{"id":"land-title-act-2000","name":"Land Title Act 2000","slug":"land-title-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30164,"registerId":"nt-land-title-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Land Title Act 2000.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\n(1) The object of this Act is to consolidate and reform the law about the\nregistration of land and interests in land and in particular:\n(a) to simplify the title to land and facilitate dealings with land;\n(b) to define the rights of persons with an interest in registered\nland;\n(c) to continue and improve the system for registering title to and\ntransferring interests in land;\n(d) to define the powers and functions of the Registrar-General\nunder this Act;\n(e) to facilitate access to information about administrative and\nother interests and information in respect of land;\n(f) to assist the keeping of the land register in the Land Titles\nOffice, particularly by authorising the use of information\ntechnology; and\n(g) to facilitate the collection and disposal of information relating\nto land or the buying and selling of land.\n\nLand Title Act 2000 2\n(2) If there is an inconsistency between a provision of this Act and a\nprovision of the Law of Property Act 2000, this Act prevails.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nappropriate form, for an instrument, means:\n(a) the form that is the approved form for the instrument; or\n(b) if a form is approved or prescribed for the instrument under\nanother Act – that form.\napproved form means:\n(a) for an electronic conveyancing document – a form approved\nby the Registrar-General under section 7 of the Electronic\nConveyancing National Law (NT); or\n(b) a form prescribed by the Regulations or the\nRegistrar-General's directions.\napproved reinstatement process, see section 58(1) of the Unit\nTitle Schemes Act 2009.\nbankruptcy includes a proceeding under a law about bankruptcy,\ninsolvency or the liquidation of corporations.\nbody corporate, see section 5 of the Unit Title Schemes Act 2009.\nbody corporate name, see section 18(2)(b) of the Unit Title\nSchemes Act.\ncancel means:\n(a) in relation to a document – to record the cancellation of the\nregistration of the document in the land register; and\n(b) in relation to particulars in the land register – to record the\ncancellation of the particulars in the land register.\ncaveatee, in relation to a lot over which a caveat has been lodged,\nmeans:\n(a) a registered proprietor of the lot; or\n(b) someone (other than the caveator) who has an interest in the\nlot.\n\nLand Title Act 2000 3\ncaveator, in relation to a lot over which a caveat has been lodged,\nmeans a person in whose favour the caveat is lodged.\ncertificate as to title means a certificate issued by the Registrar-\nGeneral under section 44.\nclient authorisation is a document:\n(a) that is a client authorisation for the purposes of the Electronic\nConveyancing National Law (NT); or\n(b) that is in the appropriate form and by which the client of a law\npractice, legal practitioner or conveyancing agent authorises\nthe practice, practitioner or agent to execute one or more\ninstruments, or do one or more things, on behalf of the client\nin connection with a specified transaction or for a specified\nperiod of time.\nCommonwealth jurisdiction means a State or another Territory of\nthe Commonwealth or New Zealand.\nconsolidation, see section 3(1) of the Planning Act 1999.\nconveyancing agent, see section 5(2)(c) of the Agents Licensing\nAct 1979.\ncopy, of a document, if the document is an electronic conveyancing\ndocument, means:\n(a) a representation of the document in paper form; or\n(b) a reproduction or representation of the document in digital\nform.\ncorrect includes correct by addition, omission or substitution.\ncovenant has the same meaning as in Division 4 of Part 9 of the\nLaw of Property Act 2000.\ncovenant in gross has the same meaning as in Division 4 of Part 9\nof the Law of Property Act 2000.\ndealing means an instrument or matter whereby land or the title to\nland can be affected or dealt with.\ndeed of grant means a document evidencing the grant of land\n(including leasehold) by the Crown.\ndeposit means file in the Land Titles Office other than for\n\nLand Title Act 2000 4\ndisclosure statement, see section 5 of the Unit Title Schemes\ndocument means paper or other material (including electronic\nmaterial) containing writing, words, figures, drawings or symbols.\neasement has the same meaning as in Division 2 of Part 9 of the\nLaw of Property Act 2000.\neasement in gross has the same meaning as in Division 2 of\n","sortOrder":3},{"sectionNumber":"Part 9","sectionType":"part","heading":"of the Law of Property Act 2000.","content":"Part 9 of the Law of Property Act 2000.\nelectronic communication means a communication of information\nin the form of data, text or images by guided or unguided\nelectromagnetic energy.\nelectronic conveyancing document, see section 15B.\nElectronic Conveyancing National Law (NT), see section 3(2) of\nthe Electronic Conveyancing (National Uniform Legislation)\nAct 2013.\nendorse, in relation to endorsing information on a document, if the\ndocument is an electronic conveyancing document, means record\nthe information in electronic form as part of the document in such a\nway that it is reasonable to expect the information will be readily\naccessible as part of the document so as to be usable for\nsubsequent reference.\nerror includes an error by omission.\nfee includes tax.\nfirst scheme statement, see section 10(2) of the Unit Title\nSchemes Act 2009.\nindefeasible title, in relation to a registered lot, has the meaning\ngiven by section 40.\ninstrument includes:\n(a) a deed of grant or certificate as to title; and\n(b) a deed that relates to or may be used to deal with a lot; and\n(c) a power of attorney that may be used to deal with a lot; and\n(d) a request, application or other document that deals with a lot\nand may be registered under this Act; and\n(e) a map or plan of survey that may be lodged; and\n\nLand Title Act 2000 5\n(f) a plan of subdivision, or a plan of consolidation, that may be\nlodged; and\n(g) an order of a court; and\n(h) a scheme statement; and\n(i) a plan of termination for a scheme as mentioned in\nsection 54E(1)(a); and\n(j) a plan of termination for a development as mentioned in\nsection 54G(1)(a); and\n(k) an electronic conveyancing document.\nland register means the register referred to in section 6.\nLand Titles Office means the Lands Titles Registration and\nGeneral Registry Office established by section 4 of the Registration\nAct 1927.\nlaw practice, see section 4 of the Legal Profession Act 2006.\nlayered scheme, see section 68(1) of the Unit Title Schemes\nlease includes a sublease.\nlessee means the registered proprietor of a lease.\nlessor means the registered proprietor of land subject to a lease.\nlocal government body means:\n(a) a local government council; or\n(b) any other body that performs local government functions.\nlodge, in relation to a document, means:\n(a) if the document is an electronic conveyancing document –\nlodging the document electronically under section 7 of the\nElectronic Conveyancing National Law (NT); or\n(b) if the document is not an electronic conveyancing document:\n(i) depositing or lodging the document in the Land Titles\nOffice; or\n(ii) depositing or lodging the document in any other way\npermitted by the Registrar-General under section 14.\n\nLand Title Act 2000 6\nlot means a separate, distinct parcel of land created on:\n(a) the recording of particulars of a deed of grant; or\n(b) the registration of a plan of subdivision or a plan of\nconsolidation;\nand includes a unit and common property, within the meaning of the\nUnit Titles Act 1975, a lot under Part IVB of that Act and a building\nlot within the meaning of that Act, and a unit and common property\nwithin the meaning of the Unit Title Schemes Act 2009.\nmember scheme, see section 68(2) of the Unit Title Schemes\nmortgage includes:\n(a) a charge on a lot or an interest in a lot for securing:\n(i) a debt; or\n(ii) the payment of an annuity, rent, charge or a sum of\nmoney in favour of a person;\n(b) a statutory charge; and\n(c) an overriding statutory charge.\nmortgagee means the registered proprietor of a mortgage.\nmortgagor means the registered proprietor of land subject to a\noverriding statutory charge, in relation to a lot, means a statutory\ncharge that is expressed in the Act by or under which it is\nestablished:\n(a) to be an overriding charge within the meaning of this Act; or\n(b) to have priority over all other charges on the lot.\nplan of consolidation means a plan approved by the Surveyor-\nGeneral under section 49(3) of the Licensed Surveyors Act 1983\nrelating to the consolidation of lots otherwise than under the Unit\nTitles Act 1975.\nplan of subdivision means a plan approved by the Surveyor-\nGeneral under section 49(3) of the Licensed Surveyors Act 1983\nrelating to the subdivision of a lot otherwise than under the Unit\nTitles Act 1975.\n\nLand Title Act 2000 7\nplan of survey means a plan prepared and certified by a licensed\nsurveyor that complies with the Licensed Surveyors Act 1983 and\nincludes:\n(a) a plan of subdivision of a lot; and\n(aa) a plan of consolidation of lots; and\n(b) a re-survey conducted to define the boundaries of a lot.\nprescribed, in relation to fees, means prescribed under the\nRegistration Act 1927.\nproprietor, of a lot, means a person entitled to an interest in the lot,\nwhether or not the person is in possession.\npublic use land means land referred to in section 52(1)(a).\nrecord of administrative and other interests and information\nmeans the record of administrative and other interests and\ninformation referred to in section 38.\nregister, in relation to a lot, interest, instrument or other thing,\nmeans record the particulars of the thing in the land register.\nregistered owner, of a lot, means the person recorded in the land\nregister as the person entitled to:\n(a) the fee simple interest in the lot; or\n(b) a lease from the Crown under the Crown Lands Act 1992,\nPastoral Land Act 1992 or Special Purposes Leases Act 1953.\nregistered proprietor, of a lot, means a person recorded in the\nland register as a proprietor of the lot.\nRegistrar-General means the Registrar-General for the Northern\nTerritory and includes a Deputy Registrar-General appointed under\nthe Registration Act 1927.\nRegistrar-General's direction means a direction in force under\nsection 210.\nrelevant registrar means a person who under the law of another\nCommonwealth jurisdiction exercises functions similar to those\nperformed by the Registrar-General under this Act.\nrequisition means a notice given by the Registrar-General under\nsection 155(1) or (7).\n\nLand Title Act 2000 8\nscheme means a unit title scheme as mentioned in section 10(1) of\nthe Unit Title Schemes Act 2009.\nscheme land, see section 32(1) of the Unit Title Schemes\nscheme name, see section 18(2)(a) of the Unit Title Schemes\nscheme statement, see section 10(1) of the Unit Title Schemes\nshort lease means a lease:\n(a) for a term of 3 years or less; or\n(b) from year to year or a shorter period.\nsketch plan means a drawing in an instrument drawn to a standard\nto the Registrar-General's satisfaction that is not a plan of survey.\nstandard terms document, for Part 8, Division 2, see section 167.\nstatutory charge means a charge on a lot established by or under\na law in force in the Territory:\n(a) that is expressed in the law to be a statutory charge within the\nmeaning of this Act; or\n(b) that after it is registered:\n(i) imposes a restriction on the use of or dealing with the\nlot; or\n(ii) gives a right to a person to deal with the lot, including the\nright of sale,\nand includes an overriding statutory charge for the purposes of\n","sortOrder":4},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"of Division 3 of Part 6 and section 153.","content":"Subdivision 2 of Division 3 of Part 6 and section 153.\nsubdivision has the meaning it has in the Planning Act 1999.\nterm includes covenant and condition.\nterm, of a lease, means the period beginning when the lessee is\nfirst entitled to possession of a lot or part of a lot under the lease\nand ending when the lessee is last entitled to possession, even if\nthe lease consists of 2 or more discontinuous periods.\ntransmission means the passing of title to land in any manner\nother than by transfer.\n\nLand Title Act 2000 9\nunit, of a scheme, see section 37 of the Unit Title Schemes\nunit title scheme, see section 10(1) of the Unit Title Schemes\nverification of authority guidelines means the guidelines issued\nunder section 210A.\nverification of identity requirements, for Part 10A, see\nsection 197B.\nwrit of execution means a writ or warrant of execution after\njudgement in a court.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"5 Act binds Crown\nThis Act binds the Crown, not only in right of the Territory but also,\nso far as the legislative power of the Legislative Assembly permits,\nthe Crown in all its other capacities.\n","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Criminal Code","content":"5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Registrar-General must keep land register","content":"6 Registrar-General must keep land register\n(1) The Registrar-General must keep a register of land.\n(2) The land register consists of:\n(a) particulars recorded by the Registrar-General in accordance\nwith sections 30 and 31;\n(b) registered instruments; and\n\nLand Title Act 2000 10\n(c) documents lodged with the Registrar-General that are not\nrequired to be registered.\n(3) The land register may be kept in the form (whether or not in a\ndocumentary form) the Registrar-General considers appropriate.\n(4) The Registrar-General may change the form in which the land\nregister or a part of the land register is kept.\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"General requirements for instruments in land","content":"Division 2 General requirements for instruments in land\nregister\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Form of instruments","content":"7 Form of instruments\n(1) An instrument lodged by a person or issued by the Registrar-\nGeneral must be in the appropriate form.\n(2) An instrument required or permitted to be executed must be in the\nappropriate form when it is executed.\n(3) The Registrar-General may register an instrument that is not in the\nappropriate form if the Registrar-General is satisfied it is not\nreasonable to require the instrument to have been executed in the\nappropriate form.\n(4) Subsection (3) does not apply to an instrument that is an electronic\nconveyancing document.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Acceptance of forms used in States, etc.","content":"8 Acceptance of forms used in States, etc.\n(1) The Registrar-General may accept a dealing, instrument, document\nor plan in respect of land in the Territory in accordance with a form\nthat is used in another Commonwealth jurisdiction if, in the opinion\nof the Registrar-General:\n(a) the form is consistent with the law of the Territory; and\n(b) the form is suitable for use in the Territory.\n(2) If a form referred to in subsection (1) refers to a provision of a law in\nforce in a place outside the Territory, the reference is taken to be a\nreference to a comparable provision in the law of the Territory and,\nfor the purposes of the application of the Territory law, the form is\ntaken to have been validly executed in the Territory.\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Execution of forms outside of Territory","content":"9 Execution of forms outside of Territory\n(1) An instrument that is in an appropriate form may be accepted if it is\nexecuted in accordance with this Act or the law of the place where\nthe form is executed.\n\nLand Title Act 2000 11\n(2) A form may be accepted under section 8 if it is executed in\naccordance with this Act, the law of the place where the form is\nnormally used or the law of the place where it is executed.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Execution of certain instruments","content":"10 Execution of certain instruments\n(1) An instrument to transfer or create an interest in a lot, other than a\nmortgage, must be executed by:\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\nbe created.\n(1A) A mortgage may be executed by:\n(a) the mortgagee; or\n(b) a solicitor or other agent of the mortgagee.\n(2) A total or partial discharge of a mortgage need only be executed by\nthe mortgagee.\n(3) For an instrument that is an electronic conveyancing document,\nsubsections (1), (1A) and (2) apply subject to the form approved for\nthe instrument under section 7 of the Electronic Conveyancing\nNational Law (NT).\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Consent to be written on instrument etc.","content":"11 Consent to be written on instrument etc.\n(1) If the consent of a person is necessary for the transfer or other\ndealing with a lot, the consent must be:\n(a) written or contained on, or form part of, the relevant\ninstrument; or\n(b) if the Registrar-General considers it appropriate – lodged with\nthe relevant instrument.\n(2) If the relevant instrument is an electronic conveyancing document,\na person is taken to have complied with subsection (1) if the\nconsent:\n(a) is in the form of an electronic conveyancing document; and\n(b) is lodged with the relevant instrument.\n\nLand Title Act 2000 12\n(3) Subsection (4) applies if the relevant instrument is lodged in an\nelectronic form by an electronic communication under:\n(a) this Act or another law, other than the Electronic\nConveyancing National Law (NT); and\n(b) the Electronic Transactions (Northern Territory) Act 2000.\n(4) A person is taken to have complied with subsection (1) if:\n(a) a method is used to identify the person and to indicate the\nperson's consent; and\n(b) having regard to all the relevant circumstances when the\nmethod was used, the method was as reliable as was\nappropriate for the purposes for which the consent was\ncommunicated; and\n(c) the Registrar-General consents to the requirement being met\nby using the method.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Required number of executed copies to be lodged","content":"12 Required number of executed copies to be lodged\nThe Registrar-General may refuse to register an instrument if the\nnumber of executed copies of the instrument prescribed by the\nRegulations or the Registrar-General's directions are not lodged.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Registrar-General may authorise printing and sale of forms","content":"13 Registrar-General may authorise printing and sale of forms\n(1) The Registrar-General may, on reasonable terms, authorise a\nperson to print and sell the appropriate form for an instrument other\nthan a certificate as to title.\n(2) A direction in or under this Act that an appropriate form is to be\nused applies equally to a form to the like effect or for a similar\npurpose authorised in conformity with this Act.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Lodgement etc. of documents","content":"14 Lodgement etc. of documents\nThe Registrar-General may:\n(a) permit documents to be executed;\n(b) permit documents to be deposited or lodged; and\n(c) correct documents that have been deposited or lodged,\nby any means, including electronic means, that he or she thinks fit.\n\nLand Title Act 2000 13\n","sortOrder":17},{"sectionNumber":"14A","sectionType":"section","heading":"Registration of, or dealing with, particular instruments or other","content":"14A Registration of, or dealing with, particular instruments or other\ndocuments\n(1) This section applies if an instrument or other document is lodged or\ndeposited other than in compliance with a requirement under this\nAct.\n(2) The Registrar-General may register, or otherwise deal with, the\ninstrument or document if the Registrar-General is satisfied it is\nreasonable not to require the compliance.\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Address for service to be provided","content":"15 Address for service to be provided\n(1) An instrument is to contain an address for the service of notices of\nany person with a registered interest in land arising from the\n(2) However, the Registrar-General's directions may provide that it is\nunnecessary to specify an address for service.\n(3) A person with a registered interest in land must ensure that the\nRegistrar-General is notified of any change in the address for\nservice.\n(4) The Registrar-General must record in the land register:\n(a) the address for service provided under subsection (1); and\n(b) a change of the address for service on being notified of the\nchange.\n(5) No fee is required to be paid for a change recorded under\nsubsection (4).\n","sortOrder":19},{"sectionNumber":"15A","sectionType":"section","heading":"Reference to particular type of document includes its","content":"15A Reference to particular type of document includes its\nelectronic conveyancing form\nA reference in this Act to a document of a type that may be lodged\nor deposited under this Act includes a reference to the document in\nthe form of an electronic conveyancing document.\n\nLand Title Act 2000 14\n","sortOrder":20},{"sectionNumber":"15B","sectionType":"section","heading":"Meaning of electronic conveyancing document","content":"15B Meaning of electronic conveyancing document\n(1) An electronic conveyancing document is a document under the\nElectronic Conveyancing National Law (NT) that is lodged\nelectronically under section 7 of that Law, in the land register.\nNote for subsection (1)\nUnder the Electronic Conveyancing National Law (NT), Schedule, section 12(1),\ndefinition document, a document includes any record of information that exists in\na digital form and is capable of being reproduced, transmitted, stored and\nduplicated by electronic means.\n(2) To avoid doubt, a document is not an electronic conveyancing\ndocument if it is lodged or deposited in an electronic form by an\nelectronic communication under:\n(a) this Act or another law, other than the Electronic\nConveyancing National Law (NT); and\n(b) the Electronic Transactions (Northern Territory) Act 2000.\n","sortOrder":21},{"sectionNumber":"15C","sectionType":"section","heading":"Signing or executing electronic conveyancing document","content":"15C Signing or executing electronic conveyancing document\nIf this Act provides for a document to be signed or executed and the\ndocument is an electronic conveyancing document, the document\nmust be digitally signed as provided for under the Electronic\nConveyancing National Law (NT).\n","sortOrder":22},{"sectionNumber":"15D","sectionType":"section","heading":"Registering electronic conveyancing document","content":"15D Registering electronic conveyancing document\nFor registering an electronic conveyancing document, the\nRegistrar-General may rely on a certification made under the\nparticipation rules determined under the Electronic Conveyancing\nNational Law (NT).\n","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Registrar-General may demand fees","content":"16 Registrar-General may demand fees\n(1) The Registrar-General may demand and receive the fees and\ncharges that are prescribed.\n(2) The Registrar-General may provide credit facilities for persons to\npay those fees and charges at intervals that he or she thinks fit.\n(3) The Registrar-General may receive fees electronically.\n\nLand Title Act 2000 15\n","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Registrar-General may correct land register","content":"17 Registrar-General may correct land register\n(1) The Registrar-General may correct or amend the land register if\nsatisfied:\n(a) that:\n(i) the land register is incorrect; or\n(ii) land has been alienated under legislation providing for\nleasehold or freehold title, whether before\n1 January 1887 or not, but the particulars do not form\npart of the land register; and\n(b) that the correction or amendment will not prejudice the rights\nof a holder of an interest recorded in the land register.\n(2) The Registrar-General's power to correct the land register includes\nthe power to correct a particular in the land register or an\ninstrument forming part of the land register.\n(3) If the land register is corrected, the Registrar-General must record\nin the land register:\n(a) the state of the land register before the correction; and\n(b) the time, date and circumstances of the correction.\n(4) The land register corrected by the Registrar-General has the same\neffect as if the relevant error had not been made.\n(5) For subsection (1)(b), the rights of the holder of an interest\nrecorded in the land register are not prejudiced if the holder\nacquired or has dealt with the interest with actual or constructive\nknowledge that the land register was incorrect and how it was\nincorrect.\n(6) The Registrar-General may before taking any action under this\nsection give notice of the proposed action to any person that the\nRegistrar-General considers should be notified of it.\n(7) If the Registrar-General gives notice under this section, the\nRegistrar-General:\n(a) may refuse to take the action until the period specified in the\nnotice expires; and\n(b) may proceed to take the action at or after the period expires\nunless the Registrar-General is served with, or with written\nnotice of, an order of the Supreme Court restraining the\n\nLand Title Act 2000 16\nRegistrar-General from so doing.\n(8) If a person given notice under this section does not within the time\nlimited by the notice serve on the Registrar-General or give the\nRegistrar-General written notice of an order of the Supreme Court\nrestraining the Registrar-General from taking the action, no action\nby that person or by any person claiming through or under that\nperson may be instituted against the Registrar-General in respect of\nthe taking of the action specified in the notice.\n(9) No action may be instituted against the Registrar-General for failure\nto give a notice under this section.\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Registrar-General may prepare and lodge caveat","content":"18 Registrar-General may prepare and lodge caveat\n(1) The Registrar-General may prepare and lodge a caveat over a lot in\nfavour of:\n(a) a registered proprietor of the lot; or\n(b) someone else who has an interest in the lot.\n(2) The Registrar-General may act under subsection (1) to prevent a\ndealing with the lot that may prejudice:\n(a) the Territory, the Commonwealth or a local government body;\n(b) a minor;\n(c) a person who is intellectually or mentally impaired or who is\nincapable of managing his or her own affairs;\n(d) a person who is absent from the Territory;\n(e) a person because of misdescription of the lot or its\nboundaries;\n(f) a person because of fraud or forgery; or\n(g) any other person who has an interest in the lot.\n(3) The Registrar-General may act under subsection (1) to prevent a\ndealing with a lot to give effect to an order of a court of competent\njurisdiction directed to the Registrar-General.\n(4) Subsection (2)(g) applies only if the Registrar-General is satisfied\nthere is no practicable alternative to registering the caveat, because\nof the nature or urgency of particular circumstances.\n\nLand Title Act 2000 17\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Registrar-General may require public notice to be given of","content":"19 Registrar-General may require public notice to be given of\ncertain proposed action\n(1) This section applies if a person asks the Registrar-General to do\nany of the following things:\n(a) register a transmission of a registered interest;\n(b) issue a substitute registered instrument;\n(c) dispense with production of an instrument.\n(2) The Registrar-General may, by written notice, require the person to\ngive public notice of the request.