If the instrument is a plan of survey and it is inconsistent with another plan of survey, the registrar may— give a written notice to a registered proprietor of a lot that may be affected by registration of the plan of survey; or require the person who lodged the instrument to give a written notice, in the way the registrar requires, to a person mentioned in paragraph (a) .\n- (a) the person who lodged it complies with the requirements of this Act for its registration; and\n- (b) the instrument is not inconsistent with another Act or law; and\n- (c) if the instrument is a plan of survey—it is not inconsistent with another plan of survey.\n- (a) give a written notice to a registered proprietor of a lot that may be affected by registration of the plan of survey; or\n- (b) require the person who lodged the instrument to give a written notice, in the way the registrar requires, to a person mentioned in paragraph (a) .","sortOrder":50},{"sectionNumber":"sec.31","sectionType":"section","heading":"Instruments form part of the freehold land register","content":"### sec.31 Instruments form part of the freehold land register\n\nOn registration of an instrument in the freehold land register, the instrument forms part of the register.","sortOrder":51},{"sectionNumber":"sec.32","sectionType":"section","heading":"Registrar’s procedures on lodgement and registration of instrument","content":"### sec.32 Registrar’s procedures on lodgement and registration of instrument\n\nWhen an instrument is lodged in the land registry, the registrar must note on the instrument—\nthe date and time of lodgement; and\nan identifying reference.\nWhen the instrument is registered, the registrar must record the information mentioned in subsection (1) (a) and (b) in the appropriate register.\ns 32 sub 2005 No. 68 s 60\n(sec.32-ssec.1) When an instrument is lodged in the land registry, the registrar must note on the instrument— the date and time of lodgement; and an identifying reference.\n(sec.32-ssec.2) When the instrument is registered, the registrar must record the information mentioned in subsection (1) (a) and (b) in the appropriate register.\n- (a) the date and time of lodgement; and\n- (b) an identifying reference.","sortOrder":52},{"sectionNumber":"sec.33","sectionType":"section","heading":"Separate part of the freehold land register for powers of attorney","content":"### sec.33 Separate part of the freehold land register for powers of attorney\n\nThe registrar must keep a separate part of the freehold land register for registered powers of attorney.","sortOrder":53},{"sectionNumber":"sec.34","sectionType":"section","heading":"Other information not part of the freehold land register","content":"### sec.34 Other information not part of the freehold land register\n\nThe registrar may keep separately from the freehold land register information that the registrar considers necessary or desirable for the effective or efficient operation of the register.\nThe information may include information given to the registrar by another entity.\nA relevant entity is not civilly liable for an act done, or omission made, honestly and without negligence in relation to the giving or keeping of information under this section.\nWithout limiting subsection (3) , a relevant entity other than the registrar is not civilly liable in relation to the giving or keeping of inaccurate information under this section if the relevant entity did not give the information to the registrar for keeping under this section.\nIn this section—\nrelevant entity means—\nthe registrar; or\nthe chief executive; or\nthe Minister; or\nthe State.\ns 34 amd 2005 No. 68 s 61\n(sec.34-ssec.1) The registrar may keep separately from the freehold land register information that the registrar considers necessary or desirable for the effective or efficient operation of the register.\n(sec.34-ssec.2) The information may include information given to the registrar by another entity.\n(sec.34-ssec.3) A relevant entity is not civilly liable for an act done, or omission made, honestly and without negligence in relation to the giving or keeping of information under this section.\n(sec.34-ssec.4) Without limiting subsection (3) , a relevant entity other than the registrar is not civilly liable in relation to the giving or keeping of inaccurate information under this section if the relevant entity did not give the information to the registrar for keeping under this section.\n(sec.34-ssec.5) In this section— relevant entity means— the registrar; or the chief executive; or the Minister; or the State.\n- (a) the registrar; or\n- (b) the chief executive; or\n- (c) the Minister; or\n- (d) the State.","sortOrder":54},{"sectionNumber":"sec.35","sectionType":"section","heading":"Entitlement to search register","content":"### sec.35 Entitlement to search register\n\nA person may, on payment of the relevant titles registry fee—\nsearch and obtain a copy of—\nthe indefeasible title of a lot; or\na registered instrument; or\nan instrument that has been lodged but is not registered (whether or not it has been cancelled); or\ninformation kept under this Act; and\nobtain a copy of the indefeasible title of a lot, or a registered instrument, certified by the registrar to be an accurate copy.\nSubsection (1) (a) (iii) does not apply to an instrument that has been destroyed by the registrar.\nA search under subsection (1) may be carried out at, or a copy mentioned in subsection (1) obtained from, an office of the land registry during office hours on a day the office is open for business.\nAlso, a search under subsection (1) may be carried out by, or a copy mentioned in subsection (1) obtained from, an entity engaged by the registrar for allowing persons to search the land registry or obtain copies of indefeasible titles, registered or other instruments, or information, kept in the registry.\nThe registrar may allow a person to carry out a search under subsection (1) (a) for—\nonly part of an indefeasible title for a lot; or\nonly part of an instrument; or\nonly part of the information about an instrument.\nThe registrar may enter into an arrangement with a department allowing the department to carry out a search, or obtain a copy, under this section without payment of the fee mentioned in subsection (1) .\nHowever, the registrar may enter into an arrangement under subsection (6) only if the registrar is reasonably satisfied the information obtained from the search or the copy will not be—\nused for a commercial purpose, including, for example, the marketing or sale of the information or other information; or\nincluded in another database of information, in any form, other than with approval from the registrar.\nIf the registrar delegates the registrar’s functions of keeping the land registry to the titles registry operator, subsections (4) , (6) and (7) apply as if each reference to the registrar were a reference to the operator.\ns 35 amd 2005 No. 68 s 62 ; 2014 No. 29 s 104 ; 2021 No. 12 s 102\n(sec.35-ssec.1) A person may, on payment of the relevant titles registry fee— search and obtain a copy of— the indefeasible title of a lot; or a registered instrument; or an instrument that has been lodged but is not registered (whether or not it has been cancelled); or information kept under this Act; and obtain a copy of the indefeasible title of a lot, or a registered instrument, certified by the registrar to be an accurate copy.\n(sec.35-ssec.2) Subsection (1) (a) (iii) does not apply to an instrument that has been destroyed by the registrar.\n(sec.35-ssec.3) A search under subsection (1) may be carried out at, or a copy mentioned in subsection (1) obtained from, an office of the land registry during office hours on a day the office is open for business.\n(sec.35-ssec.4) Also, a search under subsection (1) may be carried out by, or a copy mentioned in subsection (1) obtained from, an entity engaged by the registrar for allowing persons to search the land registry or obtain copies of indefeasible titles, registered or other instruments, or information, kept in the registry.\n(sec.35-ssec.5) The registrar may allow a person to carry out a search under subsection (1) (a) for— only part of an indefeasible title for a lot; or only part of an instrument; or only part of the information about an instrument.\n(sec.35-ssec.6) The registrar may enter into an arrangement with a department allowing the department to carry out a search, or obtain a copy, under this section without payment of the fee mentioned in subsection (1) .\n(sec.35-ssec.7) However, the registrar may enter into an arrangement under subsection (6) only if the registrar is reasonably satisfied the information obtained from the search or the copy will not be— used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or included in another database of information, in any form, other than with approval from the registrar.\n(sec.35-ssec.8) If the registrar delegates the registrar’s functions of keeping the land registry to the titles registry operator, subsections (4) , (6) and (7) apply as if each reference to the registrar were a reference to the operator.\n- (a) search and obtain a copy of— (i) the indefeasible title of a lot; or (ii) a registered instrument; or (iii) an instrument that has been lodged but is not registered (whether or not it has been cancelled); or (iv) information kept under this Act; and\n- (i) the indefeasible title of a lot; or\n- (ii) a registered instrument; or\n- (iii) an instrument that has been lodged but is not registered (whether or not it has been cancelled); or\n- (iv) information kept under this Act; and\n- (b) obtain a copy of the indefeasible title of a lot, or a registered instrument, certified by the registrar to be an accurate copy.\n- (i) the indefeasible title of a lot; or\n- (ii) a registered instrument; or\n- (iii) an instrument that has been lodged but is not registered (whether or not it has been cancelled); or\n- (iv) information kept under this Act; and\n- (a) only part of an indefeasible title for a lot; or\n- (b) only part of an instrument; or\n- (c) only part of the information about an instrument.\n- (a) used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or\n- (b) included in another database of information, in any form, other than with approval from the registrar.","sortOrder":55},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Fee required to produce document under subpoena etc.","content":"### sec.35A Fee required to produce document under subpoena etc.\n\nThis section applies if a fee is payable under section 35 (1) for a person to obtain a copy of a document and—\na subpoena requires the document to be produced; or\na person has applied under the Evidence Act 1977 , section 134A for the document to be produced for inspection.\nDespite any other law or rule of court, the registrar is not required to produce, or provide a copy of, the document until the fee mentioned in section 35 (1) is paid.\nSubsection (2) does not apply if a department is not required to pay a fee for the document under an agreement mentioned in section 35 (6) .\ns 35A ins 2013 No. 23 s 111\n(sec.35A-ssec.1) This section applies if a fee is payable under section 35 (1) for a person to obtain a copy of a document and— a subpoena requires the document to be produced; or a person has applied under the Evidence Act 1977 , section 134A for the document to be produced for inspection.\n(sec.35A-ssec.2) Despite any other law or rule of court, the registrar is not required to produce, or provide a copy of, the document until the fee mentioned in section 35 (1) is paid.\n(sec.35A-ssec.3) Subsection (2) does not apply if a department is not required to pay a fee for the document under an agreement mentioned in section 35 (6) .\n- (a) a subpoena requires the document to be produced; or\n- (b) a person has applied under the Evidence Act 1977 , section 134A for the document to be produced for inspection.","sortOrder":56},{"sectionNumber":"sec.36","sectionType":"section","heading":"Evidentiary effect of certified copies of documents","content":"### sec.36 Evidentiary effect of certified copies of documents\n\nA document purporting to be a certified copy of the indefeasible title of a lot obtained under section 35 (1) (b) is evidence of the indefeasible title.\nA document purporting to be a certified copy of a registered instrument obtained under section 35 (1) (b) is evidence of the registered instrument.\ns 36 amd 2001 No. 57 s 7\n(sec.36-ssec.1) A document purporting to be a certified copy of the indefeasible title of a lot obtained under section 35 (1) (b) is evidence of the indefeasible title.\n(sec.36-ssec.2) A document purporting to be a certified copy of a registered instrument obtained under section 35 (1) (b) is evidence of the registered instrument.","sortOrder":57},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Indefeasible title","content":"## Indefeasible title","sortOrder":58},{"sectionNumber":"sec.37","sectionType":"section","heading":"Creation of indefeasible title","content":"### sec.37 Creation of indefeasible title\n\nAn indefeasible title for a lot is created on the recording of the particulars of the lot in the freehold land register.","sortOrder":59},{"sectionNumber":"sec.38","sectionType":"section","heading":"Meaning of indefeasible title","content":"### sec.38 Meaning of indefeasible title\n\nThe indefeasible title for a lot is the current particulars in the freehold land register about the lot.","sortOrder":60},{"sectionNumber":"sec.39","sectionType":"section","heading":"Single indefeasible title for 2 or more lots","content":"### sec.39 Single indefeasible title for 2 or more lots\n\nThe registrar may create a single indefeasible title for 2 or more lots that have the same registered owner by including a single set of particulars for the lots in the freehold land register.\nThe registrar may act under this section if the registrar considers that, in the special circumstances of the case, it is appropriate for the lots to have a single indefeasible title.\nWithout limiting subsection (2) , the registrar may act under this section if the lots—\nshare a common boundary; or\nhave a boundary that adjoins the same part of a road or watercourse.\n(sec.39-ssec.1) The registrar may create a single indefeasible title for 2 or more lots that have the same registered owner by including a single set of particulars for the lots in the freehold land register.\n(sec.39-ssec.2) The registrar may act under this section if the registrar considers that, in the special circumstances of the case, it is appropriate for the lots to have a single indefeasible title.\n(sec.39-ssec.3) Without limiting subsection (2) , the registrar may act under this section if the lots— share a common boundary; or have a boundary that adjoins the same part of a road or watercourse.\n- (a) share a common boundary; or\n- (b) have a boundary that adjoins the same part of a road or watercourse.","sortOrder":61},{"sectionNumber":"sec.40","sectionType":"section","heading":"Separation of single indefeasible title for 2 or more lots","content":"### sec.40 Separation of single indefeasible title for 2 or more lots\n\nIf the registrar has created a single indefeasible title for 2 or more lots, the registrar may create separate indefeasible titles for any of the lots by cancelling the single set of particulars for the lots in the freehold land register and including separate particulars for the lots.\nThis section does not prevent the registrar from also acting under section 39 for 2 or more of the lots.\ns 40 amd 2001 No. 57 s 7\n(sec.40-ssec.1) If the registrar has created a single indefeasible title for 2 or more lots, the registrar may create separate indefeasible titles for any of the lots by cancelling the single set of particulars for the lots in the freehold land register and including separate particulars for the lots.\n(sec.40-ssec.2) This section does not prevent the registrar from also acting under section 39 for 2 or more of the lots.","sortOrder":62},{"sectionNumber":"sec.41","sectionType":"section","heading":"Transfer of land forming part of indefeasible title","content":"### sec.41 Transfer of land forming part of indefeasible title\n\nIf the registrar registers an instrument of transfer for only part of the land in the indefeasible title of a lot, the registrar must create separate indefeasible titles for the part of the land that is transferred, and the part that is not transferred, by cancelling the particulars for the lot in the freehold land register and including separate particulars for each of the parts in the register.","sortOrder":63},{"sectionNumber":"pt.3-div.2A","sectionType":"division","heading":"Indefeasible title for common property","content":"## Indefeasible title for common property","sortOrder":64},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Creation of indefeasible title for common property","content":"### sec.41A Creation of indefeasible title for common property\n\nWhen a community titles scheme is established, the registrar must create an indefeasible title for the common property for the scheme.\ns 41A ins 1997 No. 28 s 295 sch 3","sortOrder":65},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Meaning of indefeasible title for common property","content":"### sec.41B Meaning of indefeasible title for common property\n\nThe indefeasible title for common property is the current particulars in the freehold land register about the common property.\ns 41B ins 1997 No. 28 s 295 sch 3","sortOrder":66},{"sectionNumber":"sec.41BA","sectionType":"section","heading":"Ownership of common property","content":"### sec.41BA Ownership of common property\n\nCommon property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, in shares proportionate to the interest schedule lot entitlements of their respective lots.\nSubsection (1) applies even though, under section 41A , the registrar creates an indefeasible title for the common property.\nAn owner’s interest in a lot is inseparable from the owner’s interest in the common property.\nA dealing affecting the lot affects, without express mention, the interest in the common property.\nAn owner can not separately deal with or dispose of the owner’s interest in the common property.\ns 41BA ins 2003 No. 6 s 146\n(sec.41BA-ssec.1) Common property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, in shares proportionate to the interest schedule lot entitlements of their respective lots.\n(sec.41BA-ssec.2) Subsection (1) applies even though, under section 41A , the registrar creates an indefeasible title for the common property.\n(sec.41BA-ssec.3) An owner’s interest in a lot is inseparable from the owner’s interest in the common property. A dealing affecting the lot affects, without express mention, the interest in the common property. An owner can not separately deal with or dispose of the owner’s interest in the common property.\n- 1 A dealing affecting the lot affects, without express mention, the interest in the common property.\n- 2 An owner can not separately deal with or dispose of the owner’s interest in the common property.","sortOrder":67},{"sectionNumber":"sec.41C","sectionType":"section","heading":"Application of provisions of Act to common property","content":"### sec.41C Application of provisions of Act to common property\n\nIn this Act, a reference to a lot is taken to include a reference to common property.\nHowever, subsection (1) has effect only to the extent necessary to allow for the registration, and appropriate recognition under this Act, of dealings that—\naffect common property (including dealings affecting interests in common property); and\nare consistent with the BCCM Act .\nIn particular, subsection (1) has effect subject to the following principles—\nthere can be no registered owner for common property (although the body corporate for the community titles scheme that includes the common property is taken to be the registered owner for dealings affecting the fee simple interest in the common property)\nthe fee simple interest in the common property for a community titles scheme can not be the subject of sale or transfer (although a part of the common property might be the subject of transfer after the registration of an appropriate plan of subdivision and the recording of a new community management statement)\nthe fee simple interest in common property can not be the subject of a mortgage (although a lesser interest able to be created over common property, for example, a lease, might be the subject of a mortgage).\nWithout limiting subsections (2) and (3) , subsection (1) has no application for the purpose of the following provisions—\nthis Act’s definition of lot\ndivision 2 .\ns 41C ins 1997 No. 28 s 295 sch 3\namd 2019 No. 7 s 240\n(sec.41C-ssec.1) In this Act, a reference to a lot is taken to include a reference to common property.\n(sec.41C-ssec.2) However, subsection (1) has effect only to the extent necessary to allow for the registration, and appropriate recognition under this Act, of dealings that— affect common property (including dealings affecting interests in common property); and are consistent with the BCCM Act .\n(sec.41C-ssec.3) In particular, subsection (1) has effect subject to the following principles— there can be no registered owner for common property (although the body corporate for the community titles scheme that includes the common property is taken to be the registered owner for dealings affecting the fee simple interest in the common property) the fee simple interest in the common property for a community titles scheme can not be the subject of sale or transfer (although a part of the common property might be the subject of transfer after the registration of an appropriate plan of subdivision and the recording of a new community management statement) the fee simple interest in common property can not be the subject of a mortgage (although a lesser interest able to be created over common property, for example, a lease, might be the subject of a mortgage).\n(sec.41C-ssec.4) Without limiting subsections (2) and (3) , subsection (1) has no application for the purpose of the following provisions— this Act’s definition of lot division 2 .\n- (a) affect common property (including dealings affecting interests in common property); and\n- (b) are consistent with the BCCM Act .\n- • there can be no registered owner for common property (although the body corporate for the community titles scheme that includes the common property is taken to be the registered owner for dealings affecting the fee simple interest in the common property)\n- • the fee simple interest in the common property for a community titles scheme can not be the subject of sale or transfer (although a part of the common property might be the subject of transfer after the registration of an appropriate plan of subdivision and the recording of a new community management statement)\n- • the fee simple interest in common property can not be the subject of a mortgage (although a lesser interest able to be created over common property, for example, a lease, might be the subject of a mortgage).\n- • this Act’s definition of lot\n- • division 2 .","sortOrder":68},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":69},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 amd 1994 No. 33 s 5 (retro)\nsub 1996 No. 8 s 3\namd 2013 No. 17 s 38\nom 2019 No. 7 s 241","sortOrder":70},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2019 No. 7 s 241","sortOrder":71},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 amd 2013 No. 17 s 39\nom 2019 No. 7 s 241","sortOrder":72},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2019 No. 7 s 241","sortOrder":73},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 amd 2001 No. 57 s 7\nom 2019 No. 7 s 241","sortOrder":74},{"sectionNumber":"pt.4","sectionType":"part","heading":"Registration of land","content":"# Registration of land","sortOrder":75},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Alienation of State land","content":"## Alienation of State land","sortOrder":76},{"sectionNumber":"sec.47","sectionType":"section","heading":"Alienated State land to be registered","content":"### sec.47 Alienated State land to be registered\n\nAs soon as practicable after land is alienated from the State—\nif the deed of grant for the land takes effect on delivery to the grantee—notice that the deed has been delivered to the grantee must be given to the registrar; or\nSee the Aboriginal Land Act 1991 , section 44 and the Torres Strait Islander Land Act 1991 , section 40 for examples of deeds of grant that take effect on delivery of the deed to the grantee.\notherwise—the deed of grant for the land must be lodged in the land registry.\nThe registrar must register the deed of grant by recording the particulars of the grant in the freehold land register.\nOn the registration of the deed of grant, an indefeasible title is created for the relevant lot.\ns 47 amd 2013 No. 23 s 112\n(sec.47-ssec.1) As soon as practicable after land is alienated from the State— if the deed of grant for the land takes effect on delivery to the grantee—notice that the deed has been delivered to the grantee must be given to the registrar; or See the Aboriginal Land Act 1991 , section 44 and the Torres Strait Islander Land Act 1991 , section 40 for examples of deeds of grant that take effect on delivery of the deed to the grantee. otherwise—the deed of grant for the land must be lodged in the land registry.\n(sec.47-ssec.2) The registrar must register the deed of grant by recording the particulars of the grant in the freehold land register.\n(sec.47-ssec.3) On the registration of the deed of grant, an indefeasible title is created for the relevant lot.\n- (a) if the deed of grant for the land takes effect on delivery to the grantee—notice that the deed has been delivered to the grantee must be given to the registrar; or Note— See the Aboriginal Land Act 1991 , section 44 and the Torres Strait Islander Land Act 1991 , section 40 for examples of deeds of grant that take effect on delivery of the deed to the grantee.\n- (b) otherwise—the deed of grant for the land must be lodged in the land registry.","sortOrder":77},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Land held by State","content":"## Land held by State","sortOrder":78},{"sectionNumber":"sec.48","sectionType":"section","heading":"Land held by the State","content":"### sec.48 Land held by the State\n\nThe State may, under this Act, acquire, hold and deal with lots.","sortOrder":79},{"sectionNumber":"pt.4-div.2A","sectionType":"division","heading":"Format of plans of survey","content":"## Format of plans of survey","sortOrder":80},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Available formats for plans","content":"### sec.48A Available formats for plans\n\nA plan of survey may be in a standard, building or volumetric format.\nThe format to be used in the plan depends on how the plan is to define the land to which it relates.\ns 48A ins 1997 No. 28 s 295 sch 3\n(sec.48A-ssec.1) A plan of survey may be in a standard, building or volumetric format.\n(sec.48A-ssec.2) The format to be used in the plan depends on how the plan is to define the land to which it relates.","sortOrder":81},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Standard format plan","content":"### sec.48B Standard format plan\n\nA standard format plan of survey defines land using a horizontal plane and references to marks on the ground.\nposts in the ground\ns 48B ins 1997 No. 28 s 295 sch 3","sortOrder":82},{"sectionNumber":"sec.48C","sectionType":"section","heading":"Building format plan","content":"### sec.48C Building format plan\n\nA building format plan of survey defines land using the structural elements of a building, including, for example, floors, walls and ceilings.\nFor subsection (1) —\nstructural elements , of a building, includes projections of, and references to, structural elements of the building.\nProjections might be used to define a lot that includes a balcony, courtyard, roof garden or other area not bounded, or completely bounded, by a floor, walls and a ceiling.\ns 48C ins 1997 No. 28 s 295 sch 3\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.48C-ssec.1) A building format plan of survey defines land using the structural elements of a building, including, for example, floors, walls and ceilings.\n(sec.48C-ssec.2) For subsection (1) — structural elements , of a building, includes projections of, and references to, structural elements of the building. Projections might be used to define a lot that includes a balcony, courtyard, roof garden or other area not bounded, or completely bounded, by a floor, walls and a ceiling.","sortOrder":83},{"sectionNumber":"sec.48D","sectionType":"section","heading":"Volumetric format plan","content":"### sec.48D Volumetric format plan\n\nA volumetric format plan of survey defines land using 3 dimensionally located points to identify the position, shape and dimensions of each bounding surface.\ns 48D ins 1997 No. 28 s 295 sch 3","sortOrder":84},{"sectionNumber":"pt.4-div.2B","sectionType":"division","heading":"Explanatory format plans","content":"## Explanatory format plans","sortOrder":85},{"sectionNumber":"sec.48E","sectionType":"section","heading":"Explanatory format plan","content":"### sec.48E Explanatory format plan\n\nThe registrar may approve the lodging of a plan relating to an interest in land other than a plan of survey in standard, building or volumetric format (an explanatory format plan ) if the registrar is satisfied the land to which the interest relates may be accurately defined using—\ninformation already held in the land registry; or\nother information giving a high level of accuracy about the extent of the interest.\nLodging an explanatory format plan, approved under this section, is sufficient compliance with a requirement under this Act to lodge a plan of survey in standard, building or volumetric format.\ns 48E ins 2001 No. 33 s 25\namd 2001 No. 92 s 20 ; 2005 No. 68 s 63\n(sec.48E-ssec.1) The registrar may approve the lodging of a plan relating to an interest in land other than a plan of survey in standard, building or volumetric format (an explanatory format plan ) if the registrar is satisfied the land to which the interest relates may be accurately defined using— information already held in the land registry; or other information giving a high level of accuracy about the extent of the interest.\n(sec.48E-ssec.2) Lodging an explanatory format plan, approved under this section, is sufficient compliance with a requirement under this Act to lodge a plan of survey in standard, building or volumetric format.\n- (a) information already held in the land registry; or\n- (b) other information giving a high level of accuracy about the extent of the interest.","sortOrder":86},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Plans of subdivision","content":"## Plans of subdivision","sortOrder":87},{"sectionNumber":"sec.49","sectionType":"section","heading":"Meaning of plan of subdivision","content":"### sec.49 Meaning of plan of subdivision\n\nA plan of subdivision is a plan of survey providing for 1 or more of the following—\ndivision of 1 or more lots;\namalgamation of 2 or more lots to create a smaller number of lots;\ndedication of land to public use;\nredefinition of a lot on a resurvey.\ns 49 sub 1997 No. 28 s 295 sch 3\n- (a) division of 1 or more lots;\n- (b) amalgamation of 2 or more lots to create a smaller number of lots;\n- (c) dedication of land to public use;\n- (d) redefinition of a lot on a resurvey.","sortOrder":88},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Plan of subdivision may be registered","content":"### sec.49A Plan of subdivision may be registered\n\nA plan of subdivision may be registered.\nA lot defined in the plan is created as a lot when the plan is registered.\ns 49A ins 1997 No. 28 s 295 sch 3\n(sec.49A-ssec.1) A plan of subdivision may be registered.\n(sec.49A-ssec.2) A lot defined in the plan is created as a lot when the plan is registered.","sortOrder":89},{"sectionNumber":"sec.49B","sectionType":"section","heading":"Standard format plan of subdivision","content":"### sec.49B Standard format plan of subdivision\n\nThis section applies to a standard format plan of subdivision.\nCommon property for a community titles scheme may be created under the plan, but only if—\nthe plan also creates 2 or more lots; or\nthe common property created is additional to common property already existing under the community titles scheme.\nThe plan may create a lot from common property, other than common property created under—\na building format plan of subdivision, and within structural elements of a building; or\na volumetric format plan of subdivision.\ns 49B ins 1997 No. 28 s 295 sch 3\n(sec.49B-ssec.1) This section applies to a standard format plan of subdivision.\n(sec.49B-ssec.2) Common property for a community titles scheme may be created under the plan, but only if— the plan also creates 2 or more lots; or the common property created is additional to common property already existing under the community titles scheme.\n(sec.49B-ssec.3) The plan may create a lot from common property, other than common property created under— a building format plan of subdivision, and within structural elements of a building; or a volumetric format plan of subdivision.\n- (a) the plan also creates 2 or more lots; or\n- (b) the common property created is additional to common property already existing under the community titles scheme.\n- (a) a building format plan of subdivision, and within structural elements of a building; or\n- (b) a volumetric format plan of subdivision.","sortOrder":90},{"sectionNumber":"sec.49C","sectionType":"section","heading":"Building format plan of subdivision","content":"### sec.49C Building format plan of subdivision\n\nThis section applies to a building format plan of subdivision.\nCommon property for a community titles scheme must be created under the plan unless the plan divides a lot, or amalgamates 2 or more lots, on an existing registered building format plan of subdivision.\nTwo or more lots must be created under the plan unless—\nthe plan amalgamates 2 or more lots on an existing registered building format plan of subdivision; or\ncommon property for a community titles scheme is created under the plan, and the common property created is additional to common property already existing under the community titles scheme.\nExcept to the extent permitted under a direction given by the registrar under section 10 (1) (b) , the boundary of a lot created under the plan, and separated from another lot or common property by a floor, wall or ceiling, must be located at the centre of the floor, wall or ceiling.\ns 49C ins 1997 No. 28 s 295 sch 3\namd 2005 No. 68 s 64\n(sec.49C-ssec.1) This section applies to a building format plan of subdivision.\n(sec.49C-ssec.2) Common property for a community titles scheme must be created under the plan unless the plan divides a lot, or amalgamates 2 or more lots, on an existing registered building format plan of subdivision.\n(sec.49C-ssec.3) Two or more lots must be created under the plan unless— the plan amalgamates 2 or more lots on an existing registered building format plan of subdivision; or common property for a community titles scheme is created under the plan, and the common property created is additional to common property already existing under the community titles scheme.\n(sec.49C-ssec.4) Except to the extent permitted under a direction given by the registrar under section 10 (1) (b) , the boundary of a lot created under the plan, and separated from another lot or common property by a floor, wall or ceiling, must be located at the centre of the floor, wall or ceiling.\n- (a) the plan amalgamates 2 or more lots on an existing registered building format plan of subdivision; or\n- (b) common property for a community titles scheme is created under the plan, and the common property created is additional to common property already existing under the community titles scheme.","sortOrder":91},{"sectionNumber":"sec.49D","sectionType":"section","heading":"Volumetric format plan of subdivision","content":"### sec.49D Volumetric format plan of subdivision\n\nThis section applies to a volumetric format plan of subdivision.\nCommon property for a community titles scheme may be created under the plan, but only if—\nthe plan also creates 2 or more lots; or\nthe common property created is additional to common property already existing under the community titles scheme.\nThe plan may divide a lot on a standard, building or volumetric format plan of subdivision.\ns 49D ins 1997 No. 28 s 295 sch 3\n(sec.49D-ssec.1) This section applies to a volumetric format plan of subdivision.\n(sec.49D-ssec.2) Common property for a community titles scheme may be created under the plan, but only if— the plan also creates 2 or more lots; or the common property created is additional to common property already existing under the community titles scheme.\n(sec.49D-ssec.3) The plan may divide a lot on a standard, building or volumetric format plan of subdivision.\n- (a) the plan also creates 2 or more lots; or\n- (b) the common property created is additional to common property already existing under the community titles scheme.","sortOrder":92},{"sectionNumber":"sec.49DA","sectionType":"section","heading":"Creation of common property","content":"### sec.49DA Creation of common property\n\nThis section applies if—\nthe community management statement for a community titles scheme provides for the progressive subdivision of scheme land; and\nunder the scheme, the scheme land is to be subdivided by a plan of subdivision to create common property under sections 49B to 49D .\nThe registration of the plan and recording of the new community management statement for the scheme operate, without anything further, to create the common property.\ns 49DA ins 2003 No. 6 s 147\nsub 2010 No. 12 s 185\n(sec.49DA-ssec.1) This section applies if— the community management statement for a community titles scheme provides for the progressive subdivision of scheme land; and under the scheme, the scheme land is to be subdivided by a plan of subdivision to create common property under sections 49B to 49D .\n(sec.49DA-ssec.2) The registration of the plan and recording of the new community management statement for the scheme operate, without anything further, to create the common property.\n- (a) the community management statement for a community titles scheme provides for the progressive subdivision of scheme land; and\n- (b) under the scheme, the scheme land is to be subdivided by a plan of subdivision to create common property under sections 49B to 49D .","sortOrder":93},{"sectionNumber":"sec.49E","sectionType":"section","heading":"Division of lot on standard format plan of subdivision","content":"### sec.49E Division of lot on standard format plan of subdivision\n\nThis section applies if a building or volumetric format plan of subdivision divides a standard format lot, creating 2 or more lots.\nIf, after the division, a created lot continues to be defined using a horizontal plane and references to marks on the ground, the created lot is a standard format lot.\ns 49E ins 2001 No. 33 s 26\namd 2003 No. 6 s 148 ; 2010 No. 12 s 186\n(sec.49E-ssec.1) This section applies if a building or volumetric format plan of subdivision divides a standard format lot, creating 2 or more lots.\n(sec.49E-ssec.2) If, after the division, a created lot continues to be defined using a horizontal plane and references to marks on the ground, the created lot is a standard format lot.","sortOrder":94},{"sectionNumber":"sec.50","sectionType":"section","heading":"Requirements for registration of plan of subdivision","content":"### sec.50 Requirements for registration of plan of subdivision\n\nA plan of subdivision must—\ndistinctly show all roads, non-tidal watercourses, lakes and proposed lots that are to be public use land; and\ninclude a statement agreeing to the plan and dedicating the public use land by—\nthe registered owner; or\nif the mortgagee of the registered owner is in possession—the mortgagee in possession; and\nshow all proposed lots marked with separate and distinct numbers; and\ndistinctly show all proposed common property; and\nshow all proposed easements marked with separate and distinct letters; and\ncomply with the Survey and Mapping Infrastructure Act 2003 ; and\nbe certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and\nhave been approved by the relevant planning body, unless the plan of subdivision provides only for—\nthe amalgamation of 2 or more lots to create a smaller number of lots; or\nthe redefinition of a lot on a resurvey; or\nunder the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and\nif the plan of subdivision provides for the division of 1 or more lots, or the dedication of land to public use—have been approved by the relevant planning body; and\nbe consented to by all registered mortgagees of each lot the subject of the plan and all other registered proprietors whose interests are affected by the plan; and\nif the plan affects land subject of a conservation agreement under the Nature Conservation Act 1992 —be consented to, in writing, by the chief executive of the department in which that Act is administered; and\nif the plan affects land in the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 —be consented to, in writing, by the executive director of the Wet Tropics Management Authority under that Act.\nIf the plan of subdivision is to give effect to a surrender under the Land Act 1994 , section 55 , of all or part of land contained in a deed of grant in trust, the plan of subdivision—\nmust be endorsed with or accompanied by the written approval of the Minister under that section; and\nneed not have been approved by the relevant planning body as would otherwise be required under subsection (1) (h) or (i) .\nSubsection (1) (h) and (i) does not apply to a plan of subdivision that, other than for this subsection, would have been required to have been approved by the relevant planning body if—\nfor a plan that, other than for this subsection, would have required approval by MEDQ—the plan is not a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) ; or\nfor a plan that, other than for this subsection, would have required approval by the relevant local government—the plan is not a plan for which a process for approving the plan is provided under the Planning Act .\nAlso, subsection (1) (h) and (i) does not apply to a plan of subdivision that, under a provision of another Act, is a plan that is not required to be approved by the relevant planning body.\nIf a plan of subdivision is approved as mentioned in subsection (1) (h) or (i) under the Economic Development Act 2012 , section 104 or the Planning Act , the plan must be lodged for registration within 6 months after the approval.\nIn this section—\nrelevant planning body means—\nif the proposed lots are in a priority development area—MEDQ; or\nif the proposed lots are in a State development area and the subdivision is regulated by an approved development scheme—the Coordinator-General; or\notherwise—the relevant local government.\ns 50 amd 1994 No. 33 s 6 (retro); 1994 No. 81 s 527 sch 5 ; 1997 No. 28 s 295 sch 3 ; 2003 No. 6 s 149 ; 2004 No. 4 s 57 sch ; 2003 No. 70 s 206 sch 2 ; 2005 No. 68 s 65 ; 2007 No. 41 s 238 ; 2007 No. 19 s 206 ; 2009 No. 36 s 872 sch 2 ; 2009 No. 51 s 56 ; 2010 No. 21 s 22 ; 2012 No. 43 s 221 sch 1 ; 2013 No. 23 s 113 ; 2013 No. 17 s 40 ; 2014 No. 40 s 154 s ch 1 pt 1 ; 2016 No. 27 s 292 ; 2019 No. 8 s 59 ; 2023 No. 6 s 127 ; 2024 No. 12 s 94\n(sec.50-ssec.1) A plan of subdivision must— distinctly show all roads, non-tidal watercourses, lakes and proposed lots that are to be public use land; and include a statement agreeing to the plan and dedicating the public use land by— the registered owner; or if the mortgagee of the registered owner is in possession—the mortgagee in possession; and show all proposed lots marked with separate and distinct numbers; and distinctly show all proposed common property; and show all proposed easements marked with separate and distinct letters; and comply with the Survey and Mapping Infrastructure Act 2003 ; and be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and have been approved by the relevant planning body, unless the plan of subdivision provides only for— the amalgamation of 2 or more lots to create a smaller number of lots; or the redefinition of a lot on a resurvey; or under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and if the plan of subdivision provides for the division of 1 or more lots, or the dedication of land to public use—have been approved by the relevant planning body; and be consented to by all registered mortgagees of each lot the subject of the plan and all other registered proprietors whose interests are affected by the plan; and if the plan affects land subject of a conservation agreement under the Nature Conservation Act 1992 —be consented to, in writing, by the chief executive of the department in which that Act is administered; and if the plan affects land in the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 —be consented to, in writing, by the executive director of the Wet Tropics Management Authority under that Act.\n(sec.50-ssec.2) If the plan of subdivision is to give effect to a surrender under the Land Act 1994 , section 55 , of all or part of land contained in a deed of grant in trust, the plan of subdivision— must be endorsed with or accompanied by the written approval of the Minister under that section; and need not have been approved by the relevant planning body as would otherwise be required under subsection (1) (h) or (i) .\n(sec.50-ssec.3) Subsection (1) (h) and (i) does not apply to a plan of subdivision that, other than for this subsection, would have been required to have been approved by the relevant planning body if— for a plan that, other than for this subsection, would have required approval by MEDQ—the plan is not a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) ; or for a plan that, other than for this subsection, would have required approval by the relevant local government—the plan is not a plan for which a process for approving the plan is provided under the Planning Act .\n(sec.50-ssec.4) Also, subsection (1) (h) and (i) does not apply to a plan of subdivision that, under a provision of another Act, is a plan that is not required to be approved by the relevant planning body.\n(sec.50-ssec.5) If a plan of subdivision is approved as mentioned in subsection (1) (h) or (i) under the Economic Development Act 2012 , section 104 or the Planning Act , the plan must be lodged for registration within 6 months after the approval.\n(sec.50-ssec.6) In this section— relevant planning body means— if the proposed lots are in a priority development area—MEDQ; or if the proposed lots are in a State development area and the subdivision is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government.\n- (a) distinctly show all roads, non-tidal watercourses, lakes and proposed lots that are to be public use land; and\n- (b) include a statement agreeing to the plan and dedicating the public use land by— (i) the registered owner; or (ii) if the mortgagee of the registered owner is in possession—the mortgagee in possession; and\n- (i) the registered owner; or\n- (ii) if the mortgagee of the registered owner is in possession—the mortgagee in possession; and\n- (c) show all proposed lots marked with separate and distinct numbers; and\n- (d) distinctly show all proposed common property; and\n- (e) show all proposed easements marked with separate and distinct letters; and\n- (f) comply with the Survey and Mapping Infrastructure Act 2003 ; and\n- (g) be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and\n- (h) have been approved by the relevant planning body, unless the plan of subdivision provides only for— (i) the amalgamation of 2 or more lots to create a smaller number of lots; or (ii) the redefinition of a lot on a resurvey; or (iii) under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and\n- (i) the amalgamation of 2 or more lots to create a smaller number of lots; or\n- (ii) the redefinition of a lot on a resurvey; or\n- (iii) under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and\n- (i) if the plan of subdivision provides for the division of 1 or more lots, or the dedication of land to public use—have been approved by the relevant planning body; and\n- (j) be consented to by all registered mortgagees of each lot the subject of the plan and all other registered proprietors whose interests are affected by the plan; and\n- (k) if the plan affects land subject of a conservation agreement under the Nature Conservation Act 1992 —be consented to, in writing, by the chief executive of the department in which that Act is administered; and\n- (l) if the plan affects land in the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 —be consented to, in writing, by the executive director of the Wet Tropics Management Authority under that Act.\n- (i) the registered owner; or\n- (ii) if the mortgagee of the registered owner is in possession—the mortgagee in possession; and\n- (i) the amalgamation of 2 or more lots to create a smaller number of lots; or\n- (ii) the redefinition of a lot on a resurvey; or\n- (iii) under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and\n- (a) must be endorsed with or accompanied by the written approval of the Minister under that section; and\n- (b) need not have been approved by the relevant planning body as would otherwise be required under subsection (1) (h) or (i) .\n- (a) for a plan that, other than for this subsection, would have required approval by MEDQ—the plan is not a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) ; or\n- (b) for a plan that, other than for this subsection, would have required approval by the relevant local government—the plan is not a plan for which a process for approving the plan is provided under the Planning Act .\n- (a) if the proposed lots are in a priority development area—MEDQ; or\n- (aa) if the proposed lots are in a State development area and the subdivision is regulated by an approved development scheme—the Coordinator-General; or\n- (b) otherwise—the relevant local government.","sortOrder":95},{"sectionNumber":"sec.51","sectionType":"section","heading":"Dedication of public use land in plan","content":"### sec.51 Dedication of public use land in plan\n\nA plan of subdivision may provide for the dedication of land to any of the following uses (each a public use )—\na road;\na non-tidal watercourse;\na lake;\na purpose mentioned in the Land Act 1994 , section 31 (1) .\nThe dedication of a lot to public use in a plan of subdivision must be of the registered proprietor’s whole interest in the lot.\nOn registration of the plan, without anything further—\nif the dedication is for a road—the road is opened for the Land Act 1994 ; or\nif the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003 , section 99 ; or\nThe Survey and Mapping Infrastructure Act 2003 , section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section 13A for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries.\nif the dedication is of a lot for a purpose mentioned in the Land Act 1994 , section 31 (1) and the Minister administering that Act consents to the plan—the lot is dedicated as a reserve for the purpose.\nSubsection (5) applies to an easement over a lot if—\nthe easement is an easement for providing access or a right of way, including a public thoroughfare easement; and\nthe lot or a part of the lot is dedicated for a road under subsection (3) .\nThe easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road.\ns 51 sub 1994 No. 81 s 527 sch 5\namd 1997 No. 28 s 295 sch 3 ; 2005 No. 68 s 66 ; 2007 No. 19 s 207 (amd 2007 No. 57 s 26 ); 2013 No. 23 s 114 ; 2024 No. 12 s 91 ; 2024 No. 12 s 95\n(sec.51-ssec.1) A plan of subdivision may provide for the dedication of land to any of the following uses (each a public use )— a road; a non-tidal watercourse; a lake; a purpose mentioned in the Land Act 1994 , section 31 (1) .\n(sec.51-ssec.2) The dedication of a lot to public use in a plan of subdivision must be of the registered proprietor’s whole interest in the lot.\n(sec.51-ssec.3) On registration of the plan, without anything further— if the dedication is for a road—the road is opened for the Land Act 1994 ; or if the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003 , section 99 ; or The Survey and Mapping Infrastructure Act 2003 , section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section 13A for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries. if the dedication is of a lot for a purpose mentioned in the Land Act 1994 , section 31 (1) and the Minister administering that Act consents to the plan—the lot is dedicated as a reserve for the purpose.\n(sec.51-ssec.4) Subsection (5) applies to an easement over a lot if— the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and the lot or a part of the lot is dedicated for a road under subsection (3) .\n(sec.51-ssec.5) The easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road.\n- (a) a road;\n- (b) a non-tidal watercourse;\n- (c) a lake;\n- (d) a purpose mentioned in the Land Act 1994 , section 31 (1) .\n- (a) if the dedication is for a road—the road is opened for the Land Act 1994 ; or\n- (b) if the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003 , section 99 ; or Note— The Survey and Mapping Infrastructure Act 2003 , section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section 13A for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries.\n- (c) if the dedication is of a lot for a purpose mentioned in the Land Act 1994 , section 31 (1) and the Minister administering that Act consents to the plan—the lot is dedicated as a reserve for the purpose.\n- (a) the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and\n- (b) the lot or a part of the lot is dedicated for a road under subsection (3) .","sortOrder":96},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Access for public use land","content":"### sec.51A Access for public use land\n\nA plan of subdivision providing for the dedication of a lot to public use, other than as a road, non-tidal watercourse or a lake, may be registered only if—\non registration, access to the lot will be available through a road or a public thoroughfare easement; or\nthe Minister administering the Land Act 1994 has approved that the plan of subdivision may be registered without access to the lot being available.\ns 51A ins 2005 No. 68 s 67\namd 2013 No. 23 s 115\n- (a) on registration, access to the lot will be available through a road or a public thoroughfare easement; or\n- (b) the Minister administering the Land Act 1994 has approved that the plan of subdivision may be registered without access to the lot being available.","sortOrder":97},{"sectionNumber":"sec.52","sectionType":"section","heading":"Particulars to be recorded on registration of plan","content":"### sec.52 Particulars to be recorded on registration of plan\n\nIn registering a plan of subdivision, the registrar must record in the freehold land register particulars of—\neach proposed lot that is not public use land; and\nto the extent that it is practicable—common property created under the plan.\ns 52 sub 1997 No. 28 s 295 sch 3\n- (a) each proposed lot that is not public use land; and\n- (b) to the extent that it is practicable—common property created under the plan.","sortOrder":98},{"sectionNumber":"sec.53","sectionType":"section","heading":"Lodged plan that is withdrawn and relodged","content":"### sec.53 Lodged plan that is withdrawn and relodged\n\nIf a plan of subdivision is lodged within 6 months after it is approved as mentioned in section 50 (1) (h) or (i) and is withdrawn and re-lodged under section 159 , it must be treated for the purposes of sections 175 and 178 to have been lodged when it was first lodged.\ns 53 amd 1998 No. 13 s 191 sch ; 2001 No. 57 s 7 ; 2009 No. 36 s 872 sch 2","sortOrder":99},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Division excluding road or watercourse","content":"### sec.53A Division excluding road or watercourse\n\nA lot may be divided by a plan of subdivision, even though there is a road or watercourse within the boundaries of the lot that is not part of the lot.\nHowever, the road or watercourse is not included in any lot created by the plan of subdivision, even though it may be within the boundaries of the lot.\ns 53A (prev s 54) amd 1997 No. 28 s 295 sch 3\nrenum 2013 No. 23 s 116\n(sec.53A-ssec.1) A lot may be divided by a plan of subdivision, even though there is a road or watercourse within the boundaries of the lot that is not part of the lot.\n(sec.53A-ssec.2) However, the road or watercourse is not included in any lot created by the plan of subdivision, even though it may be within the boundaries of the lot.","sortOrder":100},{"sectionNumber":"pt.4-div.3A","sectionType":"division","heading":"Dedication of road by notice","content":"## Dedication of road by notice","sortOrder":101},{"sectionNumber":"sec.54","sectionType":"section","heading":"Dedication of road by notice","content":"### sec.54 Dedication of road by notice\n\nThe registered owner of a lot may dedicate the lot as a road for public use by the registration of a dedication notice.\nPart of a lot may not be dedicated as a road for public use under this section.\nA dedication notice must have been approved by the relevant planning body.\nOn the day the dedication notice is registered—\nthe dedication of the lot as a road for public use takes effect; and\nthe land is opened for public use as a road.\nThis section does not apply if the dedication notice is for the land to be dedicated as a road under the Acquisition of Land Act 1967 , section 12B .\nA dedication notice for land taken under the Acquisition of Land Act 1967 to be dedicated as a road is registered under section 12B of that Act.\nIn this section—\ndedication notice means a notice in the approved form requesting the registrar to register a dedication of land as a road.\nrelevant planning body means—\nif the lot is in a priority development area—MEDQ; or\nif the lot is in a State development area—the Coordinator-General; or\notherwise—the local government.\ns 54 ins 2013 No. 23 s 117\namd 2014 No. 40 s 154 sch 1 pt 1\n(sec.54-ssec.1) The registered owner of a lot may dedicate the lot as a road for public use by the registration of a dedication notice.\n(sec.54-ssec.2) Part of a lot may not be dedicated as a road for public use under this section.\n(sec.54-ssec.3) A dedication notice must have been approved by the relevant planning body.\n(sec.54-ssec.4) On the day the dedication notice is registered— the dedication of the lot as a road for public use takes effect; and the land is opened for public use as a road.\n(sec.54-ssec.5) This section does not apply if the dedication notice is for the land to be dedicated as a road under the Acquisition of Land Act 1967 , section 12B . A dedication notice for land taken under the Acquisition of Land Act 1967 to be dedicated as a road is registered under section 12B of that Act.\n(sec.54-ssec.6) In this section— dedication notice means a notice in the approved form requesting the registrar to register a dedication of land as a road. relevant planning body means— if the lot is in a priority development area—MEDQ; or if the lot is in a State development area—the Coordinator-General; or otherwise—the local government.\n- (a) the dedication of the lot as a road for public use takes effect; and\n- (b) the land is opened for public use as a road.\n- (a) if the lot is in a priority development area—MEDQ; or\n- (aa) if the lot is in a State development area—the Coordinator-General; or\n- (b) otherwise—the local government.","sortOrder":102},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Building management statements","content":"## Building management statements","sortOrder":103},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Building management statement may be registered","content":"### sec.54A Building management statement may be registered\n\nA building management statement may be registered.\nA building management statement is an instrument that—\nidentifies lots to which it applies; and\ncontains provisions benefiting and burdening the lots to which it applies; and\notherwise complies with the requirements of this division for a building management statement.\nEach lot to which a building management statement applies must be a lot entirely or partly contained in, or entirely or partly containing, 1 or more buildings.\nHowever, a building management statement that otherwise complies with subsection (3) may also apply to a lot that is not entirely or partly contained in, and does not entirely or partly contain, 1 or more buildings if the lot is the subject of a building development approval.\nIf a lot to which a building management statement applies is the subject of a plan of subdivision, the statement applies to each lot created by the registration of the plan.\nIn this section—\nbuilding development approval means a development approval under the Planning Act for development relating to a proposed building or buildings.\ns 54A ins 1997 No. 28 s 295 sch 3\namd 2005 No. 68 s 68 ; 2007 No. 19 s 208 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 293\n(sec.54A-ssec.1) A building management statement may be registered.\n(sec.54A-ssec.2) A building management statement is an instrument that— identifies lots to which it applies; and contains provisions benefiting and burdening the lots to which it applies; and otherwise complies with the requirements of this division for a building management statement.\n(sec.54A-ssec.3) Each lot to which a building management statement applies must be a lot entirely or partly contained in, or entirely or partly containing, 1 or more buildings.\n(sec.54A-ssec.4) However, a building management statement that otherwise complies with subsection (3) may also apply to a lot that is not entirely or partly contained in, and does not entirely or partly contain, 1 or more buildings if the lot is the subject of a building development approval.\n(sec.54A-ssec.5) If a lot to which a building management statement applies is the subject of a plan of subdivision, the statement applies to each lot created by the registration of the plan.\n(sec.54A-ssec.6) In this section— building development approval means a development approval under the Planning Act for development relating to a proposed building or buildings.\n- (a) identifies lots to which it applies; and\n- (b) contains provisions benefiting and burdening the lots to which it applies; and\n- (c) otherwise complies with the requirements of this division for a building management statement.","sortOrder":104},{"sectionNumber":"sec.54AA","sectionType":"section","heading":"Single area for lots to which building management statement applies","content":"### sec.54AA Single area for lots to which building management statement applies\n\nThe lots to which a building management statement applies must form a single, continuous area of land.\nA number of lots are taken to form a single, continuous area of land even if there is a road or watercourse within the external boundaries of the area comprising of the lots.\nDespite subsection (1) , a building management statement may apply to lots that do not form a single, continuous area of land if the registrar is satisfied, on reasonable grounds, that all the lots are located within an area that is sufficiently limited to ensure the effective and efficient application of the provisions of this division.\ns 54AA ins 2005 No. 68 s 69\n(sec.54AA-ssec.1) The lots to which a building management statement applies must form a single, continuous area of land.\n(sec.54AA-ssec.2) A number of lots are taken to form a single, continuous area of land even if there is a road or watercourse within the external boundaries of the area comprising of the lots.\n(sec.54AA-ssec.3) Despite subsection (1) , a building management statement may apply to lots that do not form a single, continuous area of land if the registrar is satisfied, on reasonable grounds, that all the lots are located within an area that is sufficiently limited to ensure the effective and efficient application of the provisions of this division.","sortOrder":105},{"sectionNumber":"sec.54B","sectionType":"section","heading":"Circumstances under which building management statement may be registered","content":"### sec.54B Circumstances under which building management statement may be registered\n\nA building management statement may be registered only if it is signed by the registered owners of all lots to which the statement applies.\nThe lots to which a building management statement applies must comprise—\n2 or more volumetric format lots; or\n1 or more volumetric format lots, and 1 or more standard format lots.\nIn this section, a reference to standard format lot or volumetric format lot is taken to include a reference to common property, if the common property is created on registration of—\na building format plan of subdivision; or\na volumetric format plan of subdivision.\ns 54B ins 1997 No. 28 s 295 sch 3\namd 2003 No. 6 s 150 ; 2005 No. 68 s 70 ; 2010 No. 12 s 187\n(sec.54B-ssec.1) A building management statement may be registered only if it is signed by the registered owners of all lots to which the statement applies.\n(sec.54B-ssec.2) The lots to which a building management statement applies must comprise— 2 or more volumetric format lots; or 1 or more volumetric format lots, and 1 or more standard format lots.\n(sec.54B-ssec.3) In this section, a reference to standard format lot or volumetric format lot is taken to include a reference to common property, if the common property is created on registration of— a building format plan of subdivision; or a volumetric format plan of subdivision.\n- (a) 2 or more volumetric format lots; or\n- (b) 1 or more volumetric format lots, and 1 or more standard format lots.\n- (a) a building format plan of subdivision; or\n- (b) a volumetric format plan of subdivision.","sortOrder":106},{"sectionNumber":"sec.54C","sectionType":"section","heading":"Content of building management statement","content":"### sec.54C Content of building management statement\n\nA building management statement must contain provisions about the following—\nthe supply of services to lots;\nrights of access to lots;\nrights of support and shelter;\ninsurance arrangements.\nA building management statement may contain provisions about the following—\nestablishment and operation of a management group;\nimposition and recovery of levies, how levy amounts are to be kept and how levy amounts are to be spent;\nproperty maintenance;\narchitectural and landscaping standards;\ndispute resolution;\nrules for common services and facilities;\nadministrative arrangements;\narrangements for accomplishing the extinguishment of the statement;\nproposed future development.\nTo avoid doubt, it is declared that a right of access, support or shelter, or other right in the nature of an easement, under a building management statement may operate according to its terms, and may be effective, despite the absence of a formal registered easement establishing the right.\nA dispute resolution provision under a building management statement may operate to require the referral of a dispute arising under the building management statement other than to a court, but the provision is ineffective to the extent that it purports to operate to stop final determination of the dispute in a court of competent jurisdiction.\ns 54C ins 1997 No. 28 s 295 sch 3\namd 2005 No. 68 s 71\n(sec.54C-ssec.1) A building management statement must contain provisions about the following— the supply of services to lots; rights of access to lots; rights of support and shelter; insurance arrangements.\n(sec.54C-ssec.2) A building management statement may contain provisions about the following— establishment and operation of a management group; imposition and recovery of levies, how levy amounts are to be kept and how levy amounts are to be spent; property maintenance; architectural and landscaping standards; dispute resolution; rules for common services and facilities; administrative arrangements; arrangements for accomplishing the extinguishment of the statement; proposed future development.\n(sec.54C-ssec.3) To avoid doubt, it is declared that a right of access, support or shelter, or other right in the nature of an easement, under a building management statement may operate according to its terms, and may be effective, despite the absence of a formal registered easement establishing the right.\n(sec.54C-ssec.4) A dispute resolution provision under a building management statement may operate to require the referral of a dispute arising under the building management statement other than to a court, but the provision is ineffective to the extent that it purports to operate to stop final determination of the dispute in a court of competent jurisdiction.\n- (a) the supply of services to lots;\n- (b) rights of access to lots;\n- (c) rights of support and shelter;\n- (d) insurance arrangements.\n- (a) establishment and operation of a management group;\n- (b) imposition and recovery of levies, how levy amounts are to be kept and how levy amounts are to be spent;\n- (c) property maintenance;\n- (d) architectural and landscaping standards;\n- (e) dispute resolution;\n- (f) rules for common services and facilities;\n- (g) administrative arrangements;\n- (h) arrangements for accomplishing the extinguishment of the statement;\n- (i) proposed future development.","sortOrder":107},{"sectionNumber":"sec.54D","sectionType":"section","heading":"Registration of building management statement","content":"### sec.54D Registration of building management statement\n\nWhen registering a building management statement, the registrar must record a reference to the statement on the indefeasible title for each lot to which the statement relates.\nHowever the registrar is not obliged to examine, but may examine, a building management statement for its validity, including, in particular, its consistency with any plan of subdivision, or its compliance with the requirements for a building management statement.\nA registered building management statement binds the successors in title to the registered owner of each lot to which the statement applies.\ns 54D ins 1997 No. 28 s 295 sch 3\namd 2019 No. 7 s 226\n(sec.54D-ssec.1) When registering a building management statement, the registrar must record a reference to the statement on the indefeasible title for each lot to which the statement relates.\n(sec.54D-ssec.2) However the registrar is not obliged to examine, but may examine, a building management statement for its validity, including, in particular, its consistency with any plan of subdivision, or its compliance with the requirements for a building management statement.\n(sec.54D-ssec.3) A registered building management statement binds the successors in title to the registered owner of each lot to which the statement applies.","sortOrder":108},{"sectionNumber":"sec.54DA","sectionType":"section","heading":"When building management statement taken not to be registered","content":"### sec.54DA When building management statement taken not to be registered\n\nA registered building management statement is taken not to be registered under this Act to the extent it includes a prohibition, requirement or restriction that, under the Building Act 1975 , chapter 8A , part 2 , has no force or effect.\nBuilding Act 1975 , chapter 8A , part 2 (Provisions to support sustainable housing)\nSubsection (1) has effect only for a building management statement registered after the commencement of this section.\nThe registrar may refuse to register an instrument purporting to be a building management statement if the registrar is satisfied it includes a prohibition, requirement or restriction that, under the Building Act 1975 , chapter 8A , part 2 , has no force or effect.\ns 54DA ins 2009 No. 51 s 57\n(sec.54DA-ssec.1) A registered building management statement is taken not to be registered under this Act to the extent it includes a prohibition, requirement or restriction that, under the Building Act 1975 , chapter 8A , part 2 , has no force or effect. Building Act 1975 , chapter 8A , part 2 (Provisions to support sustainable housing)\n(sec.54DA-ssec.2) Subsection (1) has effect only for a building management statement registered after the commencement of this section.\n(sec.54DA-ssec.3) The registrar may refuse to register an instrument purporting to be a building management statement if the registrar is satisfied it includes a prohibition, requirement or restriction that, under the Building Act 1975 , chapter 8A , part 2 , has no force or effect.","sortOrder":109},{"sectionNumber":"sec.54E","sectionType":"section","heading":"Amending a building management statement","content":"### sec.54E Amending a building management statement\n\nA building management statement may be amended by registering an instrument of amendment of the building management statement.\nThe instrument of amendment must be signed by the registered owners of all lots to which the building management statement applies.\nSubsection (2) does not apply if the instrument of amendment relates to an order of the court under the Property Law Act 2023 , section 181 .\nThe instrument of amendment must not change the lots to which it applies.\ns 54E ins 1997 No. 28 s 295 sch 3\namd 2019 No. 7 s 313 sch 1 pt 1 ; 2023 No. 27 s 282\n(sec.54E-ssec.1) A building management statement may be amended by registering an instrument of amendment of the building management statement.\n(sec.54E-ssec.2) The instrument of amendment must be signed by the registered owners of all lots to which the building management statement applies.\n(sec.54E-ssec.3) Subsection (2) does not apply if the instrument of amendment relates to an order of the court under the Property Law Act 2023 , section 181 .\n(sec.54E-ssec.4) The instrument of amendment must not change the lots to which it applies.","sortOrder":110},{"sectionNumber":"sec.54F","sectionType":"section","heading":"Building management statement if lots owned by 1 registered owner","content":"### sec.54F Building management statement if lots owned by 1 registered owner\n\nA building management statement may be registered even if all the lots to which it applies have the one registered owner.\ns 54F ins 1997 No. 28 s 295 sch 3","sortOrder":111},{"sectionNumber":"sec.54G","sectionType":"section","heading":"One person becoming registered owner of all lots","content":"### sec.54G One person becoming registered owner of all lots\n\nIf the one person becomes the registered owner of all lots to which a building management statement applies, the building management statement is extinguished only if the registered owner asks the registrar to extinguish it.\ns 54G ins 1997 No. 28 s 295 sch 3","sortOrder":112},{"sectionNumber":"sec.54H","sectionType":"section","heading":"Extinguishing a building management statement","content":"### sec.54H Extinguishing a building management statement\n\nA building management statement may be extinguished by registering an instrument of extinguishment of the building management statement.\nA building management statement may be extinguished in part to remove a lot that is not contained in, or does not contain, a building or a part of a building, by registering an instrument of partial extinguishment of the building management statement.\nThe instrument of extinguishment or partial extinguishment must be signed by the registered owners of all lots to which the building management statement applies.\nSubsection (3) does not apply if the instrument of extinguishment or partial extinguishment relates to an order of the court under the Property Law Act 2023 , section 181 .\nHowever, a building management statement may be extinguished or partially extinguished only if—\nfor a partial extinguishment—all registered mortgagees of a lot to be removed consent to the partial extinguishment; or\notherwise—all registered mortgagees of lots to which the building management statement applies consent to the extinguishment.\ns 54H ins 1997 No. 28 s 295 sch 3\namd 2005 No. 68 s 72 ; 2010 No. 12 s 188 ; 2023 No. 27 s 283\n(sec.54H-ssec.1) A building management statement may be extinguished by registering an instrument of extinguishment of the building management statement.\n(sec.54H-ssec.2) A building management statement may be extinguished in part to remove a lot that is not contained in, or does not contain, a building or a part of a building, by registering an instrument of partial extinguishment of the building management statement.\n(sec.54H-ssec.3) The instrument of extinguishment or partial extinguishment must be signed by the registered owners of all lots to which the building management statement applies.\n(sec.54H-ssec.4) Subsection (3) does not apply if the instrument of extinguishment or partial extinguishment relates to an order of the court under the Property Law Act 2023 , section 181 .\n(sec.54H-ssec.5) However, a building management statement may be extinguished or partially extinguished only if— for a partial extinguishment—all registered mortgagees of a lot to be removed consent to the partial extinguishment; or otherwise—all registered mortgagees of lots to which the building management statement applies consent to the extinguishment.\n- (a) for a partial extinguishment—all registered mortgagees of a lot to be removed consent to the partial extinguishment; or\n- (b) otherwise—all registered mortgagees of lots to which the building management statement applies consent to the extinguishment.","sortOrder":113},{"sectionNumber":"sec.54I","sectionType":"section","heading":"Lots constituted by community titles schemes","content":"### sec.54I Lots constituted by community titles schemes\n\nFor the operation of this division—\na lot could be constituted by the scheme land for a community titles scheme; and\nfor the signing of the statement, or an amendment, extinguishment or partial extinguishment of the statement, by the registered owner of the lot, the body corporate for the scheme is taken to be the registered owner.\nTo remove any doubt, it is declared that if a building management statement applies to scheme land for a community titles scheme, the building management statement is binding on the community titles scheme.\nAlso, if the building management statement provides for the establishment and operation of a management group, a decision made by the management group under the building management statement is binding on the community titles scheme.\nSubsections (2) and (3) have effect despite section 97 of the BCCM Act .\nTo remove any doubt, it is declared that if a building management statement applies to scheme land for a community titles scheme, registration of the building management statement does not, and can not, give the body corporate of the community titles scheme an interest in any particular lot included in the scheme.\ns 54I ins 1997 No. 28 s 295 sch 3\namd 2005 No. 68 s 73\n(sec.54I-ssec.1) For the operation of this division— a lot could be constituted by the scheme land for a community titles scheme; and for the signing of the statement, or an amendment, extinguishment or partial extinguishment of the statement, by the registered owner of the lot, the body corporate for the scheme is taken to be the registered owner.\n(sec.54I-ssec.2) To remove any doubt, it is declared that if a building management statement applies to scheme land for a community titles scheme, the building management statement is binding on the community titles scheme.\n(sec.54I-ssec.3) Also, if the building management statement provides for the establishment and operation of a management group, a decision made by the management group under the building management statement is binding on the community titles scheme.\n(sec.54I-ssec.4) Subsections (2) and (3) have effect despite section 97 of the BCCM Act .\n(sec.54I-ssec.5) To remove any doubt, it is declared that if a building management statement applies to scheme land for a community titles scheme, registration of the building management statement does not, and can not, give the body corporate of the community titles scheme an interest in any particular lot included in the scheme.\n- (a) a lot could be constituted by the scheme land for a community titles scheme; and\n- (b) for the signing of the statement, or an amendment, extinguishment or partial extinguishment of the statement, by the registered owner of the lot, the body corporate for the scheme is taken to be the registered owner.","sortOrder":114},{"sectionNumber":"sec.54J","sectionType":"section","heading":"Building management statement affecting freehold and non-freehold land","content":"### sec.54J Building management statement affecting freehold and non-freehold land\n\nIf a building management statement benefits or burdens both freehold and non-freehold land, the building management statement must be registered in the appropriate registers.\nFurther dealings affecting the building management statement must also be registered in the appropriate registers.\nIf a lot subject to a building management statement, including a lot over which a lease is issued under the Land Act 1994 , is surrendered to the State to be dealt with under the Land Act 1994 , the building management statement continues over the resulting unallocated State land only if the Minister approves the continuation.\nIn considering whether to approve the continuation of the building management statement, the Minister may consider if it is reasonably necessary to benefit the lots, including the unallocated State land, the subject of the building management statement.\nIn this section—\nMinister means the Minister administering the Land Act 1994 .\ns 54J ins 2004 No. 9 s 82\n(sec.54J-ssec.1) If a building management statement benefits or burdens both freehold and non-freehold land, the building management statement must be registered in the appropriate registers.\n(sec.54J-ssec.2) Further dealings affecting the building management statement must also be registered in the appropriate registers.\n(sec.54J-ssec.3) If a lot subject to a building management statement, including a lot over which a lease is issued under the Land Act 1994 , is surrendered to the State to be dealt with under the Land Act 1994 , the building management statement continues over the resulting unallocated State land only if the Minister approves the continuation.\n(sec.54J-ssec.4) In considering whether to approve the continuation of the building management statement, the Minister may consider if it is reasonably necessary to benefit the lots, including the unallocated State land, the subject of the building management statement.\n(sec.54J-ssec.5) In this section— Minister means the Minister administering the Land Act 1994 .","sortOrder":115},{"sectionNumber":"pt.5","sectionType":"part","heading":"Joint holders in a lot","content":"# Joint holders in a lot","sortOrder":116},{"sectionNumber":"sec.55","sectionType":"section","heading":"Registering life interests and remainders","content":"### sec.55 Registering life interests and remainders\n\nThe registrar may record in the freehold land register an interest in a lot for life and an interest in remainder in the way the registrar considers appropriate.","sortOrder":117},{"sectionNumber":"sec.56","sectionType":"section","heading":"Registering co-owners","content":"### sec.56 Registering co-owners\n\nIn registering an instrument transferring an interest to co-owners, the registrar must also register the co-owners as holding their interests as tenants in common or as joint tenants.\nIf the instrument does not show whether co-owners are to hold as tenants in common or as joint tenants, the registrar must register the co-owners as tenants in common.\n(sec.56-ssec.1) In registering an instrument transferring an interest to co-owners, the registrar must also register the co-owners as holding their interests as tenants in common or as joint tenants.\n(sec.56-ssec.2) If the instrument does not show whether co-owners are to hold as tenants in common or as joint tenants, the registrar must register the co-owners as tenants in common.","sortOrder":118},{"sectionNumber":"sec.57","sectionType":"section","heading":"Separate indefeasible titles for tenants in common","content":"### sec.57 Separate indefeasible titles for tenants in common\n\nIf a lot is, or is to be held, by 2 or more registered owners as tenants in common, the registrar may create a separate indefeasible title for the interest of each owner by including a separate set of particulars in the freehold land register for the interest of each owner.\nThe registrar may act under this section at the request of an owner.\n(sec.57-ssec.1) If a lot is, or is to be held, by 2 or more registered owners as tenants in common, the registrar may create a separate indefeasible title for the interest of each owner by including a separate set of particulars in the freehold land register for the interest of each owner.\n(sec.57-ssec.2) The registrar may act under this section at the request of an owner.","sortOrder":119},{"sectionNumber":"sec.58","sectionType":"section","heading":"Time share schemes","content":"### sec.58 Time share schemes\n\nIf a registered owner of a lot subject to a time share scheme proposes to transfer to each participant in the scheme an interest as tenant in common with other participants, the registrar may create in the name of the registered owner—\nseparate indefeasible titles for each interest by including a separate set of particulars in the freehold land register for each interest; or\na single indefeasible title for several interests by including a single set of particulars in the freehold land register for the interests.\n- (a) separate indefeasible titles for each interest by including a separate set of particulars in the freehold land register for each interest; or\n- (b) a single indefeasible title for several interests by including a single set of particulars in the freehold land register for the interests.","sortOrder":120},{"sectionNumber":"sec.59","sectionType":"section","heading":"Severing joint tenancy","content":"### sec.59 Severing joint tenancy\n\nA registered owner of a lot subject to a joint tenancy may unilaterally sever the joint tenancy by registration of a transfer executed by the registered owner.\nHowever, the registrar may register the instrument of transfer only if the registrar is satisfied the registered owner has given, or made a reasonable attempt to give, each other joint tenant the following—\nif the instrument is an electronic conveyancing document—written notice of the registered owner’s intention to sever the joint tenancy under subsection (1) ;\notherwise—a copy of the instrument.\nOn registration of the instrument of transfer, the registered owner becomes entitled as a tenant in common with the other registered owners.\nIf there are more than 2 joint tenants of the lot, the joint tenancy of the other registered owners is not affected.\ns 59 amd 2013 No. 17 s 41 ; 2013 No. 23 s 118\n(sec.59-ssec.1) A registered owner of a lot subject to a joint tenancy may unilaterally sever the joint tenancy by registration of a transfer executed by the registered owner.\n(sec.59-ssec.2) However, the registrar may register the instrument of transfer only if the registrar is satisfied the registered owner has given, or made a reasonable attempt to give, each other joint tenant the following— if the instrument is an electronic conveyancing document—written notice of the registered owner’s intention to sever the joint tenancy under subsection (1) ; otherwise—a copy of the instrument.\n(sec.59-ssec.3) On registration of the instrument of transfer, the registered owner becomes entitled as a tenant in common with the other registered owners.\n(sec.59-ssec.4) If there are more than 2 joint tenants of the lot, the joint tenancy of the other registered owners is not affected.\n- (a) if the instrument is an electronic conveyancing document—written notice of the registered owner’s intention to sever the joint tenancy under subsection (1) ;\n- (b) otherwise—a copy of the instrument.","sortOrder":121},{"sectionNumber":"pt.6","sectionType":"part","heading":"Dealings directly affecting lots","content":"# Dealings directly affecting lots","sortOrder":122},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Transfers","content":"## Transfers","sortOrder":123},{"sectionNumber":"sec.60","sectionType":"section","heading":"Registering a transfer","content":"### sec.60 Registering a transfer\n\nA lot or an interest in a lot may be transferred by registering an instrument of transfer for the lot or interest.\nTo remove any doubt, part of a lot may not be transferred.\n(sec.60-ssec.1) A lot or an interest in a lot may be transferred by registering an instrument of transfer for the lot or interest.\n(sec.60-ssec.2) To remove any doubt, part of a lot may not be transferred.","sortOrder":124},{"sectionNumber":"sec.61","sectionType":"section","heading":"Requirements of instrument of transfer","content":"### sec.61 Requirements of instrument of transfer\n\nAn instrument of transfer for a lot or an interest in a lot must—\nbe validly executed; and\ninclude particulars sufficient to identify—\nthe lot to be transferred; or\nthe lot to which the interest applies; and\ninclude an acknowledgement of the amount paid or details of other consideration; and\nfor an interest in a lot—include a description sufficient to identify the interest to be transferred.\nSubsection (1) does not limit the matters that the appropriate form for an instrument of transfer may require to be included in the instrument.\n(sec.61-ssec.1) An instrument of transfer for a lot or an interest in a lot must— be validly executed; and include particulars sufficient to identify— the lot to be transferred; or the lot to which the interest applies; and include an acknowledgement of the amount paid or details of other consideration; and for an interest in a lot—include a description sufficient to identify the interest to be transferred.\n(sec.61-ssec.2) Subsection (1) does not limit the matters that the appropriate form for an instrument of transfer may require to be included in the instrument.\n- (a) be validly executed; and\n- (b) include particulars sufficient to identify— (i) the lot to be transferred; or (ii) the lot to which the interest applies; and\n- (i) the lot to be transferred; or\n- (ii) the lot to which the interest applies; and\n- (c) include an acknowledgement of the amount paid or details of other consideration; and\n- (d) for an interest in a lot—include a description sufficient to identify the interest to be transferred.\n- (i) the lot to be transferred; or\n- (ii) the lot to which the interest applies; and","sortOrder":125},{"sectionNumber":"sec.62","sectionType":"section","heading":"Effect of registration of transfer","content":"### sec.62 Effect of registration of transfer\n\nOn registration of an instrument of transfer for a lot or an interest in a lot, all the rights, powers, privileges and liabilities of the transferor in relation to the lot vest in the transferee.\nWithout limiting subsection (1) , the registered transferee of a registered mortgage is bound by and liable under the mortgage to the same extent as the original mortgagee.\nWithout limiting subsection (1) , the registered transferee of a registered lease is bound by and liable under the lease to the same extent as the original lessee.\nIn this section—\nrights , in relation to a mortgage or lease, includes the right to sue on the terms of the mortgage or lease and to recover a debt or enforce a liability under the mortgage or lease.\n(sec.62-ssec.1) On registration of an instrument of transfer for a lot or an interest in a lot, all the rights, powers, privileges and liabilities of the transferor in relation to the lot vest in the transferee.\n(sec.62-ssec.2) Without limiting subsection (1) , the registered transferee of a registered mortgage is bound by and liable under the mortgage to the same extent as the original mortgagee.\n(sec.62-ssec.3) Without limiting subsection (1) , the registered transferee of a registered lease is bound by and liable under the lease to the same extent as the original lessee.\n(sec.62-ssec.4) In this section— rights , in relation to a mortgage or lease, includes the right to sue on the terms of the mortgage or lease and to recover a debt or enforce a liability under the mortgage or lease.","sortOrder":126},{"sectionNumber":"sec.63","sectionType":"section","heading":"Dealing with mortgaged lot","content":"### sec.63 Dealing with mortgaged lot\n\nIf a lot, or an interest in a lot, subject to a registered mortgage is transferred, the transferee is liable—\nto comply with the terms of the mortgage and the terms implied by an Act; and\nto indemnify the transferor against liability under the mortgage and under this or another Act.\nIf a mortgagee of a lot becomes the registered owner of the lot, the registrar must register the mortgagee as registered owner released from the mortgage.\nThe registrar must act under subsection (2) unless the mortgagee asks the registrar not to act under the subsection.\ns 63 amd 2014 No. 29 s 105\n(sec.63-ssec.1) If a lot, or an interest in a lot, subject to a registered mortgage is transferred, the transferee is liable— to comply with the terms of the mortgage and the terms implied by an Act; and to indemnify the transferor against liability under the mortgage and under this or another Act.\n(sec.63-ssec.2) If a mortgagee of a lot becomes the registered owner of the lot, the registrar must register the mortgagee as registered owner released from the mortgage.\n(sec.63-ssec.3) The registrar must act under subsection (2) unless the mortgagee asks the registrar not to act under the subsection.\n- (a) to comply with the terms of the mortgage and the terms implied by an Act; and\n- (b) to indemnify the transferor against liability under the mortgage and under this or another Act.","sortOrder":127},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Leases","content":"## Leases","sortOrder":128},{"sectionNumber":"sec.64","sectionType":"section","heading":"Registering a lease","content":"### sec.64 Registering a lease\n\nA lot or part of a lot may be leased by registering an instrument of lease for the lot or part.","sortOrder":129},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirements of instrument of lease","content":"### sec.65 Requirements of instrument of lease\n\nAn instrument of lease for a lot or part of a lot must—\nbe validly executed; and\ninclude a description sufficient to identify the lot or part of the lot to be leased; and\ninclude an acknowledgement of the amount paid or details of other consideration.\nIf the instrument of lease is for part of the lot, for subsection (1) (b) , the instrument must identify the part of the lot by reference to whichever of the following the registrar requires—\na sketch plan in the instrument, drawn to a standard to the registrar’s satisfaction;\na building lease plan, drawn to a standard to the registrar’s satisfaction;\na plan of survey.\nHowever, the registrar may allow the part of the lot to be identified by a description alone if the registrar is satisfied the part of a lot is sufficiently identified by the description in the instrument.\nIf the instrument of lease (other than a lease of all or part of a building) is for reconfiguring a lot within the meaning of the Planning Act , the instrument must have been approved by—\nif the lot is in a priority development area—MEDQ; or\nif the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or\notherwise—the relevant local government.\nThis section does not limit the matters that the appropriate form for an instrument of lease may require to be included in the instrument.\ns 65 amd 1994 No. 33 s 7 (retro); 1998 No. 31 s 83 ; 2001 No. 33 s 27 ; 2001 No. 92 s 21 ; 2007 No. 41 s 239 ; 2009 No. 36 s 872 sch 2 ; 2012 No. 43 s 221 sch 1 ; 2014 No. 40 s 154 s ch 1 pt 1 ; 2016 No. 27 s 294 ; 2020 No. 9 s 31\n(sec.65-ssec.1) An instrument of lease for a lot or part of a lot must— be validly executed; and include a description sufficient to identify the lot or part of the lot to be leased; and include an acknowledgement of the amount paid or details of other consideration.\n(sec.65-ssec.2) If the instrument of lease is for part of the lot, for subsection (1) (b) , the instrument must identify the part of the lot by reference to whichever of the following the registrar requires— a sketch plan in the instrument, drawn to a standard to the registrar’s satisfaction; a building lease plan, drawn to a standard to the registrar’s satisfaction; a plan of survey.\n(sec.65-ssec.3) However, the registrar may allow the part of the lot to be identified by a description alone if the registrar is satisfied the part of a lot is sufficiently identified by the description in the instrument.\n(sec.65-ssec.3A) If the instrument of lease (other than a lease of all or part of a building) is for reconfiguring a lot within the meaning of the Planning Act , the instrument must have been approved by— if the lot is in a priority development area—MEDQ; or if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government.\n(sec.65-ssec.4) This section does not limit the matters that the appropriate form for an instrument of lease may require to be included in the instrument.\n- (a) be validly executed; and\n- (b) include a description sufficient to identify the lot or part of the lot to be leased; and\n- (c) include an acknowledgement of the amount paid or details of other consideration.\n- (a) a sketch plan in the instrument, drawn to a standard to the registrar’s satisfaction;\n- (b) a building lease plan, drawn to a standard to the registrar’s satisfaction;\n- (c) a plan of survey.\n- (a) if the lot is in a priority development area—MEDQ; or\n- (aa) if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or\n- (b) otherwise—the relevant local government.","sortOrder":130},{"sectionNumber":"sec.66","sectionType":"section","heading":"Validity of lease or amendment of lease against mortgagee","content":"### sec.66 Validity of lease or amendment of lease against mortgagee\n\nA lease or amendment of a lease executed after registration of a mortgage of a lot is valid against the mortgagee only if the mortgagee consents to the lease or amendment before its registration.","sortOrder":131},{"sectionNumber":"sec.67","sectionType":"section","heading":"Amending a lease","content":"### sec.67 Amending a lease\n\nA registered lease may be amended by registering an instrument of amendment of the lease.\nHowever, the instrument of amendment must not—\nincrease or decrease the area leased; or\nadd or remove a party to the lease; or\nbe lodged after the lease’s term has ended.\nThe term of a registered lease includes a period of possession under the lease because—\nan option to renew in the lease has been exercised, whether or not an instrument of amendment has been registered to extend the term of the lease for the option period; or\notherwise—an instrument of amendment extending the term of the lease has been registered.\nHowever, subsection (3) (a) applies to a second or subsequent option to renew in a lease only if, before the end of the option period for the previous option, an instrument of amendment was registered to extend the term of lease for that previous option period.\nThe procedure for amendment specified in this section is in addition to other rights that are not inconsistent with this Act.\nIn this section—\noption period , for an option to renew in a lease, means the period for which the term of a lease is, or will be, extended by the exercise of the option.\ns 67 amd 2013 No. 23 s 119 ; 2019 No. 7 s 313 s ch 1 pt 1\n(sec.67-ssec.1) A registered lease may be amended by registering an instrument of amendment of the lease.\n(sec.67-ssec.2) However, the instrument of amendment must not— increase or decrease the area leased; or add or remove a party to the lease; or be lodged after the lease’s term has ended.\n(sec.67-ssec.3) The term of a registered lease includes a period of possession under the lease because— an option to renew in the lease has been exercised, whether or not an instrument of amendment has been registered to extend the term of the lease for the option period; or otherwise—an instrument of amendment extending the term of the lease has been registered.\n(sec.67-ssec.4) However, subsection (3) (a) applies to a second or subsequent option to renew in a lease only if, before the end of the option period for the previous option, an instrument of amendment was registered to extend the term of lease for that previous option period.\n(sec.67-ssec.5) The procedure for amendment specified in this section is in addition to other rights that are not inconsistent with this Act.\n(sec.67-ssec.6) In this section— option period , for an option to renew in a lease, means the period for which the term of a lease is, or will be, extended by the exercise of the option.\n- (a) increase or decrease the area leased; or\n- (b) add or remove a party to the lease; or\n- (c) be lodged after the lease’s term has ended.\n- (a) an option to renew in the lease has been exercised, whether or not an instrument of amendment has been registered to extend the term of the lease for the option period; or\n- (b) otherwise—an instrument of amendment extending the term of the lease has been registered.","sortOrder":132},{"sectionNumber":"sec.68","sectionType":"section","heading":"Re-entry by lessor","content":"### sec.68 Re-entry by lessor\n\nIf a lessor under a registered lease of a lot or part of a lot lawfully re-enters and takes possession under the lease, the lessor may lodge a request for the registrar to register the re-entry.\nThe interest of the lessee ends on the registration of the request for the re-entry.\n(sec.68-ssec.1) If a lessor under a registered lease of a lot or part of a lot lawfully re-enters and takes possession under the lease, the lessor may lodge a request for the registrar to register the re-entry.\n(sec.68-ssec.2) The interest of the lessee ends on the registration of the request for the re-entry.","sortOrder":133},{"sectionNumber":"sec.69","sectionType":"section","heading":"Surrendering a lease","content":"### sec.69 Surrendering a lease\n\nA registered lease may be wholly or partly surrendered by operation of law or by registering an instrument of surrender of the lease executed by the lessor and the lessee.\nHowever, a registered lease may be surrendered by registering an instrument of surrender only with the consent of every registered mortgagee and registered sublessee of the lessee.\nAlso, if a registered lease (the surrendered lease ) has been wholly or partly surrendered by operation of law, the registrar may register an instrument evidencing the surrender if satisfied every registered mortgagee and registered sublessee of the lessee under the surrendered lease has been given written notice of the surrender.\nIf an instrument of surrender of lease is lodged, the registrar may register the instrument and record the date of surrender specified in the instrument in the freehold land register.\nOn registration of an instrument of surrender of a registered lease, the interest of the lessee vests in the lessor.\nThis section does not apply to a surrender or disclaimer under a law about bankruptcy.\ns 69 amd 2019 No. 7 s 227\n(sec.69-ssec.1) A registered lease may be wholly or partly surrendered by operation of law or by registering an instrument of surrender of the lease executed by the lessor and the lessee.\n(sec.69-ssec.2) However, a registered lease may be surrendered by registering an instrument of surrender only with the consent of every registered mortgagee and registered sublessee of the lessee.\n(sec.69-ssec.3) Also, if a registered lease (the surrendered lease ) has been wholly or partly surrendered by operation of law, the registrar may register an instrument evidencing the surrender if satisfied every registered mortgagee and registered sublessee of the lessee under the surrendered lease has been given written notice of the surrender.\n(sec.69-ssec.4) If an instrument of surrender of lease is lodged, the registrar may register the instrument and record the date of surrender specified in the instrument in the freehold land register.\n(sec.69-ssec.5) On registration of an instrument of surrender of a registered lease, the interest of the lessee vests in the lessor.\n(sec.69-ssec.6) This section does not apply to a surrender or disclaimer under a law about bankruptcy.","sortOrder":134},{"sectionNumber":"sec.70","sectionType":"section","heading":"Disclaimer in bankruptcy","content":"### sec.70 Disclaimer in bankruptcy\n\nThe registrar may register a disclaimer of a lease or other interest in a lot under a law about bankruptcy only if notice of the disclaimer and a request to register it is lodged.","sortOrder":135},{"sectionNumber":"sec.71","sectionType":"section","heading":"Validity of unregistered lease","content":"### sec.71 Validity of unregistered lease\n\nAn unregistered lease of a lot or part of a lot is not invalid merely because it is unregistered.","sortOrder":136},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Mortgages","content":"## Mortgages","sortOrder":137},{"sectionNumber":"sec.72","sectionType":"section","heading":"Mortgaging lot etc. by registration","content":"### sec.72 Mortgaging lot etc. by registration\n\nA lot or an interest in a lot may be mortgaged by registering an instrument of mortgage for the lot or interest.\nHowever, a mortgage is not an interest in a lot that can be mortgaged.\ns 72 amd 2005 No. 68 s 74\n(sec.72-ssec.1) A lot or an interest in a lot may be mortgaged by registering an instrument of mortgage for the lot or interest.\n(sec.72-ssec.2) However, a mortgage is not an interest in a lot that can be mortgaged.","sortOrder":138},{"sectionNumber":"sec.73","sectionType":"section","heading":"Requirements of instrument of mortgage","content":"### sec.73 Requirements of instrument of mortgage\n\nAn instrument of mortgage must—\nbe validly executed; and\ninclude a description sufficient to identify the lot to be mortgaged; and\ninclude a description of the debt or liability secured by the mortgage; and\ninclude a description sufficient to identify the interest to be mortgaged.\nIf the mortgagor is registered as a trustee, a document specifying the details of the trust, or the document creating the trust, must be deposited with the mortgage unless—\na document has already been deposited with an instrument of transfer under section 110 (3) ; and\nthe details of the trust have not since changed.\nSubsection (1) does not limit the matters that the appropriate form for an instrument of mortgage may require to be included in the form.\ns 73 amd 1994 No. 33 (retro) s 8 ; 1994 No. 81 s 527 sch 5 (amd 1995 No. 32 s 23 sch )\n(sec.73-ssec.1) An instrument of mortgage must— be validly executed; and include a description sufficient to identify the lot to be mortgaged; and include a description of the debt or liability secured by the mortgage; and include a description sufficient to identify the interest to be mortgaged.\n(sec.73-ssec.2) If the mortgagor is registered as a trustee, a document specifying the details of the trust, or the document creating the trust, must be deposited with the mortgage unless— a document has already been deposited with an instrument of transfer under section 110 (3) ; and the details of the trust have not since changed.\n(sec.73-ssec.3) Subsection (1) does not limit the matters that the appropriate form for an instrument of mortgage may require to be included in the form.\n- (a) be validly executed; and\n- (b) include a description sufficient to identify the lot to be mortgaged; and\n- (c) include a description of the debt or liability secured by the mortgage; and\n- (d) include a description sufficient to identify the interest to be mortgaged.\n- (a) a document has already been deposited with an instrument of transfer under section 110 (3) ; and\n- (b) the details of the trust have not since changed.","sortOrder":139},{"sectionNumber":"sec.74","sectionType":"section","heading":"Effect of registration of a mortgage","content":"### sec.74 Effect of registration of a mortgage\n\nA registered mortgage of a lot or an interest in a lot operates only as a charge on the lot or interest for the debt or liability secured by the mortgage.\ns 74 amd 1994 No. 33 s 9 (retro)","sortOrder":140},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 om 2019 No. 7 s 242","sortOrder":141},{"sectionNumber":"sec.76","sectionType":"section","heading":"Amending a mortgage","content":"### sec.76 Amending a mortgage\n\nA registered mortgage may be amended by registering an instrument of amendment of the mortgage.\nHowever, the instrument of amendment must not—\nincrease or decrease the area of land charged by the mortgage; or\nadd or remove a party to the mortgage.\n(sec.76-ssec.1) A registered mortgage may be amended by registering an instrument of amendment of the mortgage.\n(sec.76-ssec.2) However, the instrument of amendment must not— increase or decrease the area of land charged by the mortgage; or add or remove a party to the mortgage.\n- (a) increase or decrease the area of land charged by the mortgage; or\n- (b) add or remove a party to the mortgage.","sortOrder":142},{"sectionNumber":"sec.77","sectionType":"section","heading":"Amending priority of mortgages","content":"### sec.77 Amending priority of mortgages\n\nThe priority of registered mortgages may be amended by registering an instrument amending priority.\nThe instrument amending priority must—\nspecify the order of priority of all affected registered mortgages; and\nbe executed by all mortgagees affected by the amendment.\nOn registration of the instrument amending priority, the mortgages have priority in the order specified in the instrument.\n(sec.77-ssec.1) The priority of registered mortgages may be amended by registering an instrument amending priority.\n(sec.77-ssec.2) The instrument amending priority must— specify the order of priority of all affected registered mortgages; and be executed by all mortgagees affected by the amendment.\n(sec.77-ssec.3) On registration of the instrument amending priority, the mortgages have priority in the order specified in the instrument.\n- (a) specify the order of priority of all affected registered mortgages; and\n- (b) be executed by all mortgagees affected by the amendment.","sortOrder":143},{"sectionNumber":"sec.78","sectionType":"section","heading":"Powers of mortgagee","content":"### sec.78 Powers of mortgagee\n\nA registered mortgagee of a lot has the powers and liabilities of a mortgagee under the Property Law Act 2023 , part 8 .\nWithout limiting subsection (1) , but subject to the terms of the mortgage, if the mortgagor defaults under a registered mortgage, the mortgagee may—\ntake possession of the mortgaged lot in a way that does not contravene the Criminal Code , section 70 ; or\nenter into possession of the mortgaged lot by receiving rents and profits; or\nby a proceeding in a court of competent jurisdiction—\nobtain possession of the mortgaged lot; or\nforeclose the right of the mortgagor to redeem the mortgaged lot; or\nobtain an order of the court for the sale of the mortgaged lot.\nThe powers in this section are in addition to other powers exercisable by the mortgagee.\ns 78 amd 1994 No. 33 s 10 (retro); 1994 No. 81 s 527 sch 5 ; 2023 No. 27 s 289 sch 3\n(sec.78-ssec.1) A registered mortgagee of a lot has the powers and liabilities of a mortgagee under the Property Law Act 2023 , part 8 .\n(sec.78-ssec.2) Without limiting subsection (1) , but subject to the terms of the mortgage, if the mortgagor defaults under a registered mortgage, the mortgagee may— take possession of the mortgaged lot in a way that does not contravene the Criminal Code , section 70 ; or enter into possession of the mortgaged lot by receiving rents and profits; or by a proceeding in a court of competent jurisdiction— obtain possession of the mortgaged lot; or foreclose the right of the mortgagor to redeem the mortgaged lot; or obtain an order of the court for the sale of the mortgaged lot.\n(sec.78-ssec.3) The powers in this section are in addition to other powers exercisable by the mortgagee.\n- (a) take possession of the mortgaged lot in a way that does not contravene the Criminal Code , section 70 ; or\n- (b) enter into possession of the mortgaged lot by receiving rents and profits; or\n- (c) by a proceeding in a court of competent jurisdiction— (i) obtain possession of the mortgaged lot; or (ii) foreclose the right of the mortgagor to redeem the mortgaged lot; or (iii) obtain an order of the court for the sale of the mortgaged lot.\n- (i) obtain possession of the mortgaged lot; or\n- (ii) foreclose the right of the mortgagor to redeem the mortgaged lot; or\n- (iii) obtain an order of the court for the sale of the mortgaged lot.\n- (i) obtain possession of the mortgaged lot; or\n- (ii) foreclose the right of the mortgagor to redeem the mortgaged lot; or\n- (iii) obtain an order of the court for the sale of the mortgaged lot.","sortOrder":144},{"sectionNumber":"sec.79","sectionType":"section","heading":"Effect of transfer after sale by mortgagee","content":"### sec.79 Effect of transfer after sale by mortgagee\n\nIf an instrument of transfer executed by a registered mortgagee after the exercise of the power of sale under the mortgage is registered, registration of the instrument vests in the transferee the mortgagor’s interest that is transferred, free from liability under the mortgage and any other mortgage registered after it.","sortOrder":145},{"sectionNumber":"sec.80","sectionType":"section","heading":"Liability of mortgagee in possession of leased lot","content":"### sec.80 Liability of mortgagee in possession of leased lot\n\nA mortgagee of a leasehold interest in a lot who enters into possession under the lease (whether by taking the rents or profits or in another way) is liable under the lease to the same extent as the lessee was liable under the lease before the mortgagee entered into possession.\nHowever, the liability of the mortgagee under the lease is limited to the amount of rents, profits or other benefits received by the mortgagee during the mortgagee’s possession.\n(sec.80-ssec.1) A mortgagee of a leasehold interest in a lot who enters into possession under the lease (whether by taking the rents or profits or in another way) is liable under the lease to the same extent as the lessee was liable under the lease before the mortgagee entered into possession.\n(sec.80-ssec.2) However, the liability of the mortgagee under the lease is limited to the amount of rents, profits or other benefits received by the mortgagee during the mortgagee’s possession.","sortOrder":146},{"sectionNumber":"sec.81","sectionType":"section","heading":"Releasing a mortgage","content":"### sec.81 Releasing a mortgage\n\nOn lodgement of an instrument releasing a mortgage, the registrar may register the release to the extent shown in the instrument of release.\nThe instrument of release may release the debt or liability secured for—\nall or part of the mortgage; or\n1 or more of the mortgagors.\nOn registration of the instrument of release, the mortgage is discharged, and the lot is released from the mortgage, to the extent shown in the instrument of release.\n(sec.81-ssec.1) On lodgement of an instrument releasing a mortgage, the registrar may register the release to the extent shown in the instrument of release.\n(sec.81-ssec.2) The instrument of release may release the debt or liability secured for— all or part of the mortgage; or 1 or more of the mortgagors.\n(sec.81-ssec.3) On registration of the instrument of release, the mortgage is discharged, and the lot is released from the mortgage, to the extent shown in the instrument of release.\n- (a) all or part of the mortgage; or\n- (b) 1 or more of the mortgagors.","sortOrder":147},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Easements","content":"## Easements","sortOrder":148},{"sectionNumber":"sec.81A","sectionType":"section","heading":"Definitions for div 4","content":"### sec.81A Definitions for div 4\n\nIn this division—\ncane railway easement see the Sugar Industry Act 1999 , section 63 (5) .\ns 81A def cane railway easement ins 2008 No. 22 s 43 (1)\nfull supply level ...\ns 81A def full supply level ins 2003 No. 25 s 11\namd 2008 No. 34 s 751 sch 2\nom 2023 No. 2 s 108 sch 1\nmill owner see the Sugar Industry Act 1999 , schedule .\ns 81A def mill owner ins 2008 No. 22 s 43 (1)\npublic thoroughfare easement means a public utility easement provided for under section 89 (3) .\ns 81A def public thoroughfare easement ins 2005 No. 68 s 75 (1)\npublic utility easement means an easement in favour of a public utility provider.\npublic utility provider means—\nthe State or another entity representing the State; or\nthe Commonwealth or another entity representing the Commonwealth; or\na local government; or\na person authorised by law to provide a public utility service; or\na person authorised under an Act to provide a particular public utility service;\na special approval holder under the Electricity Act 1994 or a service provider for a registered service under the Water Supply (Safety and Reliability) Act 2008\nan entity approved by the Minister as suitable to provide infrastructure for use by another entity in the provision of a particular public utility service;\na relevant infrastructure owner as defined under the Water Supply (Safety and Reliability) Act 2008 whose infrastructure may be used by another entity authorised to supply a water or sewerage service under that Act\na person approved by the Minister as suitable to provide a particular public utility service; or\na mill owner, but only for the registration of a cane railway easement.\ns 81A def public utility provider amd 2005 No. 68 s 75 (2) ; 2008 No. 22 s 43 (2) ; 2013 No. 23 s 120\ns 81A ins 1997 No. 78 s 82\n- (a) the State or another entity representing the State; or\n- (b) the Commonwealth or another entity representing the Commonwealth; or\n- (c) a local government; or\n- (d) a person authorised by law to provide a public utility service; or\n- (e) a person authorised under an Act to provide a particular public utility service; Examples for paragraph (e) — a special approval holder under the Electricity Act 1994 or a service provider for a registered service under the Water Supply (Safety and Reliability) Act 2008\n- (f) an entity approved by the Minister as suitable to provide infrastructure for use by another entity in the provision of a particular public utility service; Example for paragraph (f) — a relevant infrastructure owner as defined under the Water Supply (Safety and Reliability) Act 2008 whose infrastructure may be used by another entity authorised to supply a water or sewerage service under that Act\n- (g) a person approved by the Minister as suitable to provide a particular public utility service; or\n- (h) a mill owner, but only for the registration of a cane railway easement.","sortOrder":149},{"sectionNumber":"sec.82","sectionType":"section","heading":"Creation of easement by registration","content":"### sec.82 Creation of easement by registration\n\nAn easement over a lot or part of a lot may only be created by registering an instrument of easement.\nAn easement over a registered lease of a lot may only be created by registering an instrument of easement.\nThe instrument must state—\nthe nature of the easement and its terms; and\nthe land to be benefited, and the land to be burdened, by the easement; and\nfor a high-density development easement—the purposes under division 4AA for which the easement is created.\nFor subsection (3) (a) , the terms of a high-density development easement are set out in division 4AA .\nA public utility easement for water storage may be created only for water storage—\nfor a weir—on land upstream of the weir and within or outside the storage area at full supply level; or\nfor a dam—on land upstream of the barrier of the dam and outside the storage area at full supply level.\nThe instrument creating the easement must show the part of the land over which water may be stored.\nIn this section—\nfull supply level , for a dam or weir, means the level of the dam’s or weir’s water surface when water storage is at maximum operating level without being affected by flood.\ns 82 amd 1997 No. 78 s 83 ; 2001 No. 33 s 28 ; 2003 No. 25 s 12 ; 2013 No. 23 s 121 ; 2014 No. 29 s 106 ; 2023 No. 2 s 49\n(sec.82-ssec.1) An easement over a lot or part of a lot may only be created by registering an instrument of easement.\n(sec.82-ssec.2) An easement over a registered lease of a lot may only be created by registering an instrument of easement.\n(sec.82-ssec.3) The instrument must state— the nature of the easement and its terms; and the land to be benefited, and the land to be burdened, by the easement; and for a high-density development easement—the purposes under division 4AA for which the easement is created.\n(sec.82-ssec.4) For subsection (3) (a) , the terms of a high-density development easement are set out in division 4AA .\n(sec.82-ssec.5) A public utility easement for water storage may be created only for water storage— for a weir—on land upstream of the weir and within or outside the storage area at full supply level; or for a dam—on land upstream of the barrier of the dam and outside the storage area at full supply level.\n(sec.82-ssec.6) The instrument creating the easement must show the part of the land over which water may be stored.\n(sec.82-ssec.7) In this section— full supply level , for a dam or weir, means the level of the dam’s or weir’s water surface when water storage is at maximum operating level without being affected by flood.\n- (a) the nature of the easement and its terms; and\n- (b) the land to be benefited, and the land to be burdened, by the easement; and\n- (c) for a high-density development easement—the purposes under division 4AA for which the easement is created.\n- (a) for a weir—on land upstream of the weir and within or outside the storage area at full supply level; or\n- (b) for a dam—on land upstream of the barrier of the dam and outside the storage area at full supply level.","sortOrder":150},{"sectionNumber":"sec.83","sectionType":"section","heading":"Registration of easement","content":"### sec.83 Registration of easement\n\nAn instrument of easement may be registered only if—\nfor an easement, other than a high-density development easement, over a part of a lot—a plan of survey designating the easement is registered; and\nit is signed by—\nthe registered owner of the lot or lessee of the registered lease to be burdened; and\nif the easement benefits another lot—the registered owner of the lot; and\nif the easement benefits a registered lease—the lessee; and\nif the easement benefits non-freehold land—the lessee or other person entitled to the land; and\nif the easement is a public utility easement—the public utility provider.\nIf, under the Planning Act , the creation of an easement giving access to a lot from a constructed road is the reconfiguring of a lot, the plan of survey must be approved by—\nif the lot is in a priority development area—MEDQ; or\nif the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or\notherwise—the relevant local government.\nHowever, subsection (2) (a) applies to a plan of survey only if it is a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) .\nAlso, subsection (2) (b) applies to a plan of survey only if it is a plan for which a process for approving the plan is provided under the Planning Act .\ns 83 sub 1997 No. 78 s 84\namd 2001 No. 29 s 17 ; 2007 No. 41 s 240 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 21 s 23 ; 2012 No. 43 s 221 sch 1 ; 2013 No. 23 s 122 ; 2014 No. 40 s 154 s ch 1 pt 1 ; 2016 No. 27 s 295\n(sec.83-ssec.1) An instrument of easement may be registered only if— for an easement, other than a high-density development easement, over a part of a lot—a plan of survey designating the easement is registered; and it is signed by— the registered owner of the lot or lessee of the registered lease to be burdened; and if the easement benefits another lot—the registered owner of the lot; and if the easement benefits a registered lease—the lessee; and if the easement benefits non-freehold land—the lessee or other person entitled to the land; and if the easement is a public utility easement—the public utility provider.\n(sec.83-ssec.2) If, under the Planning Act , the creation of an easement giving access to a lot from a constructed road is the reconfiguring of a lot, the plan of survey must be approved by— if the lot is in a priority development area—MEDQ; or if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government.\n(sec.83-ssec.3) However, subsection (2) (a) applies to a plan of survey only if it is a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) .\n(sec.83-ssec.4) Also, subsection (2) (b) applies to a plan of survey only if it is a plan for which a process for approving the plan is provided under the Planning Act .\n- (a) for an easement, other than a high-density development easement, over a part of a lot—a plan of survey designating the easement is registered; and\n- (b) it is signed by— (i) the registered owner of the lot or lessee of the registered lease to be burdened; and (ii) if the easement benefits another lot—the registered owner of the lot; and (iii) if the easement benefits a registered lease—the lessee; and (iv) if the easement benefits non-freehold land—the lessee or other person entitled to the land; and (v) if the easement is a public utility easement—the public utility provider.\n- (i) the registered owner of the lot or lessee of the registered lease to be burdened; and\n- (ii) if the easement benefits another lot—the registered owner of the lot; and\n- (iii) if the easement benefits a registered lease—the lessee; and\n- (iv) if the easement benefits non-freehold land—the lessee or other person entitled to the land; and\n- (v) if the easement is a public utility easement—the public utility provider.\n- (i) the registered owner of the lot or lessee of the registered lease to be burdened; and\n- (ii) if the easement benefits another lot—the registered owner of the lot; and\n- (iii) if the easement benefits a registered lease—the lessee; and\n- (iv) if the easement benefits non-freehold land—the lessee or other person entitled to the land; and\n- (v) if the easement is a public utility easement—the public utility provider.\n- (a) if the lot is in a priority development area—MEDQ; or\n- (aa) if the lot is in a State development area and the reconfiguration is regulated by an approved development scheme—the Coordinator-General; or\n- (b) otherwise—the relevant local government.","sortOrder":151},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Registration of plan showing proposed easement","content":"### sec.83A Registration of plan showing proposed easement\n\nA plan designating a proposed easement, other than a high-density development easement, may be registered only if the designation includes the words ‘proposed easement’.\nThe designation—\ndoes not create an easement; and\nis not evidence of a present intention to create an easement.\ns 83A ins 1994 No. 81 s 527 sch 5\namd 2013 No. 23 s 123\n(sec.83A-ssec.1) A plan designating a proposed easement, other than a high-density development easement, may be registered only if the designation includes the words ‘proposed easement’.\n(sec.83A-ssec.2) The designation— does not create an easement; and is not evidence of a present intention to create an easement.\n- (a) does not create an easement; and\n- (b) is not evidence of a present intention to create an easement.","sortOrder":152},{"sectionNumber":"sec.84","sectionType":"section","heading":"Limitation of easements","content":"### sec.84 Limitation of easements\n\nAn easement, other than a high-density development easement, may be limited wholly or partly in height, depth or both.\ns 84 amd 2013 No. 23 s 124","sortOrder":153},{"sectionNumber":"sec.85","sectionType":"section","heading":"Instrument affecting freehold and non-freehold land","content":"### sec.85 Instrument affecting freehold and non-freehold land\n\nIf an easement benefits or burdens both freehold and non-freehold land, the easement must be registered in the appropriate registers.\nFurther dealings affecting the easement must also be registered in the appropriate registers.\nIf a lot subject to an easement is surrendered to the State to be dealt with under the Land Act 1994 , the easement continues over the resulting unallocated State land only if—\nthe easement is in favour of a public utility provider; and\nthe Minister approves continuation of the easement.\nIf an easement continues over unallocated State land, the continuation must be recorded in the appropriate registers.\ns 85 sub 1994 No. 81 s 527 sch 5\n(sec.85-ssec.1) If an easement benefits or burdens both freehold and non-freehold land, the easement must be registered in the appropriate registers.\n(sec.85-ssec.2) Further dealings affecting the easement must also be registered in the appropriate registers.\n(sec.85-ssec.3) If a lot subject to an easement is surrendered to the State to be dealt with under the Land Act 1994 , the easement continues over the resulting unallocated State land only if— the easement is in favour of a public utility provider; and the Minister approves continuation of the easement.\n(sec.85-ssec.4) If an easement continues over unallocated State land, the continuation must be recorded in the appropriate registers.\n- (a) the easement is in favour of a public utility provider; and\n- (b) the Minister approves continuation of the easement.","sortOrder":154},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Particulars to be registered","content":"### sec.85A Particulars to be registered\n\nWhen an easement is registered, the following particulars must be recorded in the appropriate registers—\nthe lot burdened by the easement;\nany lot benefited by the easement;\nany registered lease benefited or burdened by the easement;\nif non-freehold land is benefited or burdened by the easement—any registered sublease or sub-sublease benefited or burdened by the easement.\nA public utility easement for water storage burdens the whole of the land any part of which may be affected by the storage.\ns 85A ins 1997 No. 78 s 85\namd 2001 No. 33 s 29\n(sec.85A-ssec.1) When an easement is registered, the following particulars must be recorded in the appropriate registers— the lot burdened by the easement; any lot benefited by the easement; any registered lease benefited or burdened by the easement; if non-freehold land is benefited or burdened by the easement—any registered sublease or sub-sublease benefited or burdened by the easement.\n(sec.85A-ssec.2) A public utility easement for water storage burdens the whole of the land any part of which may be affected by the storage.\n- (a) the lot burdened by the easement;\n- (b) any lot benefited by the easement;\n- (c) any registered lease benefited or burdened by the easement;\n- (d) if non-freehold land is benefited or burdened by the easement—any registered sublease or sub-sublease benefited or burdened by the easement.","sortOrder":155},{"sectionNumber":"sec.85B","sectionType":"section","heading":"Rights and liabilities created on registration of instrument","content":"### sec.85B Rights and liabilities created on registration of instrument\n\nOn registration of the instrument creating an easement, the easement is created and, without anything further, vests in the person entitled to the benefit of it.\nIf the easement is in favour of a public utility provider and is not a public thoroughfare easement, the registered owner of a lot burdened by the easement may recover from the public utility provider a reasonable contribution towards the cost of keeping the part of the lot affected by the easement in a condition appropriate for enjoyment of the easement.\nThe liability to contribute may be amended or excluded by agreement.\ns 85B ins 1997 No. 78 s 85\namd 2005 No. 68 s 76\n(sec.85B-ssec.1) On registration of the instrument creating an easement, the easement is created and, without anything further, vests in the person entitled to the benefit of it.\n(sec.85B-ssec.2) If the easement is in favour of a public utility provider and is not a public thoroughfare easement, the registered owner of a lot burdened by the easement may recover from the public utility provider a reasonable contribution towards the cost of keeping the part of the lot affected by the easement in a condition appropriate for enjoyment of the easement.\n(sec.85B-ssec.3) The liability to contribute may be amended or excluded by agreement.","sortOrder":156},{"sectionNumber":"sec.86","sectionType":"section","heading":"Easement benefiting and burdening same registered owner’s lots","content":"### sec.86 Easement benefiting and burdening same registered owner’s lots\n\nAn instrument of easement may be registered even if—\nthe lot benefited and the lot burdened by the easement have, or are to have, the same registered owner; or\nthe owner of the lot benefited by the easement holds an interest in the lot burdened by the easement.\n- (a) the lot benefited and the lot burdened by the easement have, or are to have, the same registered owner; or\n- (b) the owner of the lot benefited by the easement holds an interest in the lot burdened by the easement.","sortOrder":157},{"sectionNumber":"sec.87","sectionType":"section","heading":"Same person becoming registered owner of benefited and burdened lots","content":"### sec.87 Same person becoming registered owner of benefited and burdened lots\n\nIf the same person becomes the registered owner of the lot benefited and the lot burdened by an easement, the easement is extinguished only if—\nthe registered owner asks the registrar to extinguish the easement; or\nthe registrar creates a single indefeasible title for the lots.\n- (a) the registered owner asks the registrar to extinguish the easement; or\n- (b) the registrar creates a single indefeasible title for the lots.","sortOrder":158},{"sectionNumber":"sec.88","sectionType":"section","heading":"Owner of benefited land acquiring interest in burdened land","content":"### sec.88 Owner of benefited land acquiring interest in burdened land\n\nAn easement is not extinguished merely because the owner of the lot benefited by the easement acquires an interest, or a greater interest, in the lot burdened by the easement.","sortOrder":159},{"sectionNumber":"sec.89","sectionType":"section","heading":"Easements for public utility providers","content":"### sec.89 Easements for public utility providers\n\nDespite section 82 (3) , it is not necessary to state the land to be benefited in a public utility easement that is not attached to, or used or enjoyed with, other land.\nHowever, a public utility easement mentioned in subsection (1) —\nmay be registered only for the following—\na right of way;\ndrainage or sewerage;\nthe supply of water, gas, electricity, telecommunication facilities or another public utility service;\nwater storage;\nan infrastructure corridor;\na purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ;\nin the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 ; and\nmay be registered in favour of a person mentioned in section 81A , definition public utility provider , paragraph (g) , only if the easement is for the public utility service mentioned in the paragraph.\nFurther, a public utility easement mentioned in subsection (1) may be registered for a right of way for the public only if—\nthe public utility provider under the easement is the State or a local government; and\nuse of the easement is limited to the following—\npedestrians;\ncyclists;\nvehicles reasonably necessary for the building and maintenance of the easement.