\n(3) The Registrar-General may specify in the notice:\n(a) what is to be included in the public notice;\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.\n(4) The person must satisfy the Registrar-General that the public notice\nhas been given as required by the Registrar-General.\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Registrar-General may decide to hold inquiry","content":"20 Registrar-General may decide to hold inquiry\nThe Registrar-General may decide to hold an inquiry under this\nDivision:\n(a) to decide whether the land register should be corrected;\n(b) to decide whether a person should produce an instrument for\nthe purposes of registering a dealing;\n(c) to consider whether a person has fraudulently or wrongfully\nobtained, kept or procured an instrument affecting land in the\n(d) to consider whether a person has fraudulently or wrongfully\nprocured a particular in the land register or an endorsement\non an instrument affecting land;\n(e) in circumstances that may be prescribed.\n\nLand Title Act 2000 18\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Registrar-General's duties on inquiry","content":"21 Registrar-General's duties on inquiry\nWhen conducting the inquiry, the Registrar-General:\n(a) must observe natural justice; and\n(b) must act as quickly, and with as little formality and technicality,\nas is consistent with a fair and proper consideration of the\nissues.\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Registrar-General may decide procedures","content":"22 Registrar-General may decide procedures\n(1) The Registrar-General:\n(a) is not bound by the rules of evidence;\n(b) may inform himself or herself in any way the Registrar-\nGeneral considers appropriate; and\n(c) may decide the procedures to be followed at the inquiry.\n(2) The Registrar-General must comply with this Division and the\nprocedural rules that may be prescribed.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Registrar-General's powers on inquiry","content":"23 Registrar-General's powers on inquiry\nIn conducting the inquiry, the Registrar-General may:\n(a) act in the absence of a person who has been given\nreasonable notice; and\n(b) require a person to give evidence on oath or by statutory\ndeclaration; 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\npractitioner) to represent someone at the inquiry.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Notice to witness","content":"24 Notice to witness\n(1) The Registrar-General may, by written notice given to a person,\nrequire the person to attend the inquiry at a specified time and\nplace as a witness to give evidence or produce specified\ndocuments or things.\n\nLand Title Act 2000 19\n(2) A person required to appear as a witness before the inquiry is\nentitled to:\n(a) the witness fees that are prescribed; or\n(b) if no witness fees are prescribed – the reasonable witness\nfees decided by the Registrar-General.\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Offence by witness","content":"25 Offence by witness\n(1) A person commits an offence if the person is given a notice under\nsection 24 and the person fails to comply with the notice.\nMaximum penalty: 100 penalty units.\n(2) A person commits an offence if:\n(a) the person appears as a witness at an inquiry; and\n(b) the person does not:\n(i) take an oath when required by the Registrar-General; or\n(ii) answer a question the person is required to answer by\nthe Registrar-General; or\n(iii) produce a document or thing the person is required to\nproduce by the Registrar-General.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the person has a reasonable excuse.\nNote for subsection (4)\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Powers of Registrar-General following inquiry","content":"26 Powers of Registrar-General following inquiry\nThe Registrar-General may at the end of an inquiry do any of the\n(a) correct the land register;\n(b) order that an instrument be produced;\n\nLand Title Act 2000 20\n(c) refer any findings of fraudulent or wrongful actions to the\nCommissioner of Police;\n(d) lodge a caveat under section 18;\n(e) publish reasons for any decision made.\n","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Referral to NTCAT from inquiry","content":"27 Referral to NTCAT from inquiry\n(1) If in an inquiry under Division 4, a person:\n(a) fails to attend as required by a notice given under section 24;\nor\n(b) fails to continue to attend as required by the Registrar-\nGeneral; or\n(c) fails to take an oath when required by the Registrar-General;\nor\n(d) fails to answer a question the person is required to answer by\nthe Registrar-General; or\n(e) fails to produce a document or thing the person is required to\nproduce by a notice under section 24,\nthe Registrar-General may apply to NTCAT for an order to compel\nthe person to comply with the notice or requirement.\n(2) NTCAT may make any order to assist the Registrar-General in his\nor her conduct of the inquiry that NTCAT considers appropriate.\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Other referrals by Registrar-General to Supreme Court","content":"28 Other referrals by Registrar-General to Supreme Court\nIn any matter under this Act, the Registrar-General may:\n(a) apply to the Supreme Court for directions; or\n(b) state a case for decision by the Supreme Court.\n\nLand Title Act 2000 21\n","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Record of non-current or historical dealings","content":"29 Record of non-current or historical dealings\n(1) The Registrar-General must keep a record of all dealings, including\nnon-current or historical dealings, recorded in, or action taken in\nrespect of, the land register and any other non-current or historical\ninformation in relation to the land register that the Registrar-General\nthinks fit.\n(2) The record of dealings kept under subsection (1) is not part of the\n(3) The Registrar-General may permit a person to have access to the\nrecord of dealings kept under subsection (1) on the person paying\nthe prescribed fee, if any.\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Particulars Registrar-General must record","content":"30 Particulars Registrar-General must record\n(1) The Registrar-General must record in the land register the\nparticulars necessary to identify:\n(a) every lot brought under this Act;\n(b) every interest registered in the land register;\n(c) the name of the person who holds, and the name of each\nperson who has held, a registered interest;\n(d) if the person who holds a registered interest is a minor – the\nperson's date of birth; and\n(e) all instruments registered in the land register and when they\nwere lodged and registered.\n(2) The Registrar-General must also record in the land register\nanything else required to be recorded by this or another Act.\n(3) An interest in a lot includes details of trusts for public purposes\ncreated by the Crown in relation to the lot.\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Particulars Registrar-General may record","content":"31 Particulars Registrar-General may record\n(1) The Registrar-General may record in the land register anything that\nthe Registrar-General is permitted to record by this or another Act.\n(2) The Registrar-General may also record in the land register anything\nthat the Registrar-General considers should be recorded to ensure\n\nLand Title Act 2000 22\nthat the land register is an accurate, comprehensive and useable\nrecord of land in the Territory.\n","sortOrder":39},{"sectionNumber":"31A","sectionType":"section","heading":"Particulars Registrar-General may remove","content":"31A Particulars Registrar-General may remove\nThe Registrar-General may remove from the land register anything\nrecorded under section 30(2) or 31 if:\n(a) the Registrar-General no longer considers the thing should be\nrecorded to ensure the land register is an accurate,\ncomprehensive and usable record of land in the Territory; and\n(b) the removal of the thing will not prejudice the rights of the\nholder of an interest recorded in the land register.\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Entitlement to search land register","content":"32 Entitlement to search land register\n(1) A person may, on payment of the prescribed fee:\n(a) search and obtain a copy of:\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\n(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\ninstrument, certified by the Registrar-General to be an\naccurate copy.\n(2) Subsection (1)(a)(iii) does not apply to an instrument that has been\ndisposed of by the Registrar-General under section 165.\n(3) A search under subsection (1) may be carried out at, or a copy\nmentioned in subsection (1) obtained from, the Land Titles Office\nduring business hours on a day the office is open for business.\n(4) In addition, a search under subsection (1) may be carried out by, or\na copy mentioned in subsection (1) obtained from, an entity\nengaged by the Registrar-General for allowing persons to search\nthe land register or obtain copies of indefeasible titles, registered or\nother instruments, or information, kept in the land register.\n(5) The Registrar-General may allow a person to carry out a search\nunder subsection (1)(a) for:\n(a) part of an indefeasible title for a lot; or\n\nLand Title Act 2000 23\n(b) part of an instrument; or\n(c) part of the information about an instrument.\n(6) Subject to subsection (7), the Registrar-General may enter into an\narrangement with an Agency allowing the Agency to carry out a\nsearch, or obtain a copy, under this section without payment of the\nfee mentioned in subsection (1).\n(7) The Registrar-General may enter into an arrangement under\nsubsection (6) only if the Registrar-General is reasonably satisfied\nthe information obtained from the search or the copy will not be:\n(a) used for a commercial purpose, including, for example, the\nmarketing or sale of the information or other information; or\n(b) included in another database of information, in any form, other\nthan with approval from the Registrar-General.\n","sortOrder":41},{"sectionNumber":"32A","sectionType":"section","heading":"Fee required to produce document under subpoena","content":"32A Fee required to produce document under subpoena\n(1) This section applies in relation to:\n(a) a fee payable under section 32(1) for a person to obtain a\ncopy of an indefeasible title, registered or other instrument, or\ninformation; and\n(b) a subpoena that requires the title, instrument or information to\nbe produced.\n(2) Despite any other law or rule of court, the Registrar-General is not\nrequired to produce, or provide a copy of, the document until the\nfee mentioned in section 32(1) is paid.\n(3) Subsection (2) does not apply if an Agency is not required to pay a\nfee for the document under an agreement mentioned in\nsection 32(6).\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Evidentiary effect of certified copies of documents","content":"33 Evidentiary effect of certified copies of documents\n(1) A document purporting to be a certified copy of the indefeasible title\nof a lot, certified by the Registrar-General to be an accurate copy, is\nevidence of the indefeasible title.\n(2) A document purporting to be a certified copy of a registered\ninstrument, certified by the Registrar-General to be an accurate\ncopy, is evidence of the registered instrument.\n\nLand Title Act 2000 24\n","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Caution notices","content":"34 Caution notices\n(1) The Minister or, if a minister of the Commonwealth has\nadministrative responsibility for the first grant or transfer of land\nfrom the Crown, that minister may lodge with the Registrar-General\na memorandum if he or she is of the opinion that characteristics of\nor relating to the land may adversely affect its use or occupation.\n(2) The memorandum may be lodged:\n(a) on the first grant or transfer of land (whether freehold or\nleasehold) from the Crown; or\n(b) at any time afterwards with the consent in writing of the\nregistered proprietor of any interest in the land that is affected\nby the memorandum.\n(3) The memorandum is to:\n(a) identify the land;\n(b) set out the characteristics of or relating to the land that may\nadversely affect its use or occupation; and\n(c) if the memorandum is lodged other than on the first grant or\ntransfer of the land – contain the consent of the registered\nproprietor of any interest in the land that is affected by the\nmemorandum.\n(4) Characteristics of or relating to land that may be set out in the\nmemorandum include:\n(a) a propensity towards flooding;\n(b) the presence of unexploded bombs or other ordnance; and\n(c) the presence of rubbish disposal or landfill sites, whether\ncompacted or not.\n(5) The Registrar-General must:\n(a) register the memorandum; and\n(b) enter a caution notice in the land register against the land to\nwhich the memorandum relates.\n(6) A caution notice does not of itself preclude any dealing with the\n\nLand Title Act 2000 25\n","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Notices of statutory restrictions","content":"35 Notices of statutory restrictions\n(1) If a law of the Territory imposes a restriction on the use or\noccupation, or any dealing, with land, the Minister having\nresponsibility for the administration of the law:\n(a) may; or\n(b) if the land is prescribed property and was granted to an\nassociation or corporation by section 46(1A) of the Lands\nAcquisition Act 1978 – must,\nlodge with the Registrar-General a memorandum.\n(2) The memorandum is to:\n(a) identify the land;\n(b) specify the statutory authority under which the restriction was\nimposed and the date on which it was imposed; and\n(c) request that a memorial be entered in the land register in\nrelation to the land.\n(3) If, immediately before the commencement of this subsection, a\nrestriction consisted of the right of the Crown to revoke the\nreservation on land held by a council on lease under legislation\nthen in force, the right (and hence the restriction) continues in force\nas if the relevant legislation had continued in force.\n(4) If land is prescribed property and was acquired wholly or partly from\nor using funds obtained under a grant from the Commonwealth, the\nappropriate minister of the Commonwealth may lodge the\nmemorandum instead of the Minister.\n(5) The Registrar-General must:\n(a) register the memorandum; and\n(b) enter a statutory restrictions notice in the land register against\nthe land to which the memorandum relates.\n(6) A statutory restrictions notice does not of itself preclude any\ndealings with land but has effect according to the tenor of the\nstatutory restriction to which it refers.\n(7) In this section, prescribed property has the meaning it has in the\nAssociations Act 2003.\n\nLand Title Act 2000 26\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Removal of memorials","content":"36 Removal of memorials\n(1) The Minister may direct the Registrar-General to remove a\nmemorial made under section 34 or 35 if the Minister is satisfied the\nreason for the entry of the memorial no longer exists.\n(2) The Registrar-General must remove the memorial on being directed\nunder subsection (1).\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"No liability on Minister, etc.","content":"37 No liability on Minister, etc.\nNo action or proceeding lies against a minister or a minister of the\nCommonwealth, or the Territory or the Commonwealth, on account\nof anything done or omitted to be done for the purposes of\nsections 34 and 35 or done in good faith and purported to be done\nin pursuance of sections 34 and 35.\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Record of administrative and other interests and information","content":"38 Record of administrative and other interests and information\n(1) The Registrar-General may provide access to information that the\nRegistrar-General considers necessary or desirable in relation to\n(1A) Without limiting subsection (1), the Registrar-General may provide\naccess to information regarding a determination of native title in\nrelation to land.\n(2) Subject to another Act and the Regulations, the Registrar-General\nmay allow a person access to information referred to in\nsubsections (1) and (1A) in accordance with an agreement entered\ninto between the Registrar-General and the person and on the\nperson paying the prescribed fee, if any.\n(3) The Registrar-General may provide access to information referred\nto in subsections (1) and (1A) by means of a certificate, statement,\nvisual display unit, computer print-out, microfiche reader or any\nother means that the Registrar-General considers appropriate.\n(4) The Registrar-General may provide access to information under\nthis section in a way to limit the liability of:\n(a) the Registrar-General or the Territory;\n(b) the Commonwealth;\n(c) a statutory authority of the Territory or the Commonwealth, a\nlocal government body or a prescribed organisation; or\n\nLand Title Act 2000 27\n(d) an employee of the Territory or the Commonwealth or of a\nstatutory authority, local government body or prescribed\norganisation referred to in paragraph (c),\nfor any omission from, or misstatement or inaccuracy in, the\ninformation.\n(5) Information referred to in subsections (1) and (1A) is not part of the\n(6) In this section:\ndetermination of native title, see section 225 of the Native Title\nAct 1993 (Cth).\n","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Creation of indefeasible title","content":"39 Creation of indefeasible title\nAn indefeasible title for a lot is created on the recording of the\nparticulars of the lot in the land register.\n","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Meaning of indefeasible title","content":"40 Meaning of indefeasible title\nThe indefeasible title for a lot is the current particulars in the land\nregister about the lot.\n","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Single indefeasible title for 2 or more lots","content":"41 Single indefeasible title for 2 or more lots\n(1) The Registrar-General may create a single indefeasible title for 2 or\nmore lots that have the same registered owner by including a single\nset of particulars for the lots in the land register.\n(2) The Registrar-General may act under this section if the lots:\n(a) share a common boundary; or\n(b) have a boundary that adjoins the same part of a road, railway\nor watercourse.\n(3) The Registrar-General may only create a single title under this\nsection if:\n(a) there is an approval or exemption under the Planning\nAct 1999 concerning the consolidation of the lots into the\nsingle title; or\n(b) the title is being created in pursuance of a deed of grant.\n\nLand Title Act 2000 28\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Separation of single indefeasible title for 2 or more lots","content":"42 Separation of single indefeasible title for 2 or more lots\n(1) If the Registrar-General has created a single indefeasible title for\n2 or more lots, the Registrar-General may create separate\nindefeasible titles for any of the lots by cancelling the single set of\nparticulars for the lots in the land register and including separate\nparticulars for the lots.\n(2) This section does not prevent the Registrar-General from also\nacting under section 41 for 2 or more of the lots.\n(3) The Registrar-General may only create single titles under\nsubsection (1) if there is an approval or exemption under the\nPlanning Act 1999 that permits each lot to exist separately from any\nother lot.\n","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Transfer of land forming part of indefeasible title","content":"43 Transfer of land forming part of indefeasible title\nIf the Registrar-General registers an instrument of transfer of a lot\nor lots (being only part of the land in the indefeasible title), the\nRegistrar-General must create separate indefeasible titles for the lot\nor lots transferred and for the lot or lots not transferred by\ncancelling the single set of particulars for the lots and including\nseparate particulars for the lot or lots not transferred.\n","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Issuing of certificates as to title","content":"44 Issuing of certificates as to title\n(1) If any of the following ask, in the prescribed form, for the Registrar-\nGeneral to issue a certificate containing the indefeasible title for a\nlot, the Registrar-General may, subject to subsection (2), issue the\ncertificate:\n(a) the registered owner of the lot;\n(b) a legal practitioner acting for the registered owner of the lot;\n(c) a conveyancing agent acting for the registered owner of the\nlot.\n(2) If the lot is subject to a registered mortgage, the Registrar-General\nmay issue a certificate under subsection (1) only if:\n(a) for a lot subject to one registered mortgage – the mortgagee\nconsents to the issue of the certificate; or\n(b) for a lot subject to more than one registered mortgage – the\nfirst registered mortgagee consents to the issue of the\ncertificate.\n\nLand Title Act 2000 29\n(3) Also, if an instrument has been lodged to register an interest in the\nlot, the Registrar-General may refuse to issue the certificate as to\ntitle until the instrument has been registered.\n(4) The Registrar-General may issue a certificate as to title noted by\nhim or her as being qualified as to boundaries if he or she is not\nsatisfied that the description of the lot to which it relates accurately\nidentifies the boundaries of the lot.\n(5) The certificate as to title:\n(a) is to be in the prescribed form; and\n(b) subject to a direction from the Minister or to another Act – is to\ncontain a diagram describing the parcel of land to which the\ncertificate relates.\n(6) The Registrar-General may give the certificate as to title to the\nregistered owner:\n(a) by posting it to the owner or to someone else specified in the\nrequest, at the address specified in the request; or\n(b) by personally giving it to the owner or someone else specified\nin the request.\n(7) The Registrar-General must give the certificate as to title to the\nperson stated in the owner's request.\n","sortOrder":54},{"sectionNumber":"45","sectionType":"section","heading":"Note about issue of certificate as to title etc.","content":"45 Note about issue of certificate as to title etc.\n(1) If the Registrar-General issues a certificate as to title for a lot, the\nRegistrar-General:\n(a) must make a note in the particulars for the lot in the land\nregister that the certificate has been issued; and\n(b) may issue a second certificate only if the first certificate is\ncancelled.\n(2) The Registrar-General may cancel a certificate as to title, without\nproduction of the certificate, if, in accordance with section 153:\n(a) a dealing is registered without the need for the production of\nthe certificate as to title; and\n(b) a new certificate as to title is issued showing the current\nregistered interests in the lot.\n\nLand Title Act 2000 30\n","sortOrder":55},{"sectionNumber":"46","sectionType":"section","heading":"Cancellation of certificate as to title on deposit","content":"46 Cancellation of certificate as to title on deposit\nUnless the Registrar-General otherwise directs, a certificate as to\ntitle that is deposited in the Land Titles Office is cancelled, whether\nor not a note of the cancellation is made on it.\n","sortOrder":56},{"sectionNumber":"47","sectionType":"section","heading":"Evidentiary effect of certificate as to title","content":"47 Evidentiary effect of certificate as to title\n(1) A certificate as to title is conclusive evidence of the indefeasible title\nfor the lot when it is issued:\n(a) other than in the circumstances described in sections 188\nand 189; or\n(b) except as far as the particulars specified in the certificate in\nfact differ from the indefeasible title.\n(2) In respect of any matter not covered by subsection (1), if there is a\nconflict, difference or variation between the contents of the land\nregister and a certificate as to title, the land register prevails.\n","sortOrder":57},{"sectionNumber":"48","sectionType":"section","heading":"Alienated Crown land to be registered","content":"48 Alienated Crown land to be registered\n(1) If land is alienated from the Crown, the deed of grant in the\nappropriate form must be lodged in the Land Titles Office.\n(2) The Registrar-General must register the deed of grant by recording\nthe particulars of the deed of grant in the land register.\n(2A) If a grant of a fee simple interest is made in accordance with a\nregistered indigenous land use agreement that provides for the\napplication of the non-extinguishment principle to the grant:\n(a) the person lodging the deed of grant under subsection (1)\nmust also:\n(i) lodge in the Land Titles Office a notice in the approved\nform providing information in relation to the registered\nindigenous land use agreement; and\n(ii) deposit in the Land Titles Office a copy of an extract of\nthe details entered on the Register of Indigenous Land\nUse Agreements for the registered indigenous land use\nagreement; and\n\nLand Title Act 2000 31\n(b) the Registrar-General must also record in the land register:\n(i) a notice that the grant is made in accordance with a\nregistered indigenous land use agreement; and\n(ii) information sufficient to identify the registered\nindigenous land use agreement in accordance with\nwhich the grant is made.\n(3) An indefeasible title is created for the relevant lot when the deed of\ngrant is registered.\n(4) Subsection (3) operates in respect of a crown lease subject to the\nAct under which the crown lease was granted.\n(5) On receiving a notice from the Minister that a crown lease has been\nlawfully forfeited or determined in whole or in part, the Registrar-\nGeneral must make an entry to that effect in the land register.\n(6) The forfeiture or determination has effect when the Registrar-\nGeneral makes the entry in the land register under subsection (5).\n(7) Subject to subsection (9), the Registrar-General must register the\nsurrender of a crown lease in the land register on the surrender\nbeing lodged with the Registrar.\n(8) The surrender is to be in an appropriate form.\n(9) The Registrar-General must not register the surrender of a crown\nlease unless he or she is satisfied that all persons with a registered\ninterest in the crown lease:\n(a) consent or agree to the surrender; or\n(b) have an interest that has a lower priority to the interest of the\nperson who is seeking to surrender the lease.\n(10) In subsection (5), Minister means the Minister administering the\nAct under which the crown lease was forfeited or determined.\n(11) In this section:\nindigenous land use agreement, see section 253 of the Native\nTitle Act 1993 (Cth).\nnon-extinguishment principle, see section 238 of the Native Title\nAct 1993 (Cth).\nRegister of Indigenous Land Use Agreements, see section 253\nof the Native Title Act 1993 (Cth).\n\nLand Title Act 2000 32\nregistered indigenous land use agreement means an indigenous\nland use agreement registered in the Register of Indigenous Land\nUse Agreements.\n","sortOrder":58},{"sectionNumber":"49","sectionType":"section","heading":"Alteration of title affecting registered interests","content":"49 Alteration of title affecting registered interests\n(1) In this section, Crown lease means a deed of grant in leasehold.\n(2) On lodging an application to register:\n(a) a surrender of a Crown lease that is subject to registered\ninterests; and\n(b) a deed of grant (in freehold or leasehold) in respect of land, or\npart of land, comprised in the surrendered Crown Lease,\nthe applicant may lodge with the application:\n(c) an application to carry forward the registered interests (limited,\nif appropriate, to the land specified in the application); and\n(d) the consent of the registered proprietors of the registered\n(3) On receiving an application under subsection (2), the Registrar-\nGeneral must register:\n(a) the surrender; and\n(b) the deed of grant, subject to the registered interests (limited, if\nappropriate, to the land specified in the application under\nsubsection (2)(a)).