\nA registered public thoroughfare easement is taken not to be registered under this Act to the extent it—\nis inconsistent with the relevant provisions for the easement; or\npurports to provide other than for a public thoroughfare easement.\nSubsection (4) has effect only in relation to public utility easements registered after the commencement of this subsection.\nThe registrar may refuse to register an instrument of easement purporting to be a public thoroughfare easement if the registrar is satisfied it—\nis to any extent inconsistent with the relevant provisions for the easement; or\npurports to any extent to provide other than for a public thoroughfare easement.\nIn this section—\ninfrastructure corridor means an infrastructure corridor under the State Development and Public Works Organisation Act 1971 , section 82 (8) .\npedestrian includes—\nanyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995 ; and\nanyone or anything else whose use of an area is commonly associated with pedestrian use of the area.\na child being pushed in a pram, an animal being taken on a leash\nrelevant provisions , for a public thoroughfare easement, means the provisions about public thoroughfare easements included in—\nif the public utility provider under the easement is a local government—the Local Government Act 2009 ; or\nif the public utility provider under the easement is the State—the Transport Infrastructure Act 1994 .\nSee also the Economic Development Act 2012 , section 51AV and the Queen’s Wharf Brisbane Act 2016 , section 58 in relation to the registration of public thoroughfare easements.\ns 89 amd 1997 No. 28 s 295 sch 3\nsub 1997 No. 78 s 86\namd 2001 No. 33 s 30 ; 2005 No. 68 s 77 ; 2006 No. 54 s 25 ; 2008 No. 2 s 44 ; 2009 No. 17 s 331 sch 1 ; 2013 No. 23 ss 125 , 352 sch 1 pt 1 ; 2019 No. 11 s 231 s ch 1 pt 2\n(sec.89-ssec.1) Despite section 82 (3) , it is not necessary to state the land to be benefited in a public utility easement that is not attached to, or used or enjoyed with, other land.\n(sec.89-ssec.2) However, a public utility easement mentioned in subsection (1) — may be registered only for the following— a right of way; drainage or sewerage; the supply of water, gas, electricity, telecommunication facilities or another public utility service; water storage; an infrastructure corridor; a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ; in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 ; and may be registered in favour of a person mentioned in section 81A , definition public utility provider , paragraph (g) , only if the easement is for the public utility service mentioned in the paragraph.\n(sec.89-ssec.3) Further, a public utility easement mentioned in subsection (1) may be registered for a right of way for the public only if— the public utility provider under the easement is the State or a local government; and use of the easement is limited to the following— pedestrians; cyclists; vehicles reasonably necessary for the building and maintenance of the easement.\n(sec.89-ssec.4) A registered public thoroughfare easement is taken not to be registered under this Act to the extent it— is inconsistent with the relevant provisions for the easement; or purports to provide other than for a public thoroughfare easement.\n(sec.89-ssec.5) Subsection (4) has effect only in relation to public utility easements registered after the commencement of this subsection.\n(sec.89-ssec.6) The registrar may refuse to register an instrument of easement purporting to be a public thoroughfare easement if the registrar is satisfied it— is to any extent inconsistent with the relevant provisions for the easement; or purports to any extent to provide other than for a public thoroughfare easement.\n(sec.89-ssec.7) In this section— infrastructure corridor means an infrastructure corridor under the State Development and Public Works Organisation Act 1971 , section 82 (8) . pedestrian includes— anyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995 ; and anyone or anything else whose use of an area is commonly associated with pedestrian use of the area. a child being pushed in a pram, an animal being taken on a leash relevant provisions , for a public thoroughfare easement, means the provisions about public thoroughfare easements included in— if the public utility provider under the easement is a local government—the Local Government Act 2009 ; or if the public utility provider under the easement is the State—the Transport Infrastructure Act 1994 .\n- (a) may be registered only for the following— (i) a right of way; (ii) drainage or sewerage; (iii) the supply of water, gas, electricity, telecommunication facilities or another public utility service; (iv) water storage; (v) an infrastructure corridor; (vi) a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ; (vii) in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 ; and\n- (i) a right of way;\n- (ii) drainage or sewerage;\n- (iii) the supply of water, gas, electricity, telecommunication facilities or another public utility service;\n- (iv) water storage;\n- (v) an infrastructure corridor;\n- (vi) a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ;\n- (vii) in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 ; and\n- (b) may be registered in favour of a person mentioned in section 81A , definition public utility provider , paragraph (g) , only if the easement is for the public utility service mentioned in the paragraph.\n- (i) a right of way;\n- (ii) drainage or sewerage;\n- (iii) the supply of water, gas, electricity, telecommunication facilities or another public utility service;\n- (iv) water storage;\n- (v) an infrastructure corridor;\n- (vi) a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 (1) ;\n- (vii) in the case of a cane railway easement in favour of a mill owner—a purpose for which a cane railway easement may be granted under the Sugar Industry Act 1999 ; and\n- (a) the public utility provider under the easement is the State or a local government; and\n- (b) use of the easement is limited to the following— (i) pedestrians; (ii) cyclists; (iii) vehicles reasonably necessary for the building and maintenance of the easement.\n- (i) pedestrians;\n- (ii) cyclists;\n- (iii) vehicles reasonably necessary for the building and maintenance of the easement.\n- (i) pedestrians;\n- (ii) cyclists;\n- (iii) vehicles reasonably necessary for the building and maintenance of the easement.\n- (a) is inconsistent with the relevant provisions for the easement; or\n- (b) purports to provide other than for a public thoroughfare easement.\n- (a) is to any extent inconsistent with the relevant provisions for the easement; or\n- (b) purports to any extent to provide other than for a public thoroughfare easement.\n- (a) anyone who is a pedestrian within the meaning of the Transport Operations (Road Use Management) Act 1995 ; and\n- (b) anyone or anything else whose use of an area is commonly associated with pedestrian use of the area. Example for paragraph (b) — a child being pushed in a pram, an animal being taken on a leash\n- (a) if the public utility provider under the easement is a local government—the Local Government Act 2009 ; or\n- (b) if the public utility provider under the easement is the State—the Transport Infrastructure Act 1994 .","sortOrder":160},{"sectionNumber":"sec.90","sectionType":"section","heading":"Surrendering an easement","content":"### sec.90 Surrendering an easement\n\nA registered easement may be wholly or partly surrendered by registering an instrument of surrender of the easement.\nThe instrument of surrender may be signed by—\nthe owner of the lot, or the lessee of the lease, burdened by the easement and the owner of the lot benefited by the easement; or\nonly the owner of the lot, or the lessee of the lease, benefited by the easement; or\nonly the public utility provider in whose favour the easement is registered.\nHowever, a registered easement may be surrendered only if all registered mortgagees and lessees of the lot, or all registered mortgagees and sublessees of the lease, benefited by the easement consent to the surrender.\nSubsection (3) does not apply to a lessee of the lot, or a sublessee of the lease, who does not receive a benefit from the easement.\nIn this section—\nlessee , of a lease, means—\nthe registered lessee of the lease; or\nif the mortgagee of the lease is in possession—the mortgagee in possession.\nowner , of a lot, means—\nthe registered owner of the lot; or\nif the mortgagee of the lot is in possession—the mortgagee in possession.\ns 90 amd 2005 No. 68 s 78 ; 2014 No. 29 s 107\n(sec.90-ssec.1) A registered easement may be wholly or partly surrendered by registering an instrument of surrender of the easement.\n(sec.90-ssec.2) The instrument of surrender may be signed by— the owner of the lot, or the lessee of the lease, burdened by the easement and the owner of the lot benefited by the easement; or only the owner of the lot, or the lessee of the lease, benefited by the easement; or only the public utility provider in whose favour the easement is registered.\n(sec.90-ssec.3) However, a registered easement may be surrendered only if all registered mortgagees and lessees of the lot, or all registered mortgagees and sublessees of the lease, benefited by the easement consent to the surrender.\n(sec.90-ssec.4) Subsection (3) does not apply to a lessee of the lot, or a sublessee of the lease, who does not receive a benefit from the easement.\n(sec.90-ssec.5) In this section— lessee , of a lease, means— the registered lessee of the lease; or if the mortgagee of the lease is in possession—the mortgagee in possession. owner , of a lot, means— the registered owner of the lot; or if the mortgagee of the lot is in possession—the mortgagee in possession.\n- (a) the owner of the lot, or the lessee of the lease, burdened by the easement and the owner of the lot benefited by the easement; or\n- (b) only the owner of the lot, or the lessee of the lease, benefited by the easement; or\n- (c) only the public utility provider in whose favour the easement is registered.\n- (a) the registered lessee of the lease; or\n- (b) if the mortgagee of the lease is in possession—the mortgagee in possession.\n- (a) the registered owner of the lot; or\n- (b) if the mortgagee of the lot is in possession—the mortgagee in possession.","sortOrder":161},{"sectionNumber":"sec.90A","sectionType":"section","heading":"When easement over registered lease ends","content":"### sec.90A When easement over registered lease ends\n\nA registered easement, to the extent it benefits or burdens a registered lease, ends when the lease ends.\nIf a registered lease is surrendered in part, to the extent a registered easement benefits or burdens the part of the lease that was surrendered, the easement ends.\nThe registrar may remove an easement that has ended from the freehold land register.\ns 90A ins 2013 No. 23 s 126\namd 2014 No. 29 s 108\n(sec.90A-ssec.1) A registered easement, to the extent it benefits or burdens a registered lease, ends when the lease ends.\n(sec.90A-ssec.2) If a registered lease is surrendered in part, to the extent a registered easement benefits or burdens the part of the lease that was surrendered, the easement ends.\n(sec.90A-ssec.3) The registrar may remove an easement that has ended from the freehold land register.","sortOrder":162},{"sectionNumber":"sec.91","sectionType":"section","heading":"Amending an easement","content":"### sec.91 Amending an easement\n\nA registered easement, other than a high-density development easement, may be amended by registering an instrument of amendment of the easement.\nHowever, the instrument of amendment must not—\nchange the location of the easement; or\nincrease or decrease the area of land affected by the easement; or\nchange a party to the easement.\ns 91 amd 2013 No. 23 s 127\n(sec.91-ssec.1) A registered easement, other than a high-density development easement, may be amended by registering an instrument of amendment of the easement.\n(sec.91-ssec.2) However, the instrument of amendment must not— change the location of the easement; or increase or decrease the area of land affected by the easement; or change a party to the easement.\n- (a) change the location of the easement; or\n- (b) increase or decrease the area of land affected by the easement; or\n- (c) change a party to the easement.","sortOrder":163},{"sectionNumber":"sec.92","sectionType":"section","heading":"Application of Property Law Act 2023 , s 181","content":"### sec.92 Application of Property Law Act 2023 , s 181\n\nThe Property Law Act 2023 , section 181 applies to a registered easement.\ns 92 amd 2023 No. 27 s 289 sch 3","sortOrder":164},{"sectionNumber":"pt.6-div.4AA","sectionType":"division","heading":"High-density development easements","content":"## High-density development easements","sortOrder":165},{"sectionNumber":"sec.93","sectionType":"section","heading":"Application of div 4AA","content":"### sec.93 Application of div 4AA\n\nThis division applies if an easement registered under section 82 is a high-density development easement.\nA reference in this division to a lot is a reference to a lot the subject of the easement.\ns 93 prev s 93 om 1997 No. 78 s 87\npres s 93 ins 2013 No. 23 s 128\n(sec.93-ssec.1) This division applies if an easement registered under section 82 is a high-density development easement.\n(sec.93-ssec.2) A reference in this division to a lot is a reference to a lot the subject of the easement.","sortOrder":166},{"sectionNumber":"sec.94","sectionType":"section","heading":"Meaning of high-density development easement","content":"### sec.94 Meaning of high-density development easement\n\nA high-density development easement is an easement created for 1 or more of the following purposes—\nsupport;\nshelter;\nprojections;\nmaintenance;\nroof water drainage.\nA high-density development easement may be created only over 2 small, adjoining lots, and only if—\nany of the following applies—\na wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots;\na wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots;\na wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or\na relevant development approval, under which a requirement for a circumstance mentioned in paragraph (a) (i) , (ii) or (iii) applies as a condition, applies to both adjoining lots.\nEach lot to which a high-density development easement relates is benefitted and burdened by the easement to the extent necessary to give effect to the purposes for which the easement is created.\nIn this section—\nrelevant development approval means—\na development approval under the Planning Act for any of the following as defined in that Act—\ncarrying out building work;\nreconfiguring a lot;\nmaking a material change of use of premises; or\na PDA development approval under the Economic Development Act 2012 for any of the following as mentioned in section 33 (2) of that Act—\ncarrying out building work;\nreconfiguring a lot;\nmaking a material change of use of premises.\nsmall , for a lot, means the lot has an area of 450m 2 or less.\ns 94 prev s 94 om 1994 No. 81 s 527 sch 5\npres s 94 ins 2013 No. 23 s 128\namd 2014 No. 29 s 109 ; 2016 No. 27 s 296 ; 2019 No. 17 s 56\n(sec.94-ssec.1) A high-density development easement is an easement created for 1 or more of the following purposes— support; shelter; projections; maintenance; roof water drainage.\n(sec.94-ssec.2) A high-density development easement may be created only over 2 small, adjoining lots, and only if— any of the following applies— a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots; a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots; a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or a relevant development approval, under which a requirement for a circumstance mentioned in paragraph (a) (i) , (ii) or (iii) applies as a condition, applies to both adjoining lots.\n(sec.94-ssec.3) Each lot to which a high-density development easement relates is benefitted and burdened by the easement to the extent necessary to give effect to the purposes for which the easement is created.\n(sec.94-ssec.4) In this section— relevant development approval means— a development approval under the Planning Act for any of the following as defined in that Act— carrying out building work; reconfiguring a lot; making a material change of use of premises; or a PDA development approval under the Economic Development Act 2012 for any of the following as mentioned in section 33 (2) of that Act— carrying out building work; reconfiguring a lot; making a material change of use of premises. small , for a lot, means the lot has an area of 450m 2 or less.\n- (a) support;\n- (b) shelter;\n- (c) projections;\n- (d) maintenance;\n- (e) roof water drainage.\n- (a) any of the following applies— (i) a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots; (ii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots; (iii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or\n- (i) a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots;\n- (ii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots;\n- (iii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or\n- (b) a relevant development approval, under which a requirement for a circumstance mentioned in paragraph (a) (i) , (ii) or (iii) applies as a condition, applies to both adjoining lots.\n- (i) a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots;\n- (ii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots;\n- (iii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or\n- (a) a development approval under the Planning Act for any of the following as defined in that Act— (i) carrying out building work; (ii) reconfiguring a lot; (iii) making a material change of use of premises; or\n- (i) carrying out building work;\n- (ii) reconfiguring a lot;\n- (iii) making a material change of use of premises; or\n- (b) a PDA development approval under the Economic Development Act 2012 for any of the following as mentioned in section 33 (2) of that Act— (i) carrying out building work; (ii) reconfiguring a lot; (iii) making a material change of use of premises.\n- (i) carrying out building work;\n- (ii) reconfiguring a lot;\n- (iii) making a material change of use of premises.\n- (i) carrying out building work;\n- (ii) reconfiguring a lot;\n- (iii) making a material change of use of premises; or\n- (i) carrying out building work;\n- (ii) reconfiguring a lot;\n- (iii) making a material change of use of premises.","sortOrder":167},{"sectionNumber":"sec.95","sectionType":"section","heading":"Easement for support","content":"### sec.95 Easement for support\n\nThis section applies if a high-density development easement is created for support.\nAn easement of lateral or subadjacent support exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) if the burdened lot is capable of supplying lateral or subadjacent support to the benefitted lot.\nAn easement of common wall support exists in favour of the benefitted lot against the burdened lot when a building on the burdened lot is supplying common wall support to a building on the benefitted lot.\nFor subsection (3) , a building ( building A ) supplies common wall support to another building ( building B ) if a wall (the common wall ) of building A that is necessary to ensure the general safety and structural integrity of building B—\nis also a wall of building B; or\nis constructed on the same foundation as, and adjacent to, a wall of building B.\nAn easement under subsection (2) or (3) entitles the owner of the benefitted lot to enter the burdened lot under the easement to maintain or replace any support.\nThe owner of the benefitted lot and the owner of the burdened lot are each liable to contribute equally to the cost of maintaining or replacing any support.\nThe owner of the burdened lot—\nmust maintain any structures on the burdened lot that provide support; and\nmust insure, to the extent practicable, any structures on the burdened lot that provide support for—\nthe full replacement value of the structure; and\npublic risk; and\nmust not remove, change or otherwise interfere with any support, other than as required under paragraph (a) , without the written consent of the owner of the benefitted lot.\ns 95 prev s 95 amd 1997 No. 28 s 295 sch 3\nom 1997 No. 78 s 87\npres s 95 ins 2013 No. 23 s 128\namd 2014 No. 29 s 110\n(sec.95-ssec.1) This section applies if a high-density development easement is created for support.\n(sec.95-ssec.2) An easement of lateral or subadjacent support exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) if the burdened lot is capable of supplying lateral or subadjacent support to the benefitted lot.\n(sec.95-ssec.3) An easement of common wall support exists in favour of the benefitted lot against the burdened lot when a building on the burdened lot is supplying common wall support to a building on the benefitted lot.\n(sec.95-ssec.4) For subsection (3) , a building ( building A ) supplies common wall support to another building ( building B ) if a wall (the common wall ) of building A that is necessary to ensure the general safety and structural integrity of building B— is also a wall of building B; or is constructed on the same foundation as, and adjacent to, a wall of building B.\n(sec.95-ssec.5) An easement under subsection (2) or (3) entitles the owner of the benefitted lot to enter the burdened lot under the easement to maintain or replace any support.\n(sec.95-ssec.6) The owner of the benefitted lot and the owner of the burdened lot are each liable to contribute equally to the cost of maintaining or replacing any support.\n(sec.95-ssec.7) The owner of the burdened lot— must maintain any structures on the burdened lot that provide support; and must insure, to the extent practicable, any structures on the burdened lot that provide support for— the full replacement value of the structure; and public risk; and must not remove, change or otherwise interfere with any support, other than as required under paragraph (a) , without the written consent of the owner of the benefitted lot.\n- (a) is also a wall of building B; or\n- (b) is constructed on the same foundation as, and adjacent to, a wall of building B.\n- (a) must maintain any structures on the burdened lot that provide support; and\n- (b) must insure, to the extent practicable, any structures on the burdened lot that provide support for— (i) the full replacement value of the structure; and (ii) public risk; and\n- (i) the full replacement value of the structure; and\n- (ii) public risk; and\n- (c) must not remove, change or otherwise interfere with any support, other than as required under paragraph (a) , without the written consent of the owner of the benefitted lot.\n- (i) the full replacement value of the structure; and\n- (ii) public risk; and","sortOrder":168},{"sectionNumber":"sec.96","sectionType":"section","heading":"Easement for shelter","content":"### sec.96 Easement for shelter\n\nThis section applies if a high-density development easement is created for shelter.\nAn easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) entitling the owner of the benefitted lot to have the lot sheltered by the parts of a building situated on the burdened lot that are necessary to supply the shelter.\nThe easement under subsection (2) entitles the owner of the benefitted lot to enter the burdened lot under the easement to maintain or replace the shelter.\nThe owner of the burdened lot—\nmust maintain the parts of the building that supply the shelter; and\nmust insure, to the extent practicable, any parts of the building that supply the shelter for—\nthe full replacement value of the structure; and\npublic risk; and\nmust not remove, change or otherwise interfere with any of the parts of the building that supply the shelter, other than as required under paragraph (a) , without the written consent of the owner of the benefitted lot.\ns 96 prev s 96 om 1997 No. 78 s 87\npres s 96 ins 2013 No. 23 s 128\n(sec.96-ssec.1) This section applies if a high-density development easement is created for shelter.\n(sec.96-ssec.2) An easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) entitling the owner of the benefitted lot to have the lot sheltered by the parts of a building situated on the burdened lot that are necessary to supply the shelter.\n(sec.96-ssec.3) The easement under subsection (2) entitles the owner of the benefitted lot to enter the burdened lot under the easement to maintain or replace the shelter.\n(sec.96-ssec.4) The owner of the burdened lot— must maintain the parts of the building that supply the shelter; and must insure, to the extent practicable, any parts of the building that supply the shelter for— the full replacement value of the structure; and public risk; and must not remove, change or otherwise interfere with any of the parts of the building that supply the shelter, other than as required under paragraph (a) , without the written consent of the owner of the benefitted lot.\n- (a) must maintain the parts of the building that supply the shelter; and\n- (b) must insure, to the extent practicable, any parts of the building that supply the shelter for— (i) the full replacement value of the structure; and (ii) public risk; and\n- (i) the full replacement value of the structure; and\n- (ii) public risk; and\n- (c) must not remove, change or otherwise interfere with any of the parts of the building that supply the shelter, other than as required under paragraph (a) , without the written consent of the owner of the benefitted lot.\n- (i) the full replacement value of the structure; and\n- (ii) public risk; and","sortOrder":169},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Easements for projections","content":"### sec.96A Easements for projections\n\nThis section applies if a high-density development easement is created for projections.\nAn easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) to permit parts of a building situated on the benefitted lot, including, for example, eaves, guttering, awnings and window sills, to project over the boundaries of the burdened lot.\nThe easement entitles the owner of the benefitted lot to enter the burdened lot to maintain or replace the building parts.\nThe owner of the benefitted lot—\nis solely liable for the costs of maintaining or replacing the building parts; and\nmust insure, to the extent practicable, the building parts for—\ntheir full replacement value; and\npublic risk.\nThe owner of the burdened lot must not remove, change or otherwise interfere with any projection without the written consent of the owner of the benefitted lot.\ns 96A ins 2013 No. 23 s 128\n(sec.96A-ssec.1) This section applies if a high-density development easement is created for projections.\n(sec.96A-ssec.2) An easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) to permit parts of a building situated on the benefitted lot, including, for example, eaves, guttering, awnings and window sills, to project over the boundaries of the burdened lot.\n(sec.96A-ssec.3) The easement entitles the owner of the benefitted lot to enter the burdened lot to maintain or replace the building parts.\n(sec.96A-ssec.4) The owner of the benefitted lot— is solely liable for the costs of maintaining or replacing the building parts; and must insure, to the extent practicable, the building parts for— their full replacement value; and public risk.\n(sec.96A-ssec.5) The owner of the burdened lot must not remove, change or otherwise interfere with any projection without the written consent of the owner of the benefitted lot.\n- (a) is solely liable for the costs of maintaining or replacing the building parts; and\n- (b) must insure, to the extent practicable, the building parts for— (i) their full replacement value; and (ii) public risk.\n- (i) their full replacement value; and\n- (ii) public risk.\n- (i) their full replacement value; and\n- (ii) public risk.","sortOrder":170},{"sectionNumber":"sec.96B","sectionType":"section","heading":"Easement for maintenance of building close to boundary","content":"### sec.96B Easement for maintenance of building close to boundary\n\nThis section applies if a high-density development easement is created for maintenance.\nAn easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) entitling the owner of the benefitted lot to enter the burdened lot to carry out maintenance or replacement of a building that is—\non the boundary of the benefitted lot; or\nso close to the boundary of the benefitted lot that maintenance or replacement of the building is not able to be carried out without entering the burdened lot.\ns 96B ins 2013 No. 23 s 128\n(sec.96B-ssec.1) This section applies if a high-density development easement is created for maintenance.\n(sec.96B-ssec.2) An easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) entitling the owner of the benefitted lot to enter the burdened lot to carry out maintenance or replacement of a building that is— on the boundary of the benefitted lot; or so close to the boundary of the benefitted lot that maintenance or replacement of the building is not able to be carried out without entering the burdened lot.\n- (a) on the boundary of the benefitted lot; or\n- (b) so close to the boundary of the benefitted lot that maintenance or replacement of the building is not able to be carried out without entering the burdened lot.","sortOrder":171},{"sectionNumber":"sec.96C","sectionType":"section","heading":"Easement for roof water drainage","content":"### sec.96C Easement for roof water drainage\n\nThis section applies if a high-density development easement is created for roof water drainage.\nAn easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) to permit a roof water drainage structure that is part of a building situated on the benefitted lot to—\nproject over the boundaries of the burdened lot; or\nbe situated on the burdened lot; or\nalso be part of a building situated on the burdened lot.\nFor subsection (2) , a roof water drainage structure is a structure—\nused for collecting rainwater from the roof of a building and conveying the rainwater to a drain or the ground, including, for example, guttering, a downpipe, a drainpipe or a box drain; and\nonly to the extent the structure is visible and not concealed underground.\nThe easement entitles the owner of the benefitted lot to enter the burdened lot to maintain or replace the roof water drainage structure.\nThe owner of the benefitted lot—\nis solely liable for the costs of maintaining or replacing the roof water drainage structure; and\nmust insure, to the extent practicable, the roof water drainage structure for—\nits full replacement value; and\npublic risk.\nThe owner of the burdened lot must not, without the written consent of the owner of the benefitted lot—\nremove, change or otherwise interfere with the roof water drainage structure; or\nobstruct or otherwise interfere with the flow of water through the structure.\nHowever, the owner of the burdened lot may, without the written consent of the owner of the benefitted lot, interfere with the roof water drainage structure to the extent necessary to ensure water flows freely through the structure, including, for example, by removing from the structure a thing that is obstructing the flow of water.\ns 96C ins 2013 No. 23 s 128\n(sec.96C-ssec.1) This section applies if a high-density development easement is created for roof water drainage.\n(sec.96C-ssec.2) An easement exists in favour of 1 lot (the benefitted lot ) against the other lot (the burdened lot ) to permit a roof water drainage structure that is part of a building situated on the benefitted lot to— project over the boundaries of the burdened lot; or be situated on the burdened lot; or also be part of a building situated on the burdened lot.\n(sec.96C-ssec.3) For subsection (2) , a roof water drainage structure is a structure— used for collecting rainwater from the roof of a building and conveying the rainwater to a drain or the ground, including, for example, guttering, a downpipe, a drainpipe or a box drain; and only to the extent the structure is visible and not concealed underground.\n(sec.96C-ssec.4) The easement entitles the owner of the benefitted lot to enter the burdened lot to maintain or replace the roof water drainage structure.\n(sec.96C-ssec.5) The owner of the benefitted lot— is solely liable for the costs of maintaining or replacing the roof water drainage structure; and must insure, to the extent practicable, the roof water drainage structure for— its full replacement value; and public risk.\n(sec.96C-ssec.6) The owner of the burdened lot must not, without the written consent of the owner of the benefitted lot— remove, change or otherwise interfere with the roof water drainage structure; or obstruct or otherwise interfere with the flow of water through the structure.\n(sec.96C-ssec.7) However, the owner of the burdened lot may, without the written consent of the owner of the benefitted lot, interfere with the roof water drainage structure to the extent necessary to ensure water flows freely through the structure, including, for example, by removing from the structure a thing that is obstructing the flow of water.\n- (a) project over the boundaries of the burdened lot; or\n- (b) be situated on the burdened lot; or\n- (c) also be part of a building situated on the burdened lot.\n- (a) used for collecting rainwater from the roof of a building and conveying the rainwater to a drain or the ground, including, for example, guttering, a downpipe, a drainpipe or a box drain; and\n- (b) only to the extent the structure is visible and not concealed underground.\n- (a) is solely liable for the costs of maintaining or replacing the roof water drainage structure; and\n- (b) must insure, to the extent practicable, the roof water drainage structure for— (i) its full replacement value; and (ii) public risk.\n- (i) its full replacement value; and\n- (ii) public risk.\n- (i) its full replacement value; and\n- (ii) public risk.\n- (a) remove, change or otherwise interfere with the roof water drainage structure; or\n- (b) obstruct or otherwise interfere with the flow of water through the structure.","sortOrder":172},{"sectionNumber":"sec.96D","sectionType":"section","heading":"Insurance requirements","content":"### sec.96D Insurance requirements\n\nA policy of insurance for the full replacement value of a structure required to be taken out under this division—\nmust cover—\ndamage; and\ncosts incidental to the reinstatement or replacement of the structure, including the cost of taking away debris and the fees of engineers and other professional advisors; and\nmust provide for the reinstatement of the structure to its condition when new.\nA policy of public risk insurance of a structure required to be taken out under this division must cover amounts for—\ncompensation for death, illness and bodily injury; and\ndamage to property.\nIn this section—\ndamage , for coverage under insurance required to be put in place under this division, means—\nearthquake, explosion, fire, lightning, storm, tempest and water damage; and\nglass breakage; and\ndamage from impact, malicious act and riot.\ns 96D ins 2013 No. 23 s 128\n(sec.96D-ssec.1) A policy of insurance for the full replacement value of a structure required to be taken out under this division— must cover— damage; and costs incidental to the reinstatement or replacement of the structure, including the cost of taking away debris and the fees of engineers and other professional advisors; and must provide for the reinstatement of the structure to its condition when new.\n(sec.96D-ssec.2) A policy of public risk insurance of a structure required to be taken out under this division must cover amounts for— compensation for death, illness and bodily injury; and damage to property.\n(sec.96D-ssec.3) In this section— damage , for coverage under insurance required to be put in place under this division, means— earthquake, explosion, fire, lightning, storm, tempest and water damage; and glass breakage; and damage from impact, malicious act and riot.\n- (a) must cover— (i) damage; and (ii) costs incidental to the reinstatement or replacement of the structure, including the cost of taking away debris and the fees of engineers and other professional advisors; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the structure, including the cost of taking away debris and the fees of engineers and other professional advisors; and\n- (b) must provide for the reinstatement of the structure to its condition when new.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the structure, including the cost of taking away debris and the fees of engineers and other professional advisors; and\n- (a) compensation for death, illness and bodily injury; and\n- (b) damage to property.\n- (a) earthquake, explosion, fire, lightning, storm, tempest and water damage; and\n- (b) glass breakage; and\n- (c) damage from impact, malicious act and riot.","sortOrder":173},{"sectionNumber":"sec.96E","sectionType":"section","heading":"Notice of entry","content":"### sec.96E Notice of entry\n\nThis section applies if, under this division, the owner of a lot benefitted by a high-density development easement is entitled to enter the lot burdened by the easement to maintain or replace a structure, part of a structure or another thing.\nBefore exercising the right of entry, the owner of the benefitted lot must give the owner of the burdened lot reasonable notice in writing of the owner’s intention to enter the burdened lot and details of the maintenance or replacement to be carried out.\nHowever, if the structure or other thing is damaged or destroyed and, in the circumstances, urgent maintenance or replacement is required and it is impractical to give a notice under subsection (2) —\nthe owner of the benefitted lot may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and\nas soon as practicable after the entry, the owner of the benefitted lot must give the owner of the burdened lot written notice of the entry and details of the maintenance or replacement carried out.\ns 96E ins 2013 No. 23 s 128\n(sec.96E-ssec.1) This section applies if, under this division, the owner of a lot benefitted by a high-density development easement is entitled to enter the lot burdened by the easement to maintain or replace a structure, part of a structure or another thing.\n(sec.96E-ssec.2) Before exercising the right of entry, the owner of the benefitted lot must give the owner of the burdened lot reasonable notice in writing of the owner’s intention to enter the burdened lot and details of the maintenance or replacement to be carried out.\n(sec.96E-ssec.3) However, if the structure or other thing is damaged or destroyed and, in the circumstances, urgent maintenance or replacement is required and it is impractical to give a notice under subsection (2) — the owner of the benefitted lot may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and as soon as practicable after the entry, the owner of the benefitted lot must give the owner of the burdened lot written notice of the entry and details of the maintenance or replacement carried out.\n- (a) the owner of the benefitted lot may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and\n- (b) as soon as practicable after the entry, the owner of the benefitted lot must give the owner of the burdened lot written notice of the entry and details of the maintenance or replacement carried out.","sortOrder":174},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 1997 No. 78 s 87","sortOrder":175},{"sectionNumber":"pt.6-div.4A","sectionType":"division","heading":"Covenants","content":"## Covenants","sortOrder":176},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Covenant by registration","content":"### sec.97A Covenant by registration\n\nSubject to this section, a lot may be made the subject of a covenant by the registration of an instrument of covenant under this division.\nAn instrument of covenant may be registered under this division only if the covenantee under the instrument is the State or another entity representing the State, or a local government.\nAn instrument of covenant may be registered even if the covenantor under the instrument is the same entity as the covenantee.\nThe covenant must—\nrelate to the use of—\nthe lot or part of the lot; or\na building, or building proposed to be built, on the lot; or\nbe aimed directly at preserving—\na native animal or plant; or\na natural or physical feature of the lot that is of cultural or scientific significance; or\nbe for ensuring that the lot may be transferred to a person only if there is also transferred to the person—\nanother lot that is also the subject of the covenant; or\nnon-freehold land that, under the Land Act 1994 , is the subject of the covenant; or\na lot mentioned in subparagraph (i) together with non-freehold land mentioned in subparagraph (ii) ; or\na registered lease for another lot or part of a lot.\nThe covenant—\nmay be a positive covenant or a negative covenant; and\nis binding on the covenantor and the covenantor’s successors in title.\nThe covenant must not prevent a person from—\nregistering an interest under this Act; or\nexercising the person’s rights under a registered interest; or\nreleasing or surrendering a registered interest.\nAlso, the covenant must not—\nsecure the payment of money, or money’s worth, payable under a condition of a development approval, or an infrastructure agreement, under the Planning Act ; or\nSee also the Planning Act , section 107 .\nbe inconsistent with a planning scheme under the Planning Act that—\napplies to the land the subject of the covenant; and\nis in effect when the instrument of covenant is registered; or\nprovide for anything capable of being the subject of an instrument of easement.\nSubsection (6) (b) does not apply to a covenant if it was entered into under a condition of a development approval, or an infrastructure agreement, under the Planning Act .\nFor subsection (3) (a) , the covenant relates to the use of the lot, a part of the lot, a building on the lot or a building proposed to be built on the lot, only if it provides for—\na purpose for which the lot, the part or the building must be used; or\nthat a building on the lot must be used for educational purposes\nthat the lot must be used for noise attenuation purposes\na purpose that is the only purpose for which the lot, the part or the building may be used; or\nthat a building on the lot may be used only for residential purposes\nthat the lot may be used only for organic farming\na purpose for which the lot, the part or the building must not be used.\nthat a building on the lot must not be used for a stated commercial purpose\nthat the lot must not be used for industrial purposes\nFor subsection (3) (a) , the covenant does not relate to the use of the lot, a part of the lot, a building on the lot or a building proposed to be built on the lot, to the extent it provides for—\nan architectural, construction or landscaping standard for the lot or building; or\na statement, acknowledgement or obligation relating to the use of land other than the lot; or\nan acknowledgement that the lot is in the vicinity of other land and that the other land is used for industrial purposes\na statement that the occupier of other land can not be made the subject of any proceedings relating to the occupier’s use of that land\na condition that must be complied with before the lot can be used for a stated purpose or any purpose; or\na condition that a residence can not be built on the lot until stated utility services are connected\nregulation of the conduct of the owner of the lot, if the conduct is unrelated to, or is ancillary to, use of the lot.\nan obligation not to start proceedings in relation to activities happening on land other than the lot\nan obligation not to use the lot for residential purposes unless a rainwater tank is installed\ns 97A ins 1997 No. 28 s 295 sch 3\namd 2000 No. 2 s 28 ; 2003 No. 6 s 151 ; 2005 No. 68 s 79 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 12 s 189 ; 2016 No. 27 s 297\n(sec.97A-ssec.1) Subject to this section, a lot may be made the subject of a covenant by the registration of an instrument of covenant under this division.\n(sec.97A-ssec.2) An instrument of covenant may be registered under this division only if the covenantee under the instrument is the State or another entity representing the State, or a local government.\n(sec.97A-ssec.2A) An instrument of covenant may be registered even if the covenantor under the instrument is the same entity as the covenantee.\n(sec.97A-ssec.3) The covenant must— relate to the use of— the lot or part of the lot; or a building, or building proposed to be built, on the lot; or be aimed directly at preserving— a native animal or plant; or a natural or physical feature of the lot that is of cultural or scientific significance; or be for ensuring that the lot may be transferred to a person only if there is also transferred to the person— another lot that is also the subject of the covenant; or non-freehold land that, under the Land Act 1994 , is the subject of the covenant; or a lot mentioned in subparagraph (i) together with non-freehold land mentioned in subparagraph (ii) ; or a registered lease for another lot or part of a lot.\n(sec.97A-ssec.4) The covenant— may be a positive covenant or a negative covenant; and is binding on the covenantor and the covenantor’s successors in title.\n(sec.97A-ssec.5) The covenant must not prevent a person from— registering an interest under this Act; or exercising the person’s rights under a registered interest; or releasing or surrendering a registered interest.\n(sec.97A-ssec.6) Also, the covenant must not— secure the payment of money, or money’s worth, payable under a condition of a development approval, or an infrastructure agreement, under the Planning Act ; or See also the Planning Act , section 107 . be inconsistent with a planning scheme under the Planning Act that— applies to the land the subject of the covenant; and is in effect when the instrument of covenant is registered; or provide for anything capable of being the subject of an instrument of easement.\n(sec.97A-ssec.6A) Subsection (6) (b) does not apply to a covenant if it was entered into under a condition of a development approval, or an infrastructure agreement, under the Planning Act .\n(sec.97A-ssec.7) For subsection (3) (a) , the covenant relates to the use of the lot, a part of the lot, a building on the lot or a building proposed to be built on the lot, only if it provides for— a purpose for which the lot, the part or the building must be used; or that a building on the lot must be used for educational purposes that the lot must be used for noise attenuation purposes a purpose that is the only purpose for which the lot, the part or the building may be used; or that a building on the lot may be used only for residential purposes that the lot may be used only for organic farming a purpose for which the lot, the part or the building must not be used. that a building on the lot must not be used for a stated commercial purpose that the lot must not be used for industrial purposes\n(sec.97A-ssec.8) For subsection (3) (a) , the covenant does not relate to the use of the lot, a part of the lot, a building on the lot or a building proposed to be built on the lot, to the extent it provides for— an architectural, construction or landscaping standard for the lot or building; or a statement, acknowledgement or obligation relating to the use of land other than the lot; or an acknowledgement that the lot is in the vicinity of other land and that the other land is used for industrial purposes a statement that the occupier of other land can not be made the subject of any proceedings relating to the occupier’s use of that land a condition that must be complied with before the lot can be used for a stated purpose or any purpose; or a condition that a residence can not be built on the lot until stated utility services are connected regulation of the conduct of the owner of the lot, if the conduct is unrelated to, or is ancillary to, use of the lot. an obligation not to start proceedings in relation to activities happening on land other than the lot an obligation not to use the lot for residential purposes unless a rainwater tank is installed\n- (a) relate to the use of— (i) the lot or part of the lot; or (ii) a building, or building proposed to be built, on the lot; or\n- (i) the lot or part of the lot; or\n- (ii) a building, or building proposed to be built, on the lot; or\n- (b) be aimed directly at preserving— (i) a native animal or plant; or (ii) a natural or physical feature of the lot that is of cultural or scientific significance; or\n- (i) a native animal or plant; or\n- (ii) a natural or physical feature of the lot that is of cultural or scientific significance; or\n- (c) be for ensuring that the lot may be transferred to a person only if there is also transferred to the person— (i) another lot that is also the subject of the covenant; or (ii) non-freehold land that, under the Land Act 1994 , is the subject of the covenant; or (iii) a lot mentioned in subparagraph (i) together with non-freehold land mentioned in subparagraph (ii) ; or (iv) a registered lease for another lot or part of a lot.\n- (i) another lot that is also the subject of the covenant; or\n- (ii) non-freehold land that, under the Land Act 1994 , is the subject of the covenant; or\n- (iii) a lot mentioned in subparagraph (i) together with non-freehold land mentioned in subparagraph (ii) ; or\n- (iv) a registered lease for another lot or part of a lot.\n- (i) the lot or part of the lot; or\n- (ii) a building, or building proposed to be built, on the lot; or\n- (i) a native animal or plant; or\n- (ii) a natural or physical feature of the lot that is of cultural or scientific significance; or\n- (i) another lot that is also the subject of the covenant; or\n- (ii) non-freehold land that, under the Land Act 1994 , is the subject of the covenant; or\n- (iii) a lot mentioned in subparagraph (i) together with non-freehold land mentioned in subparagraph (ii) ; or\n- (iv) a registered lease for another lot or part of a lot.\n- (a) may be a positive covenant or a negative covenant; and\n- (b) is binding on the covenantor and the covenantor’s successors in title.\n- (a) registering an interest under this Act; or\n- (b) exercising the person’s rights under a registered interest; or\n- (c) releasing or surrendering a registered interest.\n- (a) secure the payment of money, or money’s worth, payable under a condition of a development approval, or an infrastructure agreement, under the Planning Act ; or Note— See also the Planning Act , section 107 .\n- (b) be inconsistent with a planning scheme under the Planning Act that— (i) applies to the land the subject of the covenant; and (ii) is in effect when the instrument of covenant is registered; or\n- (i) applies to the land the subject of the covenant; and\n- (ii) is in effect when the instrument of covenant is registered; or\n- (c) provide for anything capable of being the subject of an instrument of easement.\n- (i) applies to the land the subject of the covenant; and\n- (ii) is in effect when the instrument of covenant is registered; or\n- (a) a purpose for which the lot, the part or the building must be used; or Examples of covenants for paragraph (a) — • that a building on the lot must be used for educational purposes • that the lot must be used for noise attenuation purposes\n- • that a building on the lot must be used for educational purposes\n- • that the lot must be used for noise attenuation purposes\n- (b) a purpose that is the only purpose for which the lot, the part or the building may be used; or Examples of covenants for paragraph (b) — • that a building on the lot may be used only for residential purposes • that the lot may be used only for organic farming\n- • that a building on the lot may be used only for residential purposes\n- • that the lot may be used only for organic farming\n- (c) a purpose for which the lot, the part or the building must not be used. Examples of covenants for paragraph (c) — • that a building on the lot must not be used for a stated commercial purpose • that the lot must not be used for industrial purposes\n- • that a building on the lot must not be used for a stated commercial purpose\n- • that the lot must not be used for industrial purposes\n- • that a building on the lot must be used for educational purposes\n- • that the lot must be used for noise attenuation purposes\n- • that a building on the lot may be used only for residential purposes\n- • that the lot may be used only for organic farming\n- • that a building on the lot must not be used for a stated commercial purpose\n- • that the lot must not be used for industrial purposes\n- (a) an architectural, construction or landscaping standard for the lot or building; or\n- (b) a statement, acknowledgement or obligation relating to the use of land other than the lot; or Examples— • an acknowledgement that the lot is in the vicinity of other land and that the other land is used for industrial purposes • a statement that the occupier of other land can not be made the subject of any proceedings relating to the occupier’s use of that land\n- • an acknowledgement that the lot is in the vicinity of other land and that the other land is used for industrial purposes\n- • a statement that the occupier of other land can not be made the subject of any proceedings relating to the occupier’s use of that land\n- (c) a condition that must be complied with before the lot can be used for a stated purpose or any purpose; or Example— a condition that a residence can not be built on the lot until stated utility services are connected\n- (d) regulation of the conduct of the owner of the lot, if the conduct is unrelated to, or is ancillary to, use of the lot. Examples for paragraph (d) — • an obligation not to start proceedings in relation to activities happening on land other than the lot • an obligation not to use the lot for residential purposes unless a rainwater tank is installed\n- • an obligation not to start proceedings in relation to activities happening on land other than the lot\n- • an obligation not to use the lot for residential purposes unless a rainwater tank is installed\n- • an acknowledgement that the lot is in the vicinity of other land and that the other land is used for industrial purposes\n- • a statement that the occupier of other land can not be made the subject of any proceedings relating to the occupier’s use of that land\n- • an obligation not to start proceedings in relation to activities happening on land other than the lot\n- • an obligation not to use the lot for residential purposes unless a rainwater tank is installed","sortOrder":177},{"sectionNumber":"sec.97AA","sectionType":"section","heading":"Compliance with s 97A","content":"### sec.97AA Compliance with s 97A\n\nA registered instrument of covenant is taken not to be registered under this Act to the extent it is inconsistent with section 97A .\nSubsection (1) has effect only in relation to instruments of covenant registered after the commencement of this section.\nThe registrar may refuse to register an instrument purporting to be an instrument of covenant if the registrar is satisfied it is to any extent inconsistent with section 97A .\nHowever, the registrar need not consider whether an instrument purporting to be an instrument of covenant complies with section 97A (6) (b) .\ns 97AA ins 2005 No. 68 s 80\namd 2016 No. 27 s 298\n(sec.97AA-ssec.1) A registered instrument of covenant is taken not to be registered under this Act to the extent it is inconsistent with section 97A .\n(sec.97AA-ssec.2) Subsection (1) has effect only in relation to instruments of covenant registered after the commencement of this section.\n(sec.97AA-ssec.3) The registrar may refuse to register an instrument purporting to be an instrument of covenant if the registrar is satisfied it is to any extent inconsistent with section 97A .\n(sec.97AA-ssec.4) However, the registrar need not consider whether an instrument purporting to be an instrument of covenant complies with section 97A (6) (b) .","sortOrder":178},{"sectionNumber":"sec.97B","sectionType":"section","heading":"Requirements of instrument of covenant","content":"### sec.97B Requirements of instrument of covenant\n\nAn instrument of covenant must—\nbe validly executed; and\ninclude a description sufficient to identify the land to be the subject of the covenant; and\ninclude a description of the covenant.\nSubsection (1) does not limit the matters that the appropriate form for an instrument of covenant may require to be included in the form.\ns 97B ins 1997 No. 28 s 295 sch 3\n(sec.97B-ssec.1) An instrument of covenant must— be validly executed; and include a description sufficient to identify the land to be the subject of the covenant; and include a description of the covenant.\n(sec.97B-ssec.2) Subsection (1) does not limit the matters that the appropriate form for an instrument of covenant may require to be included in the form.\n- (a) be validly executed; and\n- (b) include a description sufficient to identify the land to be the subject of the covenant; and\n- (c) include a description of the covenant.","sortOrder":179},{"sectionNumber":"sec.97C","sectionType":"section","heading":"Amending an instrument of covenant","content":"### sec.97C Amending an instrument of covenant\n\nA covenant may be amended by registering an instrument of amendment of the covenant.\nThe instrument of amendment may be registered only if it is validly executed.\nHowever, the instrument of amendment must not—\nincrease or decrease the area of land the subject of the covenant; or\nadd or remove a party to the covenant.\ns 97C ins 1997 No. 28 s 295 sch 3\namd 2000 No. 2 s 29\n(sec.97C-ssec.1) A covenant may be amended by registering an instrument of amendment of the covenant.\n(sec.97C-ssec.2) The instrument of amendment may be registered only if it is validly executed.\n(sec.97C-ssec.3) However, the instrument of amendment must not— increase or decrease the area of land the subject of the covenant; or add or remove a party to the covenant.\n- (a) increase or decrease the area of land the subject of the covenant; or\n- (b) add or remove a party to the covenant.","sortOrder":180},{"sectionNumber":"sec.97D","sectionType":"section","heading":"Releasing a covenant","content":"### sec.97D Releasing a covenant\n\nA registered covenant may be wholly or partly discharged by registering an instrument releasing the covenant.\nThe instrument must be signed by the covenantee.\nOn lodgement of the instrument, the registrar may register the release to the extent shown in the instrument.\nOn registration of the instrument, the covenant is discharged, and the lot is released from the covenant, to the extent shown in the instrument.\ns 97D ins 1997 No. 28 s 295 sch 3\nsub 2000 No. 2 s 30\n(sec.97D-ssec.1) A registered covenant may be wholly or partly discharged by registering an instrument releasing the covenant.\n(sec.97D-ssec.2) The instrument must be signed by the covenantee.\n(sec.97D-ssec.3) On lodgement of the instrument, the registrar may register the release to the extent shown in the instrument.\n(sec.97D-ssec.4) On registration of the instrument, the covenant is discharged, and the lot is released from the covenant, to the extent shown in the instrument.","sortOrder":181},{"sectionNumber":"sec.97DA","sectionType":"section","heading":"Application of Property Law Act 2023 , s 181","content":"### sec.97DA Application of Property Law Act 2023 , s 181\n\nThe Property Law Act 2023 , section 181 , applies to a registered covenant.\ns 97DA ins 2000 No. 2 s 30\namd 2023 No. 27 s 289 sch 3","sortOrder":182},{"sectionNumber":"pt.6-div.4B","sectionType":"division","heading":"Profits a prendre","content":"## Profits a prendre","sortOrder":183},{"sectionNumber":"sec.97E","sectionType":"section","heading":"Profit a prendre by registration","content":"### sec.97E Profit a prendre by registration\n\nA lot may be made the subject of a profit a prendre by the registration of an instrument of profit a prendre under this division over the lot.\ns 97E ins 1997 No. 28 s 295 sch 3","sortOrder":184},{"sectionNumber":"sec.97EA","sectionType":"section","heading":"Profit a prendre affecting a lot and non-freehold land","content":"### sec.97EA Profit a prendre affecting a lot and non-freehold land\n\nThis section applies if an instrument of profit a prendre is registered under section 97E in relation to a lot and the profit a prendre also—\nbenefits another lot; or\nbenefits non-freehold land; or\nburdens another lot; or\nburdens non-freehold land; or\nhas effect in any combination of paragraphs (a) to (d) .\nThe instrument must be registered in the appropriate registers.\nFurther dealings affecting the profit a prendre must also be registered in the appropriate registers.\ns 97EA ins 2004 No. 4 s 51\n(sec.97EA-ssec.1) This section applies if an instrument of profit a prendre is registered under section 97E in relation to a lot and the profit a prendre also— benefits another lot; or benefits non-freehold land; or burdens another lot; or burdens non-freehold land; or has effect in any combination of paragraphs (a) to (d) .\n(sec.97EA-ssec.2) The instrument must be registered in the appropriate registers.\n(sec.97EA-ssec.3) Further dealings affecting the profit a prendre must also be registered in the appropriate registers.\n- (a) benefits another lot; or\n- (b) benefits non-freehold land; or\n- (c) burdens another lot; or\n- (d) burdens non-freehold land; or\n- (e) has effect in any combination of paragraphs (a) to (d) .","sortOrder":185},{"sectionNumber":"sec.97F","sectionType":"section","heading":"Requirements of instrument of profit a prendre","content":"### sec.97F Requirements of instrument of profit a prendre\n\nAn instrument of profit a prendre must—\nbe validly executed; and\ninclude a description sufficient to identify the lot to be the subject of the profit a prendre; and\ninclude a description of the profit a prendre to which the lot is to be subject, including the period for which the profit a prendre is to be enjoyed.\nSubsection (1) does not limit the matters that the appropriate form for an instrument of profit a prendre may require to be included in the form.\ns 97F ins 1997 No. 28 s 295 sch 3\n(sec.97F-ssec.1) An instrument of profit a prendre must— be validly executed; and include a description sufficient to identify the lot to be the subject of the profit a prendre; and include a description of the profit a prendre to which the lot is to be subject, including the period for which the profit a prendre is to be enjoyed.\n(sec.97F-ssec.2) Subsection (1) does not limit the matters that the appropriate form for an instrument of profit a prendre may require to be included in the form.\n- (a) be validly executed; and\n- (b) include a description sufficient to identify the lot to be the subject of the profit a prendre; and\n- (c) include a description of the profit a prendre to which the lot is to be subject, including the period for which the profit a prendre is to be enjoyed.","sortOrder":186},{"sectionNumber":"sec.97G","sectionType":"section","heading":"Particulars to be registered","content":"### sec.97G Particulars to be registered\n\nWhen registering an instrument of profit a prendre, the registrar must record particulars of the following in the freehold land register—\nthe lot burdened by the profit a prendre;\nany lot benefited by the profit a prendre;\nany lease of non-freehold land benefited or burdened by the profit a prendre.\ns 97G ins 1997 No. 28 s 295 sch 3\namd 2004 No. 4 s 52\n- (a) the lot burdened by the profit a prendre;\n- (b) any lot benefited by the profit a prendre;\n- (c) any lease of non-freehold land benefited or burdened by the profit a prendre.","sortOrder":187},{"sectionNumber":"sec.97H","sectionType":"section","heading":"Profit a prendre benefiting and burdening same registered owner’s lots","content":"### sec.97H Profit a prendre benefiting and burdening same registered owner’s lots\n\nIf a lot is to be benefited by a profit a prendre, the instrument of profit a prendre may be registered even if—\nthe lot benefited and the lot burdened by the profit a prendre have, or are to have, the same registered owner; or\nthe owner of the lot benefited by the profit a prendre holds an interest in the lot burdened by the profit a prendre.\ns 97H ins 1997 No. 28 s 295 sch 3\n- (a) the lot benefited and the lot burdened by the profit a prendre have, or are to have, the same registered owner; or\n- (b) the owner of the lot benefited by the profit a prendre holds an interest in the lot burdened by the profit a prendre.","sortOrder":188},{"sectionNumber":"sec.97I","sectionType":"section","heading":"Same person becoming registered owner of benefited and burdened lots","content":"### sec.97I Same person becoming registered owner of benefited and burdened lots\n\nIf a lot is benefited by a profit a prendre, and the same person becomes the registered owner of the lot benefited and the lot burdened by the profit a prendre, the profit a prendre is extinguished only if—\nthe registered owner asks the registrar to extinguish the profit a prendre; or\nthe registrar creates a single indefeasible title for the lots.\ns 97I ins 1997 No. 28 s 295 sch 3\n- (a) the registered owner asks the registrar to extinguish the profit a prendre; or\n- (b) the registrar creates a single indefeasible title for the lots.","sortOrder":189},{"sectionNumber":"sec.97J","sectionType":"section","heading":"Owner of benefited land acquiring interest in burdened land","content":"### sec.97J Owner of benefited land acquiring interest in burdened land\n\nIf a lot is benefited by a profit a prendre, the profit a prendre is not extinguished merely because the owner of the lot benefited by the profit a prendre acquires an interest, or a greater interest, in the lot burdened by the profit a prendre.\ns 97J ins 1997 No. 28 s 295 sch 3","sortOrder":190},{"sectionNumber":"sec.97K","sectionType":"section","heading":"Amending an instrument of profit a prendre","content":"### sec.97K Amending an instrument of profit a prendre\n\nA profit a prendre may be amended by registering an instrument of amendment of the profit a prendre.\nHowever, the instrument of amendment must not—\nincrease or decrease the area of land the subject of the profit a prendre; or\nadd or remove a party to the profit a prendre.\ns 97K ins 1997 No. 28 s 295 sch 3\n(sec.97K-ssec.1) A profit a prendre may be amended by registering an instrument of amendment of the profit a prendre.\n(sec.97K-ssec.2) However, the instrument of amendment must not— increase or decrease the area of land the subject of the profit a prendre; or add or remove a party to the profit a prendre.\n- (a) increase or decrease the area of land the subject of the profit a prendre; or\n- (b) add or remove a party to the profit a prendre.","sortOrder":191},{"sectionNumber":"sec.97L","sectionType":"section","heading":"Releasing or removing a profit a prendre","content":"### sec.97L Releasing or removing a profit a prendre\n\nOn lodgement of an instrument releasing a profit a prendre to which a lot is subject, the registrar may register the release to the extent shown in the instrument of release.\nOn registration of the instrument of release, the profit a prendre is discharged, and the lot is released from the profit a prendre, to the extent shown in the instrument of release.\nAlso, the registrar may remove a profit a prendre from the indefeasible title for a lot if a request to remove the profit a prendre is lodged, and it is clearly established that—\nthe period of time for which the profit a prendre was intended to subsist has ended; or\nthe event upon which the profit a prendre was intended to end has happened.\ns 97L ins 1997 No. 28 s 295 sch 3\n(sec.97L-ssec.1) On lodgement of an instrument releasing a profit a prendre to which a lot is subject, the registrar may register the release to the extent shown in the instrument of release.\n(sec.97L-ssec.2) On registration of the instrument of release, the profit a prendre is discharged, and the lot is released from the profit a prendre, to the extent shown in the instrument of release.\n(sec.97L-ssec.3) Also, the registrar may remove a profit a prendre from the indefeasible title for a lot if a request to remove the profit a prendre is lodged, and it is clearly established that— the period of time for which the profit a prendre was intended to subsist has ended; or the event upon which the profit a prendre was intended to end has happened.\n- (a) the period of time for which the profit a prendre was intended to subsist has ended; or\n- (b) the event upon which the profit a prendre was intended to end has happened.","sortOrder":192},{"sectionNumber":"sec.97M","sectionType":"section","heading":"Effect of surrender of lot on profit a prendre","content":"### sec.97M Effect of surrender of lot on profit a prendre\n\nIf a lot subject to a profit a prendre is surrendered to the State, other than absolutely, the profit a prendre is a transaction that must be recorded on the new deed of grant under the Land Act 1994 , section 358 (5) .\nIf a lot subject to a profit a prendre is surrendered absolutely, the profit a prendre is an interest that, under the Land Act 1994 , section 331 (2) , is extinguished from the day the surrender is registered.\ns 97M ins 2004 No. 4 s 53\n(sec.97M-ssec.1) If a lot subject to a profit a prendre is surrendered to the State, other than absolutely, the profit a prendre is a transaction that must be recorded on the new deed of grant under the Land Act 1994 , section 358 (5) .\n(sec.97M-ssec.2) If a lot subject to a profit a prendre is surrendered absolutely, the profit a prendre is an interest that, under the Land Act 1994 , section 331 (2) , is extinguished from the day the surrender is registered.","sortOrder":193},{"sectionNumber":"pt.6-div.4C","sectionType":"division","heading":"Carbon abatement interests","content":"## Carbon abatement interests","sortOrder":194},{"sectionNumber":"sec.97N","sectionType":"section","heading":"Definitions for div 4C","content":"### sec.97N Definitions for div 4C\n\nIn this division—\ncarbon abatement interest , for land, means an interest in the land consisting of the exclusive right to the economic benefits associated with carbon sequestration on the land.\ncarbon abatement product means all or any of the following—\nliving biomass;\ndead organic matter;\nsoil;\ncarbon sequestration by, and carbon stored in, a carbon abatement product mentioned in paragraphs (a) to (c) .\ncarbon sequestration , by living biomass, dead organic matter or soil, includes—\nthe process by which the biomass, matter or soil removes and stores carbon dioxide from the atmosphere; or\nthe use of the biomass, matter or soil to avoid, reduce or eliminate greenhouse gas emissions.\ns 97N ins 2011 No. 31 s 335\n- (a) living biomass;\n- (b) dead organic matter;\n- (c) soil;\n- (d) carbon sequestration by, and carbon stored in, a carbon abatement product mentioned in paragraphs (a) to (c) .\n- (a) the process by which the biomass, matter or soil removes and stores carbon dioxide from the atmosphere; or\n- (b) the use of the biomass, matter or soil to avoid, reduce or eliminate greenhouse gas emissions.","sortOrder":195},{"sectionNumber":"sec.97O","sectionType":"section","heading":"Creation only by registration","content":"### sec.97O Creation only by registration\n\nA carbon abatement interest over a lot—\nis created by registering an instrument of carbon abatement interest for the lot; and\ncan not be created other than under this division.\nAn instrument of carbon abatement interest must—\nbe validly executed; and\ninclude—\na description sufficient to identify the lot the subject of the interest; and\nthe terms of the interest; and\nthe period for which the interest is granted.\nIf the carbon abatement interest relates to a part of a lot, the instrument may only be registered if—\na plan of survey has been registered, designating the part of the lot as being the subject of a carbon abatement interest; and\nthe instrument includes a description identifying the part of the lot designated on the registered plan of survey.\nThis section does not limit the matters that the appropriate form for an instrument of carbon abatement interest may require to be included in the instrument.\ns 97O ins 2011 No. 31 s 335\n(sec.97O-ssec.1) A carbon abatement interest over a lot— is created by registering an instrument of carbon abatement interest for the lot; and can not be created other than under this division.\n(sec.97O-ssec.2) An instrument of carbon abatement interest must— be validly executed; and include— a description sufficient to identify the lot the subject of the interest; and the terms of the interest; and the period for which the interest is granted.\n(sec.97O-ssec.3) If the carbon abatement interest relates to a part of a lot, the instrument may only be registered if— a plan of survey has been registered, designating the part of the lot as being the subject of a carbon abatement interest; and the instrument includes a description identifying the part of the lot designated on the registered plan of survey.\n(sec.97O-ssec.4) This section does not limit the matters that the appropriate form for an instrument of carbon abatement interest may require to be included in the instrument.\n- (a) is created by registering an instrument of carbon abatement interest for the lot; and\n- (b) can not be created other than under this division.\n- (a) be validly executed; and\n- (b) include— (i) a description sufficient to identify the lot the subject of the interest; and (ii) the terms of the interest; and (iii) the period for which the interest is granted.\n- (i) a description sufficient to identify the lot the subject of the interest; and\n- (ii) the terms of the interest; and\n- (iii) the period for which the interest is granted.\n- (i) a description sufficient to identify the lot the subject of the interest; and\n- (ii) the terms of the interest; and\n- (iii) the period for which the interest is granted.\n- (a) a plan of survey has been registered, designating the part of the lot as being the subject of a carbon abatement interest; and\n- (b) the instrument includes a description identifying the part of the lot designated on the registered plan of survey.","sortOrder":196},{"sectionNumber":"sec.97P","sectionType":"section","heading":"Requirements for registration","content":"### sec.97P Requirements for registration\n\nThe registrar may register an instrument creating a carbon abatement interest for a lot only if—\nthe proposed grantor of the interest is the registered owner of the lot; and\nthe registrar is satisfied the registered owner is the holder of the right to deal with the carbon abatement product for the lot; and\nall holders of a registered interest in the land whose interest may be affected by the proposed carbon abatement interest consent to the proposed grant; and\nthere are no existing carbon abatement interests registered for the part of the lot to which the proposed carbon abatement interest relates.\ns 97P ins 2011 No. 31 s 335\n- (a) the proposed grantor of the interest is the registered owner of the lot; and\n- (b) the registrar is satisfied the registered owner is the holder of the right to deal with the carbon abatement product for the lot; and\n- (c) all holders of a registered interest in the land whose interest may be affected by the proposed carbon abatement interest consent to the proposed grant; and\n- (d) there are no existing carbon abatement interests registered for the part of the lot to which the proposed carbon abatement interest relates.","sortOrder":197},{"sectionNumber":"sec.97Q","sectionType":"section","heading":"Grantor and grantee may be the same","content":"### sec.97Q Grantor and grantee may be the same\n\nA carbon abatement interest may be registered even though the proposed grantor and proposed grantee of the interest are the same.\ns 97Q ins 2011 No. 31 s 335","sortOrder":198},{"sectionNumber":"sec.97R","sectionType":"section","heading":"Particular interests not to be registered","content":"### sec.97R Particular interests not to be registered\n\nThis section applies in relation to land in the area of a specified national park.\nThe registrar must not register a carbon abatement interest for the land in the freehold land register.\ns 97R ins 2011 No. 31 s 335\n(sec.97R-ssec.1) This section applies in relation to land in the area of a specified national park.\n(sec.97R-ssec.2) The registrar must not register a carbon abatement interest for the land in the freehold land register.","sortOrder":199},{"sectionNumber":"sec.97S","sectionType":"section","heading":"Amending interest","content":"### sec.97S Amending interest\n\nA carbon abatement interest may be amended by registering an instrument of amendment of the carbon abatement interest.\nHowever, the amendment can not—\nincrease or decrease the area of land the subject of the interest; or\nadd or remove a party to the interest.\ns 97S ins 2011 No. 31 s 335\n(sec.97S-ssec.1) A carbon abatement interest may be amended by registering an instrument of amendment of the carbon abatement interest.\n(sec.97S-ssec.2) However, the amendment can not— increase or decrease the area of land the subject of the interest; or add or remove a party to the interest.\n- (a) increase or decrease the area of land the subject of the interest; or\n- (b) add or remove a party to the interest.","sortOrder":200},{"sectionNumber":"sec.97U","sectionType":"section","heading":"Surrendering or removing an interest","content":"### sec.97U Surrendering or removing an interest\n\nOn lodgement of an instrument surrendering a carbon abatement interest to which a lot is subject, the registrar may register the surrender to the extent shown in the instrument of surrender.\nOn registration of the instrument of surrender the interest is surrendered to the extent shown in the document.\nAlso, the registrar may remove a carbon abatement interest from the indefeasible title of a lot if—\na request to remove the carbon abatement interest is lodged, and the request establishes that—\nthe period of time for which the carbon abatement interest was intended to exist has ended; or\nan event upon which the carbon sequestration was intended to end has happened; or\nthe registrar receives a request to remove the interest under an Act of the Commonwealth.\ns 97U ins 2011 No. 31 s 335\n(sec.97U-ssec.1) On lodgement of an instrument surrendering a carbon abatement interest to which a lot is subject, the registrar may register the surrender to the extent shown in the instrument of surrender.\n(sec.97U-ssec.2) On registration of the instrument of surrender the interest is surrendered to the extent shown in the document.\n(sec.97U-ssec.3) Also, the registrar may remove a carbon abatement interest from the indefeasible title of a lot if— a request to remove the carbon abatement interest is lodged, and the request establishes that— the period of time for which the carbon abatement interest was intended to exist has ended; or an event upon which the carbon sequestration was intended to end has happened; or the registrar receives a request to remove the interest under an Act of the Commonwealth.\n- (a) a request to remove the carbon abatement interest is lodged, and the request establishes that— (i) the period of time for which the carbon abatement interest was intended to exist has ended; or (ii) an event upon which the carbon sequestration was intended to end has happened; or\n- (i) the period of time for which the carbon abatement interest was intended to exist has ended; or\n- (ii) an event upon which the carbon sequestration was intended to end has happened; or\n- (b) the registrar receives a request to remove the interest under an Act of the Commonwealth.\n- (i) the period of time for which the carbon abatement interest was intended to exist has ended; or\n- (ii) an event upon which the carbon sequestration was intended to end has happened; or","sortOrder":201},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Application by adverse possessor","content":"## Application by adverse possessor","sortOrder":202},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application may not be made about particular matters","content":"### sec.98 Application may not be made about particular matters\n\nAn application may not be made under this division if the application—\nrelates to only a part of a lot; or\nis for a lot that may be created in the future by the registration of a plan of subdivision; or\nis for a lot the registered owner of which is—\nthe State or another entity representing the State; or\na local government; or\nrelates to possession arising out of an encroachment.\nIn this section—\nencroachment means—\nan encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or\nthe enclosure of a part of a lot with another lot, if—\nthe enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and\nthe wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.\ns 98 sub 2005 No. 68 s 81\namd 2023 No. 27 s 289 sch 3\n(sec.98-ssec.1) An application may not be made under this division if the application— relates to only a part of a lot; or is for a lot that may be created in the future by the registration of a plan of subdivision; or is for a lot the registered owner of which is— the State or another entity representing the State; or a local government; or relates to possession arising out of an encroachment.\n(sec.98-ssec.2) In this section— encroachment means— an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or the enclosure of a part of a lot with another lot, if— the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.\n- (a) relates to only a part of a lot; or\n- (b) is for a lot that may be created in the future by the registration of a plan of subdivision; or\n- (c) is for a lot the registered owner of which is— (i) the State or another entity representing the State; or (ii) a local government; or\n- (i) the State or another entity representing the State; or\n- (ii) a local government; or\n- (d) relates to possession arising out of an encroachment.\n- (i) the State or another entity representing the State; or\n- (ii) a local government; or\n- (a) an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or\n- (b) the enclosure of a part of a lot with another lot, if— (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.\n- (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and\n- (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.\n- (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and\n- (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.","sortOrder":203},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application for registration","content":"### sec.99 Application for registration\n\nA person (the applicant ) may apply to be registered as owner of a lot by lodging an application under this division.\nThe application must be accompanied by—\nthe documents of title for the lot that are in the possession or under the control of the applicant; and\nthe names and addresses, for service of notices, of all registered proprietors and occupiers of lots adjoining the lot.\ns 99 amd 2005 No. 68 s 82\n(sec.99-ssec.1) A person (the applicant ) may apply to be registered as owner of a lot by lodging an application under this division.\n(sec.99-ssec.2) The application must be accompanied by— the documents of title for the lot that are in the possession or under the control of the applicant; and the names and addresses, for service of notices, of all registered proprietors and occupiers of lots adjoining the lot.\n- (a) the documents of title for the lot that are in the possession or under the control of the applicant; and\n- (b) the names and addresses, for service of notices, of all registered proprietors and occupiers of lots adjoining the lot.","sortOrder":204},{"sectionNumber":"sec.100","sectionType":"section","heading":"Withdrawal of application","content":"### sec.100 Withdrawal of application\n\nThe applicant may withdraw the application at any time before the applicant is registered as owner of the lot under this division.\nIf the applicant withdraws the application, the registrar must, if asked by the applicant, return all documents lodged or deposited in support of the application.\n(sec.100-ssec.1) The applicant may withdraw the application at any time before the applicant is registered as owner of the lot under this division.\n(sec.100-ssec.2) If the applicant withdraws the application, the registrar must, if asked by the applicant, return all documents lodged or deposited in support of the application.","sortOrder":205},{"sectionNumber":"sec.101","sectionType":"section","heading":"Right to make application not affected by death etc.","content":"### sec.101 Right to make application not affected by death etc.\n\nIf a person who may apply to be registered as owner of a lot by lodging an application under this division dies without making the application, the application may be made in the person’s name by the person’s legal personal representative.\nIf the applicant dies before the application has been dealt with under this division, the application may be continued, and any necessary steps taken, in the person’s name by the person’s legal personal representative.\n(sec.101-ssec.1) If a person who may apply to be registered as owner of a lot by lodging an application under this division dies without making the application, the application may be made in the person’s name by the person’s legal personal representative.\n(sec.101-ssec.2) If the applicant dies before the application has been dealt with under this division, the application may be continued, and any necessary steps taken, in the person’s name by the person’s legal personal representative.","sortOrder":206},{"sectionNumber":"sec.102","sectionType":"section","heading":"Refusal of application","content":"### sec.102 Refusal of application\n\nThe registrar may refuse to register the applicant as owner of the lot if the registrar is not satisfied that the information and documents in support of the application establish that the applicant is an adverse possessor.","sortOrder":207},{"sectionNumber":"sec.103","sectionType":"section","heading":"Notice of application","content":"### sec.103 Notice of application\n\nBefore registering the applicant as an adverse possessor, the registrar must, to the extent the registrar considers practicable, give written notice of the application to—\nall registered proprietors of the lot and adjoining lots; and\nanyone else the registrar considers may have an interest in the lot.\nThe notice is in addition to the public notice that the applicant must give under section 18 (3) .\nThe notice must include a statement to the effect that the applicant will be registered as the owner of the lot if a caveat is not lodged by a specified day.\nThe specified day must be at least 2 months and not more than 6 months from the day public notice is last required to be given.\ns 103 amd 2001 No. 57 s 7\n(sec.103-ssec.1) Before registering the applicant as an adverse possessor, the registrar must, to the extent the registrar considers practicable, give written notice of the application to— all registered proprietors of the lot and adjoining lots; and anyone else the registrar considers may have an interest in the lot.\n(sec.103-ssec.2) The notice is in addition to the public notice that the applicant must give under section 18 (3) .\n(sec.103-ssec.3) The notice must include a statement to the effect that the applicant will be registered as the owner of the lot if a caveat is not lodged by a specified day.\n(sec.103-ssec.4) The specified day must be at least 2 months and not more than 6 months from the day public notice is last required to be given.\n- (a) all registered proprietors of the lot and adjoining lots; and\n- (b) anyone else the registrar considers may have an interest in the lot.","sortOrder":208},{"sectionNumber":"sec.104","sectionType":"section","heading":"Objecting by caveat","content":"### sec.104 Objecting by caveat\n\nA person who claims an interest in the lot may lodge a caveat over the lot at any time before the applicant is registered as owner of the lot.","sortOrder":209},{"sectionNumber":"sec.105","sectionType":"section","heading":"Lapsing of objector’s caveat","content":"### sec.105 Lapsing of objector’s caveat\n\nIf the registrar—\nis not satisfied that the caveator has an interest in the lot; or\nis satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974 ;\nthe registrar must, by written notice given to the caveator, require the caveator to start a proceeding to recover the lot in the Supreme Court within 6 months after the notice is given.\nThe caveat lapses unless, within the required time, the caveator—\nstarts a proceeding in the Supreme Court to recover the lot; and\ngives written notice, in the way the registrar requires, to the registrar that the proceeding has started.\nThe caveat also lapses if—\nthe proceeding is withdrawn or dismissed; or\njudgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or\nif the judgment in the proceeding is given against the caveator and the judgment is appealed—the appeal is dismissed or withdrawn.\nIn this section—\nrequired time means—\nthe 6 months mentioned in subsection (1) ; or\nif the registrar proposes to act under section 107 (1) (b) —the time allowed under section 107 (3) .\ns 105 amd 2001 No. 57 s 7 ; 2005 No. 68 s 83 ; 2013 No. 23 s 129 ; 2020 No. 9 s 32\n(sec.105-ssec.1) If the registrar— is not satisfied that the caveator has an interest in the lot; or is satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974 ; the registrar must, by written notice given to the caveator, require the caveator to start a proceeding to recover the lot in the Supreme Court within 6 months after the notice is given.\n(sec.105-ssec.2) The caveat lapses unless, within the required time, the caveator— starts a proceeding in the Supreme Court to recover the lot; and gives written notice, in the way the registrar requires, to the registrar that the proceeding has started.\n(sec.105-ssec.3) The caveat also lapses if— the proceeding is withdrawn or dismissed; or judgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or if the judgment in the proceeding is given against the caveator and the judgment is appealed—the appeal is dismissed or withdrawn.\n(sec.105-ssec.4) In this section— required time means— the 6 months mentioned in subsection (1) ; or if the registrar proposes to act under section 107 (1) (b) —the time allowed under section 107 (3) .\n- (a) is not satisfied that the caveator has an interest in the lot; or\n- (b) is satisfied that any interest that the caveator has in the lot has been extinguished under the Limitation of Actions Act 1974 ;\n- (a) starts a proceeding in the Supreme Court to recover the lot; and\n- (b) gives written notice, in the way the registrar requires, to the registrar that the proceeding has started.\n- (a) the proceeding is withdrawn or dismissed; or\n- (b) judgment in the proceeding is given against the caveator and the time for appealing against the judgment expires without an appeal being lodged; or\n- (c) if the judgment in the proceeding is given against the caveator and the judgment is appealed—the appeal is dismissed or withdrawn.\n- (a) the 6 months mentioned in subsection (1) ; or\n- (b) if the registrar proposes to act under section 107 (1) (b) —the time allowed under section 107 (3) .","sortOrder":210},{"sectionNumber":"sec.106","sectionType":"section","heading":"Further objector’s caveat","content":"### sec.106 Further objector’s caveat\n\nWhile the applicant’s application as adverse possessor is still current, a further caveat of the caveator can never be lodged in relation to the interest claimed on the same, or substantially the same, grounds unless the leave of the Supreme Court to lodge the further caveat has been granted.\ns 106 sub 2005 No. 68 s 84\namd 2020 No. 9 s 33","sortOrder":211},{"sectionNumber":"sec.107","sectionType":"section","heading":"Refusing or compromising application","content":"### sec.107 Refusing or compromising application\n\nIf the registrar is satisfied that the caveator has an interest in the lot that has not been extinguished under the Limitation of Actions Act 1974 , the registrar may—\nrefuse to register the applicant as owner of the lot; or\nregister the applicant as the holder of a lesser interest in the lot that the registrar considers appropriately reflects—\nthe use made of the lot by the applicant; and\nthe period that the applicant has used the lot.\nIf the caveator does not agree to the registration of the applicant for a lesser interest in the lot, the caveator may start a proceeding in the Supreme Court to recover the lot.\nThe proceeding must be started within 1 month of receiving written notice from the registrar of the registrar’s intention to register the applicant as holder of a lesser interest in the lot.\nAlso, the caveator must, within the 1 month mentioned in subsection (3) , give written notice, in the way the registrar requires, to the registrar that the proceeding has started.\nIf the caveator does not start a proceeding within 1 month, the registrar may register the applicant as the holder of a lesser interest in the lot.\ns 107 amd 2005 No. 68 s 85 ; 2013 No. 23 s 130\n(sec.107-ssec.1) If the registrar is satisfied that the caveator has an interest in the lot that has not been extinguished under the Limitation of Actions Act 1974 , the registrar may— refuse to register the applicant as owner of the lot; or register the applicant as the holder of a lesser interest in the lot that the registrar considers appropriately reflects— the use made of the lot by the applicant; and the period that the applicant has used the lot.\n(sec.107-ssec.2) If the caveator does not agree to the registration of the applicant for a lesser interest in the lot, the caveator may start a proceeding in the Supreme Court to recover the lot.\n(sec.107-ssec.3) The proceeding must be started within 1 month of receiving written notice from the registrar of the registrar’s intention to register the applicant as holder of a lesser interest in the lot.\n(sec.107-ssec.3A) Also, the caveator must, within the 1 month mentioned in subsection (3) , give written notice, in the way the registrar requires, to the registrar that the proceeding has started.\n(sec.107-ssec.4) If the caveator does not start a proceeding within 1 month, the registrar may register the applicant as the holder of a lesser interest in the lot.\n- (a) refuse to register the applicant as owner of the lot; or\n- (b) register the applicant as the holder of a lesser interest in the lot that the registrar considers appropriately reflects— (i) the use made of the lot by the applicant; and (ii) the period that the applicant has used the lot.\n- (i) the use made of the lot by the applicant; and\n- (ii) the period that the applicant has used the lot.\n- (i) the use made of the lot by the applicant; and\n- (ii) the period that the applicant has used the lot.","sortOrder":212},{"sectionNumber":"sec.108","sectionType":"section","heading":"Registering adverse possessor as owner","content":"### sec.108 Registering adverse possessor as owner\n\nThe registrar may register the applicant as owner of all or part of the lot if the registrar is satisfied that the applicant is an adverse possessor of the lot or part of it and—\nno caveat has been lodged by the day specified under section 103 ; or\nif a caveat is lodged by the day specified under section 103 —\nthe caveat has lapsed or has been withdrawn, cancelled or removed; and\na further caveat has not been lodged under section 106 .\ns 108 amd 2001 No. 57 s 7 ; 2005 No. 68 s 86\n- (a) no caveat has been lodged by the day specified under section 103 ; or\n- (b) if a caveat is lodged by the day specified under section 103 — (i) the caveat has lapsed or has been withdrawn, cancelled or removed; and (ii) a further caveat has not been lodged under section 106 .\n- (i) the caveat has lapsed or has been withdrawn, cancelled or removed; and\n- (ii) a further caveat has not been lodged under section 106 .\n- (i) the caveat has lapsed or has been withdrawn, cancelled or removed; and\n- (ii) a further caveat has not been lodged under section 106 .","sortOrder":213},{"sectionNumber":"sec.108A","sectionType":"section","heading":"Requirements for part of a lot","content":"### sec.108A Requirements for part of a lot\n\nIf, under section 108 , the registrar proposes to register the applicant as owner of only a part (the relevant part ) of the lot (the relevant lot ), the registrar may require the applicant to lodge a plan of subdivision for the relevant lot, subdividing the relevant lot into the following lots—\na lot made up of the relevant part;\na lot made up of the remainder of the relevant lot.\nThe applicant may sign the plan of subdivision as if the applicant were the registered owner of the relevant lot.\nHowever—\nthe plan of subdivision must comply with section 50 ; and\ndespite the outcome of the applicant’s application as an adverse possessor, the registrar can not proceed under section 108 to register the applicant as owner of the relevant part if section 50 can not be complied with.\nThe registrar may require that the giving of public notice under section 18 (3) and the giving of written notice under section 103 (1) be delayed until the applicant satisfies the registrar that the applicant will be able to lodge a plan of subdivision complying with section 50 .\ns 108A ins 2005 No. 68 s 87\n(sec.108A-ssec.1) If, under section 108 , the registrar proposes to register the applicant as owner of only a part (the relevant part ) of the lot (the relevant lot ), the registrar may require the applicant to lodge a plan of subdivision for the relevant lot, subdividing the relevant lot into the following lots— a lot made up of the relevant part; a lot made up of the remainder of the relevant lot.\n(sec.108A-ssec.2) The applicant may sign the plan of subdivision as if the applicant were the registered owner of the relevant lot.\n(sec.108A-ssec.3) However— the plan of subdivision must comply with section 50 ; and despite the outcome of the applicant’s application as an adverse possessor, the registrar can not proceed under section 108 to register the applicant as owner of the relevant part if section 50 can not be complied with.\n(sec.108A-ssec.4) The registrar may require that the giving of public notice under section 18 (3) and the giving of written notice under section 103 (1) be delayed until the applicant satisfies the registrar that the applicant will be able to lodge a plan of subdivision complying with section 50 .\n- (a) a lot made up of the relevant part;\n- (b) a lot made up of the remainder of the relevant lot.\n- (a) the plan of subdivision must comply with section 50 ; and\n- (b) despite the outcome of the applicant’s application as an adverse possessor, the registrar can not proceed under section 108 to register the applicant as owner of the relevant part if section 50 can not be complied with.","sortOrder":214},{"sectionNumber":"sec.108B","sectionType":"section","heading":"Consequences of registration","content":"### sec.108B Consequences of registration\n\nIf, under section 108 , the registrar registers the applicant as owner of the lot or a part of the lot, the registrar must—\ncancel the registration of the person previously registered as the owner of the lot or the part of the lot; and\ncreate in the applicant’s name an indefeasible title free from all other interests in the lot or the part, other than the following—\nany estate, interest, claim, encumbrance or notice registered in favour of an entity that is a public utility provider under division 4 ;\nany easement or profit a prendre registered over the lot when the application was made under section 99 ;\nany covenant that, under division 4A , was registered over the lot when the application was made under section 99 .\ns 108B ins 2005 No. 68 s 87\n- (a) cancel the registration of the person previously registered as the owner of the lot or the part of the lot; and\n- (b) create in the applicant’s name an indefeasible title free from all other interests in the lot or the part, other than the following— (i) any estate, interest, claim, encumbrance or notice registered in favour of an entity that is a public utility provider under division 4 ; (ii) any easement or profit a prendre registered over the lot when the application was made under section 99 ; (iii) any covenant that, under division 4A , was registered over the lot when the application was made under section 99 .\n- (i) any estate, interest, claim, encumbrance or notice registered in favour of an entity that is a public utility provider under division 4 ;\n- (ii) any easement or profit a prendre registered over the lot when the application was made under section 99 ;\n- (iii) any covenant that, under division 4A , was registered over the lot when the application was made under section 99 .\n- (i) any estate, interest, claim, encumbrance or notice registered in favour of an entity that is a public utility provider under division 4 ;\n- (ii) any easement or profit a prendre registered over the lot when the application was made under section 99 ;\n- (iii) any covenant that, under division 4A , was registered over the lot when the application was made under section 99 .","sortOrder":215},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Trusts, deceased estates and bankruptcy","content":"## Trusts, deceased estates and bankruptcy","sortOrder":216},{"sectionNumber":"sec.109","sectionType":"section","heading":"How interest as trustee may be registered","content":"### sec.109 How interest as trustee may be registered\n\nA person may be registered as trustee of an interest in a lot only by the registration of—\nan instrument transferring the interest to, or creating the interest in favour of, the person as trustee; or\na request to vest the interest in the person as trustee.\nFor subsection (1) (b) , a request to vest an interest in a lot in a person as trustee includes a request to give effect to an order of a court appointing the person as trustee for the sale of the lot.\ns 109 amd 1994 No. 81 s 527 sch 5\nsub 1997 No. 28 s 295 sch 3\namd 2010 No. 12 s 190 ; 2017 No. 10 s 32\n(sec.109-ssec.1) A person may be registered as trustee of an interest in a lot only by the registration of— an instrument transferring the interest to, or creating the interest in favour of, the person as trustee; or a request to vest the interest in the person as trustee.\n(sec.109-ssec.2) For subsection (1) (b) , a request to vest an interest in a lot in a person as trustee includes a request to give effect to an order of a court appointing the person as trustee for the sale of the lot.\n- (a) an instrument transferring the interest to, or creating the interest in favour of, the person as trustee; or\n- (b) a request to vest the interest in the person as trustee.","sortOrder":217},{"sectionNumber":"sec.110","sectionType":"section","heading":"Instrument of transfer to trustee","content":"### sec.110 Instrument of transfer to trustee\n\nAn instrument of transfer may be lodged—\nto transfer an interest in a lot to a trustee; or\nby the registered owner to declare that the registered owner holds the interest in a lot as trustee.\nThe registrar may register the instrument of transfer.\nA document, in the form required by the registrar, stating details of the trust, or a certified copy of a document creating the trust, must be deposited with the instrument of transfer.\nThe document deposited with the instrument of transfer does not form part of the freehold land register.\ns 110 amd 2010 No. 12 s 191 ; 2019 No. 17 s 57\n(sec.110-ssec.1) An instrument of transfer may be lodged— to transfer an interest in a lot to a trustee; or by the registered owner to declare that the registered owner holds the interest in a lot as trustee.\n(sec.110-ssec.2) The registrar may register the instrument of transfer.\n(sec.110-ssec.3) A document, in the form required by the registrar, stating details of the trust, or a certified copy of a document creating the trust, must be deposited with the instrument of transfer.\n(sec.110-ssec.4) The document deposited with the instrument of transfer does not form part of the freehold land register.\n- (a) to transfer an interest in a lot to a trustee; or\n- (b) by the registered owner to declare that the registered owner holds the interest in a lot as trustee.","sortOrder":218},{"sectionNumber":"sec.110A","sectionType":"section","heading":"Instrument to vest in trustee","content":"### sec.110A Instrument to vest in trustee\n\nA request to vest may be lodged to vest an interest in a lot in a trustee.\nA request to vest must give effect to an order (the vesting order ) of a court.\nThe registrar may register the request to vest.\nThe vesting order, and all other documents (the other documents ) stating details of the trust subject to which the interest is vested in the trustee, must be deposited with the request to vest.\nThe other documents do not form part of the freehold land register.\nThe registrar must keep certified copies of the other documents and return the originals to the person who deposited them.\ns 110A ins 1997 No. 28 s 295 sch 3\namd 2017 No. 10 s 33\n(sec.110A-ssec.1) A request to vest may be lodged to vest an interest in a lot in a trustee.\n(sec.110A-ssec.2) A request to vest must give effect to an order (the vesting order ) of a court.\n(sec.110A-ssec.3) The registrar may register the request to vest.\n(sec.110A-ssec.4) The vesting order, and all other documents (the other documents ) stating details of the trust subject to which the interest is vested in the trustee, must be deposited with the request to vest.\n(sec.110A-ssec.5) The other documents do not form part of the freehold land register.\n(sec.110A-ssec.6) The registrar must keep certified copies of the other documents and return the originals to the person who deposited them.","sortOrder":219},{"sectionNumber":"sec.111","sectionType":"section","heading":"Registering personal representative","content":"### sec.111 Registering personal representative\n\nA person may apply to the registrar to be registered as personal representative for a registered proprietor of a lot or an interest in a lot who has died.\nThe registrar may register the lot or the interest in the lot in the name of the person as personal representative only if—\nthe person has obtained—\na grant of representation in Queensland; or\nthe resealing in Queensland of a grant of representation; or\nif paragraph (a) does not apply and the registered proprietor died without a will—\nletters of administration of the deceased person’s estate have not been granted in Queensland within 6 months after the death; and\nthe gross value of the deceased person’s Queensland estate at the date of death was no more than the amount prescribed by regulation or, if no amount is prescribed, $300,000; and\nthe registrar is of the opinion that the person would succeed in an application for a grant of representation; or\nif paragraph (a) does not apply and the registered proprietor died leaving a will—\nthe person is or is entitled to be the deceased’s personal representative; or\nthe registrar considers the person would succeed in an application for a grant of representation; or\nthe person has obtained a grant of representation other than in Queensland and the registrar considers the person would succeed in an application for the resealing of the grant in Queensland.\nA person registered under this section without a grant of representation has the same rights, powers and liabilities as if a grant of representation had been made to the person.\nThe validity of an act done or payment made in good faith by a person registered under this section is not affected by a later grant of representation.\nIf the grantee of a grant of representation is different from the person registered under subsection (2) , the person registered must—\naccount to the grantee for all property of the deceased person controlled by the person before the grant; and\ntake all action necessary to divest from the person and vest in the grantee all property of the deceased person remaining under the person’s control.\ns 111 amd 1994 No. 81 s 527 sch 5 ; 2005 No. 68 s 88 ; 2014 No. 29 s 111 ; 2019 No. 7 s 228\n(sec.111-ssec.1) A person may apply to the registrar to be registered as personal representative for a registered proprietor of a lot or an interest in a lot who has died.\n(sec.111-ssec.2) The registrar may register the lot or the interest in the lot in the name of the person as personal representative only if— the person has obtained— a grant of representation in Queensland; or the resealing in Queensland of a grant of representation; or if paragraph (a) does not apply and the registered proprietor died without a will— letters of administration of the deceased person’s estate have not been granted in Queensland within 6 months after the death; and the gross value of the deceased person’s Queensland estate at the date of death was no more than the amount prescribed by regulation or, if no amount is prescribed, $300,000; and the registrar is of the opinion that the person would succeed in an application for a grant of representation; or if paragraph (a) does not apply and the registered proprietor died leaving a will— the person is or is entitled to be the deceased’s personal representative; or the registrar considers the person would succeed in an application for a grant of representation; or the person has obtained a grant of representation other than in Queensland and the registrar considers the person would succeed in an application for the resealing of the grant in Queensland.\n(sec.111-ssec.3) A person registered under this section without a grant of representation has the same rights, powers and liabilities as if a grant of representation had been made to the person.\n(sec.111-ssec.4) The validity of an act done or payment made in good faith by a person registered under this section is not affected by a later grant of representation.\n(sec.111-ssec.5) If the grantee of a grant of representation is different from the person registered under subsection (2) , the person registered must— account to the grantee for all property of the deceased person controlled by the person before the grant; and take all action necessary to divest from the person and vest in the grantee all property of the deceased person remaining under the person’s control.\n- (a) the person has obtained— (i) a grant of representation in Queensland; or (ii) the resealing in Queensland of a grant of representation; or\n- (i) a grant of representation in Queensland; or\n- (ii) the resealing in Queensland of a grant of representation; or\n- (b) if paragraph (a) does not apply and the registered proprietor died without a will— (i) letters of administration of the deceased person’s estate have not been granted in Queensland within 6 months after the death; and (ii) the gross value of the deceased person’s Queensland estate at the date of death was no more than the amount prescribed by regulation or, if no amount is prescribed, $300,000; and (iii) the registrar is of the opinion that the person would succeed in an application for a grant of representation; or\n- (i) letters of administration of the deceased person’s estate have not been granted in Queensland within 6 months after the death; and\n- (ii) the gross value of the deceased person’s Queensland estate at the date of death was no more than the amount prescribed by regulation or, if no amount is prescribed, $300,000; and\n- (iii) the registrar is of the opinion that the person would succeed in an application for a grant of representation; or\n- (c) if paragraph (a) does not apply and the registered proprietor died leaving a will— (i) the person is or is entitled to be the deceased’s personal representative; or (ii) the registrar considers the person would succeed in an application for a grant of representation; or (iii) the person has obtained a grant of representation other than in Queensland and the registrar considers the person would succeed in an application for the resealing of the grant in Queensland.\n- (i) the person is or is entitled to be the deceased’s personal representative; or\n- (ii) the registrar considers the person would succeed in an application for a grant of representation; or\n- (iii) the person has obtained a grant of representation other than in Queensland and the registrar considers the person would succeed in an application for the resealing of the grant in Queensland.\n- (i) a grant of representation in Queensland; or\n- (ii) the resealing in Queensland of a grant of representation; or\n- (i) letters of administration of the deceased person’s estate have not been granted in Queensland within 6 months after the death; and\n- (ii) the gross value of the deceased person’s Queensland estate at the date of death was no more than the amount prescribed by regulation or, if no amount is prescribed, $300,000; and\n- (iii) the registrar is of the opinion that the person would succeed in an application for a grant of representation; or\n- (i) the person is or is entitled to be the deceased’s personal representative; or\n- (ii) the registrar considers the person would succeed in an application for a grant of representation; or\n- (iii) the person has obtained a grant of representation other than in Queensland and the registrar considers the person would succeed in an application for the resealing of the grant in Queensland.\n- (a) account to the grantee for all property of the deceased person controlled by the person before the grant; and\n- (b) take all action necessary to divest from the person and vest in the grantee all property of the deceased person remaining under the person’s control.","sortOrder":220},{"sectionNumber":"sec.112","sectionType":"section","heading":"Registering beneficiary","content":"### sec.112 Registering beneficiary\n\nA person who is beneficially entitled under a will to a lot or an interest in a lot of a deceased registered proprietor may apply to the registrar to be registered as proprietor of the lot.\nHowever, the registrar may register the person only if—\nwritten consent is given by—\nthe person who is or is entitled to be the deceased’s personal representative; or\na person who, in the registrar’s opinion, would succeed in an application for a grant of representation; or\na person who has obtained a grant of representation other than in Queensland and would, in the registrar’s opinion, succeed in an application for the resealing of the grant in Queensland; and\nthe person satisfies the registrar that the person is beneficially entitled to the lot or the interest in the lot.\ns 112 amd 1994 No. 81 s 527 sch 5 ; 2005 No. 68 s 89 ; 2013 No. 23 s 131 ; 2017 No. 10 s 34\n(sec.112-ssec.1) A person who is beneficially entitled under a will to a lot or an interest in a lot of a deceased registered proprietor may apply to the registrar to be registered as proprietor of the lot.\n(sec.112-ssec.2) However, the registrar may register the person only if— written consent is given by— the person who is or is entitled to be the deceased’s personal representative; or a person who, in the registrar’s opinion, would succeed in an application for a grant of representation; or a person who has obtained a grant of representation other than in Queensland and would, in the registrar’s opinion, succeed in an application for the resealing of the grant in Queensland; and the person satisfies the registrar that the person is beneficially entitled to the lot or the interest in the lot.\n- (a) written consent is given by— (i) the person who is or is entitled to be the deceased’s personal representative; or (ii) a person who, in the registrar’s opinion, would succeed in an application for a grant of representation; or (iii) a person who has obtained a grant of representation other than in Queensland and would, in the registrar’s opinion, succeed in an application for the resealing of the grant in Queensland; and\n- (i) the person who is or is entitled to be the deceased’s personal representative; or\n- (ii) a person who, in the registrar’s opinion, would succeed in an application for a grant of representation; or\n- (iii) a person who has obtained a grant of representation other than in Queensland and would, in the registrar’s opinion, succeed in an application for the resealing of the grant in Queensland; and\n- (b) the person satisfies the registrar that the person is beneficially entitled to the lot or the interest in the lot.\n- (i) the person who is or is entitled to be the deceased’s personal representative; or\n- (ii) a person who, in the registrar’s opinion, would succeed in an application for a grant of representation; or\n- (iii) a person who has obtained a grant of representation other than in Queensland and would, in the registrar’s opinion, succeed in an application for the resealing of the grant in Queensland; and","sortOrder":221},{"sectionNumber":"sec.113","sectionType":"section","heading":"Form of application","content":"### sec.113 Form of application\n\nAn application under section 111 or 112 must state—\nthe lot to which the application refers; and\nthe interest for which registration is sought; and\nthe nature of other interests in the lot known to the applicant.\ns 113 amd 2001 No. 57 s 7\n- (a) the lot to which the application refers; and\n- (b) the interest for which registration is sought; and\n- (c) the nature of other interests in the lot known to the applicant.","sortOrder":222},{"sectionNumber":"sec.114","sectionType":"section","heading":"Applying for Supreme Court order","content":"### sec.114 Applying for Supreme Court order\n\nThis section applies to—\nthe Attorney-General; or\na trustee or beneficiary under a trust; or\na personal representative, a devisee or anyone else interested in—\na lot of a deceased registered proprietor; or\na trust involving a lot of a deceased registered proprietor; or\na lot registered in the name of a person as personal representative.\na person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered\nA person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as proprietor of a lot.\nThe Supreme Court may make 1 or more of the following orders—\nthat a person be registered as proprietor of the lot;\nthat a person be removed from the freehold land register as proprietor of the lot;\nthat a caveat be lodged to protect a person’s interest in the lot;\nthat a person advertise in a specified form, content or way;\nthat costs be paid by any person or out of any property.\nThe registrar must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited.\nAn order does not vest an interest in the lot until it is registered.\ns 114 amd 2019 No. 7 s 229\n(sec.114-ssec.1) This section applies to— the Attorney-General; or a trustee or beneficiary under a trust; or a personal representative, a devisee or anyone else interested in— a lot of a deceased registered proprietor; or a trust involving a lot of a deceased registered proprietor; or a lot registered in the name of a person as personal representative. a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered\n(sec.114-ssec.2) A person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as proprietor of a lot.\n(sec.114-ssec.3) The Supreme Court may make 1 or more of the following orders— that a person be registered as proprietor of the lot; that a person be removed from the freehold land register as proprietor of the lot; that a caveat be lodged to protect a person’s interest in the lot; that a person advertise in a specified form, content or way; that costs be paid by any person or out of any property.\n(sec.114-ssec.4) The registrar must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited.\n(sec.114-ssec.5) An order does not vest an interest in the lot until it is registered.\n- (a) the Attorney-General; or\n- (b) a trustee or beneficiary under a trust; or\n- (c) a personal representative, a devisee or anyone else interested in— (i) a lot of a deceased registered proprietor; or (ii) a trust involving a lot of a deceased registered proprietor; or (iii) a lot registered in the name of a person as personal representative. Example of a person interested in a lot mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered\n- (i) a lot of a deceased registered proprietor; or\n- (ii) a trust involving a lot of a deceased registered proprietor; or\n- (iii) a lot registered in the name of a person as personal representative. Example of a person interested in a lot mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered\n- (i) a lot of a deceased registered proprietor; or\n- (ii) a trust involving a lot of a deceased registered proprietor; or\n- (iii) a lot registered in the name of a person as personal representative. Example of a person interested in a lot mentioned in subparagraph (iii) — a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered\n- (a) that a person be registered as proprietor of the lot;\n- (b) that a person be removed from the freehold land register as proprietor of the lot;\n- (c) that a caveat be lodged to protect a person’s interest in the lot;\n- (d) that a person advertise in a specified form, content or way;\n- (e) that costs be paid by any person or out of any property.","sortOrder":223},{"sectionNumber":"sec.115","sectionType":"section","heading":"Transmission on bankruptcy","content":"### sec.115 Transmission on bankruptcy\n\nThe registrar may register a transmission of an interest in a lot under a law about bankruptcy only if a request to register the transmission is lodged.","sortOrder":224},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Community titles schemes","content":"# Community titles schemes","sortOrder":225},{"sectionNumber":"pt.6A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":226},{"sectionNumber":"sec.115A","sectionType":"section","heading":"Basic concept for pt 6A —community titles scheme","content":"### sec.115A Basic concept for pt 6A —community titles scheme\n\nA community titles scheme is the basic concept for this part.\nA community titles scheme can only be over freehold land.\ns 115A ins 2003 No. 6 s 152\n(sec.115A-ssec.1) A community titles scheme is the basic concept for this part.\n(sec.115A-ssec.2) A community titles scheme can only be over freehold land.","sortOrder":227},{"sectionNumber":"sec.115B","sectionType":"section","heading":"Meaning of community titles scheme","content":"### sec.115B Meaning of community titles scheme\n\nA community titles scheme is—\na single community management statement recorded by the registrar identifying land (the scheme land ); and\nthe scheme land.\nLand may be identified as scheme land if it consists of—\n2 or more lots; and\nother land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a) .\nLand can not be common property for more than 1 community titles scheme.\nFor each community titles scheme, there must be—\nat least 2 lots; and\ncommon property; and\na single body corporate; and\na single community management statement.\nA community titles scheme is a basic scheme if all the lots mentioned in subsection (2) (a) are lots under this Act.\nHowever, under this part, a lot may be, for its inclusion in a community titles scheme other than a basic scheme, another community titles scheme.\nBCCM Act , schedule 1 (Illustrations) contains examples of possible structures of community titles schemes.\ns 115B ins 2003 No. 6 s 152\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.115B-ssec.1) A community titles scheme is— a single community management statement recorded by the registrar identifying land (the scheme land ); and the scheme land.\n(sec.115B-ssec.2) Land may be identified as scheme land if it consists of— 2 or more lots; and other land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a) .\n(sec.115B-ssec.3) Land can not be common property for more than 1 community titles scheme.\n(sec.115B-ssec.4) For each community titles scheme, there must be— at least 2 lots; and common property; and a single body corporate; and a single community management statement.\n(sec.115B-ssec.5) A community titles scheme is a basic scheme if all the lots mentioned in subsection (2) (a) are lots under this Act.\n(sec.115B-ssec.6) However, under this part, a lot may be, for its inclusion in a community titles scheme other than a basic scheme, another community titles scheme. BCCM Act , schedule 1 (Illustrations) contains examples of possible structures of community titles schemes.\n- (a) a single community management statement recorded by the registrar identifying land (the scheme land ); and\n- (b) the scheme land.\n- (a) 2 or more lots; and\n- (b) other land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a) .\n- (a) at least 2 lots; and\n- (b) common property; and\n- (c) a single body corporate; and\n- (d) a single community management statement.","sortOrder":228},{"sectionNumber":"sec.115C","sectionType":"section","heading":"Meaning of layered arrangement of community titles schemes","content":"### sec.115C Meaning of layered arrangement of community titles schemes\n\nA layered arrangement of community titles schemes is a grouping of community titles schemes—\nin which there is 1 community titles scheme (the principal scheme ) that—\nSee BCCM Act , schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes.\nis not a lot included in another community titles scheme; and\nis made up of—\nthe scheme land for all other community titles schemes in the grouping; and\nits own common property; and\neach lot, if any, that is not a community titles scheme, but that is included in the scheme; and\nin which there is at least 1 basic scheme; and\nin which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme.\nEach community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes—\nis a subsidiary scheme for the principal scheme; and\nunless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.\nA subsidiary scheme , for a community titles scheme ( scheme A ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A.\nIn this Act, the expression included in , if used in the context of the inclusion of a lot in a community titles scheme—\nestablishes the relationship the lot has to the scheme; and\nin general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.\nThe diagram and notes in the BCCM Act , schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used.\ns 115C ins 2003 No. 6 s 152\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.115C-ssec.1) A layered arrangement of community titles schemes is a grouping of community titles schemes— in which there is 1 community titles scheme (the principal scheme ) that— See BCCM Act , schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes. is not a lot included in another community titles scheme; and is made up of— the scheme land for all other community titles schemes in the grouping; and its own common property; and each lot, if any, that is not a community titles scheme, but that is included in the scheme; and in which there is at least 1 basic scheme; and in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme.\n(sec.115C-ssec.2) Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes— is a subsidiary scheme for the principal scheme; and unless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.\n(sec.115C-ssec.3) A subsidiary scheme , for a community titles scheme ( scheme A ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A.\n(sec.115C-ssec.4) In this Act, the expression included in , if used in the context of the inclusion of a lot in a community titles scheme— establishes the relationship the lot has to the scheme; and in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.\n(sec.115C-ssec.5) The diagram and notes in the BCCM Act , schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used.\n- (a) in which there is 1 community titles scheme (the principal scheme ) that— Note— See BCCM Act , schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes. (i) is not a lot included in another community titles scheme; and (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and\n- (i) is not a lot included in another community titles scheme; and\n- (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and\n- (A) the scheme land for all other community titles schemes in the grouping; and\n- (B) its own common property; and\n- (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and\n- (b) in which there is at least 1 basic scheme; and\n- (c) in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme.\n- (i) is not a lot included in another community titles scheme; and\n- (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and\n- (A) the scheme land for all other community titles schemes in the grouping; and\n- (B) its own common property; and\n- (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and\n- (A) the scheme land for all other community titles schemes in the grouping; and\n- (B) its own common property; and\n- (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and\n- (a) is a subsidiary scheme for the principal scheme; and\n- (b) unless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.\n- (a) establishes the relationship the lot has to the scheme; and\n- (b) in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.","sortOrder":229},{"sectionNumber":"sec.115D","sectionType":"section","heading":"Provisions about lots that are community titles schemes","content":"### sec.115D Provisions about lots that are community titles schemes\n\nIf a community titles scheme ( scheme A ) includes a lot that is another community titles scheme ( scheme B )—\na reference in this Act to the owner of the lot is a reference to the body corporate for scheme B; but\na reference in this Act to a lot included in scheme A does not include a reference to scheme B if the provision is about—\nthe subdivision of a lot; or\nthe indefeasible title for a lot; or\na lease or mortgage of a lot; or\nthe occupier or registered proprietor of a lot.\ns 115D ins 2003 No. 6 s 152\n- (a) a reference in this Act to the owner of the lot is a reference to the body corporate for scheme B; but\n- (b) a reference in this Act to a lot included in scheme A does not include a reference to scheme B if the provision is about— (i) the subdivision of a lot; or (ii) the indefeasible title for a lot; or (iii) a lease or mortgage of a lot; or (iv) the occupier or registered proprietor of a lot.\n- (i) the subdivision of a lot; or\n- (ii) the indefeasible title for a lot; or\n- (iii) a lease or mortgage of a lot; or\n- (iv) the occupier or registered proprietor of a lot.\n- (i) the subdivision of a lot; or\n- (ii) the indefeasible title for a lot; or\n- (iii) a lease or mortgage of a lot; or\n- (iv) the occupier or registered proprietor of a lot.","sortOrder":230},{"sectionNumber":"pt.6A-div.2","sectionType":"division","heading":"Names of community titles schemes","content":"## Names of community titles schemes","sortOrder":231},{"sectionNumber":"sec.115E","sectionType":"section","heading":"Names of community titles schemes","content":"### sec.115E Names of community titles schemes\n\nThe registrar may refuse to record a community management statement for a community titles scheme if the scheme’s identifying name shown in the statement is—\nthe identifying name in the community management statement for another community titles scheme; or\na name reserved under this division, other than a name reserved by the person seeking to record the community management statement; or\na name reserved under the Building Units and Group Titles Act 1980 , section 120 ; or\na name reserved under the South Bank Corporation Act 1989 ; or\nSee the South Bank Corporation Act 1989 , schedule 4 , section 9 (3A) .\nin the registrar’s opinion formed on reasonable grounds, undesirable.\nThe registrar must allocate a unique identifying number for a scheme when the first community management statement is recorded for the scheme.\ns 115E ins 2003 No. 6 s 152\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.115E-ssec.1) The registrar may refuse to record a community management statement for a community titles scheme if the scheme’s identifying name shown in the statement is— the identifying name in the community management statement for another community titles scheme; or a name reserved under this division, other than a name reserved by the person seeking to record the community management statement; or a name reserved under the Building Units and Group Titles Act 1980 , section 120 ; or a name reserved under the South Bank Corporation Act 1989 ; or See the South Bank Corporation Act 1989 , schedule 4 , section 9 (3A) . in the registrar’s opinion formed on reasonable grounds, undesirable.\n(sec.115E-ssec.2) The registrar must allocate a unique identifying number for a scheme when the first community management statement is recorded for the scheme.\n- (a) the identifying name in the community management statement for another community titles scheme; or\n- (b) a name reserved under this division, other than a name reserved by the person seeking to record the community management statement; or\n- (c) a name reserved under the Building Units and Group Titles Act 1980 , section 120 ; or\n- (d) a name reserved under the South Bank Corporation Act 1989 ; or Note— See the South Bank Corporation Act 1989 , schedule 4 , section 9 (3A) .\n- (e) in the registrar’s opinion formed on reasonable grounds, undesirable.","sortOrder":232},{"sectionNumber":"sec.115F","sectionType":"section","heading":"Reservation of name","content":"### sec.115F Reservation of name\n\nThe registrar may, on application, reserve a name stated in the application as the identifying name to be shown in the community management statement for a proposed community titles scheme.\nThe reservation must identify the proposed scheme land for the proposed scheme.\nThe registrar must reserve the name unless satisfied he or she would refuse to record a community management statement showing the name.\ns 115F ins 2003 No. 6 s 152\n(sec.115F-ssec.1) The registrar may, on application, reserve a name stated in the application as the identifying name to be shown in the community management statement for a proposed community titles scheme.\n(sec.115F-ssec.2) The reservation must identify the proposed scheme land for the proposed scheme.\n(sec.115F-ssec.3) The registrar must reserve the name unless satisfied he or she would refuse to record a community management statement showing the name.","sortOrder":233},{"sectionNumber":"sec.115G","sectionType":"section","heading":"Period of reservation","content":"### sec.115G Period of reservation\n\nThe reservation of an identifying name for a proposed community titles scheme is for an initial period of 2 years and may be extended by the registrar, but only once, for an additional period of 1 year.\nThe extension may be given only on an application made, within the initial period, by the person for whom the name is reserved.\nHowever, the reservation ends if—\nthe person withdraws the reservation; or\na community titles scheme is established and the reserved name is the identifying name shown in the community management statement for the scheme.\ns 115G ins 2003 No. 6 s 152\n(sec.115G-ssec.1) The reservation of an identifying name for a proposed community titles scheme is for an initial period of 2 years and may be extended by the registrar, but only once, for an additional period of 1 year.\n(sec.115G-ssec.2) The extension may be given only on an application made, within the initial period, by the person for whom the name is reserved.\n(sec.115G-ssec.3) However, the reservation ends if— the person withdraws the reservation; or a community titles scheme is established and the reserved name is the identifying name shown in the community management statement for the scheme.