\n(4) On registration under subsection (3), an instrument creating the\nregistered interest is to be taken to have been modified accordingly.\n(5) On lodging an application to register an instrument that adds land\nto, or removes land from, a registered lot that is subject to\nregistered interests, the applicant may lodge with the application:\n(a) an application to carry forward the registered interests (limited,\nif appropriate, to the land specified in the application); and\n(b) the consent of the registered proprietors of the registered\n(6) On receiving an application under subsection (5), the Registrar-\nGeneral must register the instrument and issue any new title that he\nor she considers necessary subject to the registered interests\n(limited, if appropriate, to the land specified in the application under\n\nLand Title Act 2000 33\nsubsection (5)(a)).\n(7) Subject to subsection (8), on registration under subsection (6) the\ninstrument creating the registered interests is to be taken to have\nbeen modified accordingly.\n(8) Registration under subsection (6) does not have the effect of\nextending to land added to a title to a lot a lease relating to a part\nonly of the land formerly included in the title unless an intention that\nthe lease be extended is indicated in the application for registration.\nDivision 2 Land held by Territory\n50 Land held by Territory\nThe Territory may acquire, hold and deal with lots under this Act.\n51 Plan of subdivision and plan of consolidation\n(1) A lot may be subdivided by the registration of a plan of subdivision\non the application of the registered owner of the fee simple interest\nin the lot.\n(2) If the registered owner of the fee simple interest in each of 2 or\nmore lots is the same person, the lots may be consolidated by the\nregistration of a plan of consolidation on the application of the\n(3) Subsections (1) and (2) do not apply to a subdivision or\nconsolidation under the Unit Titles Act 1975.\nNotes for subsection (3)\nA subdivision or consolidation under the Unit Titles Act 1975 requires the\nregistration of a units plan or a document covered by section 9A of the Real\nProperty (Unit Titles) Act 1975.\nThe Unit Titles Act 1975 and the Real Property (Unit Titles) Act 1975 sets out the\nrequirements for the registration.\n(4) Subsections (1) and (2) have effect subject to Part 4, Division 4 in\nrelation to a subdivision or consolidation of land that is, or proposed\nto be, the scheme land of a scheme.\n\nLand Title Act 2000 34\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Registration of plan","content":"52 Registration of plan\n(1) A plan of subdivision or a plan of consolidation (the plan) must:\n(a) distinctly show all roads, streets, passages, courts, alleys,\nthoroughfares, cul-de-sacs, squares, parks, water or drainage\nreserves, reserves or similar open spaces that are to be\ndedicated to public use; and\n(b) show all proposed easements and easements in gross for\neach proposed lot; and\n(c) identify any benefit or burden of covenants for each proposed\nlot; and\n(d) mark each proposed lot with a distinct number.\n(2) The Registrar-General must not register the plan unless:\n(a) each registered owner and mortgagee, in relation to the lot to\nbe subdivided, or a lot to be consolidated, has consented to\nthe plan; and\n(b) a development permit has been issued under the Planning\nAct 1999 for the subdivision or consolidation.\n(3) Without limiting subsection (2), the Registrar-General may refuse to\nregister the plan unless consents to the plan are provided by:\n(a) the lessee under any lease;\n(b) a person who has rights against the lot to be subdivided, or a\nlot to be consolidated, under a registered writ of execution;\n(c) a caveator under a caveat affecting any estate or interest in\nthe lot to be subdivided, or a lot to be consolidated;\n(d) a person with an interest under an easement;\n(e) a person with an interest under a restrictive covenant; or\n(f) any other registered proprietors of any interest in or in respect\nof the lot to be subdivided, or a lot to be consolidated.\n(4) The Registrar-General must not require a consent referred to in\nsubsection (3) unless he or she is of the view that the rights under\nlaw of a person would be adversely affected by registering the plan.\n(5) In determining whether the rights of a person are affected, the\nRegistrar-General must have regard to the Registrar-General's\n\nLand Title Act 2000 35\n(6) The Registrar-General may without giving notice to any person,\ndispense with the requirement for a person to give his or her\nconsent under this section on receiving from the person seeking to\nregister the plan:\n(a) a written application; and\n(b) an indemnity that the Registrar-General considers appropriate.\n(7) Nothing in this section affects or prejudices a remedy that a person\nhas because of the registering of the plan without the person having\ngiven his or her consent.\n(8) If the remedy is an action in damages, the damages with costs may\nbe recovered against the Registrar-General if:\n(a) the person against whom the remedy is available ceases to be\nliable to pay damages; or\n(b) the person who is liable to pay the damages is bankrupt,\ninsolvent or cannot be found within Australia.\n(9) If the remedy is an action in damages and a person has failed to\nensure that the address for the service of notices is accurate, the\nperson is to be taken to have contributed to his or her loss and the\ncourt must take that into account in assessing damages.\n(10) The Registrar-General must not register a dealing that puts a\nsubdivision or consolidation into effect unless there is a consent\ngranted under Part 5 of the Planning Act 1999 in relation to the\nsubdivision.\n(11) Without limiting the meaning of rights under law in subsection (4),\na person's rights under a registered interest in land are, whilst the\nperson retains the power to enforce those rights, not affected by the\nfact that a subdivision or consolidation of the land may increase the\npotentiality of a use of the land that may affect the person's use or\nenjoyment of any land.\nNote\nSome of the provisions in this section are applied (with changes) for the\nregistration of a document relating to a subdivision or consolidation under the\nUnit Titles Act 1975 for section 7 or 9DA of the Real Property (Unit Titles)\nAct 1975.\n\nLand Title Act 2000 36\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Particulars to be recorded on registration of plan","content":"53 Particulars to be recorded on registration of plan\nIn registering a plan of subdivision or a plan of consolidation, the\nRegistrar-General must record in the land register:\n(a) particulars of each proposed lot that is not public use land;\nand\n(b) particulars of public use land within the meaning of the\nPlanning Act 1999 for the purposes of section 64 of that Act.\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Exclusion of road, railway and watercourse","content":"54 Exclusion of road, railway and watercourse\n(1) A lot may be divided by a plan of subdivision, or consolidated with\nother lots by a plan of consolidation, even though there is a road,\nrailway or watercourse within the boundaries of the lot that is not\npart of the lot.\n(2) However, the road, railway or watercourse is not included in any lot\ncreated by the plan, even though it may be within the boundaries of\nthe lot.\n","sortOrder":62},{"sectionNumber":"54A","sectionType":"section","heading":"Plan of subdivision and plan of consolidation","content":"54A Plan of subdivision and plan of consolidation\n(1) The Registrar-General:\n(a) must not register a plan of subdivision that subdivides land for\nthe formation of a scheme unless the first scheme statement\nof the scheme is also registered at the same time; and\n(b) must not register a plan of subdivision or plan of consolidation\nthat is inconsistent with the existing scheme statement of a\nscheme unless a subsequent scheme statement consistent\nwith the plan is also registered at the same time.\n(2) Without limiting subsection (1)(b), the plan is inconsistent with a\nscheme statement if it provides for the implementation of a stage of\ndevelopment of the scheme otherwise than as indicated in the\nscheme statement as mentioned in section 65(2) of the Unit Title\nSchemes Act 2009.\n","sortOrder":63},{"sectionNumber":"54B","sectionType":"section","heading":"Registration of scheme statement","content":"54B Registration of scheme statement\n(1) The Registrar-General may register a scheme statement only if:\n(a) a request for the registration is lodged by a person who may,\nor is required to, lodge the statement under the Unit Title\nSchemes Act 2009 (the UTS Act); and\n\nLand Title Act 2000 37\n(b) the request is accompanied by:\n(i) the scheme statement containing the information, and\naccompanied by the documents, required by the UTS\nAct; and\n(ii) if the UTS Act requires a particular resolution for the\ndecision of the body corporate to endorse the\nstatement – evidence of the resolution; and\n(iii) the written consent of persons to the registration as\nprescribed by regulation; and\n(iv) for the first scheme statement of a scheme formed under\nsection 71 or 72 of the UTS Act – a copy of the order or\nresolution mentioned in that section; and\n(v) for a subsequent scheme statement that reflects a plan\nof subdivision or plan of consolidation relating to the\nscheme land – the plan; and\n(vi) if the scheme is a member scheme of a layered\nscheme – a new scheme statement of another member\nscheme as prescribed by regulation; and\n(vii) for the first scheme statement of a scheme converted\nfrom a units plan or building development plan under\nsection 111 of the UTS Act – any document prescribed\nby regulation; and\n(viii) any other document prescribed by regulation; and\n(c) the Registrar-General is satisfied:\n(i) the scheme statement and accompanying documents\nmeet the requirements of the UTS Act; and\n(ii) for a scheme proposed to be a layered scheme or\nscheme intended to be developed progressively – the\nrequirements for such a scheme under the UTS Act are\nmet; and\n(iii) each of the scheme name, and body corporate name,\nspecified in the statement has not been used for another\nscheme, reserved under section 54C, or is otherwise\ninappropriate to be used for a scheme (including, for\nexample, because it is offensive).\n\nLand Title Act 2000 38\n(2) When registering a scheme statement, the Registrar-General must:\n(a) create an indefeasible title for each of the following in the land\nregister:\n(i) each unit of the scheme;\n(ii) the common property of the scheme; and\n(b) for the first scheme statement of a scheme – allocate:\n(i) a unique identifying number as the registration number\nof the scheme; and\n(ii) a unique identifying number as the registration number\nof the body corporate of the scheme; and\n(c) for a subsequent scheme statement replacing another scheme\nstatement of a scheme – cancel the registration of the other\nscheme statement; and\n(d) for the first scheme statement of a scheme formed by the\namalgamation of 2 or more basic schemes under section 72 of\nthe UTS Act – cancel the registration of the scheme\nstatements of the basic schemes; and\n(e) for the first scheme statement of a scheme converted from a\nunits plan or building development plan under section 111 of\nthe UTS Act – cancel the registration of the plan.\n(3) The indefeasible title for the common property created under\nsubsection (2)(a)(ii) is free of any interest previously existing in the\nlot constituting the property, other than an interest prescribed by\nregulation.\n(4) Without limiting subsection (3), a regulation may prescribe an\neasement under the Planning Act 1999 as an interest for that\nsubsection.\n","sortOrder":64},{"sectionNumber":"54C","sectionType":"section","heading":"Reservation of scheme name and body corporate name","content":"54C Reservation of scheme name and body corporate name\n(1) A person may apply to the Registrar-General for the reservation of\n1 or both of the following for a proposed scheme:\n(a) a scheme name;\n(b) a body corporate name.\n(2) The application must specify the proposed scheme land and each\nname to be reserved.\n\nLand Title Act 2000 39\n(3) The Registrar-General must refuse to reserve a name if:\n(a) it has already been used for another scheme; or\n(b) it has already been reserved under this section; or\n(c) the Registrar-General otherwise considers it is inappropriate\nto be used for a scheme (including, for example, because it is\noffensive).\n(4) The reservation ceases to have effect at the earliest of the\n(a) the end of 2 years after the Registrar-General reserved the\nname;\n(b) if the applicant applied for an extension before the end of the\n2 years – the end of a further period specified by the\nRegistrar-General that is not longer than 1 year;\n(c) if the applicant withdraws the application – the time of the\nwithdrawal.\n","sortOrder":65},{"sectionNumber":"54D","sectionType":"section","heading":"Registration of statement reflecting approved reinstatement","content":"54D Registration of statement reflecting approved reinstatement\nprocess\nThe Registrar-General may register a subsequent scheme\nstatement reflecting an approved reinstatement process as defined\nin section 58(1) of the Unit Title Schemes Act 2009 only if:\n(a) a statement specifying the process has been lodged; and\n(b) if the implementation of the process requires the registration of\na plan of subdivision or plan of consolidation – the plan has\nbeen lodged.\n","sortOrder":66},{"sectionNumber":"54E","sectionType":"section","heading":"Registration of documents required for termination of scheme","content":"54E Registration of documents required for termination of scheme\n(1) If a scheme is proposed to be terminated under section 72 of the\nUnit Title Schemes Act 2009 (the UTS Act), the prescribed fee\nmust be paid to the Registrar-General and the following documents\nmust be lodged:\n(a) a plan of termination for the scheme as prescribed by\nregulation;\n(b) the written consent of persons as prescribed by regulation;\n(c) the order or resolution mentioned in that section.\n\nLand Title Act 2000 40\n(2) The documents must be lodged by the body corporate of the\nscheme.\n(3) If the Registrar-General is satisfied the proposed termination\ncomplies with the UTS Act – the Registrar-General must:\n(a) register the documents; and\n(b) cancel the registration of the scheme statement of the\nscheme; and\n(c) cancel the registration of each plan of subdivision and plan of\nconsolidation relating to the scheme as prescribed by\nregulation; and\n(d) cancel any particulars in the land register about the scheme\nas prescribed by regulation.\n","sortOrder":67},{"sectionNumber":"54F","sectionType":"section","heading":"Registration and cancellation of disclosure statement","content":"54F Registration and cancellation of disclosure statement\n(1) The Registrar-General may register a disclosure statement only if:\n(a) it contains the information mentioned in section 45(2) of the\nUnit Title Schemes Act 2009 (the UTS Act); and\n(b) it has been signed and lodged by or for the seller mentioned in\nsection 45(3)(a) of the UTS Act; and\n(c) it is accompanied by each document prescribed by regulation\nas mentioned in section 45(3)(b) of the UTS Act.\n(2) The Registrar-General must cancel the registration of a disclosure\nstatement (the defective statement) when, as provided in\nsection 46 of the UTS Act, a replacement scheme disclosure\nstatement is registered to replace the defective statement.\n(3) If the person who gave a disclosure statement under the UTS Act\nceases to be the owner of the unit to which the statement relates,\nthe registration of the statement ceases to have effect.\n\nLand Title Act 2000 41\n","sortOrder":68},{"sectionNumber":"54G","sectionType":"section","heading":"Registration of documents required for termination of","content":"54G Registration of documents required for termination of\ndevelopment\n(1) If a development is to be terminated under Part 3, 4 or 5 of the\nTermination Act, the prescribed fee must be paid to the Registrar-\nGeneral, and the following documents must be lodged as\nmentioned in section 19 of that Act:\n(a) the plan of termination for the development as prescribed by\nregulation;\n(b) the written consent of persons as prescribed by regulation;\n(c) if Part 4 of the Termination Act applies – a certificate from the\nschemes supervisor stating that there is no impediment to the\ntermination of the development;\n(d) if applicable, the order of termination of the Tribunal made\nunder section 17, or the order of the Supreme Court made\nunder section 18, of the Termination Act, on or after the day\non which it takes effect;\n(e) the resolution mentioned in section 7 or 11 of the Termination\nAct.\n(2) The documents must be lodged by:\n(a) if Part 3 or 5 of the Termination Act applies – the body\ncorporate of the development; or\n(b) if Part 4 of the Termination Act applies – the proponent.\n(3) If the Registrar-General is satisfied that the proposed termination\ncomplies with the Termination Act, including that any order for the\ntermination of the development has taken effect under section 17(6)\nof that Act, the Registrar-General must:\n(a) register the documents; and\n(b) cancel the registration of the development; and\n(c) cancel any particulars in the land register about the\ndevelopment as prescribed by regulation; and\n\nLand Title Act 2000 42\n(d) create one indefeasible title for the lot that comprised the\ndevelopment land and register:\n(i) the persons who were the owners of the units\nimmediately before the termination to be the owners of\nthe lot as tenants in common; and\n(ii) the interest of each of the persons mentioned in\nsubparagraph (i) in the lot in accordance with the interest\nentitlements of the development as in force immediately\nbefore the termination; and\n(iii) each person who was the registered proprietor of an\neasement over the common property of the development\nimmediately before the termination to be the registered\nproprietor of an easement over the part of the lot that\nhad been the common property as if the easement had\noriginally been over the part of the lot; and\n(iv) each person who was the registered proprietor of an\neasement over a unit in the development immediately\nbefore the termination to be the registered proprietor of\nan easement over the part of the lot that had been the\nunit as if the easement had originally been over the part\nof the lot; and\n(v) each person who was the registered proprietor of a\nmortgage of a unit in the development immediately\nbefore the termination to be the registered proprietor of a\nmortgage of the interest of the person who had been the\nowner of the unit; and\n(vi) each person who was the registered proprietor of an\ninterest, other than an interest as lessee or an interest\nmentioned in subparagraph (iii), (iv) or (v), in a unit or\nthe common property of the development immediately\nbefore the termination to be a registered proprietor of the\nsame interest in the equivalent part of the lot; and\n(vii) any other interest required to be registered by order of\nthe Tribunal.\n(4) In this section:\nbody corporate, see section 4 of the Termination Act.\ndevelopment, see section 4 of the Termination Act.\n\nLand Title Act 2000 43\nowner, in relation to a unit in a development:\n(a) means:\n(i) if the development is a scheme – the unit owner under\nthe Unit Title Schemes Act 2009; or\n(ii) otherwise – the proprietor of the unit under the Unit\nTitles Act 1975; and\n(b) includes a person who has a share of the ownership of the\nunit as a joint tenant or tenant in common.\nproponent, see section 4 of the Termination Act.\nschemes supervisor, see section 5 of the Unit Title Schemes\nTermination Act means the Termination of Units Plans and Unit\nTitle Schemes Act 2014.\n","sortOrder":69},{"sectionNumber":"56","sectionType":"section","heading":"Registering life interests","content":"56 Registering life interests\nThe Registrar-General may record in the land register an interest in\na lot for life and an interest in remainder in a lot in the way the\nRegistrar-General considers appropriate.\n","sortOrder":70},{"sectionNumber":"57","sectionType":"section","heading":"Registering co-owners","content":"57 Registering co-owners\n(1) In registering an instrument transferring an interest to co-owners,\nthe Registrar-General must also register the co-owners as holding\ntheir interests as tenants in common or as joint tenants.\n(2) Subject to this section, if the instrument does not show whether\nco-owners are to hold as tenants in common or as joint tenants, the\nRegistrar-General must register the co-owners as tenants in\ncommon.\n(3) If the instrument was lodged before the commencement of this Act\nand the instrument does not show whether the co-owners are to\nhold as tenants in common or as joint tenants, the Registrar-\nGeneral must register the co-owners as joint tenants.\n(4) If the instrument was lodged before the commencement of this Act,\nthe Registrar-General may register the co-owners as joint tenants if\nhe or she is satisfied that the co-owners intended to hold as joint\ntenants.\n\nLand Title Act 2000 44\n","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Separate indefeasible titles for tenants in common","content":"58 Separate indefeasible titles for tenants in common\n(1) If a lot is, or is to be held, by 2 or more registered owners as\ntenants in common, the Registrar-General may create a separate\nindefeasible title for the interest of each owner by including a\nseparate set of particulars in the land register for the interest of\neach owner.\n(2) The Registrar-General may act under this section at the request of\nan owner.\n","sortOrder":72},{"sectionNumber":"59","sectionType":"section","heading":"Severing joint tenancy","content":"59 Severing joint tenancy\n(1) A registered owner of a lot that is subject to a joint tenancy may\nunilaterally sever the joint tenancy by registering a transfer\nexecuted by the registered owner.\n(2) The Registrar-General must not register the instrument of transfer\nunless the registered owner satisfies the Registrar-General that a\ncopy of the instrument has been given to all other joint tenants.\n(3) On the instrument of transfer being registered, the registered owner\nbecomes entitled as a tenant in common with the other registered\nowners.\n(4) If there are more than 2 joint tenants of the lot, the joint tenancy of\nthe other registered owners is not affected.\n","sortOrder":73},{"sectionNumber":"60","sectionType":"section","heading":"Registering transfer","content":"60 Registering transfer\n(1) Subject to subsections (2) and (3), a lot or an interest in a lot may\nbe transferred by registering an instrument of transfer for the lot or\ninterest.\n(2) To remove any doubt, except as provided in subsection (4), a part\nof a lot cannot be transferred.\n(3) A covenant in gross may only be transferred to a body referred to in\nsection 168 of the Law of Property Act 2000.\n(4) Subsection (2) does not prevent the transfer of a part of a lot:\n(a) where there has been a compulsory acquisition;\n\nLand Title Act 2000 45\n(b) where the subdivision is an excluded subdivision in terms of\nthe Planning Act 1999;\n(c) where the transfer is occurring as part of the obligations of the\nRegistrar-General under the Control of Roads Act 1953; or\n(d) in prescribed circumstances.\n","sortOrder":74},{"sectionNumber":"61","sectionType":"section","heading":"Requirements of instrument of transfer","content":"61 Requirements of instrument of transfer\n(1) An instrument of transfer for a lot or any interest in a lot must:\n(b) include particulars sufficient to identify:\n(i) the lot to be transferred; or\n(ii) the lot to which the interest applies;\n(c) include the value of the lot and the details of any\nconsideration; and\n(d) for an interest in a lot – include a description sufficient to\nidentify the interest to be transferred.\nfor an instrument of transfer may require to be included in the\n(3) In specified classes of cases, the Registrar-General may, in\naccordance with the Registrar-General's directions, waive the\nrequirements that:\n(a) the transfer be executed by the transferee; or\n(b) the value of the lot be included in the instrument of transfer.\n","sortOrder":75},{"sectionNumber":"62","sectionType":"section","heading":"Effect of registration of transfer","content":"62 Effect of registration of transfer\n(1) On an instrument of transfer for a lot or an interest in a lot being\nregistered, all the rights, powers, privileges and liabilities of the\ntransferor in relation to the lot vest in the transferee.\n(2) Without limiting subsection (1), the registered transferee of a\nregistered mortgage is bound by and liable under the mortgage to\nthe same extent as the original mortgagee.\n(3) Without limiting subsection (1), the registered transferee of a\nregistered lease is bound by and liable under the lease to the same\nextent as the original lessee.\n\nLand Title Act 2000 46\n(4) In this section, rights, in relation to a mortgage or lease, includes\nthe right to sue on the terms of the mortgage or lease and to\nrecover a debt or enforce a liability under the mortgage or lease.\n","sortOrder":76},{"sectionNumber":"63","sectionType":"section","heading":"Transfer of mortgaged lot","content":"63 Transfer of mortgaged lot\n(1) If a lot, or an interest in a lot, that is subject to a registered\nmortgage is transferred, the transferee is liable:\n(a) to comply with the terms of the mortgage and the terms\nimplied by an Act; and\n(b) to indemnify the transferor against liability under the mortgage\nand under this or another Act.\n(2) If a lot is transferred to a mortgagee of the lot, the Registrar-\nGeneral must register the mortgagee as registered owner released\nfrom the mortgage.\n(3) The Registrar-General must act under subsection (2) unless the\nmortgagee asks the Registrar-General not to act under the\nsubsection.\n","sortOrder":77},{"sectionNumber":"64","sectionType":"section","heading":"Transfer pursuant to statutory vesting or grant","content":"64 Transfer pursuant to statutory vesting or grant\n(1) If the Registrar-General is satisfied that land or any interest in land\nhas become vested in or granted to a person by or under an Act\n(including an Act of the Commonwealth), the Registrar-General:\n(a) must make in the land register entries in relation to the land\nthat he or she considers necessary in connection with the\nvesting or grant; and\n(b) may issue certificates as to title that he or she thinks fit in\nconsequence of the vesting or granting of the land or interest\nand, if it is necessary or appropriate, cancel any existing\ncertificate as to title.\n(2) The Registrar-General may exercise the power conferred by\nsubsection (1):\n(a) on an application in the appropriate form; or\n(b) on his or her own motion.\n","sortOrder":78},{"sectionNumber":"64A","sectionType":"section","heading":"Disclaimer in bankruptcy – land","content":"64A Disclaimer in bankruptcy – land\n(1) The Registrar-General may register a disclaimer of a lot or an\ninterest in a lot (except a lease) under a law about bankruptcy only\nif the disclaimer and a request to register it is lodged.\n\nLand Title Act 2000 47\n(2) The disclaimer operates as a surrender of the lot or interest in the\nlot on it being registered.\n(3) If the lot or the interest in the lot is mortgaged, a mortgagee may\napply to the Registrar-General to register a notice of foreclosure.\n(4) A notice of foreclosure must be accompanied by the disclaimer.\n(5) On the notice of foreclosure being registered:\n(a) the estate or interest of the bankrupt in the lot or interest in the\nlot vests in the mortgagee free from all other charges; and\n(b) the Registrar-General must register the mortgagee as\nregistered proprietor of the lot or interest in the lot.