\n- (a) the person withdraws the reservation; or\n- (b) a community titles scheme is established and the reserved name is the identifying name shown in the community management statement for the scheme.","sortOrder":234},{"sectionNumber":"pt.6A-div.3","sectionType":"division","heading":"Scheme land","content":"## Scheme land","sortOrder":235},{"sectionNumber":"sec.115H","sectionType":"section","heading":"Single area for scheme land","content":"### sec.115H Single area for scheme land\n\nScheme land for a community titles scheme must be made up of a single, continuous area of land.\nScheme land is taken to be made up of a single, continuous area of land even if—\na lot is subdivided under section 53A ; or\nif paragraph (a) does not apply—there is nevertheless a road or watercourse within the external boundaries of the scheme land.\nHowever, a community titles scheme may be established with scheme land not made up of a single, continuous area of land if all lots that become the scheme land are—\ncreated under a single plan of subdivision; or\nin the opinion of the registrar formed on reasonable grounds, located within an area that is sufficiently limited to ensure the scheme can be administered under the BCCM Act efficiently and effectively as a single scheme.\nNevertheless, if subsection (3) applies, and the scheme is later changed to include additional lots or common property, each of the additional lots or common property must form a single, continuous area of land with a part of the scheme land in existence for the scheme immediately before the inclusion of the additional lots or common property.\ns 115H ins 2003 No. 6 s 152\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.115H-ssec.1) Scheme land for a community titles scheme must be made up of a single, continuous area of land.\n(sec.115H-ssec.2) Scheme land is taken to be made up of a single, continuous area of land even if— a lot is subdivided under section 53A ; or if paragraph (a) does not apply—there is nevertheless a road or watercourse within the external boundaries of the scheme land.\n(sec.115H-ssec.3) However, a community titles scheme may be established with scheme land not made up of a single, continuous area of land if all lots that become the scheme land are— created under a single plan of subdivision; or in the opinion of the registrar formed on reasonable grounds, located within an area that is sufficiently limited to ensure the scheme can be administered under the BCCM Act efficiently and effectively as a single scheme.\n(sec.115H-ssec.4) Nevertheless, if subsection (3) applies, and the scheme is later changed to include additional lots or common property, each of the additional lots or common property must form a single, continuous area of land with a part of the scheme land in existence for the scheme immediately before the inclusion of the additional lots or common property.\n- (a) a lot is subdivided under section 53A ; or\n- (b) if paragraph (a) does not apply—there is nevertheless a road or watercourse within the external boundaries of the scheme land.\n- (a) created under a single plan of subdivision; or\n- (b) in the opinion of the registrar formed on reasonable grounds, located within an area that is sufficiently limited to ensure the scheme can be administered under the BCCM Act efficiently and effectively as a single scheme.","sortOrder":236},{"sectionNumber":"sec.115I","sectionType":"section","heading":"Enlarging the number of lots through progressive subdivision","content":"### sec.115I Enlarging the number of lots through progressive subdivision\n\nThis section applies to a basic scheme for which—\nan application for a development approval is made under the Planning Act ; or\nan application for a development approval, or a request for compliance assessment of development, was made under the repealed Sustainable Planning Act 2009 ; or\nan application for development approval was made under the repealed Integrated Planning Act 1997 on or after 4 March 2003.\nThe number of lots included in the scheme may be increased through the progressive subdivision of lots to create further lots included in the scheme.\nBCCM Act , schedule 1 (Illustrations), part 4 (Example of progressive subdivision for creating more lots in a scheme) gives an example of the operation of this section.\nSubject to subsection (4) , the lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots if the subdivision is to create a layered arrangement of community titles schemes.\nThe lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots, without creating a layered arrangement of community titles schemes, if each of the following apply to the scheme—\nthe community management statement states that the lots included in the scheme are to be subdivided by different format plans of subdivision;\nthe lots are subdivided by different format plans of subdivision;\nthe contribution schedule lot entitlements equitably reflect the difference in the maintenance requirements of the standard format lots, building format lots and volumetric format lots.\ns 115I ins 2003 No. 6 s 152\namd 2009 No. 36 s 872 sch 2 ; 2013 No. 23 s 352 s ch 1 pt 1 ; 2016 No. 27 s 299\n(sec.115I-ssec.1) This section applies to a basic scheme for which— an application for a development approval is made under the Planning Act ; or an application for a development approval, or a request for compliance assessment of development, was made under the repealed Sustainable Planning Act 2009 ; or an application for development approval was made under the repealed Integrated Planning Act 1997 on or after 4 March 2003.\n(sec.115I-ssec.2) The number of lots included in the scheme may be increased through the progressive subdivision of lots to create further lots included in the scheme. BCCM Act , schedule 1 (Illustrations), part 4 (Example of progressive subdivision for creating more lots in a scheme) gives an example of the operation of this section.\n(sec.115I-ssec.3) Subject to subsection (4) , the lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots if the subdivision is to create a layered arrangement of community titles schemes.\n(sec.115I-ssec.4) The lots may be subdivided by plans of subdivision of a different format from the plan of subdivision that created the original lots, without creating a layered arrangement of community titles schemes, if each of the following apply to the scheme— the community management statement states that the lots included in the scheme are to be subdivided by different format plans of subdivision; the lots are subdivided by different format plans of subdivision; the contribution schedule lot entitlements equitably reflect the difference in the maintenance requirements of the standard format lots, building format lots and volumetric format lots.\n- (a) an application for a development approval is made under the Planning Act ; or\n- (b) an application for a development approval, or a request for compliance assessment of development, was made under the repealed Sustainable Planning Act 2009 ; or\n- (c) an application for development approval was made under the repealed Integrated Planning Act 1997 on or after 4 March 2003.\n- (a) the community management statement states that the lots included in the scheme are to be subdivided by different format plans of subdivision;\n- (b) the lots are subdivided by different format plans of subdivision;\n- (c) the contribution schedule lot entitlements equitably reflect the difference in the maintenance requirements of the standard format lots, building format lots and volumetric format lots.","sortOrder":237},{"sectionNumber":"pt.6A-div.4","sectionType":"division","heading":"Community management statements","content":"## Community management statements","sortOrder":238},{"sectionNumber":"sec.115J","sectionType":"section","heading":"Lodging request to record a new statement","content":"### sec.115J Lodging request to record a new statement\n\nA request to record a new community management statement for a community titles scheme must be lodged when a new plan of subdivision affecting the scheme (including affecting a lot in, or the common property for, the scheme) is lodged.\nA request to record a new community management statement for a community titles scheme may be lodged, and the new statement may be recorded for the scheme, even though a plan of subdivision is not lodged, if all plans of subdivision relating to the scheme, and the new statement, will still be consistent after the new statement is recorded.\ns 115J ins 2003 No. 6 s 152\n(sec.115J-ssec.1) A request to record a new community management statement for a community titles scheme must be lodged when a new plan of subdivision affecting the scheme (including affecting a lot in, or the common property for, the scheme) is lodged.\n(sec.115J-ssec.2) A request to record a new community management statement for a community titles scheme may be lodged, and the new statement may be recorded for the scheme, even though a plan of subdivision is not lodged, if all plans of subdivision relating to the scheme, and the new statement, will still be consistent after the new statement is recorded.","sortOrder":239},{"sectionNumber":"sec.115K","sectionType":"section","heading":"Recording community management statements","content":"### sec.115K Recording community management statements\n\nThe registrar may record a community management statement if—\na request to record the statement is lodged; and\nthe statement is deposited with the request; and\nthe statement complies with—\nsection 115H ; and\nthe requirements of the BCCM Act for a community management statement; and\nfor a new community management statement—the body corporate’s consent to the recording of the new statement is endorsed on the statement.\nA community management statement is not an instrument under this Act.\nHowever, a request to record a community management statement is an instrument, and is lodged, under this Act.\nAn interest created under a community management statement recorded under subsection (1) does not have effect as a registered interest.\ns 115K ins 2003 No. 6 s 152\namd 2005 No. 68 s 90\n(sec.115K-ssec.1) The registrar may record a community management statement if— a request to record the statement is lodged; and the statement is deposited with the request; and the statement complies with— section 115H ; and the requirements of the BCCM Act for a community management statement; and for a new community management statement—the body corporate’s consent to the recording of the new statement is endorsed on the statement.\n(sec.115K-ssec.2) A community management statement is not an instrument under this Act.\n(sec.115K-ssec.3) However, a request to record a community management statement is an instrument, and is lodged, under this Act.\n(sec.115K-ssec.4) An interest created under a community management statement recorded under subsection (1) does not have effect as a registered interest.\n- (a) a request to record the statement is lodged; and\n- (b) the statement is deposited with the request; and\n- (c) the statement complies with— (i) section 115H ; and (ii) the requirements of the BCCM Act for a community management statement; and\n- (i) section 115H ; and\n- (ii) the requirements of the BCCM Act for a community management statement; and\n- (d) for a new community management statement—the body corporate’s consent to the recording of the new statement is endorsed on the statement.\n- (i) section 115H ; and\n- (ii) the requirements of the BCCM Act for a community management statement; and","sortOrder":240},{"sectionNumber":"sec.115L","sectionType":"section","heading":"When registrar records community management statement","content":"### sec.115L When registrar records community management statement\n\nWhen the registrar records a community management statement for a community titles scheme, the registrar must—\ngive the statement a unique identifying number; and\nrecord a reference to the community management statement, including its unique identifying number, on—\nthe indefeasible title for each lot that is scheme land; and\nthe indefeasible title for any common property that is scheme land.\nHowever—\nthe registrar is not obliged to examine, but may examine, a community management statement for its validity, including, in particular, its—\nconsistency with any plan of subdivision; or\ncompliance with the requirements for a community management statement; and\nit must not be presumed that a community management statement is valid or enforceable, including, for example, that the by-laws for the scheme included in the statement are valid and enforceable, because the registrar records it; and\nneither the validity nor the enforceability of a community management statement, as recorded by the registrar, is guaranteed by the State.\nThe community management statement takes effect when it is recorded by the registrar as the community management statement for the scheme.\ns 115L ins 2003 No. 6 s 152\n(sec.115L-ssec.1) When the registrar records a community management statement for a community titles scheme, the registrar must— give the statement a unique identifying number; and record a reference to the community management statement, including its unique identifying number, on— the indefeasible title for each lot that is scheme land; and the indefeasible title for any common property that is scheme land.\n(sec.115L-ssec.2) However— the registrar is not obliged to examine, but may examine, a community management statement for its validity, including, in particular, its— consistency with any plan of subdivision; or compliance with the requirements for a community management statement; and it must not be presumed that a community management statement is valid or enforceable, including, for example, that the by-laws for the scheme included in the statement are valid and enforceable, because the registrar records it; and neither the validity nor the enforceability of a community management statement, as recorded by the registrar, is guaranteed by the State.\n(sec.115L-ssec.3) The community management statement takes effect when it is recorded by the registrar as the community management statement for the scheme.\n- (a) give the statement a unique identifying number; and\n- (b) record a reference to the community management statement, including its unique identifying number, on— (i) the indefeasible title for each lot that is scheme land; and (ii) the indefeasible title for any common property that is scheme land.\n- (i) the indefeasible title for each lot that is scheme land; and\n- (ii) the indefeasible title for any common property that is scheme land.\n- (i) the indefeasible title for each lot that is scheme land; and\n- (ii) the indefeasible title for any common property that is scheme land.\n- (a) the registrar is not obliged to examine, but may examine, a community management statement for its validity, including, in particular, its— (i) consistency with any plan of subdivision; or (ii) compliance with the requirements for a community management statement; and\n- (i) consistency with any plan of subdivision; or\n- (ii) compliance with the requirements for a community management statement; and\n- (b) it must not be presumed that a community management statement is valid or enforceable, including, for example, that the by-laws for the scheme included in the statement are valid and enforceable, because the registrar records it; and\n- (c) neither the validity nor the enforceability of a community management statement, as recorded by the registrar, is guaranteed by the State.\n- (i) consistency with any plan of subdivision; or\n- (ii) compliance with the requirements for a community management statement; and","sortOrder":241},{"sectionNumber":"pt.6A-div.5","sectionType":"division","heading":"Statutory easements","content":"## Statutory easements","sortOrder":242},{"sectionNumber":"sec.115M","sectionType":"section","heading":"Application of div 5","content":"### sec.115M Application of div 5\n\nThis division provides for easements for lots included in, and common property for, a community titles scheme.\nHowever, subject to subsection (3) , this division applies to the scheme only if the lots included in the scheme are lots on—\na building format plan of subdivision; or\na volumetric format plan of subdivision; or\na standard format plan of subdivision registered under this Act on or after 13 July 1997.\nIf a lot is a standard format lot in a community titles scheme intended to be developed progressively and there are no buildings on the lot, this division applies for the lot.\nThis division has effect for the scheme subject to the provisions of an easement established under another part of this Act.\ns 115M ins 2003 No. 6 s 152\n(sec.115M-ssec.1) This division provides for easements for lots included in, and common property for, a community titles scheme.\n(sec.115M-ssec.2) However, subject to subsection (3) , this division applies to the scheme only if the lots included in the scheme are lots on— a building format plan of subdivision; or a volumetric format plan of subdivision; or a standard format plan of subdivision registered under this Act on or after 13 July 1997.\n(sec.115M-ssec.3) If a lot is a standard format lot in a community titles scheme intended to be developed progressively and there are no buildings on the lot, this division applies for the lot.\n(sec.115M-ssec.4) This division has effect for the scheme subject to the provisions of an easement established under another part of this Act.\n- (a) a building format plan of subdivision; or\n- (b) a volumetric format plan of subdivision; or\n- (c) a standard format plan of subdivision registered under this Act on or after 13 July 1997.","sortOrder":243},{"sectionNumber":"sec.115N","sectionType":"section","heading":"Easements for support","content":"### sec.115N Easements for support\n\nAn easement of lateral or subjacent support exists—\nin favour of a lot against another lot capable of supplying lateral or subjacent support; and\nin favour of a lot against common property capable of supplying lateral or subjacent support; and\nin favour of common property against a lot capable of supplying lateral or subjacent support; and\nin favour of common property against other common property capable of supplying lateral or subjacent support.\nAn easement of common wall support exists—\nin favour of a lot ( lot X ) against another lot when a building on the other lot is supplying common wall support to a building on lot X; and\nin favour of a lot against common property when a building on the common property is supplying common wall support to a building on the boundary of the lot; and\nin favour of common property against a lot when a building on the lot is supplying common wall support to a building on the boundary of the common property; and\nin favour of common property against other common property when a building on the other common property is supplying common wall support to a building on the boundary of the common property.\nFor subsection (2) , a building ( building A ) supplies common wall support to another building ( building B ) if a wall (the common wall ) of building A is also a wall of building B and the common wall is necessary to ensure the general safety and structural integrity of building A.\nAn easement for support under subsection (1) or (2) —\nentitles the owner of a lot ( lot X ) to enter a lot or common property supplying support to lot X under the easement to maintain or replace any support; and\nentitles the body corporate to enter a lot or common property supplying support to common property under the easement to maintain or replace any support.\nAn easement for support under subsection (1) or (2) subsists until the scheme no longer exists.\ns 115N ins 2003 No. 6 s 152\namd 2013 No. 23 s 132\n(sec.115N-ssec.1) An easement of lateral or subjacent support exists— in favour of a lot against another lot capable of supplying lateral or subjacent support; and in favour of a lot against common property capable of supplying lateral or subjacent support; and in favour of common property against a lot capable of supplying lateral or subjacent support; and in favour of common property against other common property capable of supplying lateral or subjacent support.\n(sec.115N-ssec.2) An easement of common wall support exists— in favour of a lot ( lot X ) against another lot when a building on the other lot is supplying common wall support to a building on lot X; and in favour of a lot against common property when a building on the common property is supplying common wall support to a building on the boundary of the lot; and in favour of common property against a lot when a building on the lot is supplying common wall support to a building on the boundary of the common property; and in favour of common property against other common property when a building on the other common property is supplying common wall support to a building on the boundary of the common property.\n(sec.115N-ssec.3) For subsection (2) , a building ( building A ) supplies common wall support to another building ( building B ) if a wall (the common wall ) of building A is also a wall of building B and the common wall is necessary to ensure the general safety and structural integrity of building A.\n(sec.115N-ssec.4) An easement for support under subsection (1) or (2) — entitles the owner of a lot ( lot X ) to enter a lot or common property supplying support to lot X under the easement to maintain or replace any support; and entitles the body corporate to enter a lot or common property supplying support to common property under the easement to maintain or replace any support.\n(sec.115N-ssec.5) An easement for support under subsection (1) or (2) subsists until the scheme no longer exists.\n- (a) in favour of a lot against another lot capable of supplying lateral or subjacent support; and\n- (b) in favour of a lot against common property capable of supplying lateral or subjacent support; and\n- (c) in favour of common property against a lot capable of supplying lateral or subjacent support; and\n- (d) in favour of common property against other common property capable of supplying lateral or subjacent support.\n- (a) in favour of a lot ( lot X ) against another lot when a building on the other lot is supplying common wall support to a building on lot X; and\n- (b) in favour of a lot against common property when a building on the common property is supplying common wall support to a building on the boundary of the lot; and\n- (c) in favour of common property against a lot when a building on the lot is supplying common wall support to a building on the boundary of the common property; and\n- (d) in favour of common property against other common property when a building on the other common property is supplying common wall support to a building on the boundary of the common property.\n- (a) entitles the owner of a lot ( lot X ) to enter a lot or common property supplying support to lot X under the easement to maintain or replace any support; and\n- (b) entitles the body corporate to enter a lot or common property supplying support to common property under the easement to maintain or replace any support.","sortOrder":244},{"sectionNumber":"sec.115O","sectionType":"section","heading":"Easements in favour of lots for utility services and utility infrastructure","content":"### sec.115O Easements in favour of lots for utility services and utility infrastructure\n\nAn easement exists in favour of a lot and against other lots and common property for supplying utility services to the lot and establishing and maintaining utility infrastructure reasonably necessary for supplying the utility services.\nHowever, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lot or part of common property against which the easement lies.\ns 115O ins 2003 No. 6 s 152\n(sec.115O-ssec.1) An easement exists in favour of a lot and against other lots and common property for supplying utility services to the lot and establishing and maintaining utility infrastructure reasonably necessary for supplying the utility services.\n(sec.115O-ssec.2) However, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lot or part of common property against which the easement lies.","sortOrder":245},{"sectionNumber":"sec.115P","sectionType":"section","heading":"Easements for utility services and utility infrastructure","content":"### sec.115P Easements for utility services and utility infrastructure\n\nAn easement exists in favour of common property and against the lots for supplying utility services to the common property and establishing and maintaining utility infrastructure reasonably necessary for supplying utility services to the common property.\nHowever, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lots against which the easement lies.\ns 115P ins 2003 No. 6 s 152\n(sec.115P-ssec.1) An easement exists in favour of common property and against the lots for supplying utility services to the common property and establishing and maintaining utility infrastructure reasonably necessary for supplying utility services to the common property.\n(sec.115P-ssec.2) However, the exercise of rights under the easement must not interfere unreasonably with the use or enjoyment of the lots against which the easement lies.","sortOrder":246},{"sectionNumber":"sec.115Q","sectionType":"section","heading":"Easements for shelter","content":"### sec.115Q Easements for shelter\n\nAn easement entitling the owner of a lot to have the lot sheltered by parts of a building within scheme land necessary to supply shelter exists against the lots or parts of common property where the relevant parts of the building are situated.\nThe easement for shelter under subsection (1) entitles the owner of the lot to enter a lot or common property supplying shelter under the easement to maintain or replace the shelter.\ns 115Q ins 2003 No. 6 s 152\n(sec.115Q-ssec.1) An easement entitling the owner of a lot to have the lot sheltered by parts of a building within scheme land necessary to supply shelter exists against the lots or parts of common property where the relevant parts of the building are situated.\n(sec.115Q-ssec.2) The easement for shelter under subsection (1) entitles the owner of the lot to enter a lot or common property supplying shelter under the easement to maintain or replace the shelter.","sortOrder":247},{"sectionNumber":"sec.115R","sectionType":"section","heading":"Easements for projections","content":"### sec.115R Easements for projections\n\nIf eaves, guttering, drainpipes, awnings, window sills, or other minor parts of a building within a lot ( lot A ) project over the boundaries of another lot ( lot B ) or common property, an easement exists in favour of lot A and against the part of lot B or common property over which the projection lies, permitting the projection.\nThe easement entitles the owner of lot A to enter lot B or the common property to maintain or replace the building parts.\ns 115R ins 2003 No. 6 s 152\n(sec.115R-ssec.1) If eaves, guttering, drainpipes, awnings, window sills, or other minor parts of a building within a lot ( lot A ) project over the boundaries of another lot ( lot B ) or common property, an easement exists in favour of lot A and against the part of lot B or common property over which the projection lies, permitting the projection.\n(sec.115R-ssec.2) The easement entitles the owner of lot A to enter lot B or the common property to maintain or replace the building parts.","sortOrder":248},{"sectionNumber":"sec.115S","sectionType":"section","heading":"Easement for maintenance of building close to boundary","content":"### sec.115S Easement for maintenance of building close to boundary\n\nIf a building is on the boundary of a lot ( lot A ) or so close to the boundary of lot A that maintenance or replacement of the building is not able to be carried out without entering another lot ( lot B ) or common property, an easement exists in favour of lot A and against lot B or the common property.\nThe easement entitles the owner of lot A to enter lot B or common property to carry out the maintenance or replacement.\ns 115S ins 2003 No. 6 s 152\n(sec.115S-ssec.1) If a building is on the boundary of a lot ( lot A ) or so close to the boundary of lot A that maintenance or replacement of the building is not able to be carried out without entering another lot ( lot B ) or common property, an easement exists in favour of lot A and against lot B or the common property.\n(sec.115S-ssec.2) The easement entitles the owner of lot A to enter lot B or common property to carry out the maintenance or replacement.","sortOrder":249},{"sectionNumber":"pt.6A-div.6","sectionType":"division","heading":"Changes to community titles schemes under reinstatement process","content":"## Changes to community titles schemes under reinstatement process","sortOrder":250},{"sectionNumber":"sec.115T","sectionType":"section","heading":"Registration for changes to scheme under approved reinstatement process","content":"### sec.115T Registration for changes to scheme under approved reinstatement process\n\nIf an approved reinstatement process provides for a change to a community titles scheme, the body corporate must lodge—\nif appropriate, having regard to the approved reinstatement process, or a community management statement mentioned in paragraph (b) —a plan of subdivision reflecting the approved reinstatement process; and\nif appropriate, having regard to the approved reinstatement process, or a plan of subdivision mentioned in paragraph (a) —a request to record a new community management statement; and\na true copy of the approved reinstatement process.\nIf an approved reinstatement process provides for a change to subdivisional arrangements (not including a change to a community titles scheme), the owners of lots the subject of the approved reinstatement process must lodge—\nif appropriate, having regard to the approved reinstatement process—a plan of subdivision reflecting the approved reinstatement process; and\na true copy of the approved reinstatement process.\nIn this section—\napproved reinstatement process means a process, approved under the BCCM Act , section 72 or 74 , for reinstating a building.\ns 115T ins 2003 No. 6 s 152\namd 2004 No. 4 s 57 sch\n(sec.115T-ssec.1) If an approved reinstatement process provides for a change to a community titles scheme, the body corporate must lodge— if appropriate, having regard to the approved reinstatement process, or a community management statement mentioned in paragraph (b) —a plan of subdivision reflecting the approved reinstatement process; and if appropriate, having regard to the approved reinstatement process, or a plan of subdivision mentioned in paragraph (a) —a request to record a new community management statement; and a true copy of the approved reinstatement process.\n(sec.115T-ssec.2) If an approved reinstatement process provides for a change to subdivisional arrangements (not including a change to a community titles scheme), the owners of lots the subject of the approved reinstatement process must lodge— if appropriate, having regard to the approved reinstatement process—a plan of subdivision reflecting the approved reinstatement process; and a true copy of the approved reinstatement process.\n(sec.115T-ssec.3) In this section— approved reinstatement process means a process, approved under the BCCM Act , section 72 or 74 , for reinstating a building.\n- (a) if appropriate, having regard to the approved reinstatement process, or a community management statement mentioned in paragraph (b) —a plan of subdivision reflecting the approved reinstatement process; and\n- (b) if appropriate, having regard to the approved reinstatement process, or a plan of subdivision mentioned in paragraph (a) —a request to record a new community management statement; and\n- (c) a true copy of the approved reinstatement process.\n- (a) if appropriate, having regard to the approved reinstatement process—a plan of subdivision reflecting the approved reinstatement process; and\n- (b) a true copy of the approved reinstatement process.","sortOrder":251},{"sectionNumber":"pt.6A-div.7","sectionType":"division","heading":"Terminating community titles schemes","content":"## Terminating community titles schemes","sortOrder":252},{"sectionNumber":"sec.115U","sectionType":"section","heading":"Instruments required for terminating scheme","content":"### sec.115U Instruments required for terminating scheme\n\nIf a community titles scheme is to be terminated, a plan cancelling the lots in the scheme must be lodged.\nThe plan must be lodged by or for—\nthe body corporate; or\nif the District Court made an order under the BCCM Act , chapter 2 , part 9 , for terminating the scheme—a person on whose application the court made the order.\nThe plan must be accompanied by, as well as any other instrument required under this Act, a copy of—\nif the scheme is terminated under a resolution, other than a termination resolution, of the body corporate—the resolution to terminate the scheme, and any agreement entered into about termination issues; or\nif the scheme is terminated under a termination resolution of the body corporate—the termination resolution and the termination plan for the scheme; or\nif the scheme is terminated under an order of the District Court—the order.\nIn this section—\ntermination issues see the BCCM Act , schedule 6 .\ntermination plan see the BCCM Act , schedule 6 .\ntermination resolution see the BCCM Act , schedule 6 .\ns 115U ins 2003 No. 6 s 152\namd 2004 No. 4 s 57 sch ; 2023 No. 29 s 54\n(sec.115U-ssec.1) If a community titles scheme is to be terminated, a plan cancelling the lots in the scheme must be lodged.\n(sec.115U-ssec.2) The plan must be lodged by or for— the body corporate; or if the District Court made an order under the BCCM Act , chapter 2 , part 9 , for terminating the scheme—a person on whose application the court made the order.\n(sec.115U-ssec.3) The plan must be accompanied by, as well as any other instrument required under this Act, a copy of— if the scheme is terminated under a resolution, other than a termination resolution, of the body corporate—the resolution to terminate the scheme, and any agreement entered into about termination issues; or if the scheme is terminated under a termination resolution of the body corporate—the termination resolution and the termination plan for the scheme; or if the scheme is terminated under an order of the District Court—the order.\n(sec.115U-ssec.4) In this section— termination issues see the BCCM Act , schedule 6 . termination plan see the BCCM Act , schedule 6 . termination resolution see the BCCM Act , schedule 6 .\n- (a) the body corporate; or\n- (b) if the District Court made an order under the BCCM Act , chapter 2 , part 9 , for terminating the scheme—a person on whose application the court made the order.\n- (a) if the scheme is terminated under a resolution, other than a termination resolution, of the body corporate—the resolution to terminate the scheme, and any agreement entered into about termination issues; or\n- (aa) if the scheme is terminated under a termination resolution of the body corporate—the termination resolution and the termination plan for the scheme; or\n- (b) if the scheme is terminated under an order of the District Court—the order.","sortOrder":253},{"sectionNumber":"sec.115V","sectionType":"section","heading":"Recording termination of scheme","content":"### sec.115V Recording termination of scheme\n\nIf section 115U is complied with, the registrar must record the cancellation of the community management statement, and must also—\nregister the termination in the freehold land register; and\ncancel the particulars (other than particulars of easements, covenants and other dealings capable of being maintained against scheme land after termination of the scheme) recorded in the freehold land register about scheme land.\nThe termination takes effect when the registrar completes the action mentioned in subsection (1) .\nOn the termination of the scheme, the registrar must create 1 or more indefeasible titles for all land that, immediately before the termination, was scheme land.\nThe registered owners for a title mentioned in subsection (3) —\nare the persons ( former owners ) who, immediately before the scheme’s termination, were the owners of the scheme land; and\nmust be recorded as tenants in common in the shares proportionate to their respective interest schedule lot entitlements immediately before the termination.\nIf a lot included in the scheme was subject to a mortgage immediately before the scheme was terminated, the former owner’s interest in the land as tenant in common is subject to the mortgage.\ns 115V ins 2003 No. 6 s 152\n(sec.115V-ssec.1) If section 115U is complied with, the registrar must record the cancellation of the community management statement, and must also— register the termination in the freehold land register; and cancel the particulars (other than particulars of easements, covenants and other dealings capable of being maintained against scheme land after termination of the scheme) recorded in the freehold land register about scheme land.\n(sec.115V-ssec.2) The termination takes effect when the registrar completes the action mentioned in subsection (1) .\n(sec.115V-ssec.3) On the termination of the scheme, the registrar must create 1 or more indefeasible titles for all land that, immediately before the termination, was scheme land.\n(sec.115V-ssec.4) The registered owners for a title mentioned in subsection (3) — are the persons ( former owners ) who, immediately before the scheme’s termination, were the owners of the scheme land; and must be recorded as tenants in common in the shares proportionate to their respective interest schedule lot entitlements immediately before the termination.\n(sec.115V-ssec.5) If a lot included in the scheme was subject to a mortgage immediately before the scheme was terminated, the former owner’s interest in the land as tenant in common is subject to the mortgage.\n- (a) register the termination in the freehold land register; and\n- (b) cancel the particulars (other than particulars of easements, covenants and other dealings capable of being maintained against scheme land after termination of the scheme) recorded in the freehold land register about scheme land.\n- (a) are the persons ( former owners ) who, immediately before the scheme’s termination, were the owners of the scheme land; and\n- (b) must be recorded as tenants in common in the shares proportionate to their respective interest schedule lot entitlements immediately before the termination.","sortOrder":254},{"sectionNumber":"pt.6A-div.8","sectionType":"division","heading":"Amalgamating community titles schemes","content":"## Amalgamating community titles schemes","sortOrder":255},{"sectionNumber":"sec.115W","sectionType":"section","heading":"Request to record amalgamation of schemes","content":"### sec.115W Request to record amalgamation of schemes\n\nA request to record the amalgamation of 2 or more community titles schemes ( scheme A and scheme B ) must be lodged.\nThe request must be—\nsigned by or for the body corporate for scheme A or scheme B; and\nlodged by or for—\nthe bodies corporate for schemes A and B; or\nif the District Court made an order under the BCCM Act , section 85 (3) , for amalgamating the schemes—a person on whose application the court made the order.\nThe request must be accompanied by each of the following—\na copy of each resolution, or the order, for the amalgamation of schemes A and B;\nthe community management statement intended to be recorded for the single, newly established, community titles scheme formed, or to be formed from the amalgamation ( scheme C ), showing the appropriate consents and notifications;\nif schemes A and B are lots included in another community titles scheme and the existing statement for the other scheme is not consistent with the amalgamation of schemes A and B—a new community management statement for the other scheme;\nany other instrument required under this Act.\ns 115W ins 2003 No. 6 s 152\namd 2004 No. 4 s 57 sch\n(sec.115W-ssec.1) A request to record the amalgamation of 2 or more community titles schemes ( scheme A and scheme B ) must be lodged.\n(sec.115W-ssec.2) The request must be— signed by or for the body corporate for scheme A or scheme B; and lodged by or for— the bodies corporate for schemes A and B; or if the District Court made an order under the BCCM Act , section 85 (3) , for amalgamating the schemes—a person on whose application the court made the order.\n(sec.115W-ssec.3) The request must be accompanied by each of the following— a copy of each resolution, or the order, for the amalgamation of schemes A and B; the community management statement intended to be recorded for the single, newly established, community titles scheme formed, or to be formed from the amalgamation ( scheme C ), showing the appropriate consents and notifications; if schemes A and B are lots included in another community titles scheme and the existing statement for the other scheme is not consistent with the amalgamation of schemes A and B—a new community management statement for the other scheme; any other instrument required under this Act.\n- (a) signed by or for the body corporate for scheme A or scheme B; and\n- (b) lodged by or for— (i) the bodies corporate for schemes A and B; or (ii) if the District Court made an order under the BCCM Act , section 85 (3) , for amalgamating the schemes—a person on whose application the court made the order.\n- (i) the bodies corporate for schemes A and B; or\n- (ii) if the District Court made an order under the BCCM Act , section 85 (3) , for amalgamating the schemes—a person on whose application the court made the order.\n- (i) the bodies corporate for schemes A and B; or\n- (ii) if the District Court made an order under the BCCM Act , section 85 (3) , for amalgamating the schemes—a person on whose application the court made the order.\n- (a) a copy of each resolution, or the order, for the amalgamation of schemes A and B;\n- (b) the community management statement intended to be recorded for the single, newly established, community titles scheme formed, or to be formed from the amalgamation ( scheme C ), showing the appropriate consents and notifications;\n- (c) if schemes A and B are lots included in another community titles scheme and the existing statement for the other scheme is not consistent with the amalgamation of schemes A and B—a new community management statement for the other scheme;\n- (d) any other instrument required under this Act.","sortOrder":256},{"sectionNumber":"sec.115X","sectionType":"section","heading":"Recording amalgamation of schemes","content":"### sec.115X Recording amalgamation of schemes\n\nIf the request to record the amalgamation of schemes A and B complies with the BCCM Act (including with an order of the District Court made under that Act about the amalgamation), the registrar must—\nrecord the cancellation of the community management statements for schemes A and B; and\nrecord the community management statement for scheme C and any other community management statement accompanying the request; and\nregister the amalgamation in the freehold land register.\nThe amalgamation takes effect when the registrar completes the action mentioned in subsection (1) .\ns 115X ins 2003 No. 6 s 152\n(sec.115X-ssec.1) If the request to record the amalgamation of schemes A and B complies with the BCCM Act (including with an order of the District Court made under that Act about the amalgamation), the registrar must— record the cancellation of the community management statements for schemes A and B; and record the community management statement for scheme C and any other community management statement accompanying the request; and register the amalgamation in the freehold land register.\n(sec.115X-ssec.2) The amalgamation takes effect when the registrar completes the action mentioned in subsection (1) .\n- (a) record the cancellation of the community management statements for schemes A and B; and\n- (b) record the community management statement for scheme C and any other community management statement accompanying the request; and\n- (c) register the amalgamation in the freehold land register.","sortOrder":257},{"sectionNumber":"pt.6A-div.9","sectionType":"division","heading":"Creating a layered arrangement of community titles schemes from basic schemes","content":"## Creating a layered arrangement of community titles schemes from basic schemes","sortOrder":258},{"sectionNumber":"sec.115Y","sectionType":"section","heading":"Request to record creation of layered arrangement","content":"### sec.115Y Request to record creation of layered arrangement\n\nA request to record the creation of a layered arrangement of community titles schemes from 2 or more basic schemes ( scheme A and scheme B ) must be lodged.\nThe request must be—\nsigned by or for the body corporate for scheme A or scheme B; and\nlodged by or for—\nthe bodies corporate for schemes A and B; or\nif the District Court made an order under the BCCM Act , section 91 (2) , for creating the layered arrangement—a person on whose application the court made the order.\nThe request must be accompanied by each of the following—\na copy of each resolution, or the order, for the creation of the layered arrangement;\nthe community management statements intended to be recorded for schemes A and B and the principal scheme in the layered arrangement, showing the body corporate consents required under the BCCM Act , section 62 and the community management statement notations required under that Act, section 60 ;\nnew community management statements for schemes A and B if the statements will no longer be accurate after the layered arrangement is created;\nany other instrument required under this Act.\ns 115Y ins 2003 No. 6 s 152\namd 2004 No. 4 s 57 sch\n(sec.115Y-ssec.1) A request to record the creation of a layered arrangement of community titles schemes from 2 or more basic schemes ( scheme A and scheme B ) must be lodged.\n(sec.115Y-ssec.2) The request must be— signed by or for the body corporate for scheme A or scheme B; and lodged by or for— the bodies corporate for schemes A and B; or if the District Court made an order under the BCCM Act , section 91 (2) , for creating the layered arrangement—a person on whose application the court made the order.\n(sec.115Y-ssec.3) The request must be accompanied by each of the following— a copy of each resolution, or the order, for the creation of the layered arrangement; the community management statements intended to be recorded for schemes A and B and the principal scheme in the layered arrangement, showing the body corporate consents required under the BCCM Act , section 62 and the community management statement notations required under that Act, section 60 ; new community management statements for schemes A and B if the statements will no longer be accurate after the layered arrangement is created; any other instrument required under this Act.\n- (a) signed by or for the body corporate for scheme A or scheme B; and\n- (b) lodged by or for— (i) the bodies corporate for schemes A and B; or (ii) if the District Court made an order under the BCCM Act , section 91 (2) , for creating the layered arrangement—a person on whose application the court made the order.\n- (i) the bodies corporate for schemes A and B; or\n- (ii) if the District Court made an order under the BCCM Act , section 91 (2) , for creating the layered arrangement—a person on whose application the court made the order.\n- (i) the bodies corporate for schemes A and B; or\n- (ii) if the District Court made an order under the BCCM Act , section 91 (2) , for creating the layered arrangement—a person on whose application the court made the order.\n- (a) a copy of each resolution, or the order, for the creation of the layered arrangement;\n- (b) the community management statements intended to be recorded for schemes A and B and the principal scheme in the layered arrangement, showing the body corporate consents required under the BCCM Act , section 62 and the community management statement notations required under that Act, section 60 ;\n- (c) new community management statements for schemes A and B if the statements will no longer be accurate after the layered arrangement is created;\n- (d) any other instrument required under this Act.","sortOrder":259},{"sectionNumber":"sec.115Z","sectionType":"section","heading":"Recording creation of layered arrangement","content":"### sec.115Z Recording creation of layered arrangement\n\nIf the request to record the creation of the layered arrangement complies with the BCCM Act (including with an order of the District Court made under that Act about the layered arrangement), the registrar must—\nrecord the community management statement for the principal scheme in the layered arrangement and any other community management statement accompanying the request; and\nregister any instrument required, under this Act, to be registered for the layered arrangement.\nThe creation of the layered arrangement takes effect when the registrar completes the action mentioned in subsection (1) .\ns 115Z ins 2003 No. 6 s 152\n(sec.115Z-ssec.1) If the request to record the creation of the layered arrangement complies with the BCCM Act (including with an order of the District Court made under that Act about the layered arrangement), the registrar must— record the community management statement for the principal scheme in the layered arrangement and any other community management statement accompanying the request; and register any instrument required, under this Act, to be registered for the layered arrangement.\n(sec.115Z-ssec.2) The creation of the layered arrangement takes effect when the registrar completes the action mentioned in subsection (1) .\n- (a) record the community management statement for the principal scheme in the layered arrangement and any other community management statement accompanying the request; and\n- (b) register any instrument required, under this Act, to be registered for the layered arrangement.","sortOrder":260},{"sectionNumber":"pt.7","sectionType":"part","heading":"Other dealings","content":"# Other dealings","sortOrder":261},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Writs of execution","content":"## Writs of execution","sortOrder":262},{"sectionNumber":"sec.116","sectionType":"section","heading":"Registering a writ of execution","content":"### sec.116 Registering a writ of execution\n\nThe registrar may register a writ of execution only if a request to register it, and an office copy of it, is lodged.","sortOrder":263},{"sectionNumber":"sec.117","sectionType":"section","heading":"Effect of registering a writ of execution","content":"### sec.117 Effect of registering a writ of execution\n\nFor purchasers, lessees, mortgagees and creditors, a writ of execution—\ncan not, until registered, bind or affect registered lots, whether or not there is actual or constructive notice of the writ; and\nbinds or affects registered lots only if the writ is executed and put in force within—\n6 months of its lodgement; or\nthe extended time allowed by the court where the writ is filed and notified to the registrar.\n- (a) can not, until registered, bind or affect registered lots, whether or not there is actual or constructive notice of the writ; and\n- (b) binds or affects registered lots only if the writ is executed and put in force within— (i) 6 months of its lodgement; or (ii) the extended time allowed by the court where the writ is filed and notified to the registrar.\n- (i) 6 months of its lodgement; or\n- (ii) the extended time allowed by the court where the writ is filed and notified to the registrar.\n- (i) 6 months of its lodgement; or\n- (ii) the extended time allowed by the court where the writ is filed and notified to the registrar.","sortOrder":264},{"sectionNumber":"sec.118","sectionType":"section","heading":"Cancellation of registration","content":"### sec.118 Cancellation of registration\n\nRegistration of a writ of execution may be cancelled if—\na request to cancel it is lodged; and\nthe registrar is satisfied that the time, or extended time, for executing and putting the writ into force has ended.\n- (a) a request to cancel it is lodged; and\n- (b) the registrar is satisfied that the time, or extended time, for executing and putting the writ into force has ended.","sortOrder":265},{"sectionNumber":"sec.119","sectionType":"section","heading":"Discharging or satisfying writ of execution","content":"### sec.119 Discharging or satisfying writ of execution\n\nDischarge or satisfaction of a writ of execution may be registered if a request to register it is lodged.","sortOrder":266},{"sectionNumber":"sec.120","sectionType":"section","heading":"Transfer of lots sold in execution","content":"### sec.120 Transfer of lots sold in execution\n\nIf a lot is sold under a registered writ of execution, the sheriff, registrar or clerk of the court of the relevant court may execute an instrument of transfer to the purchaser.\nOn registration of the transfer, the transferee becomes the registered owner of the lot subject to—\nregistered interests; and\nequitable mortgages notified by caveat lodged before registration of the writ of execution.\n(sec.120-ssec.1) If a lot is sold under a registered writ of execution, the sheriff, registrar or clerk of the court of the relevant court may execute an instrument of transfer to the purchaser.\n(sec.120-ssec.2) On registration of the transfer, the transferee becomes the registered owner of the lot subject to— registered interests; and equitable mortgages notified by caveat lodged before registration of the writ of execution.\n- (a) registered interests; and\n- (b) equitable mortgages notified by caveat lodged before registration of the writ of execution.","sortOrder":267},{"sectionNumber":"sec.120A","sectionType":"section","heading":"Effect on writ of execution of transfer after sale by mortgagee","content":"### sec.120A Effect on writ of execution of transfer after sale by mortgagee\n\nSubsection (2) applies if—\na mortgage is registered over a lot; and\na writ of execution is later registered in relation to the lot.\nIf the mortgagee of the lot signs a transfer of the lot after exercising power of sale under the mortgage—\nregistration of the writ of execution does not prevent registration of the transfer; and\non registration of the transfer, the registrar must cancel registration of the writ of execution.\ns 120A ins 2001 No. 33 s 31\n(sec.120A-ssec.1) Subsection (2) applies if— a mortgage is registered over a lot; and a writ of execution is later registered in relation to the lot.\n(sec.120A-ssec.2) If the mortgagee of the lot signs a transfer of the lot after exercising power of sale under the mortgage— registration of the writ of execution does not prevent registration of the transfer; and on registration of the transfer, the registrar must cancel registration of the writ of execution.\n- (a) a mortgage is registered over a lot; and\n- (b) a writ of execution is later registered in relation to the lot.\n- (a) registration of the writ of execution does not prevent registration of the transfer; and\n- (b) on registration of the transfer, the registrar must cancel registration of the writ of execution.","sortOrder":268},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Caveats","content":"## Caveats","sortOrder":269},{"sectionNumber":"sec.121","sectionType":"section","heading":"Requirements of caveats","content":"### sec.121 Requirements of caveats\n\nA caveat must be signed by or for the caveator.\nThe caveat must state—\nthe name of the caveator; and\nan address where documents can be served on the caveator; and\nunless the registrar dispenses with it, the name and address of—\nthe registered proprietor of the lot affected by the caveat; and\neach other person whose interest or whose right to registration of an instrument is affected by the caveat; and\nthe registered interest affected by the caveat; and\nif the caveat relates to only a part of a lot—a description of the affected part; and\nthe interest claimed by the caveator; and\nthe grounds on which the interest is claimed.\nWithout limiting subsection (2) (b) , the address stated may be the address of a stated legal practitioner.\nThis section applies to all caveats under this Act other than a caveat prepared and registered by the registrar under section 17 .\ns 121 amd 2005 No. 68 s 91 ; 2019 No. 7 s 230\n(sec.121-ssec.1) A caveat must be signed by or for the caveator.\n(sec.121-ssec.2) The caveat must state— the name of the caveator; and an address where documents can be served on the caveator; and unless the registrar dispenses with it, the name and address of— the registered proprietor of the lot affected by the caveat; and each other person whose interest or whose right to registration of an instrument is affected by the caveat; and the registered interest affected by the caveat; and if the caveat relates to only a part of a lot—a description of the affected part; and the interest claimed by the caveator; and the grounds on which the interest is claimed.\n(sec.121-ssec.2A) Without limiting subsection (2) (b) , the address stated may be the address of a stated legal practitioner.\n(sec.121-ssec.3) This section applies to all caveats under this Act other than a caveat prepared and registered by the registrar under section 17 .\n- (a) the name of the caveator; and\n- (b) an address where documents can be served on the caveator; and\n- (c) unless the registrar dispenses with it, the name and address of— (i) the registered proprietor of the lot affected by the caveat; and (ii) each other person whose interest or whose right to registration of an instrument is affected by the caveat; and\n- (i) the registered proprietor of the lot affected by the caveat; and\n- (ii) each other person whose interest or whose right to registration of an instrument is affected by the caveat; and\n- (d) the registered interest affected by the caveat; and\n- (e) if the caveat relates to only a part of a lot—a description of the affected part; and\n- (f) the interest claimed by the caveator; and\n- (g) the grounds on which the interest is claimed.\n- (i) the registered proprietor of the lot affected by the caveat; and\n- (ii) each other person whose interest or whose right to registration of an instrument is affected by the caveat; and","sortOrder":270},{"sectionNumber":"sec.122","sectionType":"section","heading":"Lodging a caveat","content":"### sec.122 Lodging a caveat\n\nA caveat may be lodged by any of the following—\na person claiming an interest in a lot;\nthe registrar under section 17 ;\nthe registered owner of the lot;\na person to whom an Australian court has ordered that an interest in a lot be transferred;\na person who has the benefit of a subsisting order of an Australian court in restraining a registered proprietor from dealing with a lot.\nHowever a caveat may only be lodged by an equitable mortgagee if it is a caveat to which section 126 applies.\nTo remove any doubt, it is declared that an interest in a lot does not include an interest in a proposed lot under the Land Sales Act 1984 that a person obtains by agreeing to buy the lot under a contract for the sale of the lot.\ns 122 amd 1994 No. 33 s 11 (retro); 1997 No. 40 s 30 ; 2001 No. 57 s 7 ; 2014 No. 46 s 75 sch 1\n(sec.122-ssec.1) A caveat may be lodged by any of the following— a person claiming an interest in a lot; the registrar under section 17 ; the registered owner of the lot; a person to whom an Australian court has ordered that an interest in a lot be transferred; a person who has the benefit of a subsisting order of an Australian court in restraining a registered proprietor from dealing with a lot.\n(sec.122-ssec.2) However a caveat may only be lodged by an equitable mortgagee if it is a caveat to which section 126 applies.\n(sec.122-ssec.3) To remove any doubt, it is declared that an interest in a lot does not include an interest in a proposed lot under the Land Sales Act 1984 that a person obtains by agreeing to buy the lot under a contract for the sale of the lot.\n- (a) a person claiming an interest in a lot;\n- (b) the registrar under section 17 ;\n- (c) the registered owner of the lot;\n- (d) a person to whom an Australian court has ordered that an interest in a lot be transferred;\n- (e) a person who has the benefit of a subsisting order of an Australian court in restraining a registered proprietor from dealing with a lot.","sortOrder":271},{"sectionNumber":"sec.123","sectionType":"section","heading":"Notifying caveat","content":"### sec.123 Notifying caveat\n\nThe registrar must give written notice of the lodgement of a caveat to each person mentioned in section 121 (2) (c) (i) and (ii) .\ns 123 sub 2019 No. 7 s 231","sortOrder":272},{"sectionNumber":"sec.124","sectionType":"section","heading":"Effect of lodging caveat","content":"### sec.124 Effect of lodging caveat\n\nA caveat prevents registration of an instrument affecting the lot over which the caveat is lodged from the date and time endorsed by the registrar on the caveat as the caveat’s date and time of lodgement.\nSubsection (1) has effect for a caveat until the caveat lapses or is cancelled, rejected, removed or withdrawn.\nHowever, lodgement of a caveat does not prevent registration of the following—\nan instrument specified in the caveat as an instrument to which the caveat does not apply;\nan instrument if the caveator consents to its registration;\nan instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if—\nthe mortgagee has power under the mortgage to execute the instrument; and\nthe caveator claims an interest in the lot as security for the payment of money or money’s worth;\nan instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat;\nif the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —an instrument for a dealing other than a dealing restrained by the order;\nA caveat lodged by a person who has the benefit of an order mentioned in section 122 (1) (e) restrains the registered owner of a lot from transferring or mortgaging the lot. The lodgement of the caveat does not prevent registration of an instrument of lease for the lot.\nanother interest that, if registered, will not affect the interest claimed by the caveator.\nThe exceptions mentioned in subsection (2) (c) and (d) do not apply to a caveat lodged by the registrar.\nThe exception in subsection (2) (d) does not apply to a caveat lodged by the registered owner.\nLodgement of a caveat does not create in the caveator a registrable interest in the lot affected by the caveat.\ns 124 amd 1997 No. 28 s 295 sch 3 ; 2001 No. 33 s 32 ; 2019 No. 7 s 232\n(sec.124-ssec.1) A caveat prevents registration of an instrument affecting the lot over which the caveat is lodged from the date and time endorsed by the registrar on the caveat as the caveat’s date and time of lodgement.\n(sec.124-ssec.1A) Subsection (1) has effect for a caveat until the caveat lapses or is cancelled, rejected, removed or withdrawn.\n(sec.124-ssec.2) However, lodgement of a caveat does not prevent registration of the following— an instrument specified in the caveat as an instrument to which the caveat does not apply; an instrument if the caveator consents to its registration; an instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if— the mortgagee has power under the mortgage to execute the instrument; and the caveator claims an interest in the lot as security for the payment of money or money’s worth; an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat; if the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —an instrument for a dealing other than a dealing restrained by the order; A caveat lodged by a person who has the benefit of an order mentioned in section 122 (1) (e) restrains the registered owner of a lot from transferring or mortgaging the lot. The lodgement of the caveat does not prevent registration of an instrument of lease for the lot. another interest that, if registered, will not affect the interest claimed by the caveator.\n(sec.124-ssec.3) The exceptions mentioned in subsection (2) (c) and (d) do not apply to a caveat lodged by the registrar.\n(sec.124-ssec.4) The exception in subsection (2) (d) does not apply to a caveat lodged by the registered owner.\n(sec.124-ssec.5) Lodgement of a caveat does not create in the caveator a registrable interest in the lot affected by the caveat.\n- (a) an instrument specified in the caveat as an instrument to which the caveat does not apply;\n- (b) an instrument if the caveator consents to its registration;\n- (c) an instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if— (i) the mortgagee has power under the mortgage to execute the instrument; and (ii) the caveator claims an interest in the lot as security for the payment of money or money’s worth;\n- (i) the mortgagee has power under the mortgage to execute the instrument; and\n- (ii) the caveator claims an interest in the lot as security for the payment of money or money’s worth;\n- (d) an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat;\n- (e) if the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —an instrument for a dealing other than a dealing restrained by the order; Example— A caveat lodged by a person who has the benefit of an order mentioned in section 122 (1) (e) restrains the registered owner of a lot from transferring or mortgaging the lot. The lodgement of the caveat does not prevent registration of an instrument of lease for the lot.\n- (f) another interest that, if registered, will not affect the interest claimed by the caveator.\n- (i) the mortgagee has power under the mortgage to execute the instrument; and\n- (ii) the caveator claims an interest in the lot as security for the payment of money or money’s worth;","sortOrder":273},{"sectionNumber":"sec.125","sectionType":"section","heading":"Withdrawing a caveat","content":"### sec.125 Withdrawing a caveat\n\nA caveator may withdraw a caveat by lodging a request to withdraw it.","sortOrder":274},{"sectionNumber":"sec.126","sectionType":"section","heading":"Lapsing of caveat","content":"### sec.126 Lapsing of caveat\n\nThis section does not apply to a caveat if—\nit is lodged by the registered owner; or\nthe consent of the registered owner, in the appropriate form, is deposited when the caveat is lodged; or\nan office copy of a court order mentioned in section 122 (1) (d) or (e) is deposited when the caveat is lodged; or\nit is lodged by the registrar under section 17 ; or\nit is lodged other than under this division.\nHowever, this section applies to a caveat lodged by the registered owner of a lot if—\nthe lot is subject to a mortgage; and\nthe grounds stated in the caveat relate to the actions of the mortgagee in relation to—\nif the mortgage is registered—registration of the mortgage; or\nthe mortgagee’s power of sale.\nThe caveatee of a caveat to which this section applies—\nmay serve on the caveator a notice requiring the caveator to start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat; and\nSee section 131 in relation to the service of notices on the caveator.\nif the caveatee serves a notice under paragraph (a) —must, within 14 days after the notice is served, deposit an instrument notifying the registrar of the service of the notice.\nIf a caveator does not want a caveat to which this section applies to lapse, the caveator must—\nstart a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat—\nif the caveatee has served a notice under subsection (2) (a) on the caveator and has complied with subsection (2) (b) —within 14 days after the notice is served on the caveator; or\notherwise—within 3 months after the lodgement of the caveat; and\nnotify the registrar, by depositing an instrument, within the 14 days or the 3 months that a proceeding has been started and identify the proceeding.\nIf the caveator does not comply with subsection (4) , the caveat lapses.\nThe caveator is taken to have complied with subsection (4) (a) if, before the caveat was lodged—\na proceeding has been started in a court of competent jurisdiction to establish the interest claimed under the caveat; and\nthe proceeding has not been decided, discontinued or withdrawn.\nThe registrar may remove a caveat that has lapsed from the freehold land register.\ns 126 amd 1997 No. 28 s 295 sch 3 ; 2001 No. 57 s 7 ; 2013 No. 23 s 133 ; 2017 No. 10 s 35 ; 2019 No. 7 s 233\n(sec.126-ssec.1) This section does not apply to a caveat if— it is lodged by the registered owner; or the consent of the registered owner, in the appropriate form, is deposited when the caveat is lodged; or an office copy of a court order mentioned in section 122 (1) (d) or (e) is deposited when the caveat is lodged; or it is lodged by the registrar under section 17 ; or it is lodged other than under this division.\n(sec.126-ssec.1A) However, this section applies to a caveat lodged by the registered owner of a lot if— the lot is subject to a mortgage; and the grounds stated in the caveat relate to the actions of the mortgagee in relation to— if the mortgage is registered—registration of the mortgage; or the mortgagee’s power of sale.\n(sec.126-ssec.2) The caveatee of a caveat to which this section applies— may serve on the caveator a notice requiring the caveator to start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat; and See section 131 in relation to the service of notices on the caveator. if the caveatee serves a notice under paragraph (a) —must, within 14 days after the notice is served, deposit an instrument notifying the registrar of the service of the notice.\n(sec.126-ssec.4) If a caveator does not want a caveat to which this section applies to lapse, the caveator must— start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat— if the caveatee has served a notice under subsection (2) (a) on the caveator and has complied with subsection (2) (b) —within 14 days after the notice is served on the caveator; or otherwise—within 3 months after the lodgement of the caveat; and notify the registrar, by depositing an instrument, within the 14 days or the 3 months that a proceeding has been started and identify the proceeding.\n(sec.126-ssec.5) If the caveator does not comply with subsection (4) , the caveat lapses.\n(sec.126-ssec.6) The caveator is taken to have complied with subsection (4) (a) if, before the caveat was lodged— a proceeding has been started in a court of competent jurisdiction to establish the interest claimed under the caveat; and the proceeding has not been decided, discontinued or withdrawn.\n(sec.126-ssec.7) The registrar may remove a caveat that has lapsed from the freehold land register.\n- (a) it is lodged by the registered owner; or\n- (b) the consent of the registered owner, in the appropriate form, is deposited when the caveat is lodged; or\n- (c) an office copy of a court order mentioned in section 122 (1) (d) or (e) is deposited when the caveat is lodged; or\n- (d) it is lodged by the registrar under section 17 ; or\n- (e) it is lodged other than under this division.\n- (a) the lot is subject to a mortgage; and\n- (b) the grounds stated in the caveat relate to the actions of the mortgagee in relation to— (i) if the mortgage is registered—registration of the mortgage; or (ii) the mortgagee’s power of sale.\n- (i) if the mortgage is registered—registration of the mortgage; or\n- (ii) the mortgagee’s power of sale.\n- (i) if the mortgage is registered—registration of the mortgage; or\n- (ii) the mortgagee’s power of sale.\n- (a) may serve on the caveator a notice requiring the caveator to start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat; and Note— See section 131 in relation to the service of notices on the caveator.\n- (b) if the caveatee serves a notice under paragraph (a) —must, within 14 days after the notice is served, deposit an instrument notifying the registrar of the service of the notice.\n- (a) start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat— (i) if the caveatee has served a notice under subsection (2) (a) on the caveator and has complied with subsection (2) (b) —within 14 days after the notice is served on the caveator; or (ii) otherwise—within 3 months after the lodgement of the caveat; and\n- (i) if the caveatee has served a notice under subsection (2) (a) on the caveator and has complied with subsection (2) (b) —within 14 days after the notice is served on the caveator; or\n- (ii) otherwise—within 3 months after the lodgement of the caveat; and\n- (b) notify the registrar, by depositing an instrument, within the 14 days or the 3 months that a proceeding has been started and identify the proceeding.\n- (i) if the caveatee has served a notice under subsection (2) (a) on the caveator and has complied with subsection (2) (b) —within 14 days after the notice is served on the caveator; or\n- (ii) otherwise—within 3 months after the lodgement of the caveat; and\n- (a) a proceeding has been started in a court of competent jurisdiction to establish the interest claimed under the caveat; and\n- (b) the proceeding has not been decided, discontinued or withdrawn.","sortOrder":275},{"sectionNumber":"sec.127","sectionType":"section","heading":"Removing a caveat","content":"### sec.127 Removing a caveat\n\nA caveatee may at any time apply to the Supreme Court for an order that a caveat be removed.\nThe Supreme Court may make the order whether or not the caveator has been served with the application, and may make the order on the terms it considers appropriate.\n(sec.127-ssec.1) A caveatee may at any time apply to the Supreme Court for an order that a caveat be removed.\n(sec.127-ssec.2) The Supreme Court may make the order whether or not the caveator has been served with the application, and may make the order on the terms it considers appropriate.","sortOrder":276},{"sectionNumber":"sec.128","sectionType":"section","heading":"Cancelling a caveat","content":"### sec.128 Cancelling a caveat\n\nThe registrar may cancel a caveat if a request to cancel the caveat is lodged and the registrar is satisfied that—\nthe interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or\nthe claim of the caveator has been settled by agreement or otherwise satisfied; or\nthe nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged; or\nif the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —the proceeding in which the order was made has been discontinued or dismissed, or has otherwise ended.\nThe registrar must notify the caveator of the registrar’s intention to cancel the caveat at least 7 days before cancelling it.\nThe registrar may cancel a caveat immediately before registering an instrument that has been lodged if the instrument—\nwill, on registration, give full effect to an interest claimed in the caveat; or\nis an instrument of transfer and the registrar is satisfied section 124 (2) (c) applies to allow the registration of the instrument.\nAlso, the registrar may cancel a caveat lodged by a person who has the benefit of an order mentioned in section 122 (1) (e) if—\nan instrument for a dealing other than a dealing restrained by the order is registered; and\nbecause of the registration of the instrument, the order can have no further effect to restrain dealings by the person subject to the order.\ns 128 amd 2013 No. 23 s 134 ; 2019 No. 7 s 234\n(sec.128-ssec.1) The registrar may cancel a caveat if a request to cancel the caveat is lodged and the registrar is satisfied that— the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or the claim of the caveator has been settled by agreement or otherwise satisfied; or the nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged; or if the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —the proceeding in which the order was made has been discontinued or dismissed, or has otherwise ended.\n(sec.128-ssec.2) The registrar must notify the caveator of the registrar’s intention to cancel the caveat at least 7 days before cancelling it.\n(sec.128-ssec.3) The registrar may cancel a caveat immediately before registering an instrument that has been lodged if the instrument— will, on registration, give full effect to an interest claimed in the caveat; or is an instrument of transfer and the registrar is satisfied section 124 (2) (c) applies to allow the registration of the instrument.\n(sec.128-ssec.4) Also, the registrar may cancel a caveat lodged by a person who has the benefit of an order mentioned in section 122 (1) (e) if— an instrument for a dealing other than a dealing restrained by the order is registered; and because of the registration of the instrument, the order can have no further effect to restrain dealings by the person subject to the order.\n- (a) the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or\n- (b) the claim of the caveator has been settled by agreement or otherwise satisfied; or\n- (c) the nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged; or\n- (d) if the caveator is a person who has the benefit of an order mentioned in section 122 (1) (e) —the proceeding in which the order was made has been discontinued or dismissed, or has otherwise ended.\n- (a) will, on registration, give full effect to an interest claimed in the caveat; or\n- (b) is an instrument of transfer and the registrar is satisfied section 124 (2) (c) applies to allow the registration of the instrument.\n- (a) an instrument for a dealing other than a dealing restrained by the order is registered; and\n- (b) because of the registration of the instrument, the order can have no further effect to restrain dealings by the person subject to the order.","sortOrder":277},{"sectionNumber":"sec.129","sectionType":"section","heading":"Further caveat","content":"### sec.129 Further caveat\n\nThis section applies if a caveat (the original caveat ) is lodged in relation to an interest.\nA further caveat with the same caveator can never be lodged in relation to the interest on the same, or substantially the same, grounds as the grounds stated in the original caveat unless the leave of a court of competent jurisdiction to lodge the further caveat has been granted.\nHowever, subsection (2) does not apply if the original caveat is a caveat prepared and registered by the registrar under section 17 .\ns 129 amd 1997 No. 28 s 295 sch 3 ; 1997 No. 78 s 88\nsub 2005 No. 68 s 92\namd 2010 No. 12 s 192\n(sec.129-ssec.1) This section applies if a caveat (the original caveat ) is lodged in relation to an interest.\n(sec.129-ssec.2) A further caveat with the same caveator can never be lodged in relation to the interest on the same, or substantially the same, grounds as the grounds stated in the original caveat unless the leave of a court of competent jurisdiction to lodge the further caveat has been granted.\n(sec.129-ssec.3) However, subsection (2) does not apply if the original caveat is a caveat prepared and registered by the registrar under section 17 .","sortOrder":278},{"sectionNumber":"sec.130","sectionType":"section","heading":"Compensation for improper caveat","content":"### sec.130 Compensation for improper caveat\n\nThe caveator under a caveat lodged or continued without reasonable cause must compensate anyone else who suffers loss or damage as a result.\nIn a proceeding for compensation under subsection (1) , a court of competent jurisdiction may include in a judgment for compensation a component for exemplary damages.\nIn a proceeding for compensation under subsection (1) , it must be presumed that the caveat was lodged or continued without reasonable cause unless the caveator proves that it was lodged or continued with reasonable cause.\nSubsection (1) does not apply to the registrar in relation to a caveat prepared and registered under section 17 .\ns 130 amd 1997 No. 28 s 295 sch 3 ; 2010 No. 12 s 193 ; 2017 No. 10 s 35 ; 2017 No. 10 s 36\n(sec.130-ssec.1) The caveator under a caveat lodged or continued without reasonable cause must compensate anyone else who suffers loss or damage as a result.\n(sec.130-ssec.2) In a proceeding for compensation under subsection (1) , a court of competent jurisdiction may include in a judgment for compensation a component for exemplary damages.\n(sec.130-ssec.3) In a proceeding for compensation under subsection (1) , it must be presumed that the caveat was lodged or continued without reasonable cause unless the caveator proves that it was lodged or continued with reasonable cause.\n(sec.130-ssec.4) Subsection (1) does not apply to the registrar in relation to a caveat prepared and registered under section 17 .","sortOrder":279},{"sectionNumber":"sec.131","sectionType":"section","heading":"Notices to the caveator","content":"### sec.131 Notices to the caveator\n\nA notice to a caveator under this division is sufficiently served if left at or sent to the address mentioned in section 121 (2) (b) .\nIf the registrar is satisfied that a notice under this division will not reach the caveator if served in the way mentioned in subsection (1) , the notice may be served in a way specified in a written direction by the registrar.\nIf the registrar is informed in writing, and is satisfied, that the name or address of the caveator has changed, the registrar must note on the caveat details of the new name or address.\nA new name or address noted under subsection (3) becomes the name or address for service of a notice on the caveator.\ns 131 amd 2001 No. 57 s 7\n(sec.131-ssec.1) A notice to a caveator under this division is sufficiently served if left at or sent to the address mentioned in section 121 (2) (b) .\n(sec.131-ssec.2) If the registrar is satisfied that a notice under this division will not reach the caveator if served in the way mentioned in subsection (1) , the notice may be served in a way specified in a written direction by the registrar.\n(sec.131-ssec.3) If the registrar is informed in writing, and is satisfied, that the name or address of the caveator has changed, the registrar must note on the caveat details of the new name or address.\n(sec.131-ssec.4) A new name or address noted under subsection (3) becomes the name or address for service of a notice on the caveator.","sortOrder":280},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Powers of attorney and disabilities","content":"## Powers of attorney and disabilities","sortOrder":281},{"sectionNumber":"sec.132","sectionType":"section","heading":"Instrument not registered until power of attorney registered","content":"### sec.132 Instrument not registered until power of attorney registered\n\nAn instrument executed under the authority of a power of attorney may be registered only if the power of attorney is registered under this division.\ns 132 amd 1994 No. 33 s 12 (retro)\nsub 1997 No. 28 s 295 sch 3","sortOrder":282},{"sectionNumber":"sec.132A","sectionType":"section","heading":null,"content":"### Section sec.132A\n\ns 132A ins 1994 No. 81 s 527 sch 5\nom 1997 No. 28 s 295 sch 3","sortOrder":283},{"sectionNumber":"sec.133","sectionType":"section","heading":"Registering power of attorney","content":"### sec.133 Registering power of attorney\n\nThe registrar must keep a register of powers of attorney (the power of attorney register ).\nThe registrar may register a power of attorney by recording particulars of it in the power of attorney register if a request to register it is lodged and the power of attorney is deposited with the request.\nThe registrar must keep a copy of the registered power of attorney and return the power of attorney to the person who deposited it.\nIn this section—\npower of attorney includes a copy of a power of attorney that has been certified under the Powers of Attorney Act 1998 , section 14 or 45 .\ns 133 sub 1994 No. 81 s 527 sch 5\namd 2013 No. 23 s 135 ; 2019 No. 7 s 313 s ch 1 pt 1\n(sec.133-ssec.1) The registrar must keep a register of powers of attorney (the power of attorney register ).\n(sec.133-ssec.2) The registrar may register a power of attorney by recording particulars of it in the power of attorney register if a request to register it is lodged and the power of attorney is deposited with the request.\n(sec.133-ssec.3) The registrar must keep a copy of the registered power of attorney and return the power of attorney to the person who deposited it.\n(sec.133-ssec.4) In this section— power of attorney includes a copy of a power of attorney that has been certified under the Powers of Attorney Act 1998 , section 14 or 45 .","sortOrder":284},{"sectionNumber":"sec.134","sectionType":"section","heading":"Effect of registering a power of attorney","content":"### sec.134 Effect of registering a power of attorney\n\nAn act done by the donee under and in accordance with the terms of a registered power of attorney has the same effect as if the act were done by the donor.\nA registered power of attorney is evidence that the donee is authorised to do anything within the terms of the power of attorney.\nThe registrar may register an instrument executed under a registered power of attorney without being satisfied that the power of attorney has not been revoked.\nThe registrar must not register an instrument executed under a registered power of attorney if the instrument became effective after—\nregistration of an instrument of revocation or disclaimer of the power of attorney; or\nsomeone else is registered as owner of the relevant lot after the death or bankruptcy of the donor.\n(sec.134-ssec.1) An act done by the donee under and in accordance with the terms of a registered power of attorney has the same effect as if the act were done by the donor.\n(sec.134-ssec.2) A registered power of attorney is evidence that the donee is authorised to do anything within the terms of the power of attorney.\n(sec.134-ssec.3) The registrar may register an instrument executed under a registered power of attorney without being satisfied that the power of attorney has not been revoked.\n(sec.134-ssec.4) The registrar must not register an instrument executed under a registered power of attorney if the instrument became effective after— registration of an instrument of revocation or disclaimer of the power of attorney; or someone else is registered as owner of the relevant lot after the death or bankruptcy of the donor.\n- (a) registration of an instrument of revocation or disclaimer of the power of attorney; or\n- (b) someone else is registered as owner of the relevant lot after the death or bankruptcy of the donor.","sortOrder":285},{"sectionNumber":"sec.135","sectionType":"section","heading":"Revoking or disclaiming a power of attorney","content":"### sec.135 Revoking or disclaiming a power of attorney\n\nA registered power of attorney may be revoked by registering an instrument of revocation or disclaimer.\nThis section also applies to enduring powers of attorney.\ns 135 amd 1994 No. 33 s 13 (retro)\n(sec.135-ssec.1) A registered power of attorney may be revoked by registering an instrument of revocation or disclaimer.\n(sec.135-ssec.2) This section also applies to enduring powers of attorney.","sortOrder":286},{"sectionNumber":"sec.136","sectionType":"section","heading":"Act for a minor","content":"### sec.136 Act for a minor\n\nThis section applies if—\nthis Act requires or permits an act to be done by or in relation to a person (the relevant person ); and\nthe relevant person is a minor; and\nno person has authority under this or another Act to act for the relevant person for the act.\nA person suitably authorised by a court of competent jurisdiction may act for the relevant person for the act.\ns 136 prev s 136 om 2000 No. 8 s 263 sch 3\npres s 136 ins 2005 No. 68 s 93\n(sec.136-ssec.1) This section applies if— this Act requires or permits an act to be done by or in relation to a person (the relevant person ); and the relevant person is a minor; and no person has authority under this or another Act to act for the relevant person for the act.\n(sec.136-ssec.2) A person suitably authorised by a court of competent jurisdiction may act for the relevant person for the act.\n- (a) this Act requires or permits an act to be done by or in relation to a person (the relevant person ); and\n- (b) the relevant person is a minor; and\n- (c) no person has authority under this or another Act to act for the relevant person for the act.","sortOrder":287},{"sectionNumber":"sec.137","sectionType":"section","heading":"Act for other person lacking capacity","content":"### sec.137 Act for other person lacking capacity\n\nThis section applies if—\nthis Act requires or permits an act to be done by or in relation to a person (the relevant person ); and\nthe relevant person is not a minor; and\nthe relevant person does not have capacity for the act.\nSubject to the operation of the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 , a qualified person may act for the relevant person for the act.\nIn this section—\ncapacity , for the relevant person for the act, means the relevant person is capable of—\nunderstanding the nature and effect of decisions about the act; and\nfreely and voluntarily making decisions about the act; and\ncommunicating the decisions in some way.\nqualified person means—\nan administrator for the relevant person appointed under the Guardianship and Administration Act 2000 ; or\na person suitably authorised by the relevant person under an enduring power of attorney under the Powers of Attorney Act 1998 .\ns 137 sub 2005 No. 68 s 93\n(sec.137-ssec.1) This section applies if— this Act requires or permits an act to be done by or in relation to a person (the relevant person ); and the relevant person is not a minor; and the relevant person does not have capacity for the act.\n(sec.137-ssec.2) Subject to the operation of the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 , a qualified person may act for the relevant person for the act.\n(sec.137-ssec.3) In this section— capacity , for the relevant person for the act, means the relevant person is capable of— understanding the nature and effect of decisions about the act; and freely and voluntarily making decisions about the act; and communicating the decisions in some way. qualified person means— an administrator for the relevant person appointed under the Guardianship and Administration Act 2000 ; or a person suitably authorised by the relevant person under an enduring power of attorney under the Powers of Attorney Act 1998 .\n- (a) this Act requires or permits an act to be done by or in relation to a person (the relevant person ); and\n- (b) the relevant person is not a minor; and\n- (c) the relevant person does not have capacity for the act.\n- (a) understanding the nature and effect of decisions about the act; and\n- (b) freely and voluntarily making decisions about the act; and\n- (c) communicating the decisions in some way.\n- (a) an administrator for the relevant person appointed under the Guardianship and Administration Act 2000 ; or\n- (b) a person suitably authorised by the relevant person under an enduring power of attorney under the Powers of Attorney Act 1998 .","sortOrder":288},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Priority notices","content":"# Priority notices","sortOrder":289},{"sectionNumber":"sec.138","sectionType":"section","heading":"Definitions for part","content":"### sec.138 Definitions for part\n\nIn this part—\nextension request see section 141 (1) .\npriority notice see section 139 (1) .\nrelated instrument see section 139 (2) (d) (ii) .\nIn this part, a reference to an instrument includes a reference to a caveat.\ns 138 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\n(sec.138-ssec.1) In this part— extension request see section 141 (1) . priority notice see section 139 (1) . related instrument see section 139 (2) (d) (ii) .\n(sec.138-ssec.2) In this part, a reference to an instrument includes a reference to a caveat.","sortOrder":290},{"sectionNumber":"sec.139","sectionType":"section","heading":"Depositing priority notice","content":"### sec.139 Depositing priority notice\n\nA notice (a priority notice ) for a lot may be deposited by or for a person who is, or will be, a party to an instrument that—\nis to be lodged; and\nwill affect the lot or an interest in the lot.\nA priority notice must—\nbe in the appropriate form; and\nstate the person’s name; and\nbe signed by or for the person; and\nsufficiently describe—\nthe lot; and\neach instrument to which the notice relates (each a related instrument ); and\nstate the order in which the related instruments are intended to be lodged.\nThe related instruments must include the instrument mentioned in subsection (1) .\ns 139 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\n(sec.139-ssec.1) A notice (a priority notice ) for a lot may be deposited by or for a person who is, or will be, a party to an instrument that— is to be lodged; and will affect the lot or an interest in the lot.\n(sec.139-ssec.2) A priority notice must— be in the appropriate form; and state the person’s name; and be signed by or for the person; and sufficiently describe— the lot; and each instrument to which the notice relates (each a related instrument ); and state the order in which the related instruments are intended to be lodged.\n(sec.139-ssec.3) The related instruments must include the instrument mentioned in subsection (1) .\n- (a) is to be lodged; and\n- (b) will affect the lot or an interest in the lot.\n- (a) be in the appropriate form; and\n- (b) state the person’s name; and\n- (c) be signed by or for the person; and\n- (d) sufficiently describe— (i) the lot; and (ii) each instrument to which the notice relates (each a related instrument ); and\n- (i) the lot; and\n- (ii) each instrument to which the notice relates (each a related instrument ); and\n- (e) state the order in which the related instruments are intended to be lodged.\n- (i) the lot; and\n- (ii) each instrument to which the notice relates (each a related instrument ); and","sortOrder":291},{"sectionNumber":"sec.140","sectionType":"section","heading":"Effect of priority notice","content":"### sec.140 Effect of priority notice\n\nThe deposit of a priority notice for a lot prevents an instrument affecting the lot or an interest in the lot being registered until the notice lapses or is withdrawn, removed or cancelled.\nHowever, the priority notice does not prevent registration of—\nan instrument if the person for whom the notice was deposited consents to its registration; or\nan instrument of transfer or release of mortgage executed by a mortgagee whose interest was registered before the notice was deposited; or\nan instrument lodged before the notice was deposited; or\na related instrument that is lodged in the order stated in the notice; or\na caveat; or\nanother instrument that, if registered, would not affect an interest the subject of the notice.\nAlso, the priority notice (the current notice ) does not prevent the registration of an instrument to which another priority notice for the lot (the earlier notice ) relates if—\nthe earlier notice was deposited before the current notice; and\nthe earlier notice has not lapsed or been withdrawn, removed or cancelled.\ns 140 ins 1994 No. 81 s 526 sch 4\namd 2013 No. 23 s 352 s ch 1 pt 1\nsub 2017 No. 10 s 39\namd 2019 No. 17 s 58\n(sec.140-ssec.1) The deposit of a priority notice for a lot prevents an instrument affecting the lot or an interest in the lot being registered until the notice lapses or is withdrawn, removed or cancelled.\n(sec.140-ssec.2) However, the priority notice does not prevent registration of— an instrument if the person for whom the notice was deposited consents to its registration; or an instrument of transfer or release of mortgage executed by a mortgagee whose interest was registered before the notice was deposited; or an instrument lodged before the notice was deposited; or a related instrument that is lodged in the order stated in the notice; or a caveat; or another instrument that, if registered, would not affect an interest the subject of the notice.\n(sec.140-ssec.3) Also, the priority notice (the current notice ) does not prevent the registration of an instrument to which another priority notice for the lot (the earlier notice ) relates if— the earlier notice was deposited before the current notice; and the earlier notice has not lapsed or been withdrawn, removed or cancelled.\n- (a) an instrument if the person for whom the notice was deposited consents to its registration; or\n- (b) an instrument of transfer or release of mortgage executed by a mortgagee whose interest was registered before the notice was deposited; or\n- (c) an instrument lodged before the notice was deposited; or\n- (d) a related instrument that is lodged in the order stated in the notice; or\n- (e) a caveat; or\n- (f) another instrument that, if registered, would not affect an interest the subject of the notice.\n- (a) the earlier notice was deposited before the current notice; and\n- (b) the earlier notice has not lapsed or been withdrawn, removed or cancelled.","sortOrder":292},{"sectionNumber":"sec.141","sectionType":"section","heading":"Extending priority notice","content":"### sec.141 Extending priority notice\n\nA priority notice may be extended for 30 days by depositing a request (an extension request ) to extend the notice.\nAn extension request must be—\nin the appropriate form; and\nsigned by or for the person for whom the priority notice was deposited; and\ndeposited within 60 days after the priority notice was deposited.\nOnly 1 extension request may be deposited for a priority notice.\nThe deposit of an extension request continues the effect of the priority notice under section 140 .\ns 141 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\n(sec.141-ssec.1) A priority notice may be extended for 30 days by depositing a request (an extension request ) to extend the notice.\n(sec.141-ssec.2) An extension request must be— in the appropriate form; and signed by or for the person for whom the priority notice was deposited; and deposited within 60 days after the priority notice was deposited.\n(sec.141-ssec.3) Only 1 extension request may be deposited for a priority notice.\n(sec.141-ssec.4) The deposit of an extension request continues the effect of the priority notice under section 140 .\n- (a) in the appropriate form; and\n- (b) signed by or for the person for whom the priority notice was deposited; and\n- (c) deposited within 60 days after the priority notice was deposited.","sortOrder":293},{"sectionNumber":"sec.142","sectionType":"section","heading":"Lapsing of priority notice","content":"### sec.142 Lapsing of priority notice\n\nA priority notice lapses on the earliest of the following days—\neither—\nif an extension request for the notice has been deposited under section 141 —the day that is 90 days after the notice was deposited; or\notherwise—the day that is 60 days after the notice was deposited;\nthe day when all related instruments have been registered in the order stated in the notice.\ns 142 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\namd 2019 No. 17 s 59\n- (a) either— (i) if an extension request for the notice has been deposited under section 141 —the day that is 90 days after the notice was deposited; or (ii) otherwise—the day that is 60 days after the notice was deposited;\n- (i) if an extension request for the notice has been deposited under section 141 —the day that is 90 days after the notice was deposited; or\n- (ii) otherwise—the day that is 60 days after the notice was deposited;\n- (b) the day when all related instruments have been registered in the order stated in the notice.\n- (i) if an extension request for the notice has been deposited under section 141 —the day that is 90 days after the notice was deposited; or\n- (ii) otherwise—the day that is 60 days after the notice was deposited;","sortOrder":294},{"sectionNumber":"sec.143","sectionType":"section","heading":"Withdrawing priority notice","content":"### sec.143 Withdrawing priority notice\n\nA priority notice may be withdrawn by depositing a request to withdraw the notice.\nThe request must be—\nin the appropriate form; and\nsigned by or for the person for whom the priority notice was deposited.\ns 143 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\n(sec.143-ssec.1) A priority notice may be withdrawn by depositing a request to withdraw the notice.\n(sec.143-ssec.2) The request must be— in the appropriate form; and signed by or for the person for whom the priority notice was deposited.\n- (a) in the appropriate form; and\n- (b) signed by or for the person for whom the priority notice was deposited.","sortOrder":295},{"sectionNumber":"sec.144","sectionType":"section","heading":"Removing priority notice","content":"### sec.144 Removing priority notice\n\nAn affected person for a lot may, at any time, apply to the Supreme Court for an order that a priority notice for the lot be removed.\nThe Supreme Court may make the order—\nwhether or not the person for whom the priority notice was deposited has been served with the application; and\non the terms the court considers appropriate.\nIn this section—\naffected person , for a lot the subject of a priority notice, means a person, other than the person for whom the priority notice was deposited, who—\nis a registered proprietor of the lot; or\nhas another interest in the lot.\ns 144 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\n(sec.144-ssec.1) An affected person for a lot may, at any time, apply to the Supreme Court for an order that a priority notice for the lot be removed.\n(sec.144-ssec.2) The Supreme Court may make the order— whether or not the person for whom the priority notice was deposited has been served with the application; and on the terms the court considers appropriate.\n(sec.144-ssec.3) In this section— affected person , for a lot the subject of a priority notice, means a person, other than the person for whom the priority notice was deposited, who— is a registered proprietor of the lot; or has another interest in the lot.\n- (a) whether or not the person for whom the priority notice was deposited has been served with the application; and\n- (b) on the terms the court considers appropriate.\n- (a) is a registered proprietor of the lot; or\n- (b) has another interest in the lot.","sortOrder":296},{"sectionNumber":"sec.145","sectionType":"section","heading":"Cancelling priority notice","content":"### sec.145 Cancelling priority notice\n\nThe registrar may cancel a priority notice for a lot if—\na request to cancel the notice is deposited; and\nthe registrar is satisfied it is unlikely the related instruments for the notice will be lodged before the notice lapses.\nThe registrar must give written notice of the registrar’s intention to cancel the priority notice to the person for whom the priority notice was deposited at least 7 days before cancelling the notice.\nThe registrar may give the notice by leaving it at, or sending it to, the address stated in the notice for the person who deposited the notice.\ns 145 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\n(sec.145-ssec.1) The registrar may cancel a priority notice for a lot if— a request to cancel the notice is deposited; and the registrar is satisfied it is unlikely the related instruments for the notice will be lodged before the notice lapses.\n(sec.145-ssec.2) The registrar must give written notice of the registrar’s intention to cancel the priority notice to the person for whom the priority notice was deposited at least 7 days before cancelling the notice.\n(sec.145-ssec.3) The registrar may give the notice by leaving it at, or sending it to, the address stated in the notice for the person who deposited the notice.\n- (a) a request to cancel the notice is deposited; and\n- (b) the registrar is satisfied it is unlikely the related instruments for the notice will be lodged before the notice lapses.","sortOrder":297},{"sectionNumber":"sec.146","sectionType":"section","heading":"Compensation for improper priority notice","content":"### sec.146 Compensation for improper priority notice\n\nThis section applies if, without reasonable cause—\na priority notice is deposited or extended; or\na priority notice is not withdrawn after it is no longer needed to prevent the registration of an instrument.\nThe person for whom the priority notice was deposited must compensate another person who suffers loss or damage because of the deposit or extension of the notice, or the failure to withdraw the notice.\nIn a proceeding for compensation under subsection (2) —\nthe Supreme Court may include a component for exemplary damages in a judgment for compensation; and\nproof there was reasonable cause to deposit or extend the priority notice, or not to withdraw the notice after it was no longer needed to prevent the registration of an instrument, rests on the person for whom the notice was deposited.\ns 146 sub 2005 No. 68 s 94 ; 2017 No. 10 s 39\n(sec.146-ssec.1) This section applies if, without reasonable cause— a priority notice is deposited or extended; or a priority notice is not withdrawn after it is no longer needed to prevent the registration of an instrument.\n(sec.146-ssec.2) The person for whom the priority notice was deposited must compensate another person who suffers loss or damage because of the deposit or extension of the notice, or the failure to withdraw the notice.\n(sec.146-ssec.3) In a proceeding for compensation under subsection (2) — the Supreme Court may include a component for exemplary damages in a judgment for compensation; and proof there was reasonable cause to deposit or extend the priority notice, or not to withdraw the notice after it was no longer needed to prevent the registration of an instrument, rests on the person for whom the notice was deposited.\n- (a) a priority notice is deposited or extended; or\n- (b) a priority notice is not withdrawn after it is no longer needed to prevent the registration of an instrument.\n- (a) the Supreme Court may include a component for exemplary damages in a judgment for compensation; and\n- (b) proof there was reasonable cause to deposit or extend the priority notice, or not to withdraw the notice after it was no longer needed to prevent the registration of an instrument, rests on the person for whom the notice was deposited.","sortOrder":298},{"sectionNumber":"sec.147","sectionType":"section","heading":"Registrar may withdraw instrument","content":"### sec.147 Registrar may withdraw instrument\n\nThe registrar may withdraw an instrument that has been lodged but prevented from being registered by a priority notice.\nThe registrar must give written notice of the registrar’s intention to withdraw the instrument to the person who lodged the instrument at least 14 days before withdrawing the instrument.\ns 147 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\n(sec.147-ssec.1) The registrar may withdraw an instrument that has been lodged but prevented from being registered by a priority notice.\n(sec.147-ssec.2) The registrar must give written notice of the registrar’s intention to withdraw the instrument to the person who lodged the instrument at least 14 days before withdrawing the instrument.","sortOrder":299},{"sectionNumber":"sec.148","sectionType":"section","heading":"Priority of instruments","content":"### sec.148 Priority of instruments\n\nInstruments lodged, but prevented from being registered by a priority notice, are taken to have been lodged (in the order in which they were lodged) immediately after lodgement of the related instruments for the notice.\nThis section does not apply to an instrument withdrawn by the registrar under section 147 .\ns 148 ins 1994 No. 81 s 526 sch 4\nsub 2017 No. 10 s 39\namd 2019 No. 17 s 60\n(sec.148-ssec.1) Instruments lodged, but prevented from being registered by a priority notice, are taken to have been lodged (in the order in which they were lodged) immediately after lodgement of the related instruments for the notice.\n(sec.148-ssec.2) This section does not apply to an instrument withdrawn by the registrar under section 147 .","sortOrder":300},{"sectionNumber":"sec.149","sectionType":"section","heading":"Minor correction of priority notice","content":"### sec.149 Minor correction of priority notice\n\nThis section applies if the registrar receives a written request to correct a priority notice from, or on behalf of, the person for whom the priority notice was deposited.\nThe registrar may make the correction if the registrar is satisfied the correction is minor.\ns 149 ins 1994 No. 81 s 526 sch 4\namd 2013 No. 23 s 352 s ch 1 pt 1 ; 2014 No. 29 s 112\nsub 2017 No. 10 s 39\n(sec.149-ssec.1) This section applies if the registrar receives a written request to correct a priority notice from, or on behalf of, the person for whom the priority notice was deposited.\n(sec.149-ssec.2) The registrar may make the correction if the registrar is satisfied the correction is minor.","sortOrder":301},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 ins 1994 No. 81 s 526 sch 4\nom 2017 No. 10 s 39","sortOrder":302},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 ins 1994 No. 81 s 526 sch 4\namd 2013 No. 23 s 136\nom 2017 No. 10 s 39","sortOrder":303},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 ins 1994 No. 81 s 526 sch 4\nom 2017 No. 10 s 39","sortOrder":304},{"sectionNumber":"pt.8","sectionType":"part","heading":"Instruments","content":"# Instruments","sortOrder":305},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":306},{"sectionNumber":"sec.153","sectionType":"section","heading":"When instrument capable of registration","content":"### sec.153 When instrument capable of registration\n\nThe registrar may register an instrument only if—\nit complies with this Act; and\nit appears on its face to be capable of registration.\n- (a) it complies with this Act; and\n- (b) it appears on its face to be capable of registration.","sortOrder":307},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 amd 2001 No. 57 s 7 ; 2003 No. 6 s 153 ; 2005 No. 68 s 95 ; 2006 No. 54 s 25A ; 2010 No. 12 s 194 ; 2013 No. 23 s 137\nom 2019 No. 7 s 243","sortOrder":308},{"sectionNumber":"sec.155","sectionType":"section","heading":"Correcting unregistered instruments","content":"### sec.155 Correcting unregistered instruments\n\nThe registrar may correct an obvious error in a lodged plan of survey that is in paper form by—\ndrawing a line through the error without making the original words illegible; and\nwriting in the correct information; and\ndating and initialling the correction.\nThe registrar may correct an obvious error in a lodged instrument (other than a plan of survey) by noting the correction—\non the instrument; or\nif the instrument is in electronic form—in the appropriate register.\nThe registrar may correct an obvious error in a lodged instrument only if the registrar is satisfied that the instrument is incorrect and the correction will not prejudice the rights of a person.\nAn instrument corrected by the registrar under this section has the same effect as if the relevant error had not been made.\ns 155 amd 2005 No. 68 s 96 ; 2013 No. 17 s 42\n(sec.155-ssec.1) The registrar may correct an obvious error in a lodged plan of survey that is in paper form by— drawing a line through the error without making the original words illegible; and writing in the correct information; and dating and initialling the correction.\n(sec.155-ssec.2) The registrar may correct an obvious error in a lodged instrument (other than a plan of survey) by noting the correction— on the instrument; or if the instrument is in electronic form—in the appropriate register.\n(sec.155-ssec.3) The registrar may correct an obvious error in a lodged instrument only if the registrar is satisfied that the instrument is incorrect and the correction will not prejudice the rights of a person.\n(sec.155-ssec.4) An instrument corrected by the registrar under this section has the same effect as if the relevant error had not been made.\n- (a) drawing a line through the error without making the original words illegible; and\n- (b) writing in the correct information; and\n- (c) dating and initialling the correction.\n- (a) on the instrument; or\n- (b) if the instrument is in electronic form—in the appropriate register.","sortOrder":309},{"sectionNumber":"sec.156","sectionType":"section","heading":"Requisitions","content":"### sec.156 Requisitions\n\nThe registrar may, by written notice (the requisition ) given to a person who has lodged or deposited an instrument or other document, or to another person who reasonably appears to the registrar to be relevantly associated with the instrument or other document require a person—\nto re-execute, complete or correct the instrument or document if it appears to the registrar to be wrong, incomplete or defective; or\nto produce to the registrar specified information, or deposit a specified instrument or document, in support of the application to register the instrument.\nThe registrar may require the instrument, document or information to be verified by statutory declaration or affidavit.\nThe requisition may—\nstate when, and where, it must be complied with; and\nif it relates to an electronic conveyancing document, be accompanied by a copy of the document.\nThe registrar may extend the time for complying with the requisition.\nThe registrar may refuse to deal with the instrument or document lodged or deposited (and any instrument that depends on it for registration) until the requisition is complied with.\nAlso, subsections (7) and (8) apply in relation to an instrument or other document that is lodged if the registrar is satisfied—\nthe instrument or document is not capable of registration; and\nthe reason the instrument or document is not capable of registration is not a matter for which a requisition may be given under subsection (1) .\nThe registrar may give written notice (also the requisition ) to the person who lodged the instrument or document, or to another person who reasonably appears to the registrar to be relevantly associated with the instrument or document, stating—\nthat the instrument or document is not capable of registration; and\nwhy the instrument or document is not capable of registration.\nThe requisition may, if it relates to an electronic conveyancing document, be accompanied by a copy of the document.\ns 156 amd 2005 No. 68 s 97 ; 2013 No. 17 s 43 ; 2019 No. 7 s 235\n(sec.156-ssec.1) The registrar may, by written notice (the requisition ) given to a person who has lodged or deposited an instrument or other document, or to another person who reasonably appears to the registrar to be relevantly associated with the instrument or other document require a person— to re-execute, complete or correct the instrument or document if it appears to the registrar to be wrong, incomplete or defective; or to produce to the registrar specified information, or deposit a specified instrument or document, in support of the application to register the instrument.\n(sec.156-ssec.2) The registrar may require the instrument, document or information to be verified by statutory declaration or affidavit.\n(sec.156-ssec.3) The requisition may— state when, and where, it must be complied with; and if it relates to an electronic conveyancing document, be accompanied by a copy of the document.\n(sec.156-ssec.4) The registrar may extend the time for complying with the requisition.\n(sec.156-ssec.5) The registrar may refuse to deal with the instrument or document lodged or deposited (and any instrument that depends on it for registration) until the requisition is complied with.\n(sec.156-ssec.6) Also, subsections (7) and (8) apply in relation to an instrument or other document that is lodged if the registrar is satisfied— the instrument or document is not capable of registration; and the reason the instrument or document is not capable of registration is not a matter for which a requisition may be given under subsection (1) .\n(sec.156-ssec.7) The registrar may give written notice (also the requisition ) to the person who lodged the instrument or document, or to another person who reasonably appears to the registrar to be relevantly associated with the instrument or document, stating— that the instrument or document is not capable of registration; and why the instrument or document is not capable of registration.\n(sec.156-ssec.8) The requisition may, if it relates to an electronic conveyancing document, be accompanied by a copy of the document.\n- (a) to re-execute, complete or correct the instrument or document if it appears to the registrar to be wrong, incomplete or defective; or\n- (b) to produce to the registrar specified information, or deposit a specified instrument or document, in support of the application to register the instrument.\n- (a) state when, and where, it must be complied with; and\n- (b) if it relates to an electronic conveyancing document, be accompanied by a copy of the document.\n- (a) the instrument or document is not capable of registration; and\n- (b) the reason the instrument or document is not capable of registration is not a matter for which a requisition may be given under subsection (1) .\n- (a) that the instrument or document is not capable of registration; and\n- (b) why the instrument or document is not capable of registration.","sortOrder":310},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Electronic communication of statutory declaration or affidavit","content":"### sec.156A Electronic communication of statutory declaration or affidavit\n\nA person is taken to have complied with a requirement under section 156 (2) to give the registrar a statutory declaration or affidavit (the verifying document ) if the person gives a signed electronic form of the verifying document by electronic communication and—\nhaving regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the verifying document provided a reliable way of maintaining the integrity of the information it contained; and\nwhen the communication was sent, it was reasonable to expect the information contained in the electronic form of the verifying document would be readily accessible so as to be usable for subsequent reference; and\nthe registrar consents to the electronic form of the verifying document being given by electronic communication.\nThe person is taken to have signed the electronic form of the verifying document if—\na method is used to identify the person and to indicate the person’s approval of the information communicated; and\nhaving regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and\nthe registrar consents to the electronic form of the verifying document being signed by using the method mentioned in paragraph (a) .\ns 156A ins 2003 No. 6 s 154\n(sec.156A-ssec.1) A person is taken to have complied with a requirement under section 156 (2) to give the registrar a statutory declaration or affidavit (the verifying document ) if the person gives a signed electronic form of the verifying document by electronic communication and— having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the verifying document provided a reliable way of maintaining the integrity of the information it contained; and when the communication was sent, it was reasonable to expect the information contained in the electronic form of the verifying document would be readily accessible so as to be usable for subsequent reference; and the registrar consents to the electronic form of the verifying document being given by electronic communication.\n(sec.156A-ssec.2) The person is taken to have signed the electronic form of the verifying document if— a method is used to identify the person and to indicate the person’s approval of the information communicated; and having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and the registrar consents to the electronic form of the verifying document being signed by using the method mentioned in paragraph (a) .\n- (a) having regard to all the relevant circumstances when the communication was sent, the method of generating the electronic form of the verifying document provided a reliable way of maintaining the integrity of the information it contained; and\n- (b) when the communication was sent, it was reasonable to expect the information contained in the electronic form of the verifying document would be readily accessible so as to be usable for subsequent reference; and\n- (c) the registrar consents to the electronic form of the verifying document being given by electronic communication.\n- (a) a method is used to identify the person and to indicate the person’s approval of the information communicated; and\n- (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated; and\n- (c) the registrar consents to the electronic form of the verifying document being signed by using the method mentioned in paragraph (a) .","sortOrder":311},{"sectionNumber":"sec.157","sectionType":"section","heading":"Rejecting instrument or document after requisition given","content":"### sec.157 Rejecting instrument or document after requisition given\n\nThe registrar may reject an instrument or document to which a requisition relates and any instrument that depends on it for registration if—\nfor a requisition given under section 156 (1) —the requisition is not complied with by a person within the time stated or extended by the registrar; or\nthe requisition is given under section 156 (7) .\nAn instrument rejected under subsection (1) loses its priority under section 178 .\nIf the registrar rejects an instrument or document under subsection (1) the registrar must—\ngive a written notice of the rejection to the person to whom the registrar gave the requisition for the instrument or document; and\nif the instrument or document is in paper form—return the instrument or document to the person who lodged or deposited it.\nA memorandum recording the rejection of an instrument under subsection (1) may be endorsed on the rejected instrument or recorded in a separate record kept in the land registry.\nAn electronic conveyancing document that has been rejected under subsection (1) can not be relodged.\nSubject to subsection (5) , this section does not prevent relodgement of an instrument rejected under subsection (1) (a) after the requisition has been complied with.\ns 157 amd 2001 No. 57 s 7 ; 2013 No. 17 s 44 ; 2019 No. 7 s 236\n(sec.157-ssec.1) The registrar may reject an instrument or document to which a requisition relates and any instrument that depends on it for registration if— for a requisition given under section 156 (1) —the requisition is not complied with by a person within the time stated or extended by the registrar; or the requisition is given under section 156 (7) .\n(sec.157-ssec.2) An instrument rejected under subsection (1) loses its priority under section 178 .\n(sec.157-ssec.3) If the registrar rejects an instrument or document under subsection (1) the registrar must— give a written notice of the rejection to the person to whom the registrar gave the requisition for the instrument or document; and if the instrument or document is in paper form—return the instrument or document to the person who lodged or deposited it.\n(sec.157-ssec.4) A memorandum recording the rejection of an instrument under subsection (1) may be endorsed on the rejected instrument or recorded in a separate record kept in the land registry.\n(sec.157-ssec.5) An electronic conveyancing document that has been rejected under subsection (1) can not be relodged.\n(sec.157-ssec.6) Subject to subsection (5) , this section does not prevent relodgement of an instrument rejected under subsection (1) (a) after the requisition has been complied with.\n- (a) for a requisition given under section 156 (1) —the requisition is not complied with by a person within the time stated or extended by the registrar; or\n- (b) the requisition is given under section 156 (7) .\n- (a) give a written notice of the rejection to the person to whom the registrar gave the requisition for the instrument or document; and\n- (b) if the instrument or document is in paper form—return the instrument or document to the person who lodged or deposited it.","sortOrder":312},{"sectionNumber":"sec.157A","sectionType":"section","heading":"Forfeiture of fee on rejecting instrument","content":"### sec.157A Forfeiture of fee on rejecting instrument\n\nIf an instrument (the rejected instrument ) is rejected by the registrar under section 157 (1) , the titles registry fee paid for lodging the instrument is forfeited.\nSubsection (3) applies if—\nthe rejected instrument changes the ownership of more than 1 lot or an interest in more than 1 lot; and\nthe titles registry fee paid for lodging the rejected instrument included an amount for each additional lot; and\nthe instrument is relodged within 1 year of the instrument being rejected.\nThe titles registry fee payable for relodging the instrument is the titles registry fee that would be payable if the instrument related to only 1 lot.\nSubsection (5) applies if—\nthe titles registry fee paid for lodging the rejected instrument included an additional fee for—\nthe transfer of a fee simple; or\nthe transfer of a lease under the South Bank Corporation Act 1989 ; and\nthe instrument is relodged within 1 year of the instrument being rejected.\nThe additional fee is not payable for relodging the instrument.\ns 157A ins 2021 No. 12 s 103\n(sec.157A-ssec.1) If an instrument (the rejected instrument ) is rejected by the registrar under section 157 (1) , the titles registry fee paid for lodging the instrument is forfeited.\n(sec.157A-ssec.2) Subsection (3) applies if— the rejected instrument changes the ownership of more than 1 lot or an interest in more than 1 lot; and the titles registry fee paid for lodging the rejected instrument included an amount for each additional lot; and the instrument is relodged within 1 year of the instrument being rejected.\n(sec.157A-ssec.3) The titles registry fee payable for relodging the instrument is the titles registry fee that would be payable if the instrument related to only 1 lot.\n(sec.157A-ssec.4) Subsection (5) applies if— the titles registry fee paid for lodging the rejected instrument included an additional fee for— the transfer of a fee simple; or the transfer of a lease under the South Bank Corporation Act 1989 ; and the instrument is relodged within 1 year of the instrument being rejected.\n(sec.157A-ssec.5) The additional fee is not payable for relodging the instrument.\n- (a) the rejected instrument changes the ownership of more than 1 lot or an interest in more than 1 lot; and\n- (b) the titles registry fee paid for lodging the rejected instrument included an amount for each additional lot; and\n- (c) the instrument is relodged within 1 year of the instrument being rejected.\n- (a) the titles registry fee paid for lodging the rejected instrument included an additional fee for— (i) the transfer of a fee simple; or (ii) the transfer of a lease under the South Bank Corporation Act 1989 ; and\n- (i) the transfer of a fee simple; or\n- (ii) the transfer of a lease under the South Bank Corporation Act 1989 ; and\n- (b) the instrument is relodged within 1 year of the instrument being rejected.\n- (i) the transfer of a fee simple; or\n- (ii) the transfer of a lease under the South Bank Corporation Act 1989 ; and","sortOrder":313},{"sectionNumber":"sec.158","sectionType":"section","heading":"Borrowing lodged or deposited instrument before registration","content":"### sec.158 Borrowing lodged or deposited instrument before registration\n\nThe registrar may permit any of the following persons to borrow an instrument lodged or deposited in paper form before the instrument is registered or used for the purpose for which it was deposited—\nthe person who lodged or deposited the instrument;\na person for whom the instrument was lodged or deposited;\nan agent of a person mentioned in paragraph (a) or (b) .\nThe person must return the instrument to the land registry within the time specified by the registrar.\nThe registrar may extend the time for returning the instrument.\nA person must not fail to return the instrument to the land registry within the time specified or extended by the registrar, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —50 penalty units.\ns 158 amd 2013 No. 17 s 45\n(sec.158-ssec.1) The registrar may permit any of the following persons to borrow an instrument lodged or deposited in paper form before the instrument is registered or used for the purpose for which it was deposited— the person who lodged or deposited the instrument; a person for whom the instrument was lodged or deposited; an agent of a person mentioned in paragraph (a) or (b) .\n(sec.158-ssec.2) The person must return the instrument to the land registry within the time specified by the registrar.\n(sec.158-ssec.3) The registrar may extend the time for returning the instrument.\n(sec.158-ssec.4) A person must not fail to return the instrument to the land registry within the time specified or extended by the registrar, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —50 penalty units.\n- (a) the person who lodged or deposited the instrument;\n- (b) a person for whom the instrument was lodged or deposited;\n- (c) an agent of a person mentioned in paragraph (a) or (b) .","sortOrder":314},{"sectionNumber":"sec.159","sectionType":"section","heading":"Withdrawing lodged instrument before registration","content":"### sec.159 Withdrawing lodged instrument before registration\n\nThe registrar may withdraw an instrument, or permit an instrument to be withdrawn, if the registrar is satisfied—\nthe instrument will not give effect to the intention expressed in it or a related instrument because of the order in which the instrument has been lodged in relation to other instruments; or\nthe instrument should not have been lodged, including, for example, because the instrument can not be given legal effect.\na power of attorney that names the same person as principal and attorney\nAn instrument that is withdrawn by the registrar under subsection (1) remains in the land registry, unless the instrument is an instrument that should not have been lodged.\nThe registrar may relodge an instrument that has been withdrawn by the registrar.\nOn receiving a written application, the registrar may relodge an instrument that the registrar has permitted to be withdrawn.\nAn instrument withdrawn under subsection (1) loses its priority and is taken to have been lodged on the date and at the time endorsed on it by the registrar at the time of its relodgement.\nSubsection (5) does not apply to a plan of subdivision mentioned in section 53 .\ns 159 amd 2001 No. 57 s 7 ; 2014 No. 29 s 113 ; 2017 No. 10 s 37\n(sec.159-ssec.1) The registrar may withdraw an instrument, or permit an instrument to be withdrawn, if the registrar is satisfied— the instrument will not give effect to the intention expressed in it or a related instrument because of the order in which the instrument has been lodged in relation to other instruments; or the instrument should not have been lodged, including, for example, because the instrument can not be given legal effect. a power of attorney that names the same person as principal and attorney\n(sec.159-ssec.2) An instrument that is withdrawn by the registrar under subsection (1) remains in the land registry, unless the instrument is an instrument that should not have been lodged.\n(sec.159-ssec.3) The registrar may relodge an instrument that has been withdrawn by the registrar.\n(sec.159-ssec.4) On receiving a written application, the registrar may relodge an instrument that the registrar has permitted to be withdrawn.\n(sec.159-ssec.5) An instrument withdrawn under subsection (1) loses its priority and is taken to have been lodged on the date and at the time endorsed on it by the registrar at the time of its relodgement.\n(sec.159-ssec.6) Subsection (5) does not apply to a plan of subdivision mentioned in section 53 .\n- (a) the instrument will not give effect to the intention expressed in it or a related instrument because of the order in which the instrument has been lodged in relation to other instruments; or\n- (b) the instrument should not have been lodged, including, for example, because the instrument can not be given legal effect. Example of an instrument that can not be given legal effect— a power of attorney that names the same person as principal and attorney","sortOrder":315},{"sectionNumber":"sec.160","sectionType":"section","heading":"Registrar may call in instrument for correction or cancellation","content":"### sec.160 Registrar may call in instrument for correction or cancellation\n\nThe registrar may require a person to deposit an instrument for correction or cancellation.","sortOrder":316},{"sectionNumber":"sec.161","sectionType":"section","heading":"Execution and proof","content":"### sec.161 Execution and proof\n\nFor a corporation, an instrument is validly executed if—\nit is executed in a way permitted by law; or\nthe instrument is sealed with the corporation’s seal under the Property Law Act 2023 , section 52 .\nFor an individual, an instrument is validly executed if—\nit is executed in a way permitted by law; and\nthe execution is witnessed by a person mentioned in schedule 1 .\nHowever, the registrar may, in exceptional circumstances, register an instrument executed by an individual even though the execution was not witnessed or was not witnessed by a person mentioned in schedule 1 .\nIf an instrument is executed by a legal practitioner authorised by a transferee or a person in whose favour an interest is created, the execution need not be witnessed.\nThe witnessing of an instrument may be proved in any way permitted by law.\nThis section does not apply to a plan of survey.\nUnder the Electronic Conveyancing National Law (Queensland) , section 9 (3) (b) , if a registry instrument is digitally signed in accordance with the participation rules applicable to the instrument, the requirements of any other Queensland law relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.\ns 161 amd 1994 No. 81 s 527 sch 5 ; 2004 No. 11 s 596 sch 1 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2013 No. 17 s 46 ; 2021 No. 23 s 58 sch 1 ; 2023 No. 27 s 289 sch 3\n(sec.161-ssec.1) For a corporation, an instrument is validly executed if— it is executed in a way permitted by law; or the instrument is sealed with the corporation’s seal under the Property Law Act 2023 , section 52 .\n(sec.161-ssec.2) For an individual, an instrument is validly executed if— it is executed in a way permitted by law; and the execution is witnessed by a person mentioned in schedule 1 .\n(sec.161-ssec.3) However, the registrar may, in exceptional circumstances, register an instrument executed by an individual even though the execution was not witnessed or was not witnessed by a person mentioned in schedule 1 .\n(sec.161-ssec.3A) If an instrument is executed by a legal practitioner authorised by a transferee or a person in whose favour an interest is created, the execution need not be witnessed.\n(sec.161-ssec.4) The witnessing of an instrument may be proved in any way permitted by law.\n(sec.161-ssec.5) This section does not apply to a plan of survey. Under the Electronic Conveyancing National Law (Queensland) , section 9 (3) (b) , if a registry instrument is digitally signed in accordance with the participation rules applicable to the instrument, the requirements of any other Queensland law relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.\n- (a) it is executed in a way permitted by law; or\n- (b) the instrument is sealed with the corporation’s seal under the Property Law Act 2023 , section 52 .\n- (a) it is executed in a way permitted by law; and\n- (b) the execution is witnessed by a person mentioned in schedule 1 .","sortOrder":317},{"sectionNumber":"sec.162","sectionType":"section","heading":"Obligations of witness for individual","content":"### sec.162 Obligations of witness for individual\n\nA person who witnesses an instrument executed by an individual must—\nfirst take reasonable steps to verify the identity of the individual and ensure the individual is the person entitled to sign the instrument; and\nhave the individual execute the instrument in the presence of the person; and\nnot be a party to the instrument.\nWithout limiting subsection (1) (a) , the person takes reasonable steps to verify the identity of the individual if the person complies with practices included in the manual of land title practice under section 9A for verifying the individual’s identity.\nThe person must, for 7 years after the person witnesses the signing of the instrument—\nkeep a written record of the steps taken under subsection (1) (a) ; or\nkeep originals or copies of the documents and other evidence provided to or otherwise obtained by the person in complying with subsection (1) (a) .\nThe registrar may, whether before or after the registration of the instrument, ask the person—\nto advise the registrar about the steps taken by the person under subsection (1) (a) ; and\nto produce for the registrar’s inspection the written record mentioned in subsection (3) (a) or the originals or copies mentioned in subsection (3) (b) .\nThe person must comply with a request under subsection (4) unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 162 amd 1994 No. 33 s 14 (retro); 2010 No. 12 s 195\nsub 2019 No. 17 s 190\namd 2021 No. 12 s 148 sch 3\n(sec.162-ssec.1) A person who witnesses an instrument executed by an individual must— first take reasonable steps to verify the identity of the individual and ensure the individual is the person entitled to sign the instrument; and have the individual execute the instrument in the presence of the person; and not be a party to the instrument.\n(sec.162-ssec.2) Without limiting subsection (1) (a) , the person takes reasonable steps to verify the identity of the individual if the person complies with practices included in the manual of land title practice under section 9A for verifying the individual’s identity.\n(sec.162-ssec.3) The person must, for 7 years after the person witnesses the signing of the instrument— keep a written record of the steps taken under subsection (1) (a) ; or keep originals or copies of the documents and other evidence provided to or otherwise obtained by the person in complying with subsection (1) (a) .\n(sec.162-ssec.4) The registrar may, whether before or after the registration of the instrument, ask the person— to advise the registrar about the steps taken by the person under subsection (1) (a) ; and to produce for the registrar’s inspection the written record mentioned in subsection (3) (a) or the originals or copies mentioned in subsection (3) (b) .\n(sec.162-ssec.5) The person must comply with a request under subsection (4) unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n- (a) first take reasonable steps to verify the identity of the individual and ensure the individual is the person entitled to sign the instrument; and\n- (b) have the individual execute the instrument in the presence of the person; and\n- (c) not be a party to the instrument.\n- (a) keep a written record of the steps taken under subsection (1) (a) ; or\n- (b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the person in complying with subsection (1) (a) .\n- (a) to advise the registrar about the steps taken by the person under subsection (1) (a) ; and\n- (b) to produce for the registrar’s inspection the written record mentioned in subsection (3) (a) or the originals or copies mentioned in subsection (3) (b) .","sortOrder":318},{"sectionNumber":"sec.163","sectionType":"section","heading":null,"content":"### Section sec.163\n\ns 163 om 2013 No. 23 s 138","sortOrder":319},{"sectionNumber":"sec.164","sectionType":"section","heading":"Dispensing with production of paper instrument","content":"### sec.164 Dispensing with production of paper instrument\n\nThe registrar may dispense with the production of a paper instrument.\nThe registrar may require evidence that a person seeking to deal with a relevant lot is the registered proprietor, and that the instrument—\nhas been lost or no longer exists; and\nis not deposited as security or for safe custody.\nThe registrar must record in the freehold land register that production of the instrument has been dispensed with and the date production of it was dispensed with.\ns 164 amd 2013 No. 17 s 47 ; 2017 No. 10 s 38 ; 2019 No. 7 s 244\n(sec.164-ssec.1) The registrar may dispense with the production of a paper instrument.\n(sec.164-ssec.2) The registrar may require evidence that a person seeking to deal with a relevant lot is the registered proprietor, and that the instrument— has been lost or no longer exists; and is not deposited as security or for safe custody.\n(sec.164-ssec.3) The registrar must record in the freehold land register that production of the instrument has been dispensed with and the date production of it was dispensed with.\n- (a) has been lost or no longer exists; and\n- (b) is not deposited as security or for safe custody.","sortOrder":320},{"sectionNumber":"sec.165","sectionType":"section","heading":"Requiring plan of survey to be lodged","content":"### sec.165 Requiring plan of survey to be lodged\n\nThe registrar may require a registered proprietor of a lot who proposes to transfer, lease or otherwise deal with all or part of the lot to lodge a plan of survey of the lot.\nThe plan of survey must comply with the Survey and Mapping Infrastructure Act 2003 and must be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 .\ns 165 amd 2003 No. 70 s 206 sch 2\n(sec.165-ssec.1) The registrar may require a registered proprietor of a lot who proposes to transfer, lease or otherwise deal with all or part of the lot to lodge a plan of survey of the lot.\n(sec.165-ssec.2) The plan of survey must comply with the Survey and Mapping Infrastructure Act 2003 and must be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 .","sortOrder":321},{"sectionNumber":"sec.166","sectionType":"section","heading":"Destroying instrument in certain circumstances","content":"### sec.166 Destroying instrument in certain circumstances\n\nThe registrar may destroy a part of the freehold land register or an instrument held in the land registry if the part of the register or the instrument—\nis not evidence of an existing interest; or\nis evidence of an existing interest of which there is accurate evidence in another part of the register; or\nwill not be required for registering the effect of a transaction.\nThe registrar may authorise a person to destroy an instrument held in a place other than an office of the department if the instrument—\nwas lodged at the place for evidencing, in the land registry, an interest; and\nis evidence of an existing interest for which there is accurate evidence in the land registry.\nBefore destroying a part of the register or an instrument under subsection (1) , the registrar must copy it in whatever way the registrar considers appropriate.\nHowever, the registrar, or person acting under an authority given under subsection (2) , must not destroy an original will.\nThe registrar’s powers under subsections (1) and (2) are subject to the Public Records Act 2023 .\ns 166 amd 2002 No. 11 s 62 sch 1 ; 2003 No. 6 s 155 ; 2005 No. 68 s 98 ; 2019 No. 7 s 245 ; 2023 No. 33 s 107 sch 4\n(sec.166-ssec.1) The registrar may destroy a part of the freehold land register or an instrument held in the land registry if the part of the register or the instrument— is not evidence of an existing interest; or is evidence of an existing interest of which there is accurate evidence in another part of the register; or will not be required for registering the effect of a transaction.\n(sec.166-ssec.2) The registrar may authorise a person to destroy an instrument held in a place other than an office of the department if the instrument— was lodged at the place for evidencing, in the land registry, an interest; and is evidence of an existing interest for which there is accurate evidence in the land registry.\n(sec.166-ssec.3) Before destroying a part of the register or an instrument under subsection (1) , the registrar must copy it in whatever way the registrar considers appropriate.\n(sec.166-ssec.4) However, the registrar, or person acting under an authority given under subsection (2) , must not destroy an original will.\n(sec.166-ssec.5) The registrar’s powers under subsections (1) and (2) are subject to the Public Records Act 2023 .\n- (a) is not evidence of an existing interest; or\n- (b) is evidence of an existing interest of which there is accurate evidence in another part of the register; or\n- (c) will not be required for registering the effect of a transaction.\n- (a) was lodged at the place for evidencing, in the land registry, an interest; and\n- (b) is evidence of an existing interest for which there is accurate evidence in the land registry.","sortOrder":322},{"sectionNumber":"sec.167","sectionType":"section","heading":"Transferor must do everything necessary etc.","content":"### sec.167 Transferor must do everything necessary etc.\n\nA person who, for valuable consideration, executes an instrument to transfer or create an interest in a lot must do everything necessary to give effect to the terms and other matters stated in the instrument or implied by this or another Act.","sortOrder":323},{"sectionNumber":"sec.167A","sectionType":"section","heading":"Titles registry fees not payable for particular instruments","content":"### sec.167A Titles registry fees not payable for particular instruments\n\nNo titles registry fee is payable for the lodgement and registration of an instrument that relates to—\nthe acquisition by the State of an interest in land; or\nthe release or surrender by the State of an interest in land, other than a fee simple interest.\ns 167A ins 2021 No. 12 s 104\n- (a) the acquisition by the State of an interest in land; or\n- (b) the release or surrender by the State of an interest in land, other than a fee simple interest.","sortOrder":324},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Standard terms documents forming part of instruments","content":"## Standard terms documents forming part of instruments","sortOrder":325},{"sectionNumber":"sec.168","sectionType":"section","heading":"Meaning of standard terms document in div 2","content":"### sec.168 Meaning of standard terms document in div 2\n\nIn this division—\nstandard terms document means a document containing provisions that are treated as terms of an instrument to which the document is to apply or applies.\ns 168 sub 1997 No. 28 s 295 sch 3","sortOrder":326},{"sectionNumber":"sec.168A","sectionType":"section","heading":"References to registered standard terms document","content":"### sec.168A References to registered standard terms document\n\nIn sections 170 and 171 , a reference to a registered standard terms document includes a standard terms document that has been, or is taken to be, registered under the Land Act 1994 .\ns 168A ins 2005 No. 68 s 99","sortOrder":327},{"sectionNumber":"sec.169","sectionType":"section","heading":"Standard terms document to which instrument refers may be registered","content":"### sec.169 Standard terms document to which instrument refers may be registered\n\nThe registrar or another person may lodge a standard terms document and may amend the standard terms document by lodging a further standard terms document.\nThe lodged standard terms document must be given a distinguishing reference and must be registered.\ns 169 amd 1997 No. 28 s 295 sch 3\n(sec.169-ssec.1) The registrar or another person may lodge a standard terms document and may amend the standard terms document by lodging a further standard terms document.\n(sec.169-ssec.2) The lodged standard terms document must be given a distinguishing reference and must be registered.","sortOrder":328},{"sectionNumber":"sec.170","sectionType":"section","heading":"Standard terms document that is part of an instrument","content":"### sec.170 Standard terms document that is part of an instrument\n\nAll or part of a registered standard terms document, or an amended registered standard terms document, forms part of an instrument if the instrument—\nsays it forms part of the instrument; and\nbelongs to a class identified in the standard terms document as an instrument to which the standard terms document applies.\ns 170 amd 1997 No. 28 s 295 sch 3\n- (a) says it forms part of the instrument; and\n- (b) belongs to a class identified in the standard terms document as an instrument to which the standard terms document applies.","sortOrder":329},{"sectionNumber":"sec.171","sectionType":"section","heading":"Instrument not limited to that contained in standard terms document","content":"### sec.171 Instrument not limited to that contained in standard terms document\n\nIn addition to the provisions in a registered standard terms document, an instrument may include a provision incorporating other terms into the instrument.\nIf there is a conflict between the standard terms document and the terms in an instrument, the instrument prevails.\ns 171 amd 1997 No. 28 s 295 sch 3\n(sec.171-ssec.1) In addition to the provisions in a registered standard terms document, an instrument may include a provision incorporating other terms into the instrument.\n(sec.171-ssec.2) If there is a conflict between the standard terms document and the terms in an instrument, the instrument prevails.","sortOrder":330},{"sectionNumber":"sec.172","sectionType":"section","heading":"Withdrawal or cancellation of standard terms document","content":"### sec.172 Withdrawal or cancellation of standard terms document\n\nThe registrar may withdraw a registered standard terms document if asked to withdraw it by the person who lodged it.\nThe registrar may cancel a registered standard terms document lodged by the registrar after giving 1 month’s notice in the gazette.\nThe registrar must keep and, if asked, produce for inspection a copy of a standard terms document cancelled or withdrawn under this section.\nWithdrawal or cancellation of a standard terms document, under this section or the Land Act 1994 , does not affect an instrument already registered or executed within 7 days after its withdrawal or cancellation.\ns 172 amd 1997 No. 28 s 295 sch 3 ; 2005 No. 68 s 100\n(sec.172-ssec.1) The registrar may withdraw a registered standard terms document if asked to withdraw it by the person who lodged it.\n(sec.172-ssec.2) The registrar may cancel a registered standard terms document lodged by the registrar after giving 1 month’s notice in the gazette.\n(sec.172-ssec.3) The registrar must keep and, if asked, produce for inspection a copy of a standard terms document cancelled or withdrawn under this section.\n(sec.172-ssec.4) Withdrawal or cancellation of a standard terms document, under this section or the Land Act 1994 , does not affect an instrument already registered or executed within 7 days after its withdrawal or cancellation.","sortOrder":331},{"sectionNumber":"pt.9","sectionType":"part","heading":"Registration of instruments and its effect","content":"# Registration of instruments and its effect","sortOrder":332},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Registration of instruments","content":"## Registration of instruments","sortOrder":333},{"sectionNumber":"sec.173","sectionType":"section","heading":"How an instrument is registered","content":"### sec.173 How an instrument is registered\n\nThe registrar registers an instrument in the freehold land register by recording in the freehold land register the particulars necessary to identify the instrument.","sortOrder":334},{"sectionNumber":"sec.174","sectionType":"section","heading":"When an instrument is registered","content":"### sec.174 When an instrument is registered\n\nAn instrument is registered when the particulars are recorded in the freehold land register.","sortOrder":335},{"sectionNumber":"sec.175","sectionType":"section","heading":"Time from when instrument forms part of register etc.","content":"### sec.175 Time from when instrument forms part of register etc.\n\nA registered instrument forms part of the freehold land register from when it is lodged.","sortOrder":336},{"sectionNumber":"sec.176","sectionType":"section","heading":"Registered instrument operates as a deed","content":"### sec.176 Registered instrument operates as a deed\n\nA registered instrument operates as a deed.","sortOrder":337},{"sectionNumber":"sec.177","sectionType":"section","heading":"Order of registration of instruments","content":"### sec.177 Order of registration of instruments\n\nInstruments affecting a lot, including instruments affecting or creating an interest in the lot, must be registered in the order in which they are lodged.\nSubsection (1) is subject to section 159 .\nDespite subsection (1) , if an instrument ( instrument 2 ) affecting a lot is lodged after another instrument ( instrument 1 ) affecting the lot, instrument 2 may be registered before instrument 1 if the registration of instrument 2 can not affect any interest that a person might claim under instrument 1.\nAn instrument of easement over a lot ( instrument 1 ) is lodged for registration. Subsequently, an instrument releasing a mortgage of the lot ( instrument 2 ) is lodged for registration. However, the registrar has given the person who lodged instrument 1 a requisition relating to instrument 1, and instrument 1 can not yet be registered. The registrar could register instrument 2 even though instrument 1 has not been registered.\ns 177 sub 1997 No. 28 s 295 sch 3\n(sec.177-ssec.1) Instruments affecting a lot, including instruments affecting or creating an interest in the lot, must be registered in the order in which they are lodged.\n(sec.177-ssec.2) Subsection (1) is subject to section 159 .\n(sec.177-ssec.3) Despite subsection (1) , if an instrument ( instrument 2 ) affecting a lot is lodged after another instrument ( instrument 1 ) affecting the lot, instrument 2 may be registered before instrument 1 if the registration of instrument 2 can not affect any interest that a person might claim under instrument 1. An instrument of easement over a lot ( instrument 1 ) is lodged for registration. Subsequently, an instrument releasing a mortgage of the lot ( instrument 2 ) is lodged for registration. However, the registrar has given the person who lodged instrument 1 a requisition relating to instrument 1, and instrument 1 can not yet be registered. The registrar could register instrument 2 even though instrument 1 has not been registered.","sortOrder":338},{"sectionNumber":"sec.178","sectionType":"section","heading":"Priority of registered instruments","content":"### sec.178 Priority of registered instruments\n\nRegistered instruments have priority according to when each of them was lodged and not according to when each of them was executed.\nAn instrument is taken to be lodged on the date and at the time endorsed on the instrument by the registrar as the date and time of the lodgement unless the contrary is proved.\nSubsection (1) is not affected by actual, implied or constructive notice.\n(sec.178-ssec.1) Registered instruments have priority according to when each of them was lodged and not according to when each of them was executed.\n(sec.178-ssec.2) An instrument is taken to be lodged on the date and at the time endorsed on the instrument by the registrar as the date and time of the lodgement unless the contrary is proved.\n(sec.178-ssec.3) Subsection (1) is not affected by actual, implied or constructive notice.","sortOrder":339},{"sectionNumber":"sec.179","sectionType":"section","heading":"Evidentiary effect of recording particulars in the freehold land register","content":"### sec.179 Evidentiary effect of recording particulars in the freehold land register\n\nIn all proceedings, the particulars of a registered instrument recorded in the freehold land register are conclusive evidence of—\nthe registration of the instrument; and\nthe contents of the instrument; and\nall terms stated or implied in it by this or another Act; and\nwhen the instrument was lodged and registered.\n- (a) the registration of the instrument; and\n- (b) the contents of the instrument; and\n- (c) all terms stated or implied in it by this or another Act; and\n- (d) when the instrument was lodged and registered.","sortOrder":340},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Consequences of registration","content":"## Consequences of registration","sortOrder":341},{"sectionNumber":"sec.180","sectionType":"section","heading":"Benefits of registration","content":"### sec.180 Benefits of registration\n\nThe benefits of this division apply to an instrument whether or not valuable consideration has been given.","sortOrder":342},{"sectionNumber":"sec.181","sectionType":"section","heading":"Interest in a lot not transferred or created until registration","content":"### sec.181 Interest in a lot not transferred or created until registration\n\nAn instrument does not transfer or create an interest in a lot at law until it is registered.","sortOrder":343},{"sectionNumber":"sec.182","sectionType":"section","heading":"Effect of registration on interest","content":"### sec.182 Effect of registration on interest\n\nOn registration of an instrument that is expressed to transfer or create an interest in a lot, the interest—\nis transferred or created in accordance with the instrument; and\nis registered; and\nvests in the person identified in the instrument as the person entitled to the interest.\n- (a) is transferred or created in accordance with the instrument; and\n- (b) is registered; and\n- (c) vests in the person identified in the instrument as the person entitled to the interest.","sortOrder":344},{"sectionNumber":"sec.183","sectionType":"section","heading":"Right to have interest registered","content":"### sec.183 Right to have interest registered\n\nA person to whom an interest is to be transferred or in whom an interest has been created has a right to have the instrument transferring or creating the interest registered if—\nthe instrument has been executed; and\nthe person lodges the instrument and any documents required by the registrar to effect registration of the instrument; and\nthe person has otherwise complied with this Act in relation to the registration of the instrument.\n- (a) the instrument has been executed; and\n- (b) the person lodges the instrument and any documents required by the registrar to effect registration of the instrument; and\n- (c) the person has otherwise complied with this Act in relation to the registration of the instrument.","sortOrder":345},{"sectionNumber":"sec.184","sectionType":"section","heading":"Quality of registered interests","content":"### sec.184 Quality of registered interests\n\nA registered proprietor of an interest in a lot holds the interest subject to registered interests affecting the lot but free from all other interests.\nIn particular, the registered proprietor—\nis not affected by actual or constructive notice of an unregistered interest affecting the lot; and\nis liable to a proceeding for possession of the lot or an interest in the lot only if the proceeding is brought by the registered proprietor of an interest affecting the lot.\nHowever, subsections (1) and (2) do not apply—\nto an interest mentioned in section 185 ; or\nif there has been fraud by the registered proprietor, whether or not there has been fraud by a person from or through whom the registered proprietor has derived the registered interest.\ns 184 amd 2001 No. 57 s 7\n(sec.184-ssec.1) A registered proprietor of an interest in a lot holds the interest subject to registered interests affecting the lot but free from all other interests.\n(sec.184-ssec.2) In particular, the registered proprietor— is not affected by actual or constructive notice of an unregistered interest affecting the lot; and is liable to a proceeding for possession of the lot or an interest in the lot only if the proceeding is brought by the registered proprietor of an interest affecting the lot.\n(sec.184-ssec.3) However, subsections (1) and (2) do not apply— to an interest mentioned in section 185 ; or if there has been fraud by the registered proprietor, whether or not there has been fraud by a person from or through whom the registered proprietor has derived the registered interest.\n- (a) is not affected by actual or constructive notice of an unregistered interest affecting the lot; and\n- (b) is liable to a proceeding for possession of the lot or an interest in the lot only if the proceeding is brought by the registered proprietor of an interest affecting the lot.\n- (a) to an interest mentioned in section 185 ; or\n- (b) if there has been fraud by the registered proprietor, whether or not there has been fraud by a person from or through whom the registered proprietor has derived the registered interest.","sortOrder":346},{"sectionNumber":"sec.185","sectionType":"section","heading":"Exceptions to s 184","content":"### sec.185 Exceptions to s 184\n\nA registered proprietor of a lot does not obtain the benefit of section 184 for the following interests in relation to the lot—\nan equity arising from the act of the registered proprietor;\nthe interest of a lessee under a short lease;\nthe interest of a person entitled to the benefit of an easement if its particulars have been omitted from, or misdescribed in, the freehold land register;\nthe interest of a person who, on application, would be entitled to be registered as owner of the lot because the person is an adverse possessor;\nthe interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot;\nthe interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner;\nthe interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest;\nthe interest of a petroleum authority holder under the Petroleum and Gas (Production and Safety) Act 2004 under an access agreement in relation to the authority that—\nwas made before the registered proprietor became the registered proprietor of the lot; and\nunder the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\nthe interest of a GHG authority holder under the Greenhouse Gas Storage Act 2009 under an access agreement in relation to the authority that—\nwas made before the registered proprietor became the registered proprietor of the lot; and\nunder the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\nthe interest of a geothermal tenure holder under the Geothermal Energy Act 2010 under an access agreement in relation to the tenure that—\nwas made before the registered proprietor became the registered proprietor of the lot; and\nunder the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor.\nFor when an access agreement binds the registered proprietor of a lot, see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 79 .\nA registered proprietor of a lot (the relevant mortgagee ) who is recorded in the freehold land register as a mortgagee of the lot or an interest in the lot does not obtain the benefit of section 184 for the relevant mortgagee’s interest as mortgagee if—\nthe relevant mortgagee—\nin relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or\nin relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and\nthe person who was the mortgagor under the instrument of mortgage or amendment of mortgage was not the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered.\nFor subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) .\nAlso, for subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) —\nwas required as a supporting document for the instrument of mortgage or amendment of mortgage; and\nwas required to be kept by the original mortgagee mentioned in section 11A (2) .\nThe interest of the lessee under subsection (1) (b) does not include—\na right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or\na right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term.\nFor subsection (1) (c) , the particulars of an easement (the easement particulars ) are taken to have been omitted from the freehold land register only if—\nthe easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded in the freehold land register against the lot; or\nthe easement particulars have previously been recorded in the freehold land register, but the current particulars in the freehold land register about the lot do not include the easement particulars, other than because the easement has been extinguished in relation to the lot; or\nthe instrument providing for the easement was lodged for registration but, because of an error of the registrar, has never been registered.\nSubsection (3) applies whether or not the lot has at any time been transferred or otherwise dealt with.\nIf an issue arises in a proceeding as to whether a person registered as a mortgagee does not obtain the benefit of section 184 because of subsection (1A) , proof that the person complied with section 11A (2) or 11B (2) rests on the person.\nIn this section—\naccess agreement means an access agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 .\nextinguished includes surrendered.\ns 185 amd 2001 No. 57 s 7 ; 2004 No. 25 s 946 ; 2005 No. 68 s 101 ; 2009 No. 3 s 506 ; 2010 No. 12 s 196 ; 2010 No. 31 s 519 ; 2013 No. 17 s 48 ; 2024 No. 12 s 92\n(sec.185-ssec.1) A registered proprietor of a lot does not obtain the benefit of section 184 for the following interests in relation to the lot— an equity arising from the act of the registered proprietor; the interest of a lessee under a short lease; the interest of a person entitled to the benefit of an easement if its particulars have been omitted from, or misdescribed in, the freehold land register; the interest of a person who, on application, would be entitled to be registered as owner of the lot because the person is an adverse possessor; the interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot; the interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner; the interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest; the interest of a petroleum authority holder under the Petroleum and Gas (Production and Safety) Act 2004 under an access agreement in relation to the authority that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; the interest of a GHG authority holder under the Greenhouse Gas Storage Act 2009 under an access agreement in relation to the authority that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; the interest of a geothermal tenure holder under the Geothermal Energy Act 2010 under an access agreement in relation to the tenure that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor. For when an access agreement binds the registered proprietor of a lot, see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 79 .\n(sec.185-ssec.1A) A registered proprietor of a lot (the relevant mortgagee ) who is recorded in the freehold land register as a mortgagee of the lot or an interest in the lot does not obtain the benefit of section 184 for the relevant mortgagee’s interest as mortgagee if— the relevant mortgagee— in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and the person who was the mortgagor under the instrument of mortgage or amendment of mortgage was not the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered.\n(sec.185-ssec.1B) For subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) .\n(sec.185-ssec.1C) Also, for subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) — was required as a supporting document for the instrument of mortgage or amendment of mortgage; and was required to be kept by the original mortgagee mentioned in section 11A (2) .\n(sec.185-ssec.2) The interest of the lessee under subsection (1) (b) does not include— a right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or a right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term.\n(sec.185-ssec.3) For subsection (1) (c) , the particulars of an easement (the easement particulars ) are taken to have been omitted from the freehold land register only if— the easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded in the freehold land register against the lot; or the easement particulars have previously been recorded in the freehold land register, but the current particulars in the freehold land register about the lot do not include the easement particulars, other than because the easement has been extinguished in relation to the lot; or the instrument providing for the easement was lodged for registration but, because of an error of the registrar, has never been registered.\n(sec.185-ssec.4) Subsection (3) applies whether or not the lot has at any time been transferred or otherwise dealt with.\n(sec.185-ssec.5) If an issue arises in a proceeding as to whether a person registered as a mortgagee does not obtain the benefit of section 184 because of subsection (1A) , proof that the person complied with section 11A (2) or 11B (2) rests on the person.\n(sec.185-ssec.6) In this section— access agreement means an access agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 . extinguished includes surrendered.\n- (a) an equity arising from the act of the registered proprietor;\n- (b) the interest of a lessee under a short lease;\n- (c) the interest of a person entitled to the benefit of an easement if its particulars have been omitted from, or misdescribed in, the freehold land register;\n- (d) the interest of a person who, on application, would be entitled to be registered as owner of the lot because the person is an adverse possessor;\n- (e) the interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot;\n- (f) the interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner;\n- (g) the interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest;\n- (h) the interest of a petroleum authority holder under the Petroleum and Gas (Production and Safety) Act 2004 under an access agreement in relation to the authority that— (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\n- (i) was made before the registered proprietor became the registered proprietor of the lot; and\n- (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\n- (i) the interest of a GHG authority holder under the Greenhouse Gas Storage Act 2009 under an access agreement in relation to the authority that— (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\n- (i) was made before the registered proprietor became the registered proprietor of the lot; and\n- (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\n- (j) the interest of a geothermal tenure holder under the Geothermal Energy Act 2010 under an access agreement in relation to the tenure that— (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor.\n- (i) was made before the registered proprietor became the registered proprietor of the lot; and\n- (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor.\n- (i) was made before the registered proprietor became the registered proprietor of the lot; and\n- (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\n- (i) was made before the registered proprietor became the registered proprietor of the lot; and\n- (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor;\n- (i) was made before the registered proprietor became the registered proprietor of the lot; and\n- (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor.\n- (a) the relevant mortgagee— (i) in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or (ii) in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and\n- (i) in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or\n- (ii) in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and\n- (b) the person who was the mortgagor under the instrument of mortgage or amendment of mortgage was not the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered.\n- (i) in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or\n- (ii) in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and\n- (a) was required as a supporting document for the instrument of mortgage or amendment of mortgage; and\n- (b) was required to be kept by the original mortgagee mentioned in section 11A (2) .\n- (a) a right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or\n- (b) a right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term.\n- (a) the easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded in the freehold land register against the lot; or\n- (b) the easement particulars have previously been recorded in the freehold land register, but the current particulars in the freehold land register about the lot do not include the easement particulars, other than because the easement has been extinguished in relation to the lot; or\n- (c) the instrument providing for the easement was lodged for registration but, because of an error of the registrar, has never been registered.","sortOrder":347},{"sectionNumber":"sec.186","sectionType":"section","heading":"Action to correct wrong inclusion of a lot","content":"### sec.186 Action to correct wrong inclusion of a lot\n\nIf the registrar is satisfied that section 185 (1) (g) applies to an indefeasible title, the registrar may correct the indefeasible title.\nA person affected by the correction may apply to the Supreme Court for an order that the correction be amended or set aside.\nThe application must be made within 1 month after the person receives written notice of the correction.\ns 186 amd 2001 No. 57 s 7\n(sec.186-ssec.1) If the registrar is satisfied that section 185 (1) (g) applies to an indefeasible title, the registrar may correct the indefeasible title.\n(sec.186-ssec.2) A person affected by the correction may apply to the Supreme Court for an order that the correction be amended or set aside.\n(sec.186-ssec.3) The application must be made within 1 month after the person receives written notice of the correction.","sortOrder":348},{"sectionNumber":"sec.187","sectionType":"section","heading":"Orders by Supreme Court about fraud and competing interests","content":"### sec.187 Orders by Supreme Court about fraud and competing interests\n\nIf there has been fraud by the registered proprietor or section 185 (1) (c) , (d) , (e) , (f) or (g) or (1A) applies, the Supreme Court may make the order it considers just.\nWithout limiting subsection (1) , the Supreme Court may, by order, direct the registrar—\nto cancel or correct the indefeasible title or other particulars in the freehold land register; or\nto cancel, correct, execute or register an instrument; or\nto create a new indefeasible title; or\nto issue a new instrument; or\nto do anything else.\ns 187 amd 2001 No. 57 s 7 ; 2005 No. 68 s 102\n(sec.187-ssec.1) If there has been fraud by the registered proprietor or section 185 (1) (c) , (d) , (e) , (f) or (g) or (1A) applies, the Supreme Court may make the order it considers just.\n(sec.187-ssec.2) Without limiting subsection (1) , the Supreme Court may, by order, direct the registrar— to cancel or correct the indefeasible title or other particulars in the freehold land register; or to cancel, correct, execute or register an instrument; or to create a new indefeasible title; or to issue a new instrument; or to do anything else.\n- (a) to cancel or correct the indefeasible title or other particulars in the freehold land register; or\n- (b) to cancel, correct, execute or register an instrument; or\n- (c) to create a new indefeasible title; or\n- (d) to issue a new instrument; or\n- (e) to do anything else.","sortOrder":349},{"sectionNumber":"sec.188","sectionType":"section","heading":"Compensation for deprivation of lot or interest in lot","content":"### sec.188 Compensation for deprivation of lot or interest in lot\n\nThis section applies if a person (the claimant ) is deprived of a lot, or an interest in a lot, because of—\nthe fraud of another person; or\nthe incorrect creation of an indefeasible title in the name of another person; or\nincorrect registration; or\nan error in an indefeasible title or in the freehold land register; or\ntampering with the freehold land register; or\nloss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or\nan omission, mistake, breach of duty, negligence or misfeasance—\nof or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or\nof or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or\nthe exercise by the registrar of a power in relation to an application or dealing with which the person had no connection.\nThe claimant is entitled to compensation from the State for the deprivation.\ns 188 sub 1997 No. 28 s 295 sch 3\namd 2021 No. 12 s 105\n(sec.188-ssec.1) This section applies if a person (the claimant ) is deprived of a lot, or an interest in a lot, because of— the fraud of another person; or the incorrect creation of an indefeasible title in the name of another person; or incorrect registration; or an error in an indefeasible title or in the freehold land register; or tampering with the freehold land register; or loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or an omission, mistake, breach of duty, negligence or misfeasance— of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection.\n(sec.188-ssec.2) The claimant is entitled to compensation from the State for the deprivation.\n- (a) the fraud of another person; or\n- (b) the incorrect creation of an indefeasible title in the name of another person; or\n- (c) incorrect registration; or\n- (d) an error in an indefeasible title or in the freehold land register; or\n- (e) tampering with the freehold land register; or\n- (f) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or\n- (g) an omission, mistake, breach of duty, negligence or misfeasance— (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or\n- (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or\n- (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or\n- (h) the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection.\n- (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or\n- (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or","sortOrder":350},{"sectionNumber":"sec.188A","sectionType":"section","heading":"Compensation for loss or damage","content":"### sec.188A Compensation for loss or damage\n\nThis section applies if a person (the claimant ) suffers loss or damage because of—\nthe incorrect creation of an indefeasible title in the name of another person; or\nincorrect registration; or\nan error in an indefeasible title or in the freehold land register; or\nreliance on the incorrect state of the freehold land register; or\nloss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or\nomission, mistake, breach of duty, negligence or misfeasance—\nof or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or\nof or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or\nthe exercise by the registrar of a power in relation to an application or dealing with which the person had no connection.\nThe claimant is entitled to compensation from the State for the loss or damage.\nDespite anything in subsection (1) or (2) , the claimant is not entitled to compensation under this section for loss or damage caused by the incorrectness of a register kept by the registrar if the registrar may correct the register under section 15 .\nSubsection (3) does not limit the claimant’s rights to compensation otherwise than under subsections (1) and (2) .\ns 188A ins 1997 No. 28 s 295 sch 3\namd 2017 No. 10 s 42 sch 1 ; 2021 No. 12 s 106\n(sec.188A-ssec.1) This section applies if a person (the claimant ) suffers loss or damage because of— the incorrect creation of an indefeasible title in the name of another person; or incorrect registration; or an error in an indefeasible title or in the freehold land register; or reliance on the incorrect state of the freehold land register; or loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or omission, mistake, breach of duty, negligence or misfeasance— of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection.\n(sec.188A-ssec.2) The claimant is entitled to compensation from the State for the loss or damage.\n(sec.188A-ssec.3) Despite anything in subsection (1) or (2) , the claimant is not entitled to compensation under this section for loss or damage caused by the incorrectness of a register kept by the registrar if the registrar may correct the register under section 15 .\n(sec.188A-ssec.4) Subsection (3) does not limit the claimant’s rights to compensation otherwise than under subsections (1) and (2) .\n- (a) the incorrect creation of an indefeasible title in the name of another person; or\n- (b) incorrect registration; or\n- (c) an error in an indefeasible title or in the freehold land register; or\n- (d) reliance on the incorrect state of the freehold land register; or\n- (e) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or\n- (f) omission, mistake, breach of duty, negligence or misfeasance— (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or\n- (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or\n- (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or\n- (g) the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection.\n- (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or\n- (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or","sortOrder":351},{"sectionNumber":"sec.188AA","sectionType":"section","heading":"Compensation for which claim may not be made","content":"### sec.188AA Compensation for which claim may not be made\n\nThe compensation to which a claimant is entitled under section 188 or 188A does not include compensation for personal injury.\nIn subsection (1) —\npersonal injury includes loss of income, including loss of income claimed to arise from personal injury, and psychological and psychiatric injury.\ns 188AA ins 2005 No. 68 s 104\n(sec.188AA-ssec.1) The compensation to which a claimant is entitled under section 188 or 188A does not include compensation for personal injury.\n(sec.188AA-ssec.2) In subsection (1) — personal injury includes loss of income, including loss of income claimed to arise from personal injury, and psychological and psychiatric injury.","sortOrder":352},{"sectionNumber":"sec.188B","sectionType":"section","heading":"Order by Supreme Court about deprivation, loss or damage","content":"### sec.188B Order by Supreme Court about deprivation, loss or damage\n\nFor section 188 or 188A , a claimant may apply to the Supreme Court for an order—\nfor compensation to be paid by the State; or\ndirecting the registrar to take stated action.\nThe court may make the order it considers just.\nWithout limiting subsection (2) , the court may by order direct the registrar to—\ncancel or correct an indefeasible title or other particulars in the freehold land register; or\ncreate a new indefeasible title; or\nissue a new instrument; or\ndo anything else.\nThe court may join any other person it considers appropriate in a proceeding under this section.\ns 188B ins 1997 No. 28 s 295 sch 3\namd 2005 No. 68 s 105\n(sec.188B-ssec.1) For section 188 or 188A , a claimant may apply to the Supreme Court for an order— for compensation to be paid by the State; or directing the registrar to take stated action.\n(sec.188B-ssec.2) The court may make the order it considers just.\n(sec.188B-ssec.3) Without limiting subsection (2) , the court may by order direct the registrar to— cancel or correct an indefeasible title or other particulars in the freehold land register; or create a new indefeasible title; or issue a new instrument; or do anything else.\n(sec.188B-ssec.4) The court may join any other person it considers appropriate in a proceeding under this section.\n- (a) for compensation to be paid by the State; or\n- (b) directing the registrar to take stated action.\n- (a) cancel or correct an indefeasible title or other particulars in the freehold land register; or\n- (b) create a new indefeasible title; or\n- (c) issue a new instrument; or\n- (d) do anything else.","sortOrder":353},{"sectionNumber":"sec.188C","sectionType":"section","heading":"Time limit for claim","content":"### sec.188C Time limit for claim\n\nA person applying to the Supreme Court under section 188B for compensation under section 188 or 188A must make the application—\nwithin 12 years after the person becomes aware, or ought reasonably to have become aware, of the circumstances giving rise to the entitlement to compensation; or\nwithin a longer period the court considers just.\ns 188C ins 2005 No. 68 s 106\n- (a) within 12 years after the person becomes aware, or ought reasonably to have become aware, of the circumstances giving rise to the entitlement to compensation; or\n- (b) within a longer period the court considers just.","sortOrder":354},{"sectionNumber":"sec.188D","sectionType":"section","heading":"No right of subrogation for insurers","content":"### sec.188D No right of subrogation for insurers\n\nAn insurer can not be subrogated to another person in relation to the other person’s entitlement to claim compensation under section 188 or 188A .\nIn this section—\ninsurer means a person who carries on an insurance business within the meaning of the Insurance Act 1973 (Cwlth) .\ns 188D ins 2005 No. 68 s 106\n(sec.188D-ssec.1) An insurer can not be subrogated to another person in relation to the other person’s entitlement to claim compensation under section 188 or 188A .\n(sec.188D-ssec.2) In this section— insurer means a person who carries on an insurance business within the meaning of the Insurance Act 1973 (Cwlth) .","sortOrder":355},{"sectionNumber":"sec.189","sectionType":"section","heading":"Matters for which there is no entitlement to compensation","content":"### sec.189 Matters for which there is no entitlement to compensation\n\nA person is not entitled to compensation from the State for deprivation, loss or damage—\nbecause of a breach of a trust or fiduciary duty (whether express, implied or constructive) including a breach of duty arising in the administration of the estate of a deceased person; or\nif the deprivation, loss or damage can fairly be attributed to the person’s failure, as original mortgagee under section 11A , or as mortgage transferee under section 11B , to take the steps required under section 11A (2) or 11B (2) ; or\nif the person, a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation, loss or damage by fraud, neglect or wilful default, including, for example, failure to take reasonable steps in response to a notice that the registrar intended to create a new indefeasible title for the relevant lot; or\nsuffered by a corporation through the improper use of its seal or by an act of an authorised signatory of the corporation who exceeds the signatory’s authority; or\ncaused when the registrar corrected an indefeasible title that mistakenly included the person’s land, unless the person suffered loss or damage under section 188A (1) (d) ; or\nbecause of an error in the location of a lot’s boundaries or in a lot’s area; or\nbecause of an excess or shortage in area of a lot according to a plan lodged in the land registry; or\nif the loss, damage or deprivation arises out of a matter about which the registrar is by an Act or law, either expressly or by necessary implication, excused from inquiring; or\nbecause of the registrar’s lodgement or continuation of a caveat prepared and registered under section 17 ; or\nbecause the particulars of an easement over a lot have been omitted from the freehold land register; or\nbecause of the misdescription of the particulars of an easement in the freehold land register; or\nbecause of the recording or keeping of information or anything else under section 28 (2) , 29 or 34 , if—\nthe information or thing, as recorded or kept, is incorrect; and\nthe information or thing was given to the registrar for recording or keeping by another entity; and\nthe incorrectness was not because of an error of the registrar in the recording or keeping.\nA failure to obtain a certificate of title for a lot may not be taken into account in considering whether, under subsection (1) (b) , a person, or a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation of the lot or an interest in the lot.\nSection 185 (3) , (4) and (6) applies for subsection (1) (j) in the same way it applies for section 185 (1) (c) .\nIn this section—\ncertificate of title means a certificate of title issued under this Act before the commencement of the Land, Explosives and Other Legislation Amendment Act 2019 , part 9 , division 3 .\nindemnified legal practitioner means a legal practitioner covered by indemnity insurance (however described) under the Legal Profession Act 2007 or a law of another jurisdiction that corresponds to the provisions about indemnity insurance under that Act.\ns 189 amd 1996 No. 21 s 6 (retro); 1997 No. 28 s 295 sch 3 ; 2004 No. 11 s 596 sch 1 ; 2005 No. 68 s 107 ; 2007 No. 24 s 770 sch 1 ; 2010 No. 12 s 197 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 29 s 114 ; 2019 No. 7 s 246\n(sec.189-ssec.1) A person is not entitled to compensation from the State for deprivation, loss or damage— because of a breach of a trust or fiduciary duty (whether express, implied or constructive) including a breach of duty arising in the administration of the estate of a deceased person; or if the deprivation, loss or damage can fairly be attributed to the person’s failure, as original mortgagee under section 11A , or as mortgage transferee under section 11B , to take the steps required under section 11A (2) or 11B (2) ; or if the person, a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation, loss or damage by fraud, neglect or wilful default, including, for example, failure to take reasonable steps in response to a notice that the registrar intended to create a new indefeasible title for the relevant lot; or suffered by a corporation through the improper use of its seal or by an act of an authorised signatory of the corporation who exceeds the signatory’s authority; or caused when the registrar corrected an indefeasible title that mistakenly included the person’s land, unless the person suffered loss or damage under section 188A (1) (d) ; or because of an error in the location of a lot’s boundaries or in a lot’s area; or because of an excess or shortage in area of a lot according to a plan lodged in the land registry; or if the loss, damage or deprivation arises out of a matter about which the registrar is by an Act or law, either expressly or by necessary implication, excused from inquiring; or because of the registrar’s lodgement or continuation of a caveat prepared and registered under section 17 ; or because the particulars of an easement over a lot have been omitted from the freehold land register; or because of the misdescription of the particulars of an easement in the freehold land register; or because of the recording or keeping of information or anything else under section 28 (2) , 29 or 34 , if— the information or thing, as recorded or kept, is incorrect; and the information or thing was given to the registrar for recording or keeping by another entity; and the incorrectness was not because of an error of the registrar in the recording or keeping.\n(sec.189-ssec.1A) A failure to obtain a certificate of title for a lot may not be taken into account in considering whether, under subsection (1) (b) , a person, or a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation of the lot or an interest in the lot.\n(sec.189-ssec.1B) Section 185 (3) , (4) and (6) applies for subsection (1) (j) in the same way it applies for section 185 (1) (c) .\n(sec.189-ssec.2) In this section— certificate of title means a certificate of title issued under this Act before the commencement of the Land, Explosives and Other Legislation Amendment Act 2019 , part 9 , division 3 . indemnified legal practitioner means a legal practitioner covered by indemnity insurance (however described) under the Legal Profession Act 2007 or a law of another jurisdiction that corresponds to the provisions about indemnity insurance under that Act.\n- (a) because of a breach of a trust or fiduciary duty (whether express, implied or constructive) including a breach of duty arising in the administration of the estate of a deceased person; or\n- (ab) if the deprivation, loss or damage can fairly be attributed to the person’s failure, as original mortgagee under section 11A , or as mortgage transferee under section 11B , to take the steps required under section 11A (2) or 11B (2) ; or\n- (b) if the person, a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation, loss or damage by fraud, neglect or wilful default, including, for example, failure to take reasonable steps in response to a notice that the registrar intended to create a new indefeasible title for the relevant lot; or\n- (d) suffered by a corporation through the improper use of its seal or by an act of an authorised signatory of the corporation who exceeds the signatory’s authority; or\n- (e) caused when the registrar corrected an indefeasible title that mistakenly included the person’s land, unless the person suffered loss or damage under section 188A (1) (d) ; or\n- (f) because of an error in the location of a lot’s boundaries or in a lot’s area; or\n- (g) because of an excess or shortage in area of a lot according to a plan lodged in the land registry; or\n- (h) if the loss, damage or deprivation arises out of a matter about which the registrar is by an Act or law, either expressly or by necessary implication, excused from inquiring; or\n- (i) because of the registrar’s lodgement or continuation of a caveat prepared and registered under section 17 ; or\n- (j) because the particulars of an easement over a lot have been omitted from the freehold land register; or\n- (k) because of the misdescription of the particulars of an easement in the freehold land register; or\n- (l) because of the recording or keeping of information or anything else under section 28 (2) , 29 or 34 , if— (i) the information or thing, as recorded or kept, is incorrect; and (ii) the information or thing was given to the registrar for recording or keeping by another entity; and (iii) the incorrectness was not because of an error of the registrar in the recording or keeping.\n- (i) the information or thing, as recorded or kept, is incorrect; and\n- (ii) the information or thing was given to the registrar for recording or keeping by another entity; and\n- (iii) the incorrectness was not because of an error of the registrar in the recording or keeping.\n- (i) the information or thing, as recorded or kept, is incorrect; and\n- (ii) the information or thing was given to the registrar for recording or keeping by another entity; and\n- (iii) the incorrectness was not because of an error of the registrar in the recording or keeping.","sortOrder":356},{"sectionNumber":"sec.189A","sectionType":"section","heading":"Limit on amounts recoverable by mortgagee","content":"### sec.189A Limit on amounts recoverable by mortgagee\n\nThis section applies if—\na person (the mortgagee ) is recorded in the freehold land register as a mortgagee of a lot, or an interest in a lot, under an instrument of mortgage; and\nthe execution of the instrument of mortgage involved, or was associated with, fraud against a person (the defrauded person ) who is or was a registered proprietor of the lot; and\nA person engages in fraud by executing the instrument of mortgage, pretending to be the registered proprietor.\nA person executes the instrument of mortgage as registered proprietor, having first engaged in fraud by executing an instrument of transfer, pretending to be the registered proprietor.\nthe mortgagee is entitled to—\nif the lot or interest is sold—any proceeds of the sale; or\npayment of an amount under the mortgage, if the mortgage is otherwise discharged; and\nif the position of the defrauded person in relation to the lot or interest is not otherwise rectified, the defrauded person will be entitled to compensation under section 188 for deprivation of the lot or interest.\nSubsections (3) and (4) —\napply to limit the interest and costs components of the proceeds of sale or an amount that the mortgagee is entitled to under the mortgage; and\napply despite anything to the contrary in the instrument of mortgage (including any associated document).\nThe rate of interest to be applied for calculating the interest component for any particular day for which the instrument of mortgage was in effect must not exceed—\nif the rate of interest provided for under the instrument of mortgage for the day is less than or equal to the official cash rate for the day plus 2%—the rate of interest provided for under the instrument; or\nif the rate of interest provided for under the instrument of mortgage for the day is greater than the official cash rate for the day plus 2%—the total of the following—\nthe official cash rate for the day;\n2%.\nThe costs component must be limited to the costs incurred by the mortgagee in directly protecting the mortgagee’s interest as mortgagee of the lot or the interest in a lot, to the extent the costs were reasonably incurred.\ninsurance premiums, rates, land taxes\ncosts of entry into possession, costs of exercising power of sale\nIn this section—\ncosts component means costs incurred by the mortgagee in relation to the mortgage.\nofficial cash rate , for a day, means the Reserve Bank of Australia’s official cash rate for the day.\ns 189A ins 2005 No. 68 s 108\namd 2007 No. 19 s 209 ; 2010 No. 12 s 198\n(sec.189A-ssec.1) This section applies if— a person (the mortgagee ) is recorded in the freehold land register as a mortgagee of a lot, or an interest in a lot, under an instrument of mortgage; and the execution of the instrument of mortgage involved, or was associated with, fraud against a person (the defrauded person ) who is or was a registered proprietor of the lot; and A person engages in fraud by executing the instrument of mortgage, pretending to be the registered proprietor. A person executes the instrument of mortgage as registered proprietor, having first engaged in fraud by executing an instrument of transfer, pretending to be the registered proprietor. the mortgagee is entitled to— if the lot or interest is sold—any proceeds of the sale; or payment of an amount under the mortgage, if the mortgage is otherwise discharged; and if the position of the defrauded person in relation to the lot or interest is not otherwise rectified, the defrauded person will be entitled to compensation under section 188 for deprivation of the lot or interest.\n(sec.189A-ssec.2) Subsections (3) and (4) — apply to limit the interest and costs components of the proceeds of sale or an amount that the mortgagee is entitled to under the mortgage; and apply despite anything to the contrary in the instrument of mortgage (including any associated document).\n(sec.189A-ssec.3) The rate of interest to be applied for calculating the interest component for any particular day for which the instrument of mortgage was in effect must not exceed— if the rate of interest provided for under the instrument of mortgage for the day is less than or equal to the official cash rate for the day plus 2%—the rate of interest provided for under the instrument; or if the rate of interest provided for under the instrument of mortgage for the day is greater than the official cash rate for the day plus 2%—the total of the following— the official cash rate for the day; 2%.\n(sec.189A-ssec.4) The costs component must be limited to the costs incurred by the mortgagee in directly protecting the mortgagee’s interest as mortgagee of the lot or the interest in a lot, to the extent the costs were reasonably incurred. insurance premiums, rates, land taxes costs of entry into possession, costs of exercising power of sale\n(sec.189A-ssec.5) In this section— costs component means costs incurred by the mortgagee in relation to the mortgage. official cash rate , for a day, means the Reserve Bank of Australia’s official cash rate for the day.\n- (a) a person (the mortgagee ) is recorded in the freehold land register as a mortgagee of a lot, or an interest in a lot, under an instrument of mortgage; and\n- (b) the execution of the instrument of mortgage involved, or was associated with, fraud against a person (the defrauded person ) who is or was a registered proprietor of the lot; and Examples— 1 A person engages in fraud by executing the instrument of mortgage, pretending to be the registered proprietor. 2 A person executes the instrument of mortgage as registered proprietor, having first engaged in fraud by executing an instrument of transfer, pretending to be the registered proprietor.\n- 1 A person engages in fraud by executing the instrument of mortgage, pretending to be the registered proprietor.\n- 2 A person executes the instrument of mortgage as registered proprietor, having first engaged in fraud by executing an instrument of transfer, pretending to be the registered proprietor.\n- (c) the mortgagee is entitled to— (i) if the lot or interest is sold—any proceeds of the sale; or (ii) payment of an amount under the mortgage, if the mortgage is otherwise discharged; and\n- (i) if the lot or interest is sold—any proceeds of the sale; or\n- (ii) payment of an amount under the mortgage, if the mortgage is otherwise discharged; and\n- (d) if the position of the defrauded person in relation to the lot or interest is not otherwise rectified, the defrauded person will be entitled to compensation under section 188 for deprivation of the lot or interest.\n- 1 A person engages in fraud by executing the instrument of mortgage, pretending to be the registered proprietor.\n- 2 A person executes the instrument of mortgage as registered proprietor, having first engaged in fraud by executing an instrument of transfer, pretending to be the registered proprietor.\n- (i) if the lot or interest is sold—any proceeds of the sale; or\n- (ii) payment of an amount under the mortgage, if the mortgage is otherwise discharged; and\n- (a) apply to limit the interest and costs components of the proceeds of sale or an amount that the mortgagee is entitled to under the mortgage; and\n- (b) apply despite anything to the contrary in the instrument of mortgage (including any associated document).\n- (a) if the rate of interest provided for under the instrument of mortgage for the day is less than or equal to the official cash rate for the day plus 2%—the rate of interest provided for under the instrument; or\n- (b) if the rate of interest provided for under the instrument of mortgage for the day is greater than the official cash rate for the day plus 2%—the total of the following— (i) the official cash rate for the day; (ii) 2%.\n- (i) the official cash rate for the day;\n- (ii) 2%.\n- (i) the official cash rate for the day;\n- (ii) 2%.","sortOrder":357},{"sectionNumber":"sec.190","sectionType":"section","heading":"State’s right of subrogation","content":"### sec.190 State’s right of subrogation\n\nOn payment of any compensation under section 188 or 188A , the State is subrogated to the rights of the claimant against any other person, in relation to the deprivation, loss or damage under the section.\nIf the State, in exercising its rights under subsection (1) , receives an amount that is more than the amount it paid to the claimant, the State must pay the difference to the claimant after deduction of the State’s costs.\ns 190 amd 1997 No. 28 s 295 sch 3 ; 2005 No. 68 s 109\n(sec.190-ssec.1) On payment of any compensation under section 188 or 188A , the State is subrogated to the rights of the claimant against any other person, in relation to the deprivation, loss or damage under the section.\n(sec.190-ssec.2) If the State, in exercising its rights under subsection (1) , receives an amount that is more than the amount it paid to the claimant, the State must pay the difference to the claimant after deduction of the State’s costs.","sortOrder":358},{"sectionNumber":"pt.10","sectionType":"part","heading":"Liens","content":"# Liens","sortOrder":359},{"sectionNumber":"sec.191","sectionType":"section","heading":"Vendor does not have equitable lien","content":"### sec.191 Vendor does not have equitable lien\n\nA vendor of a lot does not have an equitable lien on the lot because of the purchaser’s failure to pay all or part of the purchase price for the lot.","sortOrder":360},{"sectionNumber":"pt.10A","sectionType":"part","heading":null,"content":"","sortOrder":361},{"sectionNumber":"sec.191A","sectionType":"section","heading":null,"content":"### Section sec.191A\n\ns 191A ins 2005 No. 68 s 110\nom 2010 No. 12 s 200","sortOrder":362},{"sectionNumber":"sec.191B","sectionType":"section","heading":null,"content":"### Section sec.191B\n\ns 191B ins 2005 No. 68 s 110\namd 2008 No. 58 s 34 ; 2009 No. 43 s 57\nom 2010 No. 12 s 200","sortOrder":363},{"sectionNumber":"sec.191C","sectionType":"section","heading":null,"content":"### Section sec.191C\n\ns 191C ins 2005 No. 68 s 110\nom 2010 No. 12 s 200","sortOrder":364},{"sectionNumber":"sec.191D","sectionType":"section","heading":null,"content":"### Section sec.191D\n\ns 191D ins 2005 No. 68 s 110\namd 2009 No. 36 s 872 sch 2\nom 2010 No. 12 s 200","sortOrder":365},{"sectionNumber":"sec.191E","sectionType":"section","heading":null,"content":"### Section sec.191E\n\ns 191E ins 2005 No. 68 s 110\namd 2009 No. 36 s 872 sch 2\nom 2010 No. 12 s 200","sortOrder":366},{"sectionNumber":"sec.191F","sectionType":"section","heading":null,"content":"### Section sec.191F\n\ns 191F ins 2005 No. 68 s 110\nom 2010 No. 12 s 200","sortOrder":367},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":368},{"sectionNumber":"sec.192","sectionType":"section","heading":"Words and expressions used in instruments under Act","content":"### sec.192 Words and expressions used in instruments under Act\n\nWords and expressions used in instruments made or executed under this Act and also in this Act have the same respective meanings in the instruments as they have in this Act.\nThe application of subsection (1) to an instrument may be displaced, wholly or partly, by a contrary intention appearing in the instrument.\ns 192 prev s 192 exp 24 April 1995 (see prev s 192(3))\n(sec.192-ssec.1) Words and expressions used in instruments made or executed under this Act and also in this Act have the same respective meanings in the instruments as they have in this Act.\n(sec.192-ssec.2) The application of subsection (1) to an instrument may be displaced, wholly or partly, by a contrary intention appearing in the instrument.","sortOrder":369},{"sectionNumber":"sec.193","sectionType":"section","heading":"Protection from liability","content":"### sec.193 Protection from liability\n\nThis section applies to the registrar and public service employees of the department performing a function or carrying out a duty under this Act.\nSee the Queensland Future Fund (Titles Registry) Act 2021 , section 45 in relation to protection from liability for employees of the titles registry operator.\nA person to whom this section applies is not civilly liable for an act or omission done honestly and without negligence under this Act.\nIf subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.\ns 193 amd 2021 No. 12 s 107\n(sec.193-ssec.1) This section applies to the registrar and public service employees of the department performing a function or carrying out a duty under this Act. See the Queensland Future Fund (Titles Registry) Act 2021 , section 45 in relation to protection from liability for employees of the titles registry operator.\n(sec.193-ssec.2) A person to whom this section applies is not civilly liable for an act or omission done honestly and without negligence under this Act.\n(sec.193-ssec.3) If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.","sortOrder":370},{"sectionNumber":"sec.194","sectionType":"section","heading":"Approved forms","content":"### sec.194 Approved forms\n\nThe registrar may approve forms for use under this Act.\ns 194 amd 1994 No. 33 s 15 (retro)\nsub 2021 No. 12 s 108","sortOrder":371},{"sectionNumber":"sec.195","sectionType":"section","heading":"Reference to instrument is reference to instrument completed in appropriate form","content":"### sec.195 Reference to instrument is reference to instrument completed in appropriate form\n\nIn this Act, a reference to a particular type of instrument is a reference to the instrument completed in the appropriate form.","sortOrder":372},{"sectionNumber":"sec.196","sectionType":"section","heading":"References in instruments to a person with an interest in a lot includes personal representatives etc.","content":"### sec.196 References in instruments to a person with an interest in a lot includes personal representatives etc.\n\nIn an instrument made or executed under this Act, a reference to a person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, lessee, trustee or as having an interest in a lot includes a reference to the person’s personal representatives, successors and assigns.\nThe application of this section may be displaced, wholly or partly, by a contrary intention appearing in the instrument.\n(sec.196-ssec.1) In an instrument made or executed under this Act, a reference to a person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, lessee, trustee or as having an interest in a lot includes a reference to the person’s personal representatives, successors and assigns.\n(sec.196-ssec.2) The application of this section may be displaced, wholly or partly, by a contrary intention appearing in the instrument.","sortOrder":373},{"sectionNumber":"sec.196A","sectionType":"section","heading":"Publication of particular public notices on department’s website","content":"### sec.196A Publication of particular public notices on department’s website\n\nThis section applies if the registrar is required under this Act to give a public notice, unless the notice is a gazette notice.\nThis section applies even if this Act provides for a particular way in which the notice must be given.\nThe registrar must ensure the notice is published on each relevant website for a total of at least 10 business days.\nThe 10 business days may be, but need not necessarily be, consecutive.\nSubsection (3) does not prevent the registrar from also giving the notice in another way the registrar considers appropriate.\nIn deciding to give the notice in another way, the registrar must consider the intended audience for the notice.\nIn this section—\ngive , for a notice, includes advertising it.\nnotice includes an advertisement.\npublic notice means a notice of a public nature that is not required only to be given, or only intended for, a particular person or group of persons.\nrelevant website means—\nthe department’s website; and\nfor a public notice relating to a titles registry function that has been delegated to the titles registry operator under this Act—the operator’s website.\ns 196A ins 2010 No. 12 s 199\namd 2021 No. 12 s 109\n(sec.196A-ssec.1) This section applies if the registrar is required under this Act to give a public notice, unless the notice is a gazette notice.\n(sec.196A-ssec.2) This section applies even if this Act provides for a particular way in which the notice must be given.\n(sec.196A-ssec.3) The registrar must ensure the notice is published on each relevant website for a total of at least 10 business days.\n(sec.196A-ssec.4) The 10 business days may be, but need not necessarily be, consecutive.\n(sec.196A-ssec.5) Subsection (3) does not prevent the registrar from also giving the notice in another way the registrar considers appropriate.\n(sec.196A-ssec.6) In deciding to give the notice in another way, the registrar must consider the intended audience for the notice.\n(sec.196A-ssec.7) In this section— give , for a notice, includes advertising it. notice includes an advertisement. public notice means a notice of a public nature that is not required only to be given, or only intended for, a particular person or group of persons. relevant website means— the department’s website; and for a public notice relating to a titles registry function that has been delegated to the titles registry operator under this Act—the operator’s website.\n- (a) the department’s website; and\n- (b) for a public notice relating to a titles registry function that has been delegated to the titles registry operator under this Act—the operator’s website.","sortOrder":374},{"sectionNumber":"sec.197","sectionType":"section","heading":"Service","content":"### sec.197 Service\n\nA notice required or permitted to be served on a person under this Act (a land title notice ) may be served on the person’s agent.\nSubsection (1) does not apply to a notice required or permitted to be served on a caveator under part 7 , division 2 .\nSee section 131 in relation to the service of notices on a caveator.\nThe Supreme Court may order that a land title notice required or permitted to be served on a person under this Act be served in the way directed by the Supreme Court.\nThe Supreme Court may make an order under subsection (3) if, for example, the person—\nis not known; or\ncan not be found and has no known agent; or\nis dead and has no personal representative.\nThe Supreme Court may dispense with service of a land title notice if it is satisfied that it is appropriate to dispense with service of the notice.\ns 197 amd 2019 No. 7 s 237\n(sec.197-ssec.1) A notice required or permitted to be served on a person under this Act (a land title notice ) may be served on the person’s agent.\n(sec.197-ssec.2) Subsection (1) does not apply to a notice required or permitted to be served on a caveator under part 7 , division 2 . See section 131 in relation to the service of notices on a caveator.\n(sec.197-ssec.3) The Supreme Court may order that a land title notice required or permitted to be served on a person under this Act be served in the way directed by the Supreme Court.\n(sec.197-ssec.4) The Supreme Court may make an order under subsection (3) if, for example, the person— is not known; or can not be found and has no known agent; or is dead and has no personal representative.\n(sec.197-ssec.5) The Supreme Court may dispense with service of a land title notice if it is satisfied that it is appropriate to dispense with service of the notice.\n- (a) is not known; or\n- (b) can not be found and has no known agent; or\n- (c) is dead and has no personal representative.","sortOrder":375},{"sectionNumber":"sec.198","sectionType":"section","heading":"Delivery of paper documents","content":"### sec.198 Delivery of paper documents\n\nThis section applies if the registrar is required or permitted to return—\na document that has been lodged or deposited in paper form; or\na document in paper form that is a representation of an electronic conveyancing document.\nThe registrar may return the document by leaving it at a place designated for the purpose in the land registry.\ns 198 sub 2013 No. 17 s 49\n(sec.198-ssec.1) This section applies if the registrar is required or permitted to return— a document that has been lodged or deposited in paper form; or a document in paper form that is a representation of an electronic conveyancing document.\n(sec.198-ssec.2) The registrar may return the document by leaving it at a place designated for the purpose in the land registry.\n- (a) a document that has been lodged or deposited in paper form; or\n- (b) a document in paper form that is a representation of an electronic conveyancing document.","sortOrder":376},{"sectionNumber":"sec.198A","sectionType":"section","heading":"Supply of statistical data","content":"### sec.198A Supply of statistical data\n\nThe registrar may enter into an agreement to supply statistical data derived from instruments or information kept in the land registry.\nIf the registrar supplies statistical data under subsection (1) —\nthe fees and charges applying for the supply of the data are the fees and charges agreed to in the agreement; and\nwithout limiting paragraph (a) , the agreement may also state—\nhow the fees and charges are to be calculated; and\nhow payment of the fees and charges is to be made.\nWithout limiting subsection (1) , an agreement for the supply of statistical data may limit the use to which the data supplied may be put.\nAn agreement for the supply of statistical data must include—\na provision allowing the registrar to exclude particulars from data supplied under the agreement, if the registrar is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and\na provision allowing the registrar to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement.\nAn agreement under this section must not provide for the obtaining of information or anything else that may be obtained under a search under section 35 , other than section 35 (1) (a) (iv) .\nThe registrar must exclude land particulars and personal information from data supplied under the agreement.\nSubsection (6) applies despite anything in the agreement.\nIf the registrar delegates the registrar’s function of keeping the land registry to the titles registry operator, this section applies as if each reference to the registrar were a reference to the operator.\nIn this section—\nland particulars means particulars from any instrument or information kept by the registrar that may allow a person to identify a lot to which the instrument or information relates.\npersonal information means a particular from any instrument or information kept by the registrar that may allow a person to identify a person to whom the instrument or information relates.\ns 198A ins 2005 No. 68 s 111\namd 2021 No. 12 s 110\n(sec.198A-ssec.1) The registrar may enter into an agreement to supply statistical data derived from instruments or information kept in the land registry.\n(sec.198A-ssec.2) If the registrar supplies statistical data under subsection (1) — the fees and charges applying for the supply of the data are the fees and charges agreed to in the agreement; and without limiting paragraph (a) , the agreement may also state— how the fees and charges are to be calculated; and how payment of the fees and charges is to be made.\n(sec.198A-ssec.3) Without limiting subsection (1) , an agreement for the supply of statistical data may limit the use to which the data supplied may be put.\n(sec.198A-ssec.4) An agreement for the supply of statistical data must include— a provision allowing the registrar to exclude particulars from data supplied under the agreement, if the registrar is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and a provision allowing the registrar to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement.\n(sec.198A-ssec.5) An agreement under this section must not provide for the obtaining of information or anything else that may be obtained under a search under section 35 , other than section 35 (1) (a) (iv) .\n(sec.198A-ssec.6) The registrar must exclude land particulars and personal information from data supplied under the agreement.\n(sec.198A-ssec.7) Subsection (6) applies despite anything in the agreement.\n(sec.198A-ssec.8) If the registrar delegates the registrar’s function of keeping the land registry to the titles registry operator, this section applies as if each reference to the registrar were a reference to the operator.\n(sec.198A-ssec.9) In this section— land particulars means particulars from any instrument or information kept by the registrar that may allow a person to identify a lot to which the instrument or information relates. personal information means a particular from any instrument or information kept by the registrar that may allow a person to identify a person to whom the instrument or information relates.\n- (a) the fees and charges applying for the supply of the data are the fees and charges agreed to in the agreement; and\n- (b) without limiting paragraph (a) , the agreement may also state— (i) how the fees and charges are to be calculated; and (ii) how payment of the fees and charges is to be made.\n- (i) how the fees and charges are to be calculated; and\n- (ii) how payment of the fees and charges is to be made.\n- (i) how the fees and charges are to be calculated; and\n- (ii) how payment of the fees and charges is to be made.\n- (a) a provision allowing the registrar to exclude particulars from data supplied under the agreement, if the registrar is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and\n- (b) a provision allowing the registrar to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement.","sortOrder":377},{"sectionNumber":"sec.198B","sectionType":"section","heading":"Fees for titles registry functions","content":"### sec.198B Fees for titles registry functions\n\nThe fees provided under the Queensland Future Fund (Titles Registry) Act 2021 are payable in relation to a titles registry function performed under this Act.\nSee the Queensland Future Fund (Titles Registry) Act 2021 , part 3 .\ns 198B ins 2021 No. 12 s 111","sortOrder":378},{"sectionNumber":"sec.199","sectionType":"section","heading":"Regulation-making power","content":"### sec.199 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may require the following to be lodged or deposited using an Electronic Lodgment Network—\ninstruments or other documents of a stated class;\ninstruments or other documents lodged or deposited by a person of a stated class.\nA regulation may create offences and prescribe penalties of not more than 5 penalty units for the offences.\nIn this section—\nElectronic Lodgment Network has the meaning given by the Electronic Conveyancing National Law (Queensland) , section 13 .\ns 199 amd 1997 No. 28 s 295 sch 3 ; 2019 No. 7 s 238 ; 2021 No. 12 s 112\n(sec.199-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.199-ssec.2) A regulation may require the following to be lodged or deposited using an Electronic Lodgment Network— instruments or other documents of a stated class; instruments or other documents lodged or deposited by a person of a stated class.\n(sec.199-ssec.3) A regulation may create offences and prescribe penalties of not more than 5 penalty units for the offences.\n(sec.199-ssec.4) In this section— Electronic Lodgment Network has the meaning given by the Electronic Conveyancing National Law (Queensland) , section 13 .\n- (a) instruments or other documents of a stated class;\n- (b) instruments or other documents lodged or deposited by a person of a stated class.","sortOrder":379},{"sectionNumber":"pt.12","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":380},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Savings and transitional provisions for Act No. 11 of 1994","content":"## Savings and transitional provisions for Act No. 11 of 1994","sortOrder":381},{"sectionNumber":"sec.200","sectionType":"section","heading":"Things made under repealed Acts","content":"### sec.200 Things made under repealed Acts\n\nIn this section—\ndone includes issued, recorded, entered, kept, granted, declared, registered, lodged, deposited, produced, transferred, created, served, given, acquired, required, executed, removed, noted, sealed, imprinted, witnessed, advertised and anything else prescribed by regulation for this definition.\nEverything done under an Act repealed by this Act, is as effective as if it had been done under this Act.\nThe Acts repealed by this Act included the following—\nReal Property Act 1861\nReal Property Act 1877\nReal Property (Commonwealth Titles) Act 1924\nReal Property (Commonwealth Defence Notification) Act 1929 .\n(sec.200-ssec.1) In this section— done includes issued, recorded, entered, kept, granted, declared, registered, lodged, deposited, produced, transferred, created, served, given, acquired, required, executed, removed, noted, sealed, imprinted, witnessed, advertised and anything else prescribed by regulation for this definition.\n(sec.200-ssec.2) Everything done under an Act repealed by this Act, is as effective as if it had been done under this Act. The Acts repealed by this Act included the following— Real Property Act 1861 Real Property Act 1877 Real Property (Commonwealth Titles) Act 1924 Real Property (Commonwealth Defence Notification) Act 1929 .\n- • Real Property Act 1861\n- • Real Property Act 1877\n- • Real Property (Commonwealth Titles) Act 1924\n- • Real Property (Commonwealth Defence Notification) Act 1929 .","sortOrder":382},{"sectionNumber":"sec.201","sectionType":"section","heading":"Interests and certificates of title under repealed Acts","content":"### sec.201 Interests and certificates of title under repealed Acts\n\nOn the commencement of this section—\neach interest in freehold land held by a person immediately before the commencement, and recorded under an Act repealed by this Act, is taken to be an interest held by the person in the freehold land register; and\neach certificate of title, duplicate certificate of title or deed of grant (other than a deed of grant prescribed by regulation) issued under an Act repealed by this Act before the commencement is taken to be a certificate of title issued under this Act.\nThe registrar must do everything necessary or desirable to ensure that the particulars of each interest mentioned in subsection (1) are fully and accurately recorded in the freehold land register.\n(sec.201-ssec.1) On the commencement of this section— each interest in freehold land held by a person immediately before the commencement, and recorded under an Act repealed by this Act, is taken to be an interest held by the person in the freehold land register; and each certificate of title, duplicate certificate of title or deed of grant (other than a deed of grant prescribed by regulation) issued under an Act repealed by this Act before the commencement is taken to be a certificate of title issued under this Act.\n(sec.201-ssec.2) The registrar must do everything necessary or desirable to ensure that the particulars of each interest mentioned in subsection (1) are fully and accurately recorded in the freehold land register.\n- (a) each interest in freehold land held by a person immediately before the commencement, and recorded under an Act repealed by this Act, is taken to be an interest held by the person in the freehold land register; and\n- (b) each certificate of title, duplicate certificate of title or deed of grant (other than a deed of grant prescribed by regulation) issued under an Act repealed by this Act before the commencement is taken to be a certificate of title issued under this Act.","sortOrder":383},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 ins 1994 No. 81 s 525 sch 3 (retro)\namd 1995 No. 58 s 4 sch 1\nexp 24 April 1999 (see s 202(7))\nAIA s 20A applies (see s 202(6))","sortOrder":384},{"sectionNumber":"sec.203","sectionType":"section","heading":"Effect of repeal by this Act","content":"### sec.203 Effect of repeal by this Act\n\nThe repeal of the following sections is limited in the following way—\nthe Real Property Act 1877 , section 11 continues to apply to a lease granted before this Act commenced;\nthe Real Property Acts and Other Acts Amendment Act 1986 , section 5 continues to apply to a bill of encumbrance and memorandum of transfer-and-charge registered or executed before this Act commenced;\nthe Real Property Act 1861 , sections 126 to 129 and section 135 continue to apply to claims for compensation for—\ndeprivation of an interest in a lot; and\nloss or damage caused by an error, breach of duty or wrongdoing by the registrar;\nthat happened before this Act commenced;\nthe Real Property Act 1861 , section 119A continues to apply to plans mentioned in section 83A of this Act that were lodged or registered before this Act commenced.\ns 203 amd 1998 No. 48 s 16\n- (a) the Real Property Act 1877 , section 11 continues to apply to a lease granted before this Act commenced;\n- (b) the Real Property Acts and Other Acts Amendment Act 1986 , section 5 continues to apply to a bill of encumbrance and memorandum of transfer-and-charge registered or executed before this Act commenced;\n- (c) the Real Property Act 1861 , sections 126 to 129 and section 135 continue to apply to claims for compensation for— (i) deprivation of an interest in a lot; and (ii) loss or damage caused by an error, breach of duty or wrongdoing by the registrar; that happened before this Act commenced;\n- (i) deprivation of an interest in a lot; and\n- (ii) loss or damage caused by an error, breach of duty or wrongdoing by the registrar;\n- (i) deprivation of an interest in a lot; and\n- (ii) loss or damage caused by an error, breach of duty or wrongdoing by the registrar;\n- (d) the Real Property Act 1861 , section 119A continues to apply to plans mentioned in section 83A of this Act that were lodged or registered before this Act commenced.","sortOrder":385},{"sectionNumber":"sec.204","sectionType":"section","heading":"Registration of instrument lodged before commencement of this Act","content":"### sec.204 Registration of instrument lodged before commencement of this Act\n\nIf—\nan instrument is lodged before the commencement of this Act, but is not registered before the commencement; and\nthe registrar had power to register the instrument when it was lodged;\nthe registrar may register the instrument after the commencement of this Act.\nWhen registering an instrument under subsection (1), the registrar must exercise the powers the registrar had at the time when the instrument was lodged.\n(sec.204-ssec.1) If— an instrument is lodged before the commencement of this Act, but is not registered before the commencement; and the registrar had power to register the instrument when it was lodged; the registrar may register the instrument after the commencement of this Act.\n(sec.204-ssec.2) When registering an instrument under subsection (1), the registrar must exercise the powers the registrar had at the time when the instrument was lodged.\n- (a) an instrument is lodged before the commencement of this Act, but is not registered before the commencement; and\n- (b) the registrar had power to register the instrument when it was lodged;","sortOrder":386},{"sectionNumber":"sec.205","sectionType":"section","heading":"Reference to registrar-general etc.","content":"### sec.205 Reference to registrar-general etc.\n\nA reference to the registrar-general or master of titles in an Act or document about the registration of instruments under an Act repealed by this Act is taken to be a reference to the registrar.\nSubsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 14H.\nThe application of subsection (1) to a reference is not displaced, wholly or partly, merely because the reference is accompanied by a reference to an Act repealed by this Act, or a provision of an Act repealed by this Act, as amended from time to time or as in force at a particular time.\ns 205 amd 2001 No. 57 s 7\n(sec.205-ssec.1) A reference to the registrar-general or master of titles in an Act or document about the registration of instruments under an Act repealed by this Act is taken to be a reference to the registrar.\n(sec.205-ssec.2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 14H.\n(sec.205-ssec.3) The application of subsection (1) to a reference is not displaced, wholly or partly, merely because the reference is accompanied by a reference to an Act repealed by this Act, or a provision of an Act repealed by this Act, as amended from time to time or as in force at a particular time.","sortOrder":387},{"sectionNumber":"sec.206","sectionType":"section","heading":"References to office of registrar of titles","content":"### sec.206 References to office of registrar of titles\n\nA reference in any Act or document to the office of the registrar of titles (either in those words or in words to the same effect) is taken to be a reference to the land registry.","sortOrder":388},{"sectionNumber":"sec.207","sectionType":"section","heading":"Reference to Act repealed by this Act","content":"### sec.207 Reference to Act repealed by this Act\n\nIn an Act or document, a reference to an Act repealed by this Act, or to a group of Acts repealed by this Act (whether or not as the ‘Real Property Acts’), is taken to be a reference to this Act.","sortOrder":389},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provision for Act No. 57 of 1995","content":"## Transitional provision for Act No. 57 of 1995","sortOrder":390},{"sectionNumber":"sec.208","sectionType":"section","heading":"References to registrar of dealings","content":"### sec.208 References to registrar of dealings\n\nIn an Act or document, a reference to the registrar of dealings may, if the context permits, be taken to be a reference to the registrar of titles.\ns 208 prev s 208 ins 1994 No. 81 s 525 sch 4\nom 25 April 1995 RA s 37\npres s 208 ins 1995 No. 57 s 4 sch 2","sortOrder":391},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Transitional provision for Guardianship and Administration Act 2000","content":"## Transitional provision for Guardianship and Administration Act 2000","sortOrder":392},{"sectionNumber":"sec.209","sectionType":"section","heading":"Authorisation under repealed s 136 continues for 1 year","content":"### sec.209 Authorisation under repealed s 136 continues for 1 year\n\nAn authorisation under section 136 that is in force immediately before the repeal of the section continues to have effect for 1 year after the repeal as if the section had not been repealed.\ns 209 ins 2000 No. 8 s 263 sch 3","sortOrder":393},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Transitional provision for the Legal Profession Act 2004","content":"## Transitional provision for the Legal Profession Act 2004","sortOrder":394},{"sectionNumber":"sec.210","sectionType":"section","heading":"Continuation of particular exclusion of entitlement under s 189","content":"### sec.210 Continuation of particular exclusion of entitlement under s 189\n\nThis section applies to conduct that, apart from the repeal of the Queensland Law Society Act 1952 , section 24A (the repealed section ), would constitute unlawful conduct in relation to an excluded mortgage, as mentioned in the repealed section.\nDespite the repeal, the repealed section and section 189(1)(c) continue to have effect to exclude conduct happening on or after 16 May 1996 or after the commencement of this section, that would have constituted unlawful conduct in relation to an excluded mortgage under the repealed section had that section not been repealed.\ns 210 ins 2004 No. 11 s 596 sch 1\n(sec.210-ssec.1) This section applies to conduct that, apart from the repeal of the Queensland Law Society Act 1952 , section 24A (the repealed section ), would constitute unlawful conduct in relation to an excluded mortgage, as mentioned in the repealed section.\n(sec.210-ssec.2) Despite the repeal, the repealed section and section 189(1)(c) continue to have effect to exclude conduct happening on or after 16 May 1996 or after the commencement of this section, that would have constituted unlawful conduct in relation to an excluded mortgage under the repealed section had that section not been repealed.","sortOrder":395},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":"Transitional provision for Natural Resources and Other Legislation Amendment Act 2010","content":"## Transitional provision for Natural Resources and Other Legislation Amendment Act 2010","sortOrder":396},{"sectionNumber":"sec.211","sectionType":"section","heading":"Continuing application of no compensation provision","content":"### sec.211 Continuing application of no compensation provision\n\nThe repealed section 191F continues to apply after the repeal of part 10A in relation to the operation of that part.\nIn this section—\nrepealed section 191F means section 191F as in force immediately before the commencement of this section.\ns 211 ins 2010 No. 12 s 201\n(sec.211-ssec.1) The repealed section 191F continues to apply after the repeal of part 10A in relation to the operation of that part.\n(sec.211-ssec.2) In this section— repealed section 191F means section 191F as in force immediately before the commencement of this section.","sortOrder":397},{"sectionNumber":"pt.12-div.6","sectionType":"division","heading":"Transitional provision for Land and Other Legislation Amendment Act 2017","content":"## Transitional provision for Land and Other Legislation Amendment Act 2017","sortOrder":398},{"sectionNumber":"sec.212","sectionType":"section","heading":"Existing settlement notices","content":"### sec.212 Existing settlement notices\n\nThis Act as in force before the commencement continues to apply in relation to a settlement notice that was deposited and had not lapsed or been cancelled or withdrawn before the commencement.\ns 212 ins 2017 No. 10 s 40","sortOrder":399},{"sectionNumber":"pt.12-div.7","sectionType":"division","heading":"Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","content":"## Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","sortOrder":400},{"sectionNumber":"sec.213","sectionType":"section","heading":"Application of s 54D(3)","content":"### sec.213 Application of s 54D(3)\n\nSection 54D(3) applies to a registered building management statement whether the statement was registered before or after the commencement.\ns 213 ins 2019 No. 7 s 239","sortOrder":401},{"sectionNumber":"sec.214","sectionType":"section","heading":"Definition for subdivision","content":"### sec.214 Definition for subdivision\n\nIn this subdivision—\ncertificate of title means a certificate of title issued under this Act before the commencement.\ns 214 ins 2019 No. 7 s 247","sortOrder":402},{"sectionNumber":"sec.215","sectionType":"section","heading":"Certificates of title cease to be instruments","content":"### sec.215 Certificates of title cease to be instruments\n\nOn the commencement, a certificate of title—\nceases to be an instrument under this Act; and\nceases to be evidence, conclusive or otherwise, of the indefeasible title for the lot for which it was issued.\nTo remove any doubt, it is declared that subsection (1) does not affect—\nthe indefeasible title for the lot for which the certificate of title was issued; or\nany interest in the lot for which the certificate of title was issued.\ns 215 ins 2019 No. 7 s 247\n(sec.215-ssec.1) On the commencement, a certificate of title— ceases to be an instrument under this Act; and ceases to be evidence, conclusive or otherwise, of the indefeasible title for the lot for which it was issued.\n(sec.215-ssec.2) To remove any doubt, it is declared that subsection (1) does not affect— the indefeasible title for the lot for which the certificate of title was issued; or any interest in the lot for which the certificate of title was issued.\n- (a) ceases to be an instrument under this Act; and\n- (b) ceases to be evidence, conclusive or otherwise, of the indefeasible title for the lot for which it was issued.\n- (a) the indefeasible title for the lot for which the certificate of title was issued; or\n- (b) any interest in the lot for which the certificate of title was issued.","sortOrder":403},{"sectionNumber":"sec.216","sectionType":"section","heading":"Registration of particular instruments lodged before commencement without certificate of title","content":"### sec.216 Registration of particular instruments lodged before commencement without certificate of title\n\nThis section applies to an instrument lodged before the commencement if—\nthe instrument could not be registered for a lot because the certificate of title for the lot had not been returned for cancellation as required under former section 154; and\nimmediately before the commencement, the instrument had not been rejected under section 157(1).\nThe instrument may be registered despite the noncompliance with former section 154.\nIn this section—\nformer section 154 means section 154 as in force from time to time before the commencement.\ns 216 ins 2019 No. 7 s 247\n(sec.216-ssec.1) This section applies to an instrument lodged before the commencement if— the instrument could not be registered for a lot because the certificate of title for the lot had not been returned for cancellation as required under former section 154; and immediately before the commencement, the instrument had not been rejected under section 157(1).\n(sec.216-ssec.2) The instrument may be registered despite the noncompliance with former section 154.\n(sec.216-ssec.3) In this section— former section 154 means section 154 as in force from time to time before the commencement.\n- (a) the instrument could not be registered for a lot because the certificate of title for the lot had not been returned for cancellation as required under former section 154; and\n- (b) immediately before the commencement, the instrument had not been rejected under section 157(1).","sortOrder":404},{"sectionNumber":"sec.217","sectionType":"section","heading":"Provisions of other Acts relating to certificates of title","content":"### sec.217 Provisions of other Acts relating to certificates of title\n\nTo the extent a provision of another Act requires or permits a person to take an action in relation to a certificate of title, the provision is taken, from the commencement, not to apply.\ndeposit, give, inspect, produce, or dispense with production of a certificate of title\ns 217 ins 2019 No. 7 s 247","sortOrder":405},{"sectionNumber":"pt.12-div.8","sectionType":"division","heading":"Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","content":"## Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":406},{"sectionNumber":"sec.218","sectionType":"section","heading":"Application of s 94","content":"### sec.218 Application of s 94\n\nSection 94, as amended by the Natural Resources and Other Legislation Amendment Act 2019 , applies in relation to a high-density development easement only if it is created after the commencement.\ns 218 ins 2019 No. 17 s 61","sortOrder":407},{"sectionNumber":"sec.219","sectionType":"section","heading":"Application of new s 162","content":"### sec.219 Application of new s 162\n\nSection 162, as in force on the commencement, applies in relation to an instrument only if it is executed after the commencement.\ns 219 ins 2019 No. 17 s 191","sortOrder":408},{"sectionNumber":"pt.12-div.9","sectionType":"division","heading":"Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021","content":"## Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021","sortOrder":409},{"sectionNumber":"sec.220","sectionType":"section","heading":"Definitions for division","content":"### sec.220 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 220 ins 2021 No. 12 s 113","sortOrder":410},{"sectionNumber":"sec.221","sectionType":"section","heading":"Land registry continues","content":"### sec.221 Land registry continues\n\nThe land registry kept by the chief executive under former section 7 immediately before the commencement continues and must be kept by the registrar under new section 7.\ns 221 ins 2021 No. 12 s 113","sortOrder":411},{"sectionNumber":"sec.222","sectionType":"section","heading":"Engagements and agreements under former s 35","content":"### sec.222 Engagements and agreements under former s 35\n\nThis section applies if—\nbefore the commencement, the chief executive had engaged an entity under former section 35(4); and\non the commencement, the engagement—\nhas not ended; and\nhas not been transferred to the titles registry operator under a transfer notice.\nThe engagement is taken to have been entered into by the registrar under new section 35(4).\nIn this section—\ntransfer notice see the Queensland Future Fund (Titles Registry) Act 2021 , section 20.\ns 222 ins 2021 No. 12 s 113\n(sec.222-ssec.1) This section applies if— before the commencement, the chief executive had engaged an entity under former section 35(4); and on the commencement, the engagement— has not ended; and has not been transferred to the titles registry operator under a transfer notice.\n(sec.222-ssec.2) The engagement is taken to have been entered into by the registrar under new section 35(4).\n(sec.222-ssec.3) In this section— transfer notice see the Queensland Future Fund (Titles Registry) Act 2021 , section 20.\n- (a) before the commencement, the chief executive had engaged an entity under former section 35(4); and\n- (b) on the commencement, the engagement— (i) has not ended; and (ii) has not been transferred to the titles registry operator under a transfer notice.\n- (i) has not ended; and\n- (ii) has not been transferred to the titles registry operator under a transfer notice.\n- (i) has not ended; and\n- (ii) has not been transferred to the titles registry operator under a transfer notice.","sortOrder":412},{"sectionNumber":"sec.223","sectionType":"section","heading":"Approved forms continue as approved forms of registrar","content":"### sec.223 Approved forms continue as approved forms of registrar\n\nThis section applies to a form approved by the chief executive under former section 194 that is in force immediately before the commencement.\nFrom the commencement, the form is taken to be a form approved by the registrar under new section 194.\ns 223 ins 2021 No. 12 s 113\n(sec.223-ssec.1) This section applies to a form approved by the chief executive under former section 194 that is in force immediately before the commencement.\n(sec.223-ssec.2) From the commencement, the form is taken to be a form approved by the registrar under new section 194.","sortOrder":413},{"sectionNumber":"sec.224","sectionType":"section","heading":"Public notices published by chief executive under former s 196A","content":"### sec.224 Public notices published by chief executive under former s 196A\n\nThis section applies if—\nbefore the commencement the chief executive had published a notice on the department’s website under former section 196A; and\nimmediately before the commencement, the notice had not been published for a total of at least 10 business days as required under former section 196A.\nThe registrar must ensure the notice is published on the department’s website so that the total number of business days the notice is published, whether before or after the commencement and whether or not consecutive, is at least 10 business days.\ns 224 ins 2021 No. 12 s 113\n(sec.224-ssec.1) This section applies if— before the commencement the chief executive had published a notice on the department’s website under former section 196A; and immediately before the commencement, the notice had not been published for a total of at least 10 business days as required under former section 196A.\n(sec.224-ssec.2) The registrar must ensure the notice is published on the department’s website so that the total number of business days the notice is published, whether before or after the commencement and whether or not consecutive, is at least 10 business days.\n- (a) before the commencement the chief executive had published a notice on the department’s website under former section 196A; and\n- (b) immediately before the commencement, the notice had not been published for a total of at least 10 business days as required under former section 196A.","sortOrder":414},{"sectionNumber":"pt.12-div.10","sectionType":"division","heading":"Transitional provisions for Land and Other Legislation Amendment Act 2024","content":"## Transitional provisions for Land and Other Legislation Amendment Act 2024","sortOrder":415},{"sectionNumber":"sec.225","sectionType":"section","heading":"Plans of subdivision lodged but not registered before commencement","content":"### sec.225 Plans of subdivision lodged but not registered before commencement\n\nThis section applies to a plan of subdivision lodged, but not registered, before the commencement—\nif the Minister administering the Land Act 1994 has consented to the plan; and\nto the extent the plan provides for the dedication of a lot to public use for a purpose stated in the Land Act 1994 , schedule 1 as in force immediately before the commencement.\nDespite section 51(2), on the registration of the plan, the lot is dedicated as a reserve for the purpose.\ns 225 ins 2024 No. 12 s 93\n(sec.225-ssec.1) This section applies to a plan of subdivision lodged, but not registered, before the commencement— if the Minister administering the Land Act 1994 has consented to the plan; and to the extent the plan provides for the dedication of a lot to public use for a purpose stated in the Land Act 1994 , schedule 1 as in force immediately before the commencement.\n(sec.225-ssec.2) Despite section 51(2), on the registration of the plan, the lot is dedicated as a reserve for the purpose.\n- (a) if the Minister administering the Land Act 1994 has consented to the plan; and\n- (b) to the extent the plan provides for the dedication of a lot to public use for a purpose stated in the Land Act 1994 , schedule 1 as in force immediately before the commencement.","sortOrder":416},{"sectionNumber":"sec.226","sectionType":"section","heading":"Plans of subdivision lodged but not registered before commencement","content":"### sec.226 Plans of subdivision lodged but not registered before commencement\n\nSections 50 and 51, as in force immediately before the commencement, continue to apply in relation to a plan of subdivision lodged, but not registered, before the commencement.\ns 226 ins 2024 No. 12 s 96","sortOrder":417}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 1994 scope was to consolidate and modernise Queensland's freehold land registration system. Over time, its scope expanded significantly to incorporate: electronic conveyancing and digital document lodgement (2013 onwards); mandatory mortgagee identity verification obligations to combat mortgage fraud (2005); integration with community titles and body corporate schemes (1997 and 2003); accommodation of volumetric and building format plans for 3D land definitions (1997); delegation to a private titles registry operator under a public-private partnership model (2021); and foreign ownership registration requirements. These additions moved the Act well beyond its original consolidation purpose into fraud prevention, technology governance, and complex strata/community title territory."},"complexity_factors":["Extensive cross-referencing to numerous other Queensland Acts (Land Act 1994, BCCM Act, Forestry Act 1959, Aboriginal Land Act 1991, Foreign Ownership of Land Register Act 1988, Electronic Transactions Act, Evidence Act 1977, Queensland Future Fund (Titles Registry) Act 2021, Electronic Conveyancing National Law (Queensland))","Multiple layers of delegation — Registrar to public servant, Registrar to private titles registry operator, then mandatory sub-delegation — creating complex accountability chains","Specialist legal concepts requiring unpacking: indefeasible title, fee simple, easements, caveats, mortgagor/mortgagee distinctions, adverse possession, community titles schemes, tenants in common","Interaction between paper-based and electronic conveyancing systems with different rules applying to each","Community titles/common property provisions create a parallel regime with modified rules (body corporate deemed registered owner, restrictions on mortgaging or selling common property)","Three different plan of survey formats (standard, building, volumetric) with different legal definitions applying to each","Significant amendments over 30 years (1994–2024) with omitted sections and transitional provisions creating gaps that require knowledge of legislative history","Quasi-judicial inquiry powers of the Registrar (not bound by rules of evidence, can compel witnesses, refer to Supreme Court) sitting alongside normal administrative functions","Identity verification obligations for mortgagees and mortgage transferees with separate record-keeping and penalty provisions","Dual public/private operation of land registry since 2021 creates ambiguity about which entity holds which responsibilities"],"plain_english_summary":"## What is this law?\n\nThe **Land Title Act 1994** is Queensland's core law governing how ownership of privately-owned land (called \"freehold land\") is recorded, transferred, and protected. Think of it as the rulebook for the official system that keeps track of who owns what land in Queensland.\n\n## Who runs the system?\n\nA government official called the **Registrar of Titles** manages the **Land Registry** — a comprehensive database recording who owns every block of freehold land in Queensland, plus any interests (like mortgages, leases, or easements) attached to that land. Since 2021, the Registrar can delegate day-to-day operation of the registry to a private **titles registry operator** (under the Queensland Future Fund arrangement).\n\n## How does it affect you?\n\n**If you buy or sell property:** Your ownership isn't legally secure until it's registered in the freehold land register. Registration gives you an \"indefeasible title\" — meaning your ownership is legally protected and very difficult to challenge once recorded.\n\n**If you take out a mortgage:** Your lender (the bank or mortgagee) must take reasonable steps to verify that you are actually the person who owns the property before lodging the mortgage for registration. They must keep records of this verification for 7 years. This protects against mortgage fraud.\n\n**If you live in an apartment or unit complex:** The law covers \"community titles schemes\" (like strata or body corporate arrangements), where common areas (hallways, pools, gardens) are owned collectively by all lot owners.\n\n**If you want to check who owns a property:** Anyone can search the register and get certified copies of title records by paying a fee.\n\n## Key protections\n\n- The register is the **single source of truth** for land ownership — what's on the register is what counts legally\n- The Registrar can **correct errors** in the register, but cannot change the register in ways that harm innocent parties who relied on it\n- The Registrar can place a **caveat** (a legal hold — like a \"stop\" notice) on a property to protect vulnerable people such as minors, people with disabilities, or victims of fraud\n- There is a formal **inquiry process** if fraud or wrongdoing is suspected, with powers to compel witnesses and refer matters to the Supreme Court\n\n## Electronic conveyancing\n\nThe Act has been updated to accommodate **digital property transactions**, allowing documents to be lodged and signed electronically under the national Electronic Conveyancing system (PEXA), making property settlements faster and paperless.\n\n## Plans and surveys\n\nThe Act sets out how land must be physically described and mapped, including three formats: standard (ground-based boundaries), building format (used for apartments — defined by floors, walls and ceilings), and volumetric (3D defined spaces)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.9(2)","severity":"medium","reasoning":"Section 9(2) states the titles registry operator 'must subdelegate' any delegated function to an employee. This creates a situation where the registrar's delegation to the operator is functionally a delegation to an unnamed employee of the operator, making the intermediate step to the operator legally redundant yet legally required. The operator cannot exercise the function itself.","confidence":0.72,"description":"Mandatory subdelegation requirement creates an absurd chain: if the registrar delegates to the titles registry operator, the operator MUST subdelegate to an employee. This means the registrar cannot delegate to the titles registry operator for the operator itself to perform the function — the operator is legally prohibited from retaining the function and must always pass it down. The operator therefore has no discretion about whether to subdelegate."},{"type":"self_contradicting","section":"sec.9A(5) and sec.9A(6)","severity":"low","reasoning":"The phrase 'without limiting subsection (5)' implies (5) is preserved in full, yet (6) imposes a mandatory obligation that constrains how the registrar must make the manual available regardless of the registrar's view of what is 'appropriate'. A true non-limiting clause cannot impose mandatory obligations that narrow the discretion it claims to preserve.","confidence":0.6,"description":"Section 9A(5) requires the registrar to make the manual available 'in the way the registrar considers appropriate', but section 9A(6) then mandates a specific method (free inspection at each land registry office) 'without limiting' the general discretion. The non-limiting clause paradoxically imposes a floor obligation while claiming not to limit the discretion in (5), which could include not making it available at registry offices at all."},{"type":"other","section":"sec.11A(4)","severity":"low","reasoning":"While retention obligations on transferors are not inherently absurd, the 7-year period runs from registration regardless of when the transfer occurs. If the mortgage is transferred on day 1 after registration, the original mortgagee must keep records for nearly 7 more years despite having no ongoing role — the penalty (20 units) applies to a party who may have no practical access to the relevant materials anymore.","confidence":0.55,"description":"The obligation to retain records for 7 years runs from registration of the instrument, but section 11A(4) applies even if the mortgage interest is subsequently transferred. Once transferred, the original mortgagee no longer has any legal relationship with the mortgage, yet must still maintain records about steps they took. This creates an ongoing compliance burden on a party with no continuing legal interest."},{"type":"retroactive_impossibility","section":"sec.15(7)","severity":"medium","reasoning":"If Party A relies on an incorrect register entry and acquires an interest, then the register is corrected under s15 and deemed always to have been correct, Party A's acquisition was based on a register state that legally never existed. This retroactive fiction conflicts with the indefeasibility principles elsewhere in the Act and could produce irreconcilable title disputes.","confidence":0.67,"description":"Section 15(7) provides that a corrected register 'has the same effect as if the relevant error had not been made.' This is a legal fiction that retroactively alters the state of the register. However, third parties may have relied on the incorrect register in the interim period — the fiction does not address how intervening dealings based on the incorrect register are treated, potentially creating impossible title chains."},{"type":"other","section":"sec.24(1)(a) and sec.25","severity":"low","reasoning":"The dual enforcement pathway (criminal offence under s24 and compulsion order under s25) for identical conduct lacks any provision preventing double jeopardy or specifying which mechanism takes precedence. This is a structural gap rather than a clear absurdity but creates a potential for disproportionate response to non-attendance.","confidence":0.5,"description":"Section 24 creates an offence for failing to attend an inquiry without reasonable excuse. Section 25 allows the registrar to apply to the Supreme Court to compel attendance. The existence of both mechanisms — criminal penalty AND court compulsion — for the same conduct is not inherently absurd, but s25 makes no reference to the s24 offence, meaning a person could be both convicted of an offence AND subject to a court order for the same failure, with no priority or coordination between the two regimes."},{"type":"circular_definition","section":"sec.41C(3)","severity":"medium","reasoning":"Deeming an entity to be registered owner of an interest simultaneously rendered inalienable creates a legal status with no practical operation. The body corporate holds a registered ownership interest it can never exercise in any conveyancing sense, which undermines the core purpose of registration under this Act.","confidence":0.7,"description":"Section 41C(3) states the body corporate 'is taken to be the registered owner for dealings affecting the fee simple interest in the common property' while simultaneously providing that 'the fee simple interest in the common property for a community titles scheme can not be the subject of sale or transfer'. This creates a fictional registered owner of an interest that can never be dealt with — the body corporate is registered owner of something that cannot be sold, transferred, or mortgaged, making the registered ownership status functionally meaningless for the fee simple."},{"type":"impossible_compliance","section":"sec.35A(2)","severity":"high","reasoning":"A subpoena is an order of a court. Non-compliance with a court order is contempt. A statute cannot straightforwardly authorise contempt of court by deferring compliance with a subpoena pending payment of a fee. While 'despite any other law' language is used, it cannot override the court's inherent jurisdiction. This provision may be impossible to comply with in practice when a court insists on immediate production.","confidence":0.65,"description":"Section 35A(2) states the registrar is not required to produce a document under subpoena until the fee is paid, purporting to override 'any other law or rule of court'. This creates a potential conflict with judicial power — a court-issued subpoena is an exercise of judicial power, and a statute purporting to allow non-compliance with a subpoena until an administrative fee is paid raises constitutional concerns about interference with judicial process."}],"contradictions":[{"severity":"low","section_a":"sec.10(1)","section_b":"sec.10(3) and sec.10(4)","confidence":0.7,"description":"Section 10(1) states instruments 'must' be in the appropriate form and comply with directions, creating a mandatory requirement. Sections 10(3) and 10(4) give the registrar discretion to register instruments that do not comply with these requirements if 'reasonable'. This effectively converts a mandatory requirement into a discretionary one, with no criteria for when non-compliance is 'not reasonable', creating uncertainty about the actual standard."},{"severity":"medium","section_a":"sec.10(3) and sec.10(4)","section_b":"sec.10(5)","confidence":0.65,"description":"Sections 10(3) and 10(4) provide the registrar with discretion to register non-compliant instruments. Section 10(5) then carves out electronic conveyancing documents entirely from these discretions. However, section 14A states that a reference to a document includes its electronic conveyancing form. This creates uncertainty about whether the mandatory form requirements of s10(1) apply more strictly to electronic documents than paper ones, and whether the s10A general discretion (which has no electronic exclusion) fills the gap."},{"severity":"medium","section_a":"sec.10A","section_b":"sec.10(5)","confidence":0.72,"description":"Section 10(5) expressly excludes electronic conveyancing documents from the discretions in ss10(3) and (4). However, section 10A creates a general discretion for the registrar to register any instrument lodged in non-compliance with 'a requirement under this Act', with no exclusion for electronic conveyancing documents. This means the discretion excluded by s10(5) is effectively reintroduced by s10A for electronic conveyancing documents, rendering the s10(5) exclusion nugatory."},{"severity":"medium","section_a":"sec.15(1)(b)","section_b":"sec.15(3)","confidence":0.8,"description":"Section 15(1) allows the registrar to correct a register only if the correction 'will not prejudice the rights of the holder of an interest recorded in the register'. Section 15(3) allows the registrar to correct the register 'whether or not the correction will prejudice' such rights. These are directly contradictory conditions for the exercise of the same correction power, with no clear hierarchy between them beyond the implicit exception structure."},{"severity":"low","section_a":"sec.15(1)","section_b":"sec.15(8)","confidence":0.68,"description":"Section 15(1)(b) conditions the correction power on the correction not prejudicing the rights of the holder of a registered interest. Section 15(8) then defines those rights as 'not prejudiced' if the holder had actual or constructive knowledge the register was incorrect. This definition is circular — it redefines 'prejudice' so narrowly that s15(1)(b) becomes almost meaningless as a protection, since any holder with knowledge is deemed not to be prejudiced regardless of actual harm."},{"severity":"medium","section_a":"sec.41BA(3)","section_b":"sec.41C(3)","confidence":0.63,"description":"Section 41BA(3) provides that an owner 'can not separately deal with or dispose of the owner's interest in the common property' and that an owner's interest in a lot is 'inseparable' from their common property interest. Section 41C(3) states that 'a lesser interest able to be created over common property, for example, a lease, might be the subject of a mortgage'. These provisions are in tension: if the common property interest is inseparable from the lot and cannot be separately dealt with, how can a lease over common property be separately mortgaged?"},{"severity":"low","section_a":"sec.11A(2)","section_b":"sec.11B(2)","confidence":0.55,"description":"Section 11A(2) requires the original mortgagee to verify the mortgagor's identity before lodging the mortgage. Section 11B(2) requires the mortgage transferee to verify that 'the person who was the mortgagor under the instrument of mortgage was identical with the person who, when the instrument of mortgage was registered, was the registered proprietor'. If the original mortgagee complied with s11A, the transferee is essentially re-doing the same verification with potentially less access to contemporaneous evidence. The transferee may have no practical means of independently verifying historical identity matching already certified by registration, creating a compliance obligation that may be impossible to satisfy independently."},{"severity":"low","section_a":"sec.9(1)","section_b":"sec.6(5)","confidence":0.5,"description":"Section 6(5) provides the registrar is subject to the chief executive but 'not subject to any other officer or employee of the department'. Section 9(1) allows the registrar to delegate functions to 'an appropriately qualified public service employee'. Once delegated, those employees perform the registrar's functions under the registrar's title (s9AA). However, s6(5) suggests the registrar cannot be directed by other departmental employees, yet through delegation, those same employees exercise the registrar's powers — creating a structural tension between the registrar's independence and the delegated exercise of those powers by persons the registrar cannot be directed by."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s original purpose was to consolidate and reform the law on registration of freehold land titles, define rights of interest holders, continue the Torrens registration system, set out the registrar’s functions and authorise information technology use. Over time its scope has grown well beyond that core registration framework. It now contains detailed, self-contained regimes for community titles schemes and their management statements, building management statements, high-density development easements, carbon abatement interests, progressive subdivision, statutory easements, priority notices and extensive identity-verification obligations for mortgagees. These additions reflect contemporary policy on strata living, sustainability, electronic commerce and fraud prevention and incorporate by reference large parts of planning, local government and environmental legislation."},"complexity_factors":["Extensive cross-references to related legislation including the Body Corporate and Community Management Act 1997, Planning Act, Survey and Mapping Infrastructure Act 2003, Electronic Conveyancing National Law (Queensland) and Property Law Act 2023","Multiple defined terms, layered definitions (for example, references to scheme land and common property that redirect to the BCCM Act)","Detailed procedural rules across divisions for different dealings (transfers, leases, mortgages, easements, covenants, profits à prendre, carbon abatement interests, building management statements)","Conditional logic, exceptions and sub-exceptions (for example, identity verification obligations under ss 11A–11B, registrar’s correction powers under s 15, and public notice requirements)","Integration of paper-based and electronic processes with specific carve-outs for electronic conveyancing documents"],"plain_english_summary":"**The Land Title Act 1994** governs how ownership of land and rights over it (such as mortgages or leases) are officially recorded in Queensland. It maintains a central **land registry** that keeps an up-to-date record of who holds what interest in every piece of freehold land. Once an interest is properly registered, the record is generally guaranteed to be accurate and complete (known as indefeasible title), giving buyers, sellers, lenders and others confidence that what the register says is true.\n\nThe Act explains:\n- how the registrar of titles keeps and updates the registers (including allowing electronic lodgement);\n- rules for transferring, leasing, mortgaging or creating other interests in land;\n- special rules for community titles schemes (shared properties like apartments or townhouses with common areas);\n- how to handle disputes, corrections, identity checks (especially for mortgages) and public notices.\n\n**Who it affects:** landowners, buyers, sellers, banks and other lenders, developers, surveyors, lawyers, bodies corporate for community schemes, and anyone else who deals with land titles. It also binds the State and, where possible, the Commonwealth.\n\n**Why it matters:** Without a reliable public register, proving who owns land or what rights exist over it would rely on old paper deeds and long historical searches. The Act reduces fraud risk, speeds up transactions and supports modern needs such as electronic conveyancing, high-density housing and carbon abatement projects. It balances certainty of title with limited exceptions (for example, fraud or certain short leases)."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act (1994) aimed to consolidate and reform the Torrens system for freehold land. Over time, its scope has expanded significantly through amendments to include: community titles schemes (Part 6A, added 2003), building management statements (Division 4A), high-density development easements (Division 4AA), carbon abatement interests (Division 4C), and detailed identity verification for mortgages (sections 11A-11B). The Act now regulates not just simple land transfers but also complex layered ownership structures and environmental interests, far beyond its original core function."},"complexity_factors":["Very long Act with 226 sections plus schedules","Extensive cross-referencing to other Queensland Acts (e.g., BCCM Act, Planning Act, Land Act, Property Law Act, Survey and Mapping Infrastructure Act)","Highly detailed and conditional provisions for subdivisions, community titles schemes, adverse possession, and high-density easements","Many defined terms in Schedule 2 and throughout the Act","Multiple exceptions and qualifications to key principles (e.g., exceptions to indefeasibility in section 185)","Historical amendments have added new parts (e.g., Part 6A community titles schemes, Part 6AA high-density easements, carbon abatement interests) increasing complexity","Provisions for electronic conveyancing and digital documents add another layer of technical rules"],"plain_english_summary":"This is the main law governing how freehold land (privately owned land) is registered and dealt with in Queensland. It sets up a central system (the 'freehold land register') where ownership and other interests (like mortgages, leases, easements) are recorded. Once registered, the owner's title is generally guaranteed by the State (a principle called 'indefeasibility'). The law explains how to transfer land, mortgage it, lease it, create easements (rights over someone else's land), and subdivide land. It also covers special rules for community titles schemes (like apartment blocks and housing estates), how to claim land through adverse possession (squatters' rights), and how to lodge caveats (warnings on title). There are provisions for compensation if the register is wrong and someone loses their land. The Act creates the office of the Registrar of Titles and allows electronic lodgement of documents. It applies to anyone who owns or deals with freehold land in Queensland."}},"importantCases":[],"_links":{"self":"/api/acts/land-title-act-1994","history":"/api/acts/land-title-act-1994/history","analysis":"/api/acts/land-title-act-1994/analysis","conflicts":"/api/acts/land-title-act-1994/conflicts","importantCases":"/api/acts/land-title-act-1994/important-cases","documents":"/api/acts/land-title-act-1994/documents"}}