\n(6) A notice of foreclosure must not be registered unless the\nRegistrar-General is satisfied that the mortgagee:\n(a) has given 14 days written notice of the mortgagee's intended\napplication to every subsequent mortgagee of the lot or\ninterest in the lot; or\n(b) has obtained the written consent of every subsequent\nmortgagee of the lot or interest in the lot.\n(7) A subsequent mortgagee may pay to the mortgagee the amount\ndue to the mortgagee under the mortgage, with costs, at any time\nbefore foreclosure.\n(8) On paying the amount under subsection (7), the subsequent\nmortgagee is entitled to a transfer from the mortgagee of the\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Registering a lease","content":"65 Registering a lease\nA lot or part of a lot may be leased by registering an instrument of\nlease for the lot or part of the lot.\n","sortOrder":80},{"sectionNumber":"66","sectionType":"section","heading":"Requirements of instrument of lease","content":"66 Requirements of instrument of lease\n(1) An instrument of lease must:\n(b) include a description sufficient to identify the lot or part of the\nlot to be leased; and\n\nLand Title Act 2000 48\n(c) include an acknowledgement of the rent paid or payable and\ndetails of other consideration.\n(2) If the instrument of lease is for part of the lot, the instrument must\nalso include:\n(a) a sketch plan identifying the part of the lot drawn to a standard\nto the Registrar-General's satisfaction or a plan of survey\nidentifying the part of the lot, if required by the Registrar-\nGeneral; and\n(b) if required by the Planning Act 1999 – consent under Part 5 of\nthe Planning Act 1999.\n(3) However, the Registrar-General must allow the part of the lot to be\nidentified by a description alone if the Registrar-General is satisfied\nthe part of a lot is sufficiently identified by the description in the\n(4) This section does not limit the matters that the appropriate form for\nan instrument of lease may require to be included in the instrument.\n","sortOrder":81},{"sectionNumber":"67","sectionType":"section","heading":"Validity of lease or amendment of lease against mortgagee","content":"67 Validity of lease or amendment of lease against mortgagee\nA lease or amendment of a lease executed after registration of a\nmortgage of a lot is valid against the mortgagee only if the\nmortgagee consents to the lease or amendment before its\n","sortOrder":82},{"sectionNumber":"68","sectionType":"section","heading":"Renewing and extending a lease","content":"68 Renewing and extending a lease\n(1) The Registrar-General may register the renewal or an extension of\nthe term of a lease.\n(2) The Registrar-General may record in the land register that a lease\nhas expired.\n(3) Despite that a lease has on the face of the land register expired\nwithout having been renewed or extended, the Registrar-General\nmay register a notice executed by the lessee and the lessor that\nsets out that the lease has been extended or renewed.\n(4) For the purposes of sections 188 and 189, the date of the\nregistration of a notice under subsection (3) is the date of\nregistration of the lease as renewed or extended.\n\nLand Title Act 2000 49\n","sortOrder":83},{"sectionNumber":"69","sectionType":"section","heading":"Amending a lease","content":"69 Amending a lease\n(1) In this section, term, of a registered lease, includes a period of\npossession under the lease because of:\n(a) the exercise of an option to renew in the lease; or\n(b) a registered instrument of amendment extending the term of\nthe lease.\n(2) A registered lease may be amended by registering an instrument of\namendment of the lease.\n(3) However, the instrument of amendment must not:\n(a) add or remove a party to a lease; or\n(b) be lodged after the lease's term has ended.\n(4) The procedure for amending a lease is in addition to other rights\nthat are not inconsistent with this Act.\n","sortOrder":84},{"sectionNumber":"70","sectionType":"section","heading":"Re-entry by lessor","content":"70 Re-entry by lessor\n(1) If a lessor under a registered lease lawfully re-enters and takes\npossession under the lease or an Act, the lessor may lodge a\nrequest for the Registrar-General to register the re-entry.\n(2) The registering of the request for the re-entry does not release the\nlessee from liability in respect of a breach of any covenant, either\nexpress or implied, in the lease.\n","sortOrder":85},{"sectionNumber":"71","sectionType":"section","heading":"Surrendering lease","content":"71 Surrendering lease\n(1) A registered lease may be wholly or partly surrendered by operation\nof law or by registering an instrument of surrender of the lease\nexecuted by the lessor and the lessee.\n(2) However, a registered lease may be surrendered by registering an\ninstrument of surrender only with the consent of every registered\nmortgagee and registered sublessee of the lessee.\n(2A) In addition, if a registered lease (the surrendered lease) has been\nwholly or partly surrendered by operation of law, the\nRegistrar-General may register an instrument evidencing the\nsurrender if satisfied every registered mortgagee and registered\nsublessee of the lessee under the surrendered lease has been\ngiven written notice of the surrender.\n\nLand Title Act 2000 50\n(3) If an instrument of surrender is lodged, the Registrar-General must:\n(a) register the instrument; and\n(b) record the date of surrender specified in the instrument in the\n(4) The interest of the lessee in a registered lease vests in the lessor\non registering the instrument of surrender.\n(5) The Registrar-General may make an entry in the land register of the\nsurrender of a lease on receiving an application in the prescribed\nform from the lessor and the lessor producing any evidence that the\nRegistrar-General may require that the lessee has abandoned his\nor her occupation of the land comprised in the lease.\n(6) This section does not apply to a surrender or disclaimer under a law\nabout bankruptcy.\n","sortOrder":86},{"sectionNumber":"72","sectionType":"section","heading":"Disclaimer in bankruptcy – leases","content":"72 Disclaimer in bankruptcy – leases\n(1) The Registrar-General may register a disclaimer of a lease only if\nthe disclaimer and a request to register it is lodged.\n(2) The disclaimer operates as a surrender of the lease on it being\n(3) If the lease is mortgaged, a mortgagee may apply to the Registrar-\nGeneral to register a notice of foreclosure.\n(4) A notice of foreclosure must be accompanied by the disclaimer.\n(5) On the notice of foreclosure being registered:\n(a) the estate or interest of the bankrupt in the lease vests in the\nmortgagee free from all other charges; and\n(b) the Registrar-General must register the mortgagee as\nregistered proprietor of the lease.\n(6) A notice of foreclosure must not be registered unless the Registrar-\nGeneral is satisfied that the mortgagee:\n(a) has given 14 days written notice of his or her intended\napplication to every subsequent mortgagee of the lease; or\n(b) has obtained the written consent of every subsequent\nmortgagee of the lease.\n\nLand Title Act 2000 51\n(7) A subsequent mortgagee may pay to the mortgagee the amount\ndue to the mortgagee under the mortgage, with costs, at any time\nbefore foreclosure.\n(8) On paying the amount under subsection (7), the subsequent\nmortgagee is entitled to a transfer from the mortgagee of the\n","sortOrder":87},{"sectionNumber":"73","sectionType":"section","heading":"Validity of unregistered lease","content":"73 Validity of unregistered lease\nDespite section 184, but subject to sections 188 and 189, an\nunregistered lease of a lot or part of a lot operates as a lease at law\nas between the parties to the document creating the lease.\n","sortOrder":88},{"sectionNumber":"74","sectionType":"section","heading":"Mortgaging lot etc. by registration","content":"74 Mortgaging lot etc. by registration\nA lot or an interest in a lot may be mortgaged by registering an\ninstrument of mortgage for the lot or interest.\n","sortOrder":89},{"sectionNumber":"75","sectionType":"section","heading":"Requirements of instrument of mortgage","content":"75 Requirements of instrument of mortgage\n(1) An instrument of mortgage must:\n(b) include a description sufficient to identify the lot to be\nmortgaged;\n(c) include a description of the debt or liability secured by the\nmortgage; and\n(d) include a description sufficient to identify the interest to be\nmortgaged.\nfor an instrument of mortgage may require to be included in the\nform.\n","sortOrder":90},{"sectionNumber":"76","sectionType":"section","heading":"Effect of registering a mortgage","content":"76 Effect of registering a mortgage\nA registered mortgage of a lot or an interest in a lot operates only\nas a charge on the lot or interest for the debt or liability secured by\nthe mortgage.\n\nLand Title Act 2000 52\n","sortOrder":91},{"sectionNumber":"77","sectionType":"section","heading":"Equitable mortgage","content":"77 Equitable mortgage\n(1) An equitable mortgage of a lot may be created by leaving a\ncertificate as to title with the mortgagee.\n(2) Subsection (1) does not affect the ways in which an equitable\nmortgage may be created.\n","sortOrder":92},{"sectionNumber":"78","sectionType":"section","heading":"Amending a mortgage","content":"78 Amending a mortgage\n(1) A registered mortgage may be amended by registering an\ninstrument of amendment of the mortgage.\n(2) An instrument of amendment cannot add or remove a party to the\n","sortOrder":93},{"sectionNumber":"78A","sectionType":"section","heading":"Original mortgagee to confirm identity of mortgagor","content":"78A Original mortgagee to confirm identity of mortgagor\n(1) This section applies to:\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(2) Before the instrument of mortgage or amendment of mortgage is\nregistered, the mortgagee under the instrument (the original\nmortgagee) must ensure the person who is the mortgagor under\nthe instrument is identical to the person who is, or who is about to\nbecome, the registered proprietor of the lot or the interest in a lot.\n(3) For subsection (2):\n(a) a person is the mortgagor under an instrument of mortgage or\namendment of mortgage if the person executes the instrument\nas mortgagor, including, if the instrument is an electronic\nconveyancing document, through a subscriber digitally signing\nthe instrument under the Electronic Conveyancing National\nLaw (NT); and\n(b) a person is the mortgagor under an instrument of mortgage or\namendment of mortgage if the instrument is an electronic\nconveyancing document and the person signs, as mortgagor,\na document that under the participation rules under the\nElectronic Conveyancing National Law (NT):\n(i) is required as a supporting document for the instrument\nof mortgage or instrument of amendment of mortgage;\nand\n(ii) is required to be kept by the original mortgagee.\n\nLand Title Act 2000 53\n(4) An original mortgagee commits an offence if the original mortgagee\ndoes not comply with subsection (2).\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant took reasonable steps and exercised\ndue diligence to prevent the commission of the offence.\nNote for subsection (6)\n(7) An original mortgagee must, for 7 years after the instrument is\nregistered, and whether or not there is registered a transfer of the\ninterest constituted by the mortgage:\n(a) keep, in the approved form, a written record of the steps taken\nunder subsection (2); or\n(b) keep originals or copies of the documents and other evidence\nprovided to or otherwise obtained by the original mortgagee in\ncomplying with subsection (2).\n(8) An original mortgagee commits an offence if the original mortgagee\ndoes not comply with subsection (7).\nMaximum penalty: 50 penalty units.\n(9) An offence against subsection (8) is an offence of strict liability.\n(10) It is a defence to a prosecution for an offence against\nsubsection (8) if:\nthe defendant from complying with subsection (7).\nNote for subsection (10)\n\nLand Title Act 2000 54\n(11) The Registrar-General may, whether before or after the registration\nof the instrument and whether or not there has been registered a\ntransfer of the interest constituted by the mortgage, ask an original\nmortgagee:\n(a) to advise the Registrar-General about the steps taken by the\noriginal mortgagee under subsection (2); and\n(b) to produce for the Registrar-General's inspection the written\nrecord mentioned in subsection (7)(a) or the originals or\ncopies mentioned in subsection (7)(b).\n(12) An original mortgagee commits an offence if the original mortgagee\ndoes not comply with a request under subsection (11).\nMaximum penalty: 20 penalty units.\n(13) An offence against subsection (12) is an offence of strict liability.\n(14) It is a defence to a prosecution for an offence against\nsubsection (12) if the defendant has a reasonable excuse.\nNote for subsection (14)\n","sortOrder":94},{"sectionNumber":"79","sectionType":"section","heading":"Amending priority of mortgages","content":"79 Amending priority of mortgages\n(1) The priority of registered mortgages may be amended by\nregistering an instrument amending priority.\n(2) The instrument amending priority must:\n(a) specify the order of priority of all affected registered\nmortgages; and\n(b) be executed by all mortgagees affected by the amendment.\n(3) On the instrument being registered the mortgages have priority in\nthe order specified in the instrument.\n(4) If there is a registered mortgage intervening between any\n2 mortgages whose priority an instrument under subsection (1)\npurports to vary, the Registrar-General must not register the\nmemorandum unless the proprietor of the intervening mortgage is\nalso a party to it.\n","sortOrder":95},{"sectionNumber":"80","sectionType":"section","heading":"Powers of mortgagee","content":"80 Powers of mortgagee\n(1) A registered mortgagee of a lot has the powers and liabilities of a\nmortgagee under Part 7 of the Law of Property Act 2000.\n\nLand Title Act 2000 55\n(2) The powers in this section are in addition to other powers\nexercisable by the mortgagee.\n","sortOrder":96},{"sectionNumber":"81","sectionType":"section","heading":"Effect of transfer after sale by mortgagee","content":"81 Effect of transfer after sale by mortgagee\n(1) If an instrument of transfer executed by a registered mortgagee\nafter the exercise of the power of sale under the mortgage is\nregistered, registration of the instrument vests in the transferee the\nmortgagor's interest that is transferred, free from liability under:\n(a) the mortgage and (except where the mortgagor is the\npurchaser) any other mortgage registered after it; and\n(b) any other interest registered after it except:\n(i) a lease, easement or covenant to which the mortgagee\nhas consented in writing or to which he or she is a party;\nor\n(ii) a mortgage, easement or other right that is for any\nreason binding on the mortgagee.\n(2) The registration of a transfer by a mortgagee exercising a power of\nsale is not prevented by a caveat or an instrument that has effect as\na caveat if the caveat or instrument relates to an estate, interest or\nright to which the mortgage has priority.\n(3) On the transfer being registered any caveat and the registration of\nany instrument referred to in subsection (2) is to be taken to have\nbeen cancelled.\n","sortOrder":97},{"sectionNumber":"81A","sectionType":"section","heading":"Mortgage transferee to confirm identity of mortgagor","content":"81A Mortgage transferee to confirm identity of mortgagor\n(1) This section applies to the transfer of the interest constituted by the\nmortgage of a lot or an interest in a lot.\n(2) Before the instrument of transfer is lodged for registration, the\ntransferee under the instrument of transfer (the mortgage\ntransferee) must take reasonable steps to ensure the person who\nwas the mortgagor under the instrument of mortgage was identical\nto the person who, when the instrument of mortgage was\nregistered, was the registered proprietor of the lot, or the interest in\na lot.\n(3) For subsection (2):\n(a) a person was the mortgagor under an instrument of mortgage\nif the person executed the instrument as mortgagor, including,\nif the instrument is an electronic conveyancing document,\nthrough a subscriber digitally signing the instrument under the\n\nLand Title Act 2000 56\nElectronic Conveyancing National Law (NT); and\n(b) a person was the mortgagor under an instrument of mortgage\nif the instrument is an electronic conveyancing document and\nthe person signed, as mortgagor, a document that under the\nparticipation rules under the Electronic Conveyancing National\nLaw (NT):\n(i) was required as a supporting document for the\ninstrument of mortgage; and\n(ii) was required to be kept by the original mortgagee\nmentioned in section 78A(2).\n(4) A mortgage transferee commits an offence if the mortgage\ntransferee does not comply with subsection (2).\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) A mortgage transferee must, for 7 years after the instrument of\ntransfer of the mortgage is registered and whether or not there is\nregistered a further transfer of the interest constituted by the\nmortgage:\n(a) keep, in the approved form, a written record of the steps taken\nunder subsection (2); or\n(b) keep originals or copies of the documents and other evidence\nprovided to or otherwise obtained by the mortgage transferee\nin complying with subsection (2).\n(7) A mortgage transferee commits an offence if the mortgage\ntransferee does not comply with subsection (6).\nMaximum penalty: 50 penalty units.\n(8) An offence against subsection (7) is an offence of strict liability.\n(9) It is a defence to a prosecution for an offence against\nsubsection (7) if:\n\nLand Title Act 2000 57\nthe defendant from complying with subsection (6).\nNote for subsection (9)\n(10) The Registrar-General may, whether before or after the registration\nof the instrument of transfer of the mortgage, and whether or not\nthere has been registered a further transfer of the interest\nconstituted by the mortgage, ask the mortgage transferee:\n(a) to advise the Registrar-General about the steps taken by the\nmortgage transferee under subsection (2); and\n(b) to produce for the Registrar-General's inspection the written\nrecord mentioned in subsection (6)(a) or the originals or\ncopies mentioned in subsection (6)(b).\n(11) A mortgage transferee commits an offence if the mortgage\ntransferee does not comply with a request under subsection (10).\nMaximum penalty 20 penalty units.\n(12) An offence against subsection (11) is an offence of strict liability.\n(13) It is a defence to a prosecution for an offence against\nsubsection (11) if the mortgage transferee has a reasonable\nexcuse.\nNote for subsection (13)\n","sortOrder":98},{"sectionNumber":"82","sectionType":"section","heading":"Liability of mortgagee in possession of leased lot","content":"82 Liability of mortgagee in possession of leased lot\n(1) A mortgagee of a leasehold interest in a lot who enters into\npossession under the lease (whether by taking the rents or profits\nor in another way) is liable under the lease to the same extent as\nthe lessee was liable under the lease before the mortgagee entered\ninto possession.\n(2) However, the liability of the mortgagee under the lease is limited to\nthe amounts of rents, profits or other benefits received by the\nmortgagee during the mortgagee's possession.\n\nLand Title Act 2000 58\n","sortOrder":99},{"sectionNumber":"83","sectionType":"section","heading":"Discharge of mortgage","content":"83 Discharge of mortgage\n(1) On an instrument discharging a mortgage being lodged, the\nRegistrar-General may register the discharge to the extent shown in\nthe instrument.\n(2) The instrument of discharge may discharge the debt or liability\nsecured for:\n(a) all or part of the mortgage; or\n(b) one or more of the mortgagors.\n(3) On the instrument of discharge being registered:\n(a) the mortgage is discharged; and\n(b) the lot is released from the mortgage,\nto the extent shown in the instrument.\n","sortOrder":100},{"sectionNumber":"84","sectionType":"section","heading":"Discharge of annuity","content":"84 Discharge of annuity\n(1) On an application being made in accordance with subsection (2),\nthe Registrar-General must make an entry in the land register\nnoting that an annuity or sum of money is satisfied and discharged.\n(2) The application is to be in the appropriate form and is to be\naccompanied by:\n(a) proof of:\n(i) the death of the annuitant; or\n(ii) the occurrence of the event or circumstance on which\nthe annuity or sum of money secured ceases to be\npayable in accordance with the mortgage; and\n(b) proof that all arrears of the annuity or money have been paid,\nsatisfied or discharged.\n(3) On the entry being made in the land register, a lot comprised in the\nmortgage ceases to be subject to or liable for the annuity or sum of\nmoney.\n","sortOrder":101},{"sectionNumber":"85","sectionType":"section","heading":"Registering order for foreclosure","content":"85 Registering order for foreclosure\n(1) The Registrar-General may, on application, register an order for\nforeclosure made under the Law of Property Act 2000.\n\nLand Title Act 2000 59\n(2) An application under subsection (1) is to contain the information\nthat is prescribed under this Act or another Act or under any rules of\ncourt.\n","sortOrder":102},{"sectionNumber":"85A","sectionType":"section","heading":"Cancellation of registration of mortgage by Registrar-General","content":"85A Cancellation of registration of mortgage by Registrar-General\nThe Registrar-General may cancel the registration of a mortgage if:\n(a) the person by or on whose behalf the mortgage was signed or\nexecuted as mortgagor (the purported mortgagor) is not the\nregistered proprietor of land subject to the mortgage; and\n(b) the mortgagee:\n(i) failed to comply with a requirement under this Act or the\nElectronic Conveyancing National Law (NT) to verify the\npurported mortgagor's identity or authority to enter into\nthe mortgage; or\n(ii) if the mortgage was transferred to the mortgagee – failed\nto comply with a requirement under this Act to establish\nthat the transferor complied with an obligation imposed\non the transferor, as mortgagee, to verify the purported\nmortgagor's identity or authority to enter into the\n","sortOrder":103},{"sectionNumber":"86","sectionType":"section","heading":"Registration of statutory charges","content":"86 Registration of statutory charges\n(1) A person for whose benefit a statutory charge is established by or\nunder a law in force in the Territory may apply to the Registrar-\nGeneral to have the charge registered.\n(2) The application is to be the appropriate form and accompanied by\nthe prescribed fee.\n(3) On receiving the application, the Registrar-General must register\nthe statutory charge.\n(4) The Registrar-General must give notice of the registration of the\nstatutory charge to all persons who have a registered interest in the\nland the subject of the charge.\n","sortOrder":104},{"sectionNumber":"87","sectionType":"section","heading":"Deemed mortgage","content":"87 Deemed mortgage\n(1) The registered owner of a lot that is subject to a registered statutory\ncharge relating to the payment of money is to be taken to have\nexecuted an instrument of mortgage to secure the payment of the\nstatutory charge subject to the terms and conditions, if any, under\n\nLand Title Act 2000 60\nthe law by which the statutory charge was established.\n(2) The person entitled to the benefit of the statutory charge is to be\ntaken to be the mortgagee of the deemed mortgage referred to in\nsubsection (1), and has the powers of a mortgagee under this Act.\n","sortOrder":105},{"sectionNumber":"88","sectionType":"section","heading":"Priority and effect of statutory charges","content":"88 Priority and effect of statutory charges\n(1) An overriding statutory charge prevails over all other interests in the\nlot to which it relates, except a pre-existing overriding statutory\ncharge recorded in the land register.\n(2) Unless a statutory charge is registered:\n(a) a restriction imposed by the statutory charge on the use of or\ndealing with the lot does not exist; or\n(b) a power arising under the statutory charge in relation to the lot\nis not exercisable.\n","sortOrder":106},{"sectionNumber":"89","sectionType":"section","heading":"Statutory charges and power of sale","content":"89 Statutory charges and power of sale\n(1) Before the person entitled to the benefit of a statutory charge\nexercises a power of sale under the charge, the person must give\nto the registered owner of the land not less than 28 days notice of\nthe proposed exercise of the power.\n(2) The notice is to:\n(a) be in the approved form; and\n(b) contain particulars of the action that the registered owner may\ntake in order to avoid the exercise of the power of sale and the\nperiod within which the action may be taken.\n(3) If the registered owner does not take the action specified in the\nnotice within the time specified, the person entitled to the benefit of\nthe statutory charge may, subject to Part 7 of the Law of Property\nAct 2000, exercise the powers of a mortgagee concerning the sale\nor foreclosure of land.\n","sortOrder":107},{"sectionNumber":"90","sectionType":"section","heading":"Removing statutory charge","content":"90 Removing statutory charge\n(1) A person who has a registered interest in land that has been\nsubject to a registered statutory charge for more than 5 years may\napply to the Registrar-General to have the statutory charge\nremoved.\n(2) The application is to be accompanied by the prescribed fee.\n\nLand Title Act 2000 61\n(3) On receiving the application, the Registrar-General is to give written\nnotice of the application to the person entitled to the benefit of the\ncharge.\n(4) The notice is to specify that if the person does not give the\nRegistrar-General notice within the period specified in the notice,\nthe Registrar-General will remove the statutory charge from the\n(5) The period specified in the notice cannot be less than 30 days.\n(6) If the person gives the Registrar-General notice in the appropriate\nform and pays the prescribed fee within the time specified in the\nnotice, the Registrar-General must not remove the statutory charge\nfrom the land register.\n(7) If the person does not give the Registrar-General notice within the\ntime specified in the notice, the Registrar-General must remove the\nstatutory charge from the land register.\n","sortOrder":108},{"sectionNumber":"91","sectionType":"section","heading":"Creation of easement or easement in gross by registration","content":"91 Creation of easement or easement in gross by registration\nSubject to Subdivision 2, an easement or an easement in gross\nover a lot may be created by registering:\n(a) a deed of grant granting or reserving an easement or\neasement in gross; or\n(b) an instrument of easement or easement in gross.\n","sortOrder":109},{"sectionNumber":"92","sectionType":"section","heading":"Requirements of instrument of easement or easement in gross","content":"92 Requirements of instrument of easement or easement in gross\n(1) An instrument of easement must:\n(a) be validly executed; and\n(b) if required by the Registrar-General – include a plan of survey\nidentifying the lot or part of a lot to be benefited by the\neasement and the lot or part of a lot to be burdened by the\neasement.\n(2) An instrument of easement in gross must:\n\nLand Title Act 2000 62\n(b) include a sketch plan identifying the lot or part of a lot to be\nburdened by the easement in gross; and\n(c) identify the persons having the benefit of the easement in\ngross.\n(3) This section does not limit the matters that the appropriate form for\nan instrument of easement or easement in gross may require to be\nincluded in the form.\n","sortOrder":110},{"sectionNumber":"93","sectionType":"section","heading":"Consents","content":"93 Consents\nThe instrument of easement or easement in gross must include the\nconsents of all registered mortgagees of the lot burdened by the\neasement or easement in gross.\n","sortOrder":111},{"sectionNumber":"94","sectionType":"section","heading":"Limitation of easements or easements in gross","content":"94 Limitation of easements or easements in gross\nAn easement or easement in gross may be limited wholly or partly\nin height, depth or both.\n","sortOrder":112},{"sectionNumber":"95","sectionType":"section","heading":"Easement benefiting and burdening same registered owner's","content":"95 Easement benefiting and burdening same registered owner's\nlots\nAn instrument of easement may be registered even if:\n(a) the lot benefited and the lot burdened by the easement have,\nor are to have, the same registered owner; or\n(b) the owner of the lot benefited by the easement holds an\ninterest in the lot burdened by the easement.\n","sortOrder":113},{"sectionNumber":"96","sectionType":"section","heading":"Same person becoming registered owner of benefited and","content":"96 Same person becoming registered owner of benefited and\nIf the same person becomes the registered owner of the lot\nbenefited and the lot burdened by an easement, the easement is\nthe easement; or\n","sortOrder":114},{"sectionNumber":"97","sectionType":"section","heading":"Owner of benefited land acquiring interest in burdened land","content":"97 Owner of benefited land acquiring interest in burdened land\nAn easement is not extinguished merely because the owner of the\nlot benefited by the easement acquires an interest, or a greater\ninterest, in the lot burdened by the easement.\n\nLand Title Act 2000 63\n","sortOrder":115},{"sectionNumber":"98","sectionType":"section","heading":"Extinguishment of easement or easement in gross","content":"98 Extinguishment of easement or easement in gross\n(1) A registered easement or easement in gross may be wholly or\npartly extinguished by registering an instrument of extinguishment\nof the easement or easement in gross.\n(2) The instrument of extinguishment of an easement may be signed\nby:\n(a) the registered owners of the lots burdened and benefited by\nthe easement; or\n(b) only the registered owner of the lot benefited by the easement.\n(3) The instrument of extinguishment of an easement in gross may be\nsigned by only the person in whose favour the easement in gross is\n(4) Subject to this section, a registered easement may be extinguished\nonly if all registered mortgagees and lessees of the lot benefited by\nthe easement consent to the extinguishment.\n(5) Subsection (4) does not apply to a lessee who does not receive a\nbenefit from the easement.\n(6) The Registrar-General must:\n(a) on the application of a person who has a registered interest in\nland that has been subject to a registered easement for more\nthan 5 years; and\n(b) on payment of the prescribed fee,\ngive written notice to the person entitled to the benefit of the\nregistered easement.\n(7) The notice is to state that on the expiration of the period, of not less\nthan 28 days as specified in the notice, the Registrar-General will\nremove the registered easement from the register unless within the\nperiod the person entitled to the benefit of the easement gives to\nthe Registrar-General a notice in the approved form accompanied\nby the prescribed fee.\n(8) If the person does not give notice in accordance with\nsubsection (7), the Registrar-General may remove the registered\neasement from the register.\n\nSubdivision 2 Creating easements or easements in gross by registering plans of subdivision\nor consolidation\nLand Title Act 2000 64\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Amending easement or easement in gross","content":"99 Amending easement or easement in gross\n(1) A registered easement or easement in gross may be amended by\nregistering an instrument of amendment of the easement or\neasement in gross.\n(2) An instrument of amendment cannot change a party to the\neasement or easement in gross.\nregistered mortgagees of the lot burdened by the easement or\neasement in gross.\n","sortOrder":117},{"sectionNumber":"100","sectionType":"section","heading":"Application of Law of Property Act 2000","content":"100 Application of Law of Property Act 2000\nDivisions 1, 2, 3 and 5 of Part 9 the Law of Property Act 2000 apply\nto a registered easement or easement in gross.\nSubdivision 2 Creating easements or easements in gross by\nregistering plans of subdivision or consolidation\n","sortOrder":118},{"sectionNumber":"101","sectionType":"section","heading":"Easement or easement in gross only created in accordance","content":"101 Easement or easement in gross only created in accordance\nwith this Subdivision\nThe registering of a plan of subdivision, or a plan of consolidation,\ncreates an easement or easement in gross only if the plan and any\ninstrument of easement or easement in gross required by\nsection 103 or lodged under section 105 are registered under this\nSubdivision.\n","sortOrder":119},{"sectionNumber":"102","sectionType":"section","heading":"Creation of easement or easement in gross by plan of","content":"102 Creation of easement or easement in gross by plan of\nAn easement or easement in gross may be created by registering a\nplan of subdivision, or a plan of consolidation, showing:\n(a) the nature and location of the easement or easement in gross\nto be created;\n(b) the lot or part of the lot to be burdened by the easement or\neasement in gross;\n(c) in the case of an easement – the lot or part of a lot to be\nbenefited by the easement; and\n(d) in the case of an easement in gross – the persons who have\nthe benefit of the easement in gross.\n\nLand Title Act 2000 65\n","sortOrder":120},{"sectionNumber":"103","sectionType":"section","heading":"Instrument of easement or easement in gross to be lodged","content":"103 Instrument of easement or easement in gross to be lodged\nIf the easement or easement in gross to be created is not an\neasement or easement in gross having the rights or powers\ndescribed in Schedule 3 to the Law of Property Act 2000, an\nappropriate instrument must be lodged with the plan.\n","sortOrder":121},{"sectionNumber":"104","sectionType":"section","heading":"Rights created on registration of plan and instrument","content":"104 Rights created on registration of plan and instrument\nOn a plan and any instrument being registered under this\nSubdivision, the proposed easement or easement in gross is\ncreated and vests in the person entitled to the benefit of it.\n","sortOrder":122},{"sectionNumber":"105","sectionType":"section","heading":"Instrument of easement or easement in gross may be lodged","content":"105 Instrument of easement or easement in gross may be lodged\nAn instrument of easement or easement in gross may be lodged\nwith the plan of subdivision.\n","sortOrder":123},{"sectionNumber":"106","sectionType":"section","heading":"Creation of covenants and covenants in gross","content":"106 Creation of covenants and covenants in gross\nSubject to Subdivision 2, a covenant or a covenant in gross over a\nlot may be created by registering:\n(a) a deed of grant reserving a covenant or covenant in gross; or\n(b) an instrument of covenant or covenant in gross.\n","sortOrder":124},{"sectionNumber":"107","sectionType":"section","heading":"Requirements of instrument of covenant or covenant in gross","content":"107 Requirements of instrument of covenant or covenant in gross\n(1) An instrument of covenant must:\n(a) be validly executed; and\nor part of the lot to be benefited by the covenant and the lot or\npart of the lot to be burdened by the covenant.\n(2) An instrument of covenant in gross must:\nor part of the land to be burdened by the covenant in gross;\nand\n(c) identify the person having the benefit of the covenant in gross.\n\nLand Title Act 2000 66\n(3) This section does not limit the matters that the appropriate form for\nan instrument of covenant or covenant in gross may require to be\nincluded in the form.\n","sortOrder":125},{"sectionNumber":"108","sectionType":"section","heading":"Consents","content":"108 Consents\nThe instrument of covenant or covenant in gross must include the\nconsents of all registered mortgagees of the lot burdened by the\ncovenant or covenant in gross.\n","sortOrder":126},{"sectionNumber":"109","sectionType":"section","heading":"Covenants benefiting and burdening same registered owner's","content":"109 Covenants benefiting and burdening same registered owner's\nlots\nAn instrument of covenant may be registered even if:\n(a) the lot benefited and the lot burdened by the covenant have or\nare to have the same registered owner; or\n(b) the owner of the lot benefited by the covenant holds an\ninterest in the lot burdened by the covenant.\n","sortOrder":127},{"sectionNumber":"110","sectionType":"section","heading":"Same person becoming registered owner of benefited and","content":"110 Same person becoming registered owner of benefited and\nIf the same person becomes the registered owner of the lot\nbenefited and the lot burdened by a covenant, the covenant is\nthe covenant; or\n","sortOrder":128},{"sectionNumber":"111","sectionType":"section","heading":"Owner of benefited land acquiring interest in burdened land","content":"111 Owner of benefited land acquiring interest in burdened land\nA covenant is not extinguished merely because the owner of the lot\nbenefited by the covenant acquires an interest or greater interest in\nthe lot burdened by the covenant.\n","sortOrder":129},{"sectionNumber":"112","sectionType":"section","heading":"Extinguishment of covenants or covenants in gross","content":"112 Extinguishment of covenants or covenants in gross\n(1) A registered covenant or covenant in gross may be extinguished by\nregistering an instrument of extinguishment of the covenant or\n(2) The instrument of extinguishment of covenant may be signed by:\n(a) the registered owners of the lots burdened and benefited by\nthe covenant; or\n\nLand Title Act 2000 67\n(b) only the registered owner of the lot benefited by the covenant.\n(3) The instrument of extinguishment of a covenant in gross may be\nsigned by only the person in whose favour the covenant in gross is\n(4) Subject to this section, a registered covenant may be extinguished\nonly if all registered mortgagees and lessees of the lot benefited by\nthe covenant consent to the extinguishment.\n(5) Subsection (4) does not apply to a lessee who does not receive a\nbenefit from the covenant.\n(6) A registered covenant may be extinguished in accordance with\nsection 174 and Division 5 of Part 9 of the Law of Property\nAct 2000.\n(7) The Registrar-General must:\n(a) on the application of a person who has a registered interest in\nland that has been subject to a registered covenant for more\nthan 5 years; and\n(b) on payment of the prescribed fee,\ngive written notice to the person entitled to the benefit of the\nregistered covenant.\n(7A) The notice is to state that on the expiration of the period, of not less\nthan 28 days as specified in the notice, the Registrar-General will\nremove the registered covenant from the register unless within the\nperiod the person entitled to the benefit of the covenant gives to the\nRegistrar-General a notice in the approved form accompanied by\nthe prescribed fee.\n(8) If the person does not give notice in accordance with\nsubsection (7A), the Registrar-General may remove the registered\ncovenant from the register.\n","sortOrder":130},{"sectionNumber":"113","sectionType":"section","heading":"Amending covenant or covenant in gross","content":"113 Amending covenant or covenant in gross\n(1) A registered covenant or covenant in gross may be amended by\nregistering an instrument of amendment of the covenant or\n(2) An instrument of amendment cannot change a party to the\ncovenant or covenant in gross.\n\nSubdivision 2 Creating covenants by registering plans of subdivision or consolidation\nLand Title Act 2000 68\nregistered mortgagees of the lot burdened by the covenant or\n","sortOrder":131},{"sectionNumber":"114","sectionType":"section","heading":"Application of Law of Property Act 2000","content":"114 Application of Law of Property Act 2000\nDivisions 1, 4 and 5 of Part 9 of the Law of Property Act 2000 apply\nto a registered covenant or covenant in gross.\nSubdivision 2 Creating covenants by registering plans of\n","sortOrder":132},{"sectionNumber":"115","sectionType":"section","heading":"Covenant only created in accordance with this Subdivision","content":"115 Covenant only created in accordance with this Subdivision\nRegistration of a plan of subdivision, or a plan of consolidation,\ncreates a covenant only if the plan and instrument of covenant are\nregistered under this Subdivision.\n","sortOrder":133},{"sectionNumber":"116","sectionType":"section","heading":"Creation of covenant by plan of subdivision or consolidation","content":"116 Creation of covenant by plan of subdivision or consolidation\n(1) A covenant may be created by registering:\n(a) a plan of subdivision, or a plan of consolidation, showing\nclearly the lot or part of the lot to be benefited and the lot or\npart of the lot to be burdened by the covenant to be created on\nthe plan's registration; and\n(b) an instrument of covenant validly executed.\n(2) The instrument must specify:\n(a) the nature of the covenant and its terms; and\n(b) the lot or part of the lot to be benefited and the lot or part of\nthe lot to be burdened by the covenant.\n(3) For the avoidance of doubt, a lot may be shown on a the plan as\nhaving both the benefit and the burden of a covenant.\n","sortOrder":134},{"sectionNumber":"117","sectionType":"section","heading":"Rights created on registration of plan and instrument","content":"117 Rights created on registration of plan and instrument\nOn a plan and instrument being registered under this Subdivision,\nthe proposed covenant is created and vests in the person entitled to\nthe benefit of it.\n\nLand Title Act 2000 69\n","sortOrder":135},{"sectionNumber":"118","sectionType":"section","heading":"Profit a prendre by registration","content":"118 Profit a prendre by registration\nA profit a prendre over a lot may be created by registering an\ninstrument of profit a prendre.\n","sortOrder":136},{"sectionNumber":"119","sectionType":"section","heading":"Requirements of instrument of profit a prendre","content":"119 Requirements of instrument of profit a prendre\n(1) An instrument of a profit a prendre must:\nor part of the lot to be burdened by the profit a prendre and the\nlot or part of the lot to be benefited by the profit a prendre; and\n(c) include a description of the profit a prendre to which the lot is\nto be burdened, including the period for which the profit a\nprendre is to be enjoyed.\nfor an instrument of profit a prendre may require to be included in\nthe form.\n","sortOrder":137},{"sectionNumber":"120","sectionType":"section","heading":"Profits a prendre benefiting and burdening same registered","content":"120 Profits a prendre benefiting and burdening same registered\nowner's lots\nIf a lot is to be benefited by a profit a prendre, the instrument of a\nprofit a prendre may be registered even if:\n(a) the lot benefited and the lot burdened by the profit a prendre\nhave or are to have, the same registered owner; or\n(b) the owner of the lot benefited by the profit a prendre holds an\ninterest in the lot burdened by the profit a prendre.\n","sortOrder":138},{"sectionNumber":"121","sectionType":"section","heading":"Same person becoming registered owner of benefited and","content":"121 Same person becoming registered owner of benefited and\nIf a lot is benefited by a profit a prendre, and the same person\nbecomes the registered owner of the lot benefited and the lot\nburdened by the profit a prendre, the profit a prendre is\nthe profit a prendre; or\n\nLand Title Act 2000 70\n","sortOrder":139},{"sectionNumber":"122","sectionType":"section","heading":"Owner of benefited land acquiring interest in burdened land","content":"122 Owner of benefited land acquiring interest in burdened land\nIf a lot is benefited by a profit a prendre, the profit a prendre is not\nextinguished merely because the owner of the lot benefited by the\nprofit a prendre acquires an interest or a greater interest in the lot\nburdened by the profit a prendre.\n","sortOrder":140},{"sectionNumber":"123","sectionType":"section","heading":"Amending instrument of profit a prendre","content":"123 Amending instrument of profit a prendre\n(1) A profit a prendre may be amended by registering an instrument of\namendment of the profit a prendre.\n(2) An instrument of amendment cannot add or remove a party to the\nprofit a prendre.\nregistered mortgagees of the lot burdened by the profit a prendre.\n","sortOrder":141},{"sectionNumber":"124","sectionType":"section","heading":"Releasing or removing profit a prendre","content":"124 Releasing or removing profit a prendre\n(1) On an instrument being lodged releasing a profit a prendre to which\na lot is subject, the Registrar-General may register the release to\nthe extent shown in the instrument of release.\n(2) On the instrument of release being registered, the profit a prendre\nis discharged, and the lot is released from the profit a prendre, to\nthe extent shown in the instrument of release.\n(3) The Registrar-General may remove a profit a prendre from the\nindefeasible title for a lot if a request to remove the profit a prendre\nis lodged and it is clearly established that:\n(a) the period of time for which the profit a prendre was intended\nto subsist has ended; or\n(b) the event on which the profit a prendre was intended to end\nhas happened.\n","sortOrder":142},{"sectionNumber":"125","sectionType":"section","heading":"How interest as trustee may be registered","content":"125 How interest as trustee may be registered\n(1) A person may be registered as trustee of an interest in a lot only by\nthe registration of:\n(a) an instrument transferring the interest to, or creating the\ninterest in favour of, the person as trustee; or\n(b) a request to vest the interest in the person as trustee.\n\nLand Title Act 2000 71\n(2) For subsection (1)(b), a request to vest an interest in a lot in a\nperson as trustee includes a request to give effect to an order of a\ncourt appointing the person as trustee for the sale of the lot.\n","sortOrder":143},{"sectionNumber":"126","sectionType":"section","heading":"Instrument of transfer to trustee","content":"126 Instrument of transfer to trustee\n(1) An instrument of transfer may be lodged:\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\nholds the interest in a lot as trustee.\n(2) The Registrar-General may register the instrument of transfer.\n","sortOrder":144},{"sectionNumber":"127","sectionType":"section","heading":"Instrument to vest in trustee","content":"127 Instrument to vest in trustee\n(1) A request to vest may be lodged to vest an interest in a lot in a\ntrustee.\n(2) A request to vest must give effect to an order made under the\nTrustee Act 1893 or another Act.\n(3) The Registrar-General may register the request to vest.\n(4) The order referred to in subsection (2) must be deposited with the\nrequest to vest.\n","sortOrder":145},{"sectionNumber":"128","sectionType":"section","heading":"Sale, mortgage etc. by trustee","content":"128 Sale, mortgage etc. by trustee\nIn the absence of a caveat, a person registered as trustee of an\ninterest in a lot is, for the purpose of a sale, mortgage or contract\nfor valuable consideration of or relating to land under this Act, to be\ntaken to be the absolute proprietor of the interest in the lot freed\nfrom all trusts.\n","sortOrder":146},{"sectionNumber":"129","sectionType":"section","heading":"Registering personal representative","content":"129 Registering personal representative\n(1) A person may lodge an application to be registered as personal\nrepresentative for a registered proprietor of a lot or an interest in a\nlot who has died.\n(2) The Registrar-General may register the lot or the interest in the lot\nin the name of the person as personal representative if:\n(a) the person has obtained a grant of representation or the\nresealing of a grant of representation in the Territory; and\n(b) the grant or resealing (or an office copy of the grant or\nresealing issued by the Supreme Court) is deposited.\n\nLand Title Act 2000 72\n","sortOrder":147},{"sectionNumber":"130","sectionType":"section","heading":"Form of application","content":"130 Form of application\nAn application under section 129 must state:\n(a) the lot to which the application refers;\n(b) the interest for which registration is sought; and\n(c) the nature of other interests in the lot known to the applicant.\n","sortOrder":148},{"sectionNumber":"131","sectionType":"section","heading":"Transmission on bankruptcy","content":"131 Transmission on bankruptcy\n(1) The Registrar-General may register a transmission of an interest in\na lot under a law about bankruptcy only if a request to register the\ntransmission is lodged.\n(2) A person registered as the holder of an interest in a lot under\nsubsection (1) is to be taken to be the proprietor of the lot for the\npurpose of any dealing with the lot.\n","sortOrder":149},{"sectionNumber":"132","sectionType":"section","heading":"Registering writ of execution","content":"132 Registering writ of execution\nThe Registrar-General may register a writ of execution only if a\nrequest to register it and an office copy of it is lodged.\n","sortOrder":150},{"sectionNumber":"133","sectionType":"section","heading":"Effect of registering writ of execution","content":"133 Effect of registering writ of execution\nFor purchasers, lessees, mortgagees and creditors, a writ of\nexecution:\n(a) cannot bind or affect registered lots until it is registered,\nwhether or not there is actual or constructive notice of the writ;\nand\n(b) binds or affects registered lots only if the writ is executed and\nput in force within:\n(i) 12 months after the date it is issued; or\n(ii) an extended time allowed by the court if the extension is\nfiled and notified to the Registrar-General.\n\nLand Title Act 2000 73\n","sortOrder":151},{"sectionNumber":"134","sectionType":"section","heading":"Cancellation of registration","content":"134 Cancellation of registration\nRegistration of a writ of execution may be cancelled if:\n(a) a request to cancel it is lodged; and\n(b) the Registrar-General is satisfied that the time or extended\ntime for executing and putting the writ into force has ended.\n","sortOrder":152},{"sectionNumber":"135","sectionType":"section","heading":"Discharging or satisfying writ of execution","content":"135 Discharging or satisfying writ of execution\n(1) If a writ of execution has been satisfied or discharged, the\nRegistrar-General may, on application, register that fact.\n(2) An application under subsection (1) is to be in the appropriate form\nand may be made by a registered proprietor of an interest in the\n","sortOrder":153},{"sectionNumber":"136","sectionType":"section","heading":"Transfer of lots sold in execution","content":"136 Transfer of lots sold in execution\n(1) If a lot is sold under a registered writ of execution, the sheriff or a\nregistrar of the relevant court may execute an instrument of transfer\nto the purchaser.\n(2) On the transfer being registered, the transferee becomes the\nregistered owner of the lot subject to:\n(a) registered interests; and\n(b) equitable mortgages notified by caveat lodged before the writ\nof execution was registered.\n","sortOrder":154},{"sectionNumber":"136A","sectionType":"section","heading":"Effect on writ of execution of transfer after sale by mortgagee","content":"136A Effect on writ of execution of transfer after sale by mortgagee\n(1) Subsection (2) applies to a lot over which:\n(a) a mortgage is registered; and\n(b) a writ of execution is later registered in relation to the lot.\n(2) If the mortgagee of the lot signs a transfer of the lot after exercising\npower of sale under the mortgage:\n(a) registration of the writ of execution does not prevent\nregistration of the transfer; and\n(b) on registration of the transfer, the Registrar-General must\ncancel registration of the writ of execution.\n\nLand Title Act 2000 74\n","sortOrder":155},{"sectionNumber":"137","sectionType":"section","heading":"Requirements of caveats","content":"137 Requirements of caveats\n(1) A caveat must be signed by or for the caveator.\n(2) The caveat must state:\n(a) the name of the caveator;\n(b) an address where documents can be served on the caveator;\n(c) unless the Registrar-General dispenses with it, the name and\naddress of:\n(i) the registered owner of the lot affected by the caveat;\nand\n(ii) anyone else having the right to deal with the lot affected\nby the caveat;\n(d) the registered interest affected by the caveat;\n(e) the lot affected by the caveat or, if the caveat relates to only a\npart of a lot, a description of the affected part;\n(f) the interest claimed by the caveator;\n(g) the grounds on which the interest is claimed; and\n(h) the extent of the prohibitions as to dealings.\n(3) This section applies to all caveats under this Act.\n","sortOrder":156},{"sectionNumber":"138","sectionType":"section","heading":"Lodging caveat","content":"138 Lodging caveat\n(1) A caveat may be lodged by any of the following:\n(a) a person claiming an interest in a lot;\n(b) the Registrar-General under section 18;\n(c) the registered owner of the lot;\n(d) a person to whom an Australian court has ordered that an\ninterest in a lot be transferred;\n(e) a person who has the benefit of a subsisting order of an\nAustralian court in restraining a registered proprietor from\ndealing with a lot.\n\nLand Title Act 2000 75\n(1A) A caveat lodged under subsection (1)(a), (c), (d) or (e) may be\naccepted by the Registrar-General.\n(1B) A caveat lodged under subsection (1)(b) is taken to be accepted by\nthe Registrar-General.\n(2) A caveat may be lodged by the agent of a person referred to in\nsubsection (1)(a), (c), (d) or (e).\n","sortOrder":157},{"sectionNumber":"139","sectionType":"section","heading":"Notifying caveat","content":"139 Notifying caveat\nThe Registrar-General must give written notice of lodgment of a\ncaveat to each person whose interest or whose right to registration\nof an instrument is affected by the caveat.\n","sortOrder":158},{"sectionNumber":"140","sectionType":"section","heading":"Effect of lodging caveat","content":"140 Effect of lodging caveat\n(1) A caveat lodged under this Act prevents registration of another\ninstrument affecting the lot over which the caveat is lodged from the\ndate and time endorsed by the Registrar-General on the caveat as\nthe caveat's date and time of lodgment.\n(2) Subsection (1) has effect for a caveat until the caveat lapses or is\ncancelled, rejected, removed or withdrawn.\n(3) The lodging of a caveat does not prevent registration of the\n(a) an instrument specified in the caveat as an instrument to\nwhich the caveat does not apply;\n(b) an instrument if the caveator consents to it being registered;\n(c) an instrument executed by a mortgagee whose interest was\nregistered before the caveat was lodged if:\n(i) the mortgagee has power under the mortgage to\nexecute the instrument; and\n(ii) the caveator claims an interest in the lot as security for\nthe payment of money or money's worth;\n(d) an instrument of transfer of mortgage executed by a\nmortgagee whose interest was registered before the caveat\nwas lodged;\n(da) if the caveator is a person who has the benefit of an order\nmentioned in section 138(1)(e) – an instrument for a dealing\nother than a dealing restrained by the order;\n\nLand Title Act 2000 76\n(e) another interest that if it is registered will not affect the interest\nclaimed by the caveator.\nExample for subsection (3)(da)\nA caveat lodged by a person who has the benefit of an order mentioned in\nsection 138(1)(e) restrains the registered owner of a lot from transferring or\nmortgaging the lot. The lodgement of the caveat does not prevent registration of\nan instrument of lease for the lot.\n(4) The exceptions in subsection (3)(c) and (d) do not apply to a caveat\nlodged by the Registrar-General.\n(5) The exception in subsection (3)(d) does not apply to a caveat\nlodged by the registered owner.\n","sortOrder":159},{"sectionNumber":"141","sectionType":"section","heading":"Withdrawing caveat","content":"141 Withdrawing caveat\nA caveator may withdraw a caveat by lodging a request to withdraw\nit.\n","sortOrder":160},{"sectionNumber":"142","sectionType":"section","heading":"Automatic lapsing of caveat","content":"142 Automatic lapsing of caveat\n(1) This section applies to a caveat unless:\n(a) it is lodged by the registered owner;\n(b) the consent of the registered owner, in the approved form, is\ndeposited when the caveat is lodged;\n(c) an office copy of a court order mentioned in section 138(1)(d)\nor (e) is deposited when the caveat is lodged;\n(d) it is lodged by the Registrar-General under section 18; or\n(e) it is lodged other than under this Division.\n(1A) In addition to subsection (1), this section applies to a caveat lodged\nby the registered owner of a lot if:\n(a) the lot is subject to a mortgage; and\n(b) the grounds stated in the caveat relate to the actions of the\nmortgagee in relation to:\n(i) if the mortgage is registered – registration of the\nmortgage; or\n(ii) the mortgagee's power of sale.\n(2) Subject to this section, a caveat to which this section applies lapses\nat the time specified in subsection (5) or (7).\n\nLand Title Act 2000 77\n(3) A caveatee of a caveat to which this section applies may serve on\nthe caveator a notice requiring the caveator to start a proceeding in\na court to establish the interest claimed under the caveat.\n(4) The caveatee must notify the Registrar-General within 14 days of\nservice of the notice on the caveator.\n(5) Except as provided in subsection (6), the caveat lapses:\n(a) 14 days after notice is served on the caveator under\nsubsection (3); or\n(b) 3 months after the caveat is lodged under section 138,\nwhichever is earlier.\n(6) Despite subsection (5), the caveat does not lapse:\n(a) if an appropriate proceeding has been started by the caveator\nand the Registrar-General has been notified of the\nproceeding; or\n(b) if the caveator, or the authorised agent of the caveator,\nnotifies the Registrar-General within 14 days of being served\nwith the notice under subsection (3) that he or she does not\nwant the caveat to lapse and that he or she has started, or will\nstart, a proceeding to establish the interest claimed under the\ncaveat.\n(7) If a caveator, or the authorised agent of the caveator, has notified\nthe Registrar-General under subsection (6)(b) that he or she will\nstart a proceeding, the caveat lapses 3 months after the notice\nunder subsection (3) was served on the caveator if the caveator\ndoes not, within that time, provide the Registrar-General with\nevidence that the proceedings have been started.\n(8) The Registrar-General may remove a caveat that has lapsed from\nthe land register.\n","sortOrder":161},{"sectionNumber":"143","sectionType":"section","heading":"Removing caveat","content":"143 Removing caveat\n(1) A caveatee may at any time apply to the Supreme Court for an\norder that a caveat be removed.\n(2) The Supreme Court may make the order whether or not the\ncaveator has been served with the application, and may make the\norder on the terms it considers appropriate.\n\nLand Title Act 2000 78\n","sortOrder":162},{"sectionNumber":"144","sectionType":"section","heading":"Cancelling caveat","content":"144 Cancelling caveat\n(1) The Registrar-General may cancel a caveat if a request to cancel\nthe caveat is lodged and the Registrar-General is satisfied that:\n(a) the interest claimed by the caveator has ceased or the claim\nto it has been abandoned or withdrawn;\n(b) the claim of the caveator has been settled by agreement or\notherwise satisfied; or\n(c) the nature of the interest claimed does not entitle the caveator\nto prevent registration of an instrument that has been lodged.\n(2) The Registrar-General must notify the caveator of the Registrar-\nGeneral's intention to cancel the caveat at least 7 days before\ncancelling it.\n(3) If an instrument that has been lodged will on being registered give\nfull effect to an interest claimed in a caveat, the Registrar-General\nmay remove the caveat immediately before registering the\n","sortOrder":163},{"sectionNumber":"145","sectionType":"section","heading":"Further caveat","content":"145 Further caveat\n(1) A caveator or a person who was a caveator may not lodge another\ncaveat for the lot on the same, or substantially the same, grounds\nunless the caveator or the person has the Supreme Court's leave to\nlodge the other caveat.\n(2) Subsection (1) applies irrespective of whether the caveat for the lot\nhas lapsed or is withdrawn, cancelled or removed from the lot.\n","sortOrder":164},{"sectionNumber":"146","sectionType":"section","heading":"Compensation for improper caveat","content":"146 Compensation for improper caveat\n(1) A person who lodges or continues a caveat without reasonable\ncause must compensate anyone else who suffers loss or damage\nas a result.\n(2) In a proceeding for compensation under subsection (1), the\nSupreme Court may include in a judgment for compensation a\ncomponent for exemplary damages.\n(3) In a proceeding for compensation under subsection (1), it must be\npresumed that the caveat was lodged or continued without\nreasonable cause unless the person who lodged or continued it\nproves that it was lodged or continued with reasonable cause.\n\nLand Title Act 2000 79\n","sortOrder":165},{"sectionNumber":"147","sectionType":"section","heading":"Notices to caveator","content":"147 Notices to caveator\n(1) A notice to a caveator under this Division is sufficiently served if left\nat or sent to the address mentioned in section 137(2)(b).\n(2) If the Registrar-General is satisfied that a notice under this Division\nwill not reach the caveator if served in the way mentioned in\nsubsection (1), the notice may be served in a way specified in a\nwritten direction by the Registrar-General.\n(3) If the Registrar-General is notified and is satisfied that the name or\naddress of the caveator has changed, the Registrar-General must\nrecord in the land register details of the new name and address.\n(4) The name or address recorded under subsection (3) becomes the\nname or address for service of a notice on the caveator.\n","sortOrder":166},{"sectionNumber":"148","sectionType":"section","heading":"Registration of power of attorney","content":"148 Registration of power of attorney\n(1) The Registrar-General may, in accordance with the Powers of\nAttorney Act 1980, register an instrument creating or revoking a\npower of attorney.\n(5) The Registrar-General may register an instrument executed under\na registered power of attorney without being satisfied that the power\nof attorney has not been revoked.\n(6) The Registrar-General must not register an instrument executed\nunder a registered power of attorney if the instrument became\neffective after:\n(a) an instrument of revocation or disclaimer of the power of\nattorney is registered; or\n(b) someone else is registered as owner of the relevant lot after\nthe death or bankruptcy of the donor.\n","sortOrder":167},{"sectionNumber":"149","sectionType":"section","heading":"Decision makers","content":"149 Decision makers\n(1) This section applies in relation to a dealing that takes effect as a\nresult of the exercise of authority by a decision maker.\n\nLand Title Act 2000 80\n(2) If, at the time the authority was purportedly exercised, an advance\npersonal plan conferring authority to enter into the dealing on the\ndecision maker was registered in the Advance Personal Planning\n(Part 4A) Register, the Registrar-General may register the dealing\nwithout needing to be satisfied:\n(a) that the plan has not been amended by an unregistered\namendment; or\n(b) that the plan has not ceased to be in force; or\n(c) that the person purportedly exercising the authority has not\nceased to be a decision maker; or\n(d) that circumstances exist that entitle the decision maker to\nexercise the authority.\n(3) However, the Registrar-General must not register the dealing if,\nbefore the time the authority was purportedly exercised, either of\nthe following had been registered in the Advance Personal Planning\n(Part 4A) Register:\n(a) a notice that the person purporting to exercise the authority\nhas ceased to be a decision maker;\n(b) a notice that the advance personal plan has ceased to be in\nforce.\n(4) For this section, if an advance personal plan has been registered in\nthe Advance Personal Planning (Part 4A) Register, the terms of the\nplan at a particular time are taken to be the terms of the plan when\nit was first registered, as amended by any amendments that have\nbeen registered in that Register before the time in question.\n(5) In this section:\nadvance personal plan, see section 3 of the Advance Personal\nPlanning Act 2013.\nAdvance Personal Planning (Part 4A) Register, see section 55B\nof the Advance Personal Planning Act 2013.\ndecision maker, see section 3 of the Advance Personal\nPlanning Act 2013.\n","sortOrder":168},{"sectionNumber":"150","sectionType":"section","heading":"Persons under disability","content":"150 Persons under disability\nThe Supreme Court may authorise a person to act for a registered\nproprietor of a lot who appears to the court to be incapable of\nmanaging the person's own affairs because, for example, of age or\n\nLand Title Act 2000 81\nmental or intellectual incapacity.\n","sortOrder":169},{"sectionNumber":"151","sectionType":"section","heading":"Acts for minors and by attorneys etc.","content":"151 Acts for minors and by attorneys etc.\n(1) If:\n(a) an act is required or permitted to be done by or in relation to a\nperson under this Act; and\n(b) the person is a minor or is mentally or intellectually impaired or\nincapable of managing his or her own affairs,\nthe act may be done by or in relation to a person who is responsible\nby law for the management and care of the first person's interests.\n(2) If an act is required or permitted to be done by or in relation to a\nperson under this Act, the act may be done by or in relation to the\nperson's attorney appointed under this Division.\n","sortOrder":170},{"sectionNumber":"152","sectionType":"section","heading":"When instrument capable of registration","content":"152 When instrument capable of registration\nAn instrument is able to be registered only if:\n(a) it complies with this Act;\n(b) it appears on its face to be capable of being registered; and\n(c) it is an accompanied by any form of application that may be\nrequired by the Registrar-General under the Registrar-\nGeneral's directions or required by this or another Act.\n","sortOrder":171},{"sectionNumber":"153","sectionType":"section","heading":"Lodging certificate as to title","content":"153 Lodging certificate as to title\n(1) Subject to this section, an instrument affecting a lot may only be\nregistered if a certificate as to title for the lot is lodged.\n(2) Subsection (1) does not apply if there is not a current certificate as\nto title for the lot.\n(3) A certificate as to title need not be lodged if the lot is to receive the\nbenefit of a covenant or the benefit of an easement.\n\nLand Title Act 2000 82\n(4) A certificate as to title need not be lodged with any of the following:\n(a) a request to register a writ of execution or any other court\norder;\n(b) a transfer in pursuance of a writ of execution;\n(c) a transfer in pursuance of a statutory charge;\n(d) a transfer in pursuance of a court order;\n(e) a caveat;\n(f) a statutory charge;\n(g) a statutory vesting under section 64;\n(h) an instrument of a class of instruments that the Registrar-\nGeneral's directions have dispensed with production of the\ncertificate as to title;\n(j) an instrument that the Registrar-General has dispensed with\nproduction of the certificate as to title.\n","sortOrder":172},{"sectionNumber":"154","sectionType":"section","heading":"Correcting unregistered instruments","content":"154 Correcting unregistered instruments\n(1) The Registrar-General may correct an obvious error in a plan of\nsurvey that is lodged by:\n(a) drawing a line through the error without making the original\nwords illegible;\n(b) including the correct information; and\n(c) dating and initialling the correction.\n(2) The Registrar-General may correct an obvious error in an\ninstrument that is lodged (other than a plan of survey) by noting the\ncorrection on the instrument.\n(3) The Registrar-General may correct an obvious error in an\ninstrument that is lodged only if the Registrar-General is satisfied\nthat the instrument is incorrect and the correction will not prejudice\nthe rights of a person.\n(4) An instrument corrected by the Registrar-General under this section\nhas the same effect as if the relevant error had not been made.\n\nLand Title Act 2000 83\n","sortOrder":173},{"sectionNumber":"155","sectionType":"section","heading":"Requisitions","content":"155 Requisitions\n(1) The Registrar-General may, in writing, give a requisition to a person\nwho has lodged or deposited an instrument or other document\nrequiring the person:\n(a) to re-execute, complete or correct the instrument or document\nif it appears to the Registrar-General to be wrong, incomplete\nor defective; or\n(b) to produce to the Registrar-General specified information, or\ndeposit a specified instrument or document, in support of the\nperson's application to register the instrument.\n(2) The Registrar-General may require the instrument, document or\ninformation to be verified by statutory declaration or affidavit.\n(3) The notice may:\n(a) specify when, and the place where, it must be complied with;\nand\n(b) if it relates to an electronic conveyancing document – be\naccompanied by a copy of the document.\n(4) The Registrar-General may extend the time for complying with the\n(5) The Registrar-General may refuse to deal with the instrument or\ndocument lodged or deposited by the person (and any instrument\nthat depends on it for registration) until the person complies with the\n(6) The Registrar-General may give a requisition under subsection (7)\nin relation to an instrument or other document that is lodged if the\nRegistrar-General is satisfied:\n(a) the instrument or document is not capable of registration; and\n(b) the reason the instrument or document is not capable of\nregistration is not a matter for which a requisition may be\ngiven under subsection (1).\n(7) The Registrar-General may, in writing, give a requisition to the\nperson who lodged the instrument or document, or to another\nperson who reasonably appears to the Registrar-General to be\nrelevantly associated with the instrument or document, stating:\n(a) that the instrument or document is not capable of registration;\nand\n\nLand Title Act 2000 84\n(b) why the instrument or document is not capable of registration.\n(8) A requisition given under subsection (7) may, if it relates to an\nelectronic conveyancing document, be accompanied by a copy of\nthe document.\n","sortOrder":174},{"sectionNumber":"156","sectionType":"section","heading":"Rejecting instrument or document after requisition given","content":"156 Rejecting instrument or document after requisition given\n(1) The Registrar-General may reject an instrument or document to\nwhich a requisition relates and any instrument that depends on it for\nregistration if:\n(a) for a requisition given under section 155(1) – the requisition is\nnot complied with by a person within the time stated or\nextended by the Registrar-General; or\n(b) the requisition is given under section 155(7).\n(2) An instrument or document rejected under subsection (1) loses its\npriority under section 181 and must be returned by the Registrar-\nGeneral to the person who lodged it.\n(3) A memorandum recording the rejection of an instrument or\ndocument under subsection (1) may be endorsed on the rejected\ninstrument or in a separate record kept in the Land Titles Office.\n(4) An electronic conveyancing document that has been rejected under\nsubsection (1) cannot be re-lodged.\n(5) Subject to subsection (4), this section does not prevent an\ninstrument rejected under subsection (1)(a) being re-lodged after\nthe requisition has been complied with.\n","sortOrder":175},{"sectionNumber":"157","sectionType":"section","heading":"Withdrawing lodged instrument before registration","content":"157 Withdrawing lodged instrument before registration\n(1) The Registrar-General may withdraw an instrument or permit an\ninstrument to be withdrawn if satisfied that:\n(a) the order in which the instrument has been lodged in relation\nto other instruments will not give effect to the intention\nexpressed in it or a related instrument; or\n(b) the instrument should not have been lodged or cannot be\ngiven legal effect.\nExample for subsection (1)(b)\nAn example of an instrument that cannot be given legal effect is a power of\nattorney that names the same person as principal and attorney.\n\nLand Title Act 2000 85\n(2) An instrument that is withdrawn under subsection (1) remains in the\nLand Titles Office unless the instrument is an instrument that\nshould not have been lodged.\n(3) The Registrar-General may re-lodge an instrument that has been\nwithdrawn by the Registrar-General.\n(4) On receiving a written application, the Registrar-General may\nre-lodge an instrument that the Registrar-General has permitted to\nbe withdrawn.\n(5) An instrument withdrawn under subsection (1) loses its priority and\nis taken to have been lodged on the date and at the time endorsed\non it by the Registrar-General at the time it is re-lodged.\n","sortOrder":176},{"sectionNumber":"158","sectionType":"section","heading":"Registrar-General may call in instrument for correction or","content":"158 Registrar-General may call in instrument for correction or\ncancellation\nThe Registrar-General may require a person to deposit an\ninstrument for correction or cancellation.\n","sortOrder":177},{"sectionNumber":"159","sectionType":"section","heading":"Execution and proof","content":"159 Execution and proof\n(1) For a corporation, an instrument is validly executed if:\n(a) it is executed in a way permitted by law; or\n(b) the instrument is sealed with the corporation's seal in\naccordance with section 48 of the Law of Property Act 2000.\n(2) For a natural person, an instrument is validly executed if:\n(a) it is executed in a way permitted by law; and\n(b) the execution is witnessed by a person mentioned in\nSchedule 1.\n(3) However, the Registrar-General may, in exceptional circumstances,\nregister an instrument executed by a natural person even though\nthe execution was not witnessed or was not witnessed by a person\nmentioned in Schedule 1.\n(4) The witnessing of an instrument may be proved in any way\npermitted by law.\nNote for section 159\nUnder section 9(3)(b) of the Electronic Conveyancing National Law (NT), if an\ninstrument in the registry is digitally signed in accordance with the participation\nrules applicable to the instrument, the requirements of any other Territory law\nrelating to the execution, signing, witnessing, attestation or sealing of documents\nmust be regarded as having been fully satisfied.\n\nLand Title Act 2000 86\n","sortOrder":178},{"sectionNumber":"160","sectionType":"section","heading":"Obligations of witness for natural person","content":"160 Obligations of witness for natural person\nA person who witnesses an instrument executed by a natural\nperson must:\n(a) first take reasonable steps to ensure that the person is the\nperson entitled to sign the instrument;\n(b) have the person execute the document in the presence of the\nperson; and\n(c) not be a party to the instrument.\n","sortOrder":179},{"sectionNumber":"161","sectionType":"section","heading":"Substitute instrument","content":"161 Substitute instrument\n(1) If the Registrar-General is satisfied that a registered instrument has\nbeen lost or destroyed, the Registrar-General may issue a\nsubstitute instrument.\n(2) The Registrar-General may endorse on the substitute instrument:\n(a) that the instrument is a substitute replacing a lost or destroyed\ninstrument;\n(b) the date that the substitute instrument was issued;\n(c) that the substitute instrument is to be used in place of the\noriginal instrument;\n(d) the location of the original instrument so far as it is known; and\n(e) other known circumstances of the loss or destruction.\n(3) On issuing the substitute instrument:\n(a) the substitute instrument becomes the registered instrument\ninstead of the original instrument; and\n(b) the substitute instrument has the priority to which the original\ninstrument was entitled.\n(4) The Registrar-General must record in the land register that the\nsubstitute instrument has been issued and the date it was issued.\n","sortOrder":180},{"sectionNumber":"162","sectionType":"section","heading":"Dispensing with production of instrument","content":"162 Dispensing with production of instrument\n(1) The Registrar-General may dispense with the production of an\n\nLand Title Act 2000 87\n(1A) In addition, the Registrar-General may dispense with the production\nof a certificate of title of a lot if the Registrar-General is satisfied the\ncertificate of title is held by a legal practitioner or conveyancing\nagent.\n(2) The Registrar-General may require evidence that a person seeking\nto deal with a relevant lot is the registered proprietor and that the\ninstrument:\n(a) has been lost or no longer exists; and\n(b) is not deposited as security or for safe custody.\n(3) The Registrar-General must record in the land register that\nproduction of the instrument has been dispensed with and the date\nproduction of it was dispensed with.\n","sortOrder":181},{"sectionNumber":"163","sectionType":"section","heading":"Requiring plan of survey to be lodged","content":"163 Requiring plan of survey to be lodged\n(1) Subject to section 66, the Registrar-General may require a\nregistered proprietor of a lot who proposes to transfer, lease or\notherwise deal with all or part of the lot to lodge a plan, map or\ndiagram if the Registrar-General considers that the plan, map or\ndiagram is necessary or desirable for the purpose of registering or\nrecording the dealing.\n(2) The plan, map or diagram lodged under subsection (1) must comply\nwith the Registrar-General's directions as to its dimensions, the\nscale to which it is drawn and the information that it includes.\n(3) The Registrar-General may reject a plan, map or diagram that does\nnot comply with the Registrar-General's directions or is inaccurate\nor deficient in any respect.\n","sortOrder":182},{"sectionNumber":"164","sectionType":"section","heading":"Pre-examination of plans","content":"164 Pre-examination of plans\n(1) Nothing in this Act prevents the Registrar-General from examining a\nplan of survey and related instruments deposited before the plan:\n(a) is approved under the Licensed Surveyors Act 1983;\n(b) is approved under the Planning Act 1999; or\n(c) lodged for registration.\n(2) Section 155 applies to a plan and related instruments deposited\nunder subsection (1).\n\nDivision 2 Standard terms documents forming parts of instruments\nLand Title Act 2000 88\n(3) Nothing in this Act prevents the Registrar-General from examining a\nplan (of any kind) prepared for the purposes of any subdivision\nreferred to in the Unit Titles Act 1975 at any time before the\nlodgment of the plan for the purposes of any approval or\n","sortOrder":183},{"sectionNumber":"165","sectionType":"section","heading":"Disposing of instrument in certain circumstances","content":"165 Disposing of instrument in certain circumstances\n(1) The Registrar-General may, in accordance with a scheme to be\nprepared by him or her in consultation with the Northern Territory\nArchives Service, dispose of a document registered or deposited at\nthe Land Titles Office that appears to the Registrar-General to be\nunnecessary for the purpose of establishing or evidencing any\ninterest or right in or over land.\n(2) The scheme may provide for disposing of documents by their\ndestruction, their sale, their delivery to a former registered\nproprietor, or their delivery to any person or body for preservation\nas being of historic interest.\n(3) Before destroying a document under this section, the Registrar-\nGeneral must copy it in whatever way the Registrar-General\nconsiders appropriate unless exempted from doing so by\nregulations.\n(4) A document may be disposed of under this section only in\naccordance with the restrictions or limitations (if any) that may be\nprescribed by regulations.\n","sortOrder":184},{"sectionNumber":"166","sectionType":"section","heading":"Transferor must do everything necessary etc.","content":"166 Transferor must do everything necessary etc.\nA person who for valuable consideration executes an instrument to\ntransfer or create an interest in a lot must do everything necessary\nto give effect to the terms and other matters stated in the instrument\nor implied by this or another Act.\nDivision 2 Standard terms documents forming parts of\ninstruments\n","sortOrder":185},{"sectionNumber":"167","sectionType":"section","heading":"Meaning of standard terms document","content":"167 Meaning of standard terms document\nIn this Division, standard terms document means a document\ncontaining provisions that are treated as terms of an instrument to\nwhich the document is to apply or applies.\n\nDivision 2 Standard terms documents forming parts of instruments\nLand Title Act 2000 89\n","sortOrder":186},{"sectionNumber":"168","sectionType":"section","heading":"Standard terms document to which instrument refers may be","content":"168 Standard terms document to which instrument refers may be\nregistered\n(1) The Registrar-General or another person may lodge a standard\nterms document and may amend the document by lodging a further\nstandard terms document.\n(2) The lodged standard terms document must be given a\ndistinguishing reference and must be registered.\n","sortOrder":187},{"sectionNumber":"169","sectionType":"section","heading":"Standard terms document that is part of instrument","content":"169 Standard terms document that is part of instrument\nAll or part of a registered standard terms document, or an amended\nregistered standard terms document, forms part of an instrument if\nthe instrument:\n(a) says it forms part of the instrument; and\n(b) belongs to a class identified in the standard terms document\nas an instrument to which the standard terms document\napplies.\n","sortOrder":188},{"sectionNumber":"170","sectionType":"section","heading":"Instrument not limited to that contained in standard terms","content":"170 Instrument not limited to that contained in standard terms\ndocument\n(1) In addition to the provisions in a registered standard terms\ndocument, an instrument may include a provision incorporating\nother terms into the instrument.\n(2) If there is a conflict between the standard terms document and the\nterms in an instrument, the instrument prevails.\n","sortOrder":189},{"sectionNumber":"171","sectionType":"section","heading":"Withdrawal or cancellation of standard terms document","content":"171 Withdrawal or cancellation of standard terms document\n(1) The Registrar-General may withdraw a registered standard terms\ndocument if asked to withdraw it by the person who lodged it.\n(2) The Registrar-General may cancel a registered standard terms\ndocument lodged by the Registrar-General after giving one month's\nnotice in the Gazette.\n(3) The Registrar-General must keep and, if asked, produce for\ninspection a copy of a standard terms document cancelled or\nwithdrawn under this section.\n(4) The withdrawing or cancelling of a standard terms document does\nnot affect an instrument already registered or executed within\n7 days after the document was withdrawn or cancelled.\n\nLand Title Act 2000 90\n","sortOrder":190},{"sectionNumber":"172","sectionType":"section","heading":"Standard terms document to be provided to other parties","content":"172 Standard terms document to be provided to other parties\n(1) If a standard terms document forms part of an instrument, the party\nwho applies the document to the instrument must provide all other\nparties to the instrument with a copy of the document before the\ninstrument is executed.\n(2) A person commits an offence if the person fails to comply with\nsubsection (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) Despite this section, a failure to provide all other parties with a copy\nof the standard terms instrument before the instrument is executed\ndoes not affect the validity or effect of the instrument.\n","sortOrder":191},{"sectionNumber":"173","sectionType":"section","heading":"Registrar-General must register instruments","content":"173 Registrar-General must register instruments\n(1) If a person lodges an instrument and complies with the\nrequirements of this Act for its registration, the Registrar-General\nmust register the instrument.\n(2) Subsection (1) does not prevent the person from withdrawing the\n","sortOrder":192},{"sectionNumber":"174","sectionType":"section","heading":"Registrar-General must give distinguishing reference to each","content":"174 Registrar-General must give distinguishing reference to each\ninstrument\nOn registering an instrument affecting a lot, the Registrar-General\nmust:\n(a) give the instrument a distinguishing reference; and\n(b) record the reference in the particulars in the land register\nabout the lot.\n","sortOrder":193},{"sectionNumber":"175","sectionType":"section","heading":"How instrument is registered","content":"175 How instrument is registered\nThe Registrar-General registers an instrument in the land register\nby recording in the land register the particulars necessary to identify\nthe instrument.\n\nLand Title Act 2000 91\n","sortOrder":194},{"sectionNumber":"176","sectionType":"section","heading":"Registration statement","content":"176 Registration statement\nOn registering an instrument, the Registrar-General must issue to\nthe person who lodged the instrument a statement certifying that\nthe instrument has been registered.\n","sortOrder":195},{"sectionNumber":"177","sectionType":"section","heading":"When instrument is registered","content":"177 When instrument is registered\nAn instrument is registered when the Registrar-General records\nparticulars of the registration in the land register.\n","sortOrder":196},{"sectionNumber":"178","sectionType":"section","heading":"Time from when instrument forms part of land register etc.","content":"178 Time from when instrument forms part of land register etc.\nA registered instrument forms part of the land register from when it\nis lodged.\n","sortOrder":197},{"sectionNumber":"179","sectionType":"section","heading":"Registered instrument operates as deed","content":"179 Registered instrument operates as deed\nA registered instrument operates as a deed.\n","sortOrder":198},{"sectionNumber":"180","sectionType":"section","heading":"Order of registration of instruments","content":"180 Order of registration of instruments\n(1) Instruments affecting a lot, including instruments affecting or\ncreating an interest in the lot, must be registered in the order in\nwhich they are lodged.\n(2) Subsection (1) is subject to section 157.\n(3) Despite subsection (1), if an instrument (instrument 2) affecting a\nlot is lodged after another instrument (instrument 1) affecting the\nlot, instrument 2 may be registered before instrument 1 if the\nregistration of instrument 2 cannot affect any interest that a person\nmight claim under instrument 1.\n","sortOrder":199},{"sectionNumber":"181","sectionType":"section","heading":"Priority of registered instruments","content":"181 Priority of registered instruments\n(1) Registered instruments have priority according to when each of\nthem was lodged and not according to when each of them was\nexecuted.\n(2) An instrument is taken to be lodged on the date and at the time\nendorsed on the instrument by the Registrar-General as the date\nand time when the document was lodged unless the contrary is\nproved.\n(3) Subsection (1) is not affected by actual, implied or constructive\n\nLand Title Act 2000 92\n","sortOrder":200},{"sectionNumber":"182","sectionType":"section","heading":"Evidentiary effect of recording particulars in land register","content":"182 Evidentiary effect of recording particulars in land register\nIn all proceedings, the particulars of a registered instrument\nrecorded in the land register are conclusive evidence of:\n(a) the registration of the instrument;\n(b) the contents of the instrument;\n(c) all terms stated or implied in it by this or another Act; and\n(d) when the instrument was lodged and registered.\n","sortOrder":201},{"sectionNumber":"183","sectionType":"section","heading":"Benefits of registration","content":"183 Benefits of registration\nThe benefits of this Division apply to an instrument whether or not\nvaluable consideration has been given.\n","sortOrder":202},{"sectionNumber":"184","sectionType":"section","heading":"Interest in lot not transferred or created until registration","content":"184 Interest in lot not transferred or created until registration\nAn instrument does not transfer or create an interest in a lot at law\nuntil it is registered.\n","sortOrder":203},{"sectionNumber":"185","sectionType":"section","heading":"Effect of registration on interest","content":"185 Effect of registration on interest\nOn an instrument being registered that is expressed to transfer or\ncreate an interest in a lot, the interest:\n(a) is transferred or created in accordance with the instrument;\n(b) is registered; and\n(c) vests in the person identified in the instrument as the person\nentitled to the interest.\n","sortOrder":204},{"sectionNumber":"186","sectionType":"section","heading":"Right to have interest registered","content":"186 Right to have interest registered\nA person to whom an interest is to be transferred or in whom an\ninterest has been created has a right to have the instrument\ntransferring or creating the interest registered if:\n(a) the instrument has been executed;\n(b) the person lodges the instrument and any documents required\nby the Registrar-General to effect registration of the\ninstrument; and\n\nLand Title Act 2000 93\n(c) the person has otherwise complied with this Act in relation to\nthe registration of the instrument.\n","sortOrder":205},{"sectionNumber":"187","sectionType":"section","heading":"Provision for registration in case of death of party executing","content":"187 Provision for registration in case of death of party executing\ninstrument\n(1) If a person dies after signing an instrument affecting a lot and\nbefore the instrument is registered, the instrument may be\nregistered and is valid despite the person's death.\n(2) If a person dies after completing a client authorisation, an\ninstrument executed in accordance with the client authorisation\nafter the person's death may be registered and is valid despite the\nperson's death.\n","sortOrder":206},{"sectionNumber":"188","sectionType":"section","heading":"Quality of registered interests","content":"188 Quality of registered interests\n(1) A registered proprietor of an interest in a lot holds the interest\nsubject to registered interests affecting the lot but free from all other\n(2) In particular, the registered proprietor:\n(a) is not affected by actual or constructive notice of an\nunregistered interest affecting the lot;\n(b) is not affected by the existence in the Sovereign or their heirs\nor successors, or in any person, of any estate or interest\nwhatever, whether derived by grant from the Crown or\notherwise, that but for this Act might be held paramount or to\nhave priority; and despite want of notice or insufficient notice\nof any application, or any error, omission, or informality in any\napplication or proceedings; and\n(c) is liable to a proceeding for possession of the lot or an interest\nin the lot only if the proceeding is brought by the registered\nproprietor of an interest affecting the lot.\n(3) However, subsections (1) and (2) do not apply:\n(a) to an interest mentioned in section 189; or\n(b) if there has been fraud by the registered proprietor, whether or\nnot there has been fraud by a person from or through whom\nthe registered proprietor has derived the registered interest.\n\nLand Title Act 2000 94\n(4) Nothing in this section is to be construed as affecting any of the\nfollowing rights or powers:\n(a) the power of an officer of a court to sell the land of a judgment\ndebtor under a writ of execution;\n(b) the power of a court to order the sale of land;\n(c) the right of an official receiver or trustee, within the meaning of\nthe Bankruptcy Act 1966 of the Commonwealth, to land\ntransmitted on the insolvency of the registered proprietor.\n(5) An instrument is unregistered despite it being registered under\nanother Act.\n(6) Subsection (1) does not affect the operation and effect of\nsection 34.\n","sortOrder":207},{"sectionNumber":"189","sectionType":"section","heading":"Exceptions to section 188","content":"189 Exceptions to section 188\n(1) A registered proprietor of a lot does not obtain the benefit of\nsection 188 for the following interests in relation to the lot:\n(a) an equity arising from the act of the registered proprietor;\n(b) the interest of a lessee in actual possession under a short\nlease;\n(c) the interest of a person entitled to the benefit of an easement\nif its particulars have been omitted from or misdescribed in the\n(d) the interest of another registered proprietor making a valid\nclaim under an earlier existing indefeasible title for all or part\nof the lot;\n(e) the interest of another registered owner if there are\n2 indefeasible titles for the same interest in the lot and the\ninconsistency has arisen through failure on transfer to cancel,\nwholly or partly, the indefeasible title of the first registered\nowner;\n(f) the interest of another registered proprietor if the lot described\nin the indefeasible title wrongly includes land in which the\nother registered proprietor has an interest.\n\nLand Title Act 2000 95\n(1A) A registered proprietor of a lot (the relevant mortgagee) who is\nrecorded in the land register as a mortgagee of the lot or an interest\nin the lot does not obtain the benefit of section 188 for the relevant\nmortgagee's interest as mortgagee if:\n(a) the relevant mortgagee:\n(i) in relation to the instrument of mortgage or amendment\nof mortgage – failed to comply with section 78A(2); or\n(ii) in relation to a transfer of the instrument of mortgage –\nfailed to comply with section 81A(2); and\n(b) the person who was the mortgagor under the instrument of\nmortgage or amendment of mortgage was not the person who\nwas, or who was about to become, the registered proprietor of\nthe lot or the interest in a lot for which the instrument was\n(1B) For subsection (1A)(b), a person was the mortgagor under an\ninstrument of mortgage or amendment of mortgage if:\n(a) the instrument is an electronic conveyancing document,\nthrough a subscriber digitally signing the instrument under the\nElectronic Conveyancing National Law (NT); or\n(b) the instrument is an electronic conveyancing document and\nthe person signed, as mortgagor, a document that under the\nparticipation rules under the Electronic Conveyancing National\nLaw (NT):\n(a) was required as a supporting document for the\ninstrument of mortgage or amendment of mortgage; and\n(b) was required to be kept by the original mortgagee\nmentioned in section 78A(2).\n(2) The interest of the lessee under subsection (1)(b) does not include:\n(a) a right to acquire the fee simple or other reversionary interest\non or after ending of the short lease; or\n(b) a right to renew or extend the term of the short lease beyond\n3 years from the beginning of the original term.\n\nLand Title Act 2000 96\n(3) For the purposes of subsection (1)(c), an easement is taken to have\nbeen omitted if:\n(a) the easement was in existence when the lot burdened by it\nwas first registered but particulars are no longer recorded in\nthe land register against the lot burdened; or\n(b) the easement was registered but later omitted by an error of\nthe Registrar-General.\n","sortOrder":208},{"sectionNumber":"190","sectionType":"section","heading":"Action to correct wrong inclusion of lot","content":"190 Action to correct wrong inclusion of lot\n(1) If the Registrar-General is satisfied that section 189(1)(f) applies to\nan indefeasible title, the Registrar-General may correct the\nindefeasible title.\n(2) A person affected by the correction may apply to the Supreme\nCourt for an order that the correction be amended or set aside.\n(3) The application must be made within one month after the person\nreceives the written notice of the correction.\n","sortOrder":209},{"sectionNumber":"191","sectionType":"section","heading":"Orders by Supreme Court about fraud and competing interests","content":"191 Orders by Supreme Court about fraud and competing interests\n(1) If there has been fraud by the registered proprietor or\nsection 189(1)(c) to (f) applies, the Supreme Court may make the\norder it considers just.\n(2) Without limiting subsection (1), the Supreme Court may, by order,\ndirect the Registrar-General:\n(a) to cancel or correct the indefeasible title or other particulars in\nthe land register;\n(b) to cancel, correct, execute or register an instrument;\n(c) to create a new indefeasible title;\n(d) to issue a new instrument; or\n(e) to do anything else.\n","sortOrder":210},{"sectionNumber":"192","sectionType":"section","heading":"Compensation for deprivation of lot or interest in lot","content":"192 Compensation for deprivation of lot or interest in lot\n(1) This section applies if a person is deprived of a lot or an interest in\na lot because of:\n(a) the fraud of another person;\n\nLand Title Act 2000 97\n(b) the incorrect creation of an indefeasible title in the name of\nanother person;\n(c) incorrect registration;\n(d) an error in an indefeasible title or in the land register;\n(e) tampering with the land register;\n(f) loss, destruction or improper use of a document deposited or\nlodged at the Land Titles Office or held by the Land Titles\nOffice for safe custody;\n(g) an omission, mistake, breach of duty, negligence or\nmisfeasance of or by the Registrar-General or a member of\nthe staff in the Land Titles Office; or\n(h) the exercise by the Registrar-General of a power in relation to\nan application or dealing with which the person had no\nconnection.\n(2) The person is entitled to compensation from the Territory for the\ndeprivation.\n","sortOrder":211},{"sectionNumber":"193","sectionType":"section","heading":"Compensation for loss or damage","content":"193 Compensation for loss or damage\n(1) This section applies if a person suffers loss or damage because of:\n(a) the incorrect creation of an indefeasible title in the name of\nanother person;\n(b) incorrect registration;\n(c) an error in an indefeasible title or in the land register;\n(d) reliance on the incorrect state of the land register;\n(e) loss, destruction or improper use of a document deposited or\nlodged at the Land Titles Office or held by the Land Titles\nOffice for safe custody;\n(f) omission, mistake, breach of duty, negligence or misfeasance\nof or by the Registrar-General or a member of the staff of the\nLand Titles Office; or\n(g) the exercise by the Registrar-General of a power in relation to\nan application or dealing of which the person had no\nconnection.\n(2) The person is entitled to compensation from the Territory for the\nloss or damage.\n\nLand Title Act 2000 98\n(3) Despite anything in subsection (1) or (2), the person is not entitled\nto compensation under this section for loss or damage caused by\nthe incorrectness of a register kept by the Registrar-General if the\nRegistrar-General may correct the register under section 17.\n(4) Subsection (3) does not limit the person's rights to compensation\notherwise than under subsections (1) and (2).\n","sortOrder":212},{"sectionNumber":"194","sectionType":"section","heading":"Order by Supreme Court about deprivation, loss or damage","content":"194 Order by Supreme Court about deprivation, loss or damage\n(1) For section 192 or 193, a person may apply to the Supreme Court\nfor an order:\n(a) about the amount of compensation to be paid by the Territory;\nor\n(b) directing the Registrar-General to take stated action.\n(2) The Supreme Court may make the order it considers just.\n(3) Without limiting subsection (2), the Supreme Court may, by order,\ndirect the Registrar-General to:\n(a) cancel or correct an indefeasible title or other particulars in the\n(b) create a new indefeasible title;\n(c) issue a new instrument; or\n(d) do anything else.\n","sortOrder":213},{"sectionNumber":"195","sectionType":"section","heading":"Matters for which there is no entitlement to compensation","content":"195 Matters for which there is no entitlement to compensation\n(1) A person is not entitled to compensation from the Territory for\ndeprivation, loss or damage:\n(a) because of a breach of a trust or fiduciary duty (whether\nexpress, implied or constructive) including a breach of duty\narising in the administration of the estate of a deceased\nperson;\n(b) if the person, a person acting as agent for the person, or an\nindemnified person acting or purporting to act for the person,\ncaused or substantially contributed to the deprivation, loss or\ndamage by fraud, neglect or wilful default, including, for\nexample, failure to take reasonable steps in response to a\nnotice that the Registrar-General intended to create a new\nindefeasible title for the relevant lot;\n\nLand Title Act 2000 99\n(c) suffered by a corporation through the improper use of its seal\nor by an act of an authorised signatory of the corporation who\nexceeds the signatory's authority;\n(d) caused when the Registrar-General corrected an indefeasible\ntitle that mistakenly included the person's land, unless the\nperson suffered loss or damage under section 193(1)(d);\n(e) if the loss, damage or deprivation arises out of a matter about\nwhich the Registrar-General is by an Act or law, either\nexpressly or by necessary implication, excused from inquiring;\nor\n(f) because of the Registrar-General lodging a caveat under\nsection 18.\n(2) In this section, indemnified person means a legal practitioner,\nconveyancing agent or real estate agent covered by indemnity\ninsurance (however described) under the Legal Profession\nAct 2006 or Agents Licensing Act 1979.\n","sortOrder":214},{"sectionNumber":"196","sectionType":"section","heading":"Territory's right of subrogation","content":"196 Territory's right of subrogation\n(1) On paying compensation to a person under section 192 or 193, the\nTerritory is subrogated to the rights of the person against the\nperson responsible for the deprivation, loss or damage under the\nsection.\n(2) Without limiting subsection (1), the Territory has rights of\nsubrogation against persons (including legal practitioners,\nconveyancing agents and surveyors) who in the course of their\nprofessional duties have prepared documents for registration that\nhave, in whole or in part, led to the loss or damage.\n(3) If in exercising its rights under subsection (1) the Territory receives\nan amount that is more than the amount it paid to the person, the\nTerritory must pay the difference to the person after deducting the\nTerritory's costs.\n","sortOrder":215},{"sectionNumber":"197","sectionType":"section","heading":"Vendor does not have equitable lien","content":"197 Vendor does not have equitable lien\nA vendor of a lot does not have an equitable lien on the lot because\nof the purchaser's failure to pay all or part of the purchase price of\nthe lot.\n\nLand Title Act 2000 100\n","sortOrder":216},{"sectionNumber":"197A","sectionType":"section","heading":"Definition","content":"197A Definition\nIn this Part:\nverification of identity requirements, see section 197B.\n","sortOrder":217},{"sectionNumber":"197B","sectionType":"section","heading":"Verification of identity requirements","content":"197B Verification of identity requirements\n(1) The identity of the following must be verified in accordance with any\nprescribed requirements (the verification of identity\nrequirements):\n(a) a party to an instrument;\n(b) a person executing a document for this Act (other than a legal\npractitioner or conveyancing agent acting under a client\nauthorisation).\n(2) The verification of identity requirements prescribed under\nsubsection (1) may adopt or apply requirements determined, in\nwriting, by the Registrar-General, as in force at a particular time or\nfrom time to time.\n(3) If requirements determined by the Registrar-General are adopted or\napplied by the regulations:\n(a) the Registrar-General must ensure the following are published\non the Agency's website:\n(i) the current verification of identity requirements;\n(ii) all superseded versions of the verification of identity\nrequirements; and\n(b) if the regulations adopt or apply the requirements as in force\nfrom time to time, any new version of the requirements will\ncome into force:\n(i) on the day on which the version is published on the\nAgency's website; or\n(ii) on a later day specified by the Registrar-General in the\nrequirements.\n(4) The verification of identity requirements may:\n(a) require verification of identity in relation to all, or specified\nclasses of, instruments or documents; and\n\nLand Title Act 2000 101\n(b) include a requirement for a person to retain a document or\nrecord produced in connection with the verification of another\nperson's identity for a period specified in the requirements.\n(5) A reference in this Act to the verification of identity requirements, in\nrelation to an instrument or other document, is a reference to the\nverification of identity requirements in force under this section at the\ntime the identity of a party to the instrument or other document is\nverified (or purportedly verified).\n(6) In civil proceedings (other than review proceedings under this Act) if\nit is alleged that a person failed to comply with a requirement under\nthe verification of identity requirements, that person bears the onus\nof proving the person's compliance with the requirement.\n(7) In this section:\nparty to an instrument includes a person executing an instrument\non behalf of another (whether under a power of attorney or\notherwise) but does not include a legal practitioner or conveyancing\nagent acting under a client authorisation.\n","sortOrder":218},{"sectionNumber":"197C","sectionType":"section","heading":"Effect of client authorisation","content":"197C Effect of client authorisation\n(1) A properly completed client authorisation has effect according to its\nterms.\n(2) If a client authorisation is properly completed, the requirements of\nany other law of the Territory relating to the execution, signing,\nwitnessing, attestation or sealing of documents must be regarded\nas having been fully satisfied.\n(3) This section does not apply in relation to a client authorisation\nunder the Electronic Conveyancing National Law (NT).\nNote for section 197C\nSection 11 of the Electronic Conveyancing National Law (NT) deals with the\neffect of client authorisations under the Law.\n","sortOrder":219},{"sectionNumber":"197D","sectionType":"section","heading":"Termination of client authorisation","content":"197D Termination of client authorisation\n(1) A client authorisation terminates if a party to the authorisation\nadvises the other party by written notice that the authorisation is\nterminated.\n(2) Termination of a client authorisation has effect on receipt of the\ntermination notice, or on the date and at the time or happening of\nan event specified in the termination notice, whichever occurs first.\n\nLand Title Act 2000 102\n","sortOrder":220},{"sectionNumber":"197E","sectionType":"section","heading":"Instruments to be executed by natural persons","content":"197E Instruments to be executed by natural persons\n(1) If a law practice is authorised under a client authorisation to\nexecute instruments on behalf of a natural person, the instruments\nmust be executed by:\n(a) a person who is a legal practitioner of the law practice; or\n(b) a conveyancing agent who is an employee of the law practice.\n(2) If a conveyancing agent that is a body corporate is authorised\nunder a client authorisation to execute instruments on behalf of a\nnatural person, the instrument must be executed by a conveyancing\nagent who is a director or employee of the agent.\n","sortOrder":221},{"sectionNumber":"197F","sectionType":"section","heading":"Client authorisation may be given by Territory or statutory","content":"197F Client authorisation may be given by Territory or statutory\ncorporation\nThe Territory (including an instrumentality of the Territory) or a\nstatutory corporation may provide for a representative to execute\ninstruments on its behalf by completing a client authorisation\n(irrespective of whether it has the capacity to delegate its powers).\n","sortOrder":222},{"sectionNumber":"197G","sectionType":"section","heading":"Legal practitioner and conveyancing agent must obtain","content":"197G Legal practitioner and conveyancing agent must obtain\nauthorisation\n(1) A person commits an offence if:\nLaw (NT) on behalf of a party to the instrument; and\n(c) the execution is not in accordance with a properly completed\nclient authorisation and the person is reckless in relation to\nthat result.\n(2) A person commits an offence if:\nLaw (NT) on behalf of a party to the instrument in accordance\nwith a properly completed client authorisation; and\n\nLand Title Act 2000 103\n(c) the person did not verify the identity of the party in accordance\nwith the verification of identity requirements and the person is\nreckless in relation to that circumstance.\n(3) A person commits an offence if:\nLaw (NT) on behalf of a party to the instrument in accordance\nwith a properly completed client authorisation; and\n(c) the person did not verify the authority of the party, in\naccordance with the verification of authority guidelines, to be a\nparty to the instrument authorised by or under the client\nauthorisation and the person is reckless in relation to that\ncircumstance.\n(4) Strict liability applies to subsections (1)(a), (2)(a) and (3)(a).\n(5) This section does not apply to a legal practitioner or conveyancing\nagent:\n(a) who executes a caveat as agent of a caveator otherwise than\nunder a client authorisation; or\n(b) in other circumstances prescribed by regulation.\n","sortOrder":223},{"sectionNumber":"197H","sectionType":"section","heading":"Retention of client authorisation","content":"197H Retention of client authorisation\n(1) A client authorisation must be retained by the law practice, legal\npractitioner or conveyancing agent for:\n(a) 7 years from the time of the last use of the authorisation; or\n(b) if there is a period prescribed by the regulations – that period.\n(2) A person commits an offence if the person does not comply with\nsubsection (1).\n(3) An offence against subsection (2) is an offence of strict liability.\n\nLand Title Act 2000 104\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if:\nthe defendant from complying with subsection (1).\nNote for subsection (4)\n","sortOrder":224},{"sectionNumber":"197J","sectionType":"section","heading":"Review by NTCAT","content":"197J Review by NTCAT\nA person who is aggrieved by a decision of the Registrar-General\nmade in the performance or purported performance of a function\nunder this Act, except under section 27, 28, 190, 191 or 194, may\napply to NTCAT for review of the decision.\nNote for section 197J\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n","sortOrder":225},{"sectionNumber":"198","sectionType":"section","heading":"No title by adverse possession","content":"198 No title by adverse possession\n(1) A person does not acquire any right or title to land under this Act by\nany length of adverse possession.\n(2) The right of a registered owner of land to recover possession of the\nland is not barred by any length of adverse possession.\n","sortOrder":226},{"sectionNumber":"199","sectionType":"section","heading":"Lis pendens cannot be registered","content":"199 Lis pendens cannot be registered\nA lis pendens affecting land under this Act cannot be registered.\n","sortOrder":227},{"sectionNumber":"200","sectionType":"section","heading":"Words and expressions used in instruments under Act","content":"200 Words and expressions used in instruments under Act\n(1) Words and expressions used in instruments made or executed\nunder this Act and also in this Act have the same respective\nmeanings in the instruments as they have in this Act.\n(2) The application of subsection (1) to an instrument may be\ndisplaced, wholly or partly, by a contrary intention appearing in the\n\nLand Title Act 2000 105\n","sortOrder":228},{"sectionNumber":"201","sectionType":"section","heading":"Protection from liability","content":"201 Protection from liability\n(1) The Registrar-General, or any person acting under the authority of\nthe Registrar-General, is not liable to any action, suit, or proceeding\nin respect of any act or matter done or omitted to be done in good\nfaith in the exercise or purported exercise of a power under this or\nany other Act.\n(2) If subsection (1) prevents civil liability attaching to a person, the\nliability attaches instead to the Territory.\n(3) In subsection (1), a reference to an act or matter includes\npublishing reasons for a decision following an inquiry under\nsection 26.\n","sortOrder":229},{"sectionNumber":"202","sectionType":"section","heading":"Registrar-General may approve forms","content":"202 Registrar-General may approve forms\nThe Registrar-General may approve forms for use under this Act.\n","sortOrder":230},{"sectionNumber":"203","sectionType":"section","heading":"Reference to instrument is reference to instrument completed","content":"203 Reference to instrument is reference to instrument completed\nin appropriate form\nIn this Act, a reference to a particular type of instrument is a\nreference to the instrument completed in the appropriate form.\n","sortOrder":231},{"sectionNumber":"204","sectionType":"section","heading":"References in instruments to person with interest in lot","content":"204 References in instruments to person with interest in lot\nincludes personal representatives etc.\n(1) In this Act or an instrument made or executed under this Act, a\nreference to a person as owner, proprietor, transferor, transferee,\nmortgagor, mortgagee, lessor, lessee or as having an interest in a\nlot includes a reference to the person's personal representatives,\nsuccessors and assigns.\n(2) Subsection (1) may be displaced, wholly or partly, by a contrary\nintention.\n","sortOrder":232},{"sectionNumber":"205","sectionType":"section","heading":"Registrar-General may provide particulars of dealings in land","content":"205 Registrar-General may provide particulars of dealings in land\n(1) In this section, authority means:\n(a) a local government body;\n(b) the Power and Water Corporation established by the Power\nand Water Corporation Act 1987;\n(c) the Valuer-General; or\n(d) a person approved in writing by the Minister.\n\nLand Title Act 2000 106\n(2) The Registrar-General may, subject to the direction of the Minister,\nenter into an agreement with a authority to provide to the authority\nthe information, or part of the information, that a person who\ndisposes of or acquires an estate or interest in land is required by\nor under an Act to provide to the authority in respect of the land.\n(3) The agreement may:\n(a) relate to the provision of all or part only of the information\nrequired to be provided by a person who disposes of or\nacquires an estate or interest in land; and\n(b) specify that the information be provided in a particular form,\nincluding in an electronic form.\n(4) While the agreement remains in force, the Registrar-General must\nprovide the information to the authority in accordance with the\nagreement.\n","sortOrder":233},{"sectionNumber":"206","sectionType":"section","heading":"Service","content":"206 Service\n(1) If this Act requires a notice to be served on or given to a person, the\nrequirement is satisfied if the notice is:\n(a) served personally; or\n(b) sent by registered or certified post or by facsimile:\n(i) to the address for service noted in the land register;\n(ii) in the case of a corporation – either to that address or to\nthe address of the corporation's registered office or\nprincipal place of business for the purposes of the\nCorporations Act 2001; or\n(iii) if the address or addresses authorised by\nsubparagraphs (i) and (ii) appear to the Registrar-\nGeneral to be unsatisfactory – to any other address that\nhe or she may consider appropriate; or\n(ba) sent by electronic communication in accordance with the\nrequirements of the Electronic Transactions (Northern\nTerritory) Act 2000; or\n(c) served in a manner specified in the Registrar-General's\ndirections; or\n(d) published in a manner specified in the Registrar-General's\n\nLand Title Act 2000 107\n(2) The address for service noted in the land register may be a post\noffice box and may, in the case of a natural person, be a business\naddress.\n(3) The Supreme Court may order that a notice required or permitted to\nbe served on a person under this Act be served in the way directed\nby the Supreme Court.\n(4) The Supreme Court may make an order under subsection (3) if, for\nexample, the person:\n(a) is not known;\n(b) cannot be found and has no known agent; or\n(c) is dead and has no personal representative.\n(5) The Supreme Court may dispense with service of a notice required\nor permitted to be served on a person under this Act if it is satisfied\nthat it is appropriate to dispense with service of the notice.\n","sortOrder":234},{"sectionNumber":"207","sectionType":"section","heading":"Delivery","content":"207 Delivery\nIf the Registrar-General is required or permitted to return an\ninstrument or other document to a person who has deposited or\nlodged it in the Land Titles Office, the Registrar-General may return\nit by leaving it at a place designated for the purpose at the Land\nTitles Office.\n","sortOrder":235},{"sectionNumber":"208","sectionType":"section","heading":"Powers of Registrar-General arising from reciprocal","content":"208 Powers of Registrar-General arising from reciprocal\narrangements\nNothing in this Act prevents the Registrar-General giving to a\nrelevant registrar information relating to a matter arising wholly or\npartly under the law of another Commonwealth jurisdiction.\n","sortOrder":236},{"sectionNumber":"209","sectionType":"section","heading":"Reciprocal arrangements for lodgement of documents","content":"209 Reciprocal arrangements for lodgement of documents\n(1) If the Minister is satisfied that the law in force in another\nCommonwealth jurisdiction providing for the registration of interests\nin land makes substantially the same provision as this Act, the\nRegistrar-General may make an agreement with a relevant registrar\nin the jurisdiction under which:\n(a) the relevant registrar may, in respect of land in Territory,\nperform any functions and exercise any powers that may be\nperformed or exercised by the Registrar-General under this\nAct; and\n\nLand Title Act 2000 108\n(b) the Registrar-General may, in respect of land outside the\nTerritory, perform any functions or exercise any powers that\nmay be performed or exercised by the relevant registrar under\nthe law of the jurisdiction.\n(2) The agreement may provide:\n(a) that the Registrar-General may accept a document lodged for\nregistration in the other jurisdiction or any information on\nbehalf of the relevant registrar;\n(b) that the Registrar-General may send to any relevant registrar\nany documents or information received on behalf of that\nregistrar by:\n(i) transmission of the original documents;\n(ii) transmission of copies of the documents;\n(iii) facsimile process;\n(iv) any device used for the storage or transmission or\nprocessing of information as may be approved by the\nRegistrar-General;\n(v) a process authorised by the law of that other jurisdiction;\nor\n(vi) by a combination of any of those means; and\n(c) that the Registrar-General may accept from the relevant\nregistrar any documents or information transmitted as\nprovided by paragraph (b).\n(3) Where a document of information is transmitted to the Registrar-\nGeneral as provided by this section, the document or information is\ntaken to have the same effect as the original document of\ninformation of which it purports to be a copy.\n","sortOrder":237},{"sectionNumber":"210","sectionType":"section","heading":"Registrar-General's directions","content":"210 Registrar-General's directions\n(1) The Registrar-General may issue directions relating to the\nrequirements to be followed in:\n(a) lodging, registering, serving or publishing documents and\nplans under this Act or any other Act; and\n(b) giving a notice in the approved form or any other type of\ndocument under this Act to the Registrar-General or any other\n\nLand Title Act 2000 109\n(2) In issuing the Registrar-General's directions, the Registrar-General\nmust have regard to:\n(a) the object of this Act; and\n(ab) the object of any other Act for which directions are issued; and\n(b) the principle that the registered interest of a person in land is\nnot to be adversely affected, other than with the consent of the\n(2A) The Registrar-General's directions must be consistent with this Act\nand any other Act for which they are issued.\n(3) Without limiting subsection (1), the Registrar-General's directions\nmay provide for:\n(a) the form and content of and the requirements in respect of\ndocuments and plans;\n(b) the number of copies of documents and plans to be lodged;\n(c) the need for lodging consents, certificates and other\ndocuments;\n(d) the signing of documents (including in electronic form and by\ncodes);\n(e) the practice of carrying forward registered interests onto new\ntitles; and\n(f) the time and method of paying fees.\n(4) The Registrar-General's directions must be complied with unless\nthe Registrar-General dispenses with compliance.\n(5) Directions take effect on the date the Registrar-General gives\nnotice in the Gazette that the directions have been issued.\n(6) The notice must include advice that the directions are available for\ninspection by members of the public at the Land Titles Office,\nwithout charge, during normal office hours.\n(7) The Registrar-General must comply with any direction from the\nMinister concerning an amendment to the Registrar-General's\n\nLand Title Act 2000 110\n","sortOrder":238},{"sectionNumber":"210A","sectionType":"section","heading":"Verification of authority guidelines","content":"210A Verification of authority guidelines\n(1) The Registrar-General may issue guidelines to be observed by a\nparty to a transaction, or the legal practitioner or conveyancing\nagent representing a party to a transaction.\n(2) If a party, legal practitioner or conveyancing agent representing a\nparty is required under this Act to verify the party, legal practitioner\nor conveyancing agent's authority, or the authority of a party to the\ntransaction, the party, legal practitioner or conveyancing agent must\nfollow the verification of authority guidelines before entering into the\ntransaction or executing an instrument or document in connection\nwith the transaction.\n(3) The Registrar-General must ensure that current and superseded\nversions of the verification of authority guidelines are published on\nthe Agency's website.\n","sortOrder":239},{"sectionNumber":"211","sectionType":"section","heading":"Regulations","content":"211 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting subsection (1), the Regulations may prescribe:\n(a) the form or medium, or the combinations of them, for, and the\nmanner of:\n(i) keeping the land register; or\n(ii) making entries in the land register; and\n(b) the forms to be used.\n","sortOrder":240},{"sectionNumber":"212","sectionType":"section","heading":"Repeal","content":"212 Repeal\n(1) The Acts of South Australia listed in Part A of Schedule 2 as\napplying as laws of the Territory are repealed.\n(2) The Ordinances and Acts listed in Part B of Schedule 2 are\nrepealed.\n\nLand Title Act 2000 111\n","sortOrder":241},{"sectionNumber":"213","sectionType":"section","heading":"Definition","content":"213 Definition\nIn this Part, a reference to the Real Property Act 1886 means the\nReal Property Act 1886 as in force before the commencement of\nthis Act.\n","sortOrder":242},{"sectionNumber":"214","sectionType":"section","heading":"Things made under Real Property Act 1886","content":"214 Things made under Real Property Act 1886\n(1) In this section, done includes issued, recorded, entered, kept,\ngranted, declared, registered, lodged, deposited, produced,\ntransferred, created, served, given, acquired, required, executed,\nremoved, noted, sealed, imprinted, witnessed, advertised and\nanything else prescribed for the purposes of this definition.\n(2) Everything done under the Real Property Act 1886 is as effective as\nif it had been done under this Act.\n","sortOrder":243},{"sectionNumber":"215","sectionType":"section","heading":"Interests and certificates as to title under Real Property","content":"215 Interests and certificates as to title under Real Property\nAct 1886\n(1) On the commencement of this section:\n(a) each interest in land held by a person immediately before the\ncommencement, and recorded under the Real Property\nAct 1886, is taken to be an interest held by the person in the\nland register; and\n(b) each certificate as to title, duplicate certificate as to title or\ndeed of grant issued under the Real Property Act 1886 before\nthe commencement is taken to be a certificate as to title\nissued under this Act.\n(2) The Registrar-General must do everything necessary or desirable\nto ensure that the particulars of each interest mentioned in\nsubsection (1) are fully and accurately recorded in the land register.\n","sortOrder":244},{"sectionNumber":"216","sectionType":"section","heading":"Encumbrances","content":"216 Encumbrances\n(1) An encumbrance registered under the Real Property Act 1886 is to\nbe taken to be a mortgage executed under this Act.\n(2) A restrictive covenant contained in an encumbrance under the Real\nProperty Act 1886 is to be taken to be a covenant executed under\nthis Act.\n(3) A covenant that was unenforceable under the Real Property\nAct 1886 continues to be unenforceable after the commencement\nof this Act.\n\nLand Title Act 2000 112\n","sortOrder":245},{"sectionNumber":"217","sectionType":"section","heading":"Registration of instrument lodged before commencement of","content":"217 Registration of instrument lodged before commencement of\nAct\n(1) If:\n(a) an instrument is lodged before the commencement of this Act,\nbut is not registered before the commencement; and\n(b) the Registrar-General had power to register the instrument\nwhen it was lodged;\nthe Registrar-General may register the instrument after the\ncommencement of this Act.\n(2) If within 12 months before the commencement of this Act an\ninstrument was executed in accordance with the law as then in\nforce, the Registrar-General must register the instrument if it is\nlodged after that commencement.\n(3) When registering an instrument under this section, the Registrar-\nGeneral must exercise the powers that the Registrar-General had\nat the time when the instrument was lodged.\n","sortOrder":246},{"sectionNumber":"218","sectionType":"section","heading":"Certain provisions of Real Property Act 1886 to continue to","content":"218 Certain provisions of Real Property Act 1886 to continue to\noperate\n(1) The repeal of the Real Property Act 1886 does not affect the\noperation of section 86 of that Act.\n(2) Subject to the Law of Property Act 2000, the repeal of the Real\nProperty Act 1886 does not affect the operation of section 113(3) of\nthat Act.\n(3) The repeal of the Real Property Act 1886 does not affect the\noperation of sections 132 to 139 (inclusive) of that Act or the\nregulations made under that Act (in so far as they are relevant) in\nrespect of a default under a mortgage that occurred before the\ncommencement of this Act whether or not the default continues\nafter that commencement.\n(4) The repeal of the Real Property Act 1886 does not affect the\noperation of section 165 of that Act.\n(5) The repeal of the Real Property Act 1886 does not affect the\noperation of sections 124 and 125 of that Act to a lease to which\nthose sections applied before the commencement of this Act and\nthose sections continue to apply to the lease as if they had not\nbeen repealed.\n\n","sortOrder":247},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Land Title and Related Legislation Amendment Act","content":"Part 13 Transitional matters for Land Title and Related Legislation Amendment Act\nLand Title Act 2000 113\n(6) The repeal of the Real Property Act 1886 does not affect the\noperation of section 130 of that Act to a mortgage or encumbrance\nto which the section applied before the commencement of this Act\nand the section continues to apply to the mortgage or encumbrance\nas if it had not been repealed.\n(7) The repeal of the Real Property Act 1886 does not affect the\noperation that a caveat lodged under that Act would have had but\nfor that repeal and, in respect of the caveat, section 191 continues\nto apply as if it had not been repealed.\n(8) The repeal of the Real Property Act 1886 does not affect the\noperation of section 265 of that Act to a mortgage, encumbrance or\nlease to which the section applied before the commencement of\nthis Act and the section and Schedule 16 (as referred to in the\nsection) continue to apply to the mortgage, encumbrance or lease\nas if they had not been repealed.\n(9) A memorandum prepared and retained under section 265A of the\nReal Property Act 1886 is to be taken to be a registered standard\nterms document for the purposes of Division 2 of Part 8.\n(10) An agreement entered into under section 274 of the Real Property\nAct 1886 that is in force immediately before the commencement of\nthis Act continues in force after the commencement as if it were an\nagreement entered into under section 205.\nPart 13 Transitional matters for Land Title and Related\nLegislation Amendment Act 2008\n","sortOrder":248},{"sectionNumber":"219","sectionType":"section","heading":"Application","content":"219 Application\n(1) The amendments apply to a plan of subdivision, or a plan of\nconsolidation, lodged with the Registrar-General on or after the\ncommencement.\n(2) In this section:\namendments means the amendments made to this Act by the\nLand Title and Related Legislation Amendment Act 2008.\ncommencement means the commencement of the amendments.\n\nPart 15 Transitional matters for Land Legislation Amendment Act 2023\nLand Title Act 2000 114\nPart 14 Transitional matters for Unit Title Schemes\nAct 2009\n220 Application\n(1) This Act as amended by Unit Title Schemes Act 2009 applies to a\nplan of subdivision, plan of consolidation, scheme statement or\ndisclosure statement lodged with the Registrar-General on or after\nthe commencement.\n(2) In this section:\ncommencement means the commencement of the amendments of\nthis Act made by the Unit Title Schemes Act 2009.\n","sortOrder":249},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Land Legislation","content":"Part 15 Transitional matters for Land Legislation\nAmendment Act 2023\n","sortOrder":250},{"sectionNumber":"221","sectionType":"section","heading":"Definition","content":"221 Definition\nIn this Part:\namending Act means the Land Legislation Amendment Act 2023.\n","sortOrder":251},{"sectionNumber":"222","sectionType":"section","heading":"Application of section 78A","content":"222 Application of section 78A\nSection 78A applies to an instrument of transfer of a mortgage if the\ninstrument is executed after the commencement of that section.\n","sortOrder":252},{"sectionNumber":"223","sectionType":"section","heading":"Application of section 81A","content":"223 Application of section 81A\nSection 81A applies to:\n(a) an instrument of transfer of a mortgage if the instrument is\nexecuted after the commencement of section 81A; and\n(b) an instrument of mortgage irrespective of whether the\nmortgage was executed before or after the commencement of\nsection 81A.\n","sortOrder":253},{"sectionNumber":"224","sectionType":"section","heading":"Offences – before and after commencement","content":"224 Offences – before and after commencement\n(1) Sections 25 and 172, as in force before the commencement of\n","sortOrder":254},{"sectionNumber":"Part 3","sectionType":"part","heading":"of the amending Act (the commencement), apply in relation","content":"Part 3 of the amending Act (the commencement), apply in relation\nto an offence committed before the commencement.\n(2) For subsection (1), if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nPart 15 Transitional matters for Land Legislation Amendment Act 2023\nLand Title Act 2000 115\n","sortOrder":255},{"sectionNumber":"225","sectionType":"section","heading":"NTCAT jurisdiction applies after commencement","content":"225 NTCAT jurisdiction applies after commencement\nSection 197J applies only in relation to a decision made after the\ncommencement of that section.\n\nLand Title Act 2000 116\nsection 159\nPLACE OF EXECUTION OF\nINSTRUMENT\nPERSONS WHO CAN WITNESS\nEXECUTION\nIn the Northern Territory a commissioner for oaths\na member of the Legislative Assembly\na legal practitioner\na person holding office under the\nSupreme Court Act 1979, the Justices of\nthe Peace Act 1991, the Local Court\nAct 2015 or the Registration Act 1927\na member of the Police Force\na conveyancing agent or a person\nlicensed as a real estate agent under the\nAgents Licensing Act 1979\na Notary Public\nany other person approved by the\nRegistrar-General\nIn a State, Territory or place\nwithin Australia\nAny person approved by Registrar-\nGeneral's directions\nIn a place outside Australia Any person approved by Registrar-\nGeneral's directions\n\nLand Title Act 2000 117\nsection 212\nPART A\nThe Real Property Act, 1886 (1886, No. 380)\nThe Real Property Amendment Act, 1893 (1893, No. 569)\nPART B\nReal Property Ordinance 1918 (No. 13 of 1918)\nReal Property Ordinance 1926 (No. 12 of 1926)\nReal Property Ordinance 1932 (No. 11 of 1932)\nReal Property Ordinance 1965 (No. 15 of 1965)\nReal Property Ordinance 1969 (No. 2 of 1969)\nReal Property Ordinance 1973 (No. 63 of 1973)\nReal Property Act 1978 (No. 93 of 1978)\nReal Property Amendment Act 1981 (No. 48 of 1981)\nReal Property Amendment Act 1982 (No. 67 of 1982)\nReal Property Amendment Act (No. 2) 1982 (No. 83 of 1982)\nReal Property Amendment Act 1983 (No. 8 of 1983)\nReal Property Amendment Act 1984 (No. 17 of 1984)\nReal Property Amendment Act 1986 (No. 27 of 1986)\nReal Property Amendment Act 1988 (No. 38 of 1988)\nReal Property Amendment Act 1989 (No. 59 of 1989)\nReal Property Amendment Act (No. 2) 1989 (No. 66 of 1989)\nReal Property Amendment Act 1991 (No. 32 of 1991)\nReal Property Amendment Act (No. 2) 1991 (No. 53 of 1991)\nReal Property Amendment Act 1993 (No. 19 of 1993)\nReal Property Amendment Act (No. 2) 1993 (No. 76 of 1993)\nReal Property Amendment Act 1999 (No. 17 of 1999)\n\nLand Title Act 2000 118\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLand Title Act 2000 (Act No. 2, 2000)\nAssent date 14 March 2000\nCommenced 1 December 2000 (Gaz G38, 27 September 2000, p 2)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 1,\n2000) and Gaz G38, 27 September 2000, p 2)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo. 14, 2001) and Gaz G8, 27 February 2002, p 6)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced 13 July 2005 (Gaz G28, 13 July 2005, p 3)\n\nLand Title Act 2000 119\nJustice Legislation Amendment Act 2006 (Act No. 13, 2006)\nAssent date 18 May 2006\nCommenced 1 July 2006 (s 2(4) and Gaz G26, 28 June 2006, p 7)\nTreasury Legislation and Consequential Amendment Act 2006 (Act No. 19, 2006)\nAssent date 28 June 2006\nCommenced pt 1: 28 June 2006; pt 2: 2 May 2006; rem: 1 July 2006 (s 2)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nLand Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008)\nAssent date 11 March 2008\nCommenced pt 6: 18 March 2009 (Gaz G11, 13 March 2009, p 4);\nrem: 1 July 2009 (Gaz S30, 26 June 2009)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nJustice Legislation Amendment Act 2010 (Act No. 24, 2010)\nAssent date 30 June 2010\nCommenced 21 July 2010 (Gaz G29, 21 July 2010, p 5)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nElectronic Conveyancing (National Uniform Legislation) Act 2013 (Act No. 13, 2013)\nAssent date 6 June 2013\nCommenced 17 July 2013 (Gaz G29, 17 July 2013, pp 2 and 3)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\n\nLand Title Act 2000 120\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nTermination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014)\nAssent date 8 December 2014\nCommenced 1 January 2015 (s 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nLand Title Amendment Act 2021 (Act No. 14, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nLand Legislation Amendment Act 2023 (Act No. 3, 2023)\nAssent date 2 March 2023\nCommenced 2 January 2024 (Gaz G16, 3 August 2023, p 1)\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));\nrem: 25 May 2024 (s 2(1))\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 35 , 41, 42, 44, 51,\n52, 53, 54B, 54D, 54E, 54F, 54G, 60, 66, 80, 85, 89, 100, 103, 112, 114, 127,\n148, 149, 159, 164, 195, 205, 213, 214, 215, 216 and 218 and sch 1.\n\nLand Title Act 2000 121\n4 LIST OF AMENDMENTS\ns 3 amd No. 45, 2000, s 5; No. 14, 2021, s 4\ns 4 amd No. 15, 2001, s 5; No. 3, 2008, s 4; No. 28, 2008, s 17; No. 14, 2009,\ns 133; No. 19, 2014, s 26; No. 4, 2017, s 34; No. 14, 2021, s 5; No. 3, 2023,\ns 6\ns 5A ins No. 3, 2023, s 7\ns 7 amd No. 3, 2023, s 8\ns 6 amd No. 14, 2021, s 6\ns 9 amd No. 45, 2000, s 5\ns 10 amd No. 13, 2006, s 46; No. 3, 2023, s 9\ns 11 amd No. 3, 2023, s 10\ns 14 amd No. 14, 2021, s 7\ns 14A ins No. 3, 2023, s 11\npt 2\ndiv 2A hdg ins No. 3, 2023, s 12\nss 15A – 15D ins No. 3, 2023, s 12\ns 17 amd No. 45, 2000, s 5\ns 23 amd No. 7, 2007, s 16; No. 40, 2010, s 118\ns 25 amd No. 12, 2010, s 3; No. 40, 2010, s 118\nsub No. 3, 2023, s 13\ns 27 amd No. 40, 2010, s 118; No. 3, 2023, s 14\ns 31A ins No. 3, 2023, s 15\ns 32 sub No. 3, 2023, s 15\ns 32A ins No. 3, 2023, s 15\ns 35 amd No. 18, 2004, s 3; No. 28, 2008, s 18; No. 33, 2019, s 49\ns 38 amd No. 14, 2021, s 8\ns 44 amd No. 24, 2010, s 6; No. 3, 2023, s 16; No. 14, 2025, s 9\ns 45 amd No. 45, 2000, s 5\ns 48 amd No. 45, 2000, s 5; No. 14, 2021, s 9\npt 4\ndiv 3 hdg sub No. 3, 2008, s 5\ns 51 sub No. 3, 2008, s 6\namd No. 14, 2009, s 134\ns 52 amd No. 45, 2000, s 5; No. 3, 2008, s 7\ns 53 amd No. 45, 2000, s 5; No. 3, 2008, s 8\ns 54 amd No. 3, 2008, s 9\npt 4\ndiv 4 hdg ins No. 14, 2009, s 135\ns 54A ins No. 14, 2009, s 135\namd No. 3, 2023, s 17\nss 54B – 54D ins No. 14, 2009, s 135\ns 54E ins No. 14, 2009, s 135\namd No. 48, 2014, s 29\ns 54F ins No. 14, 2009, s 135\npt 4\ndiv 5 hdg ins No. 48, 2014, s 30\ns 54G ins No. 48, 2014, s 30\namd No. 9, 2024, s 26\ns 55 rep No. 3, 2008,s 10\ns 64 amd No. 45, 2000, s 5\ns 64A ins No. 3, 2023, s 18\ns 66 amd No. 45, 2000, s 5; No. 19, 2006, s 45\ns 71 amd No. 3, 2023, s 19\ns 72 amd No. 3, 2023, s 20\ns 78A ins No. 3, 2023, s 21\ns 81A ins No. 3, 2023, s 22\n\nLand Title Act 2000 122\ns 85A ins No. 3, 2023, s 23\nss 87 – 89 amd No. 45, 2000, s 5\ns 90 amd No. 45, 2000, s 5; No. 14, 2021, s 10\ns 98 amd No. 3, 2001, s 8\ns 99 amd No. 13, 2006, s 47\npt 6\ndiv 4\nsdiv 2 hdg sub No. 3, 2008, s 11\ns 101 amd No. 3, 2008, s 12\ns 102 amd No. 3, 2008, s 13\ns 103 amd No. 3, 2008, s 14\ns 105 amd No. 3, 2008, s 15\ns 112 amd No. 45, 2000, s 5; No. 3, 2001, s 8\ns 113 amd No. 13, 2006, s 48\npt 6\ndiv 5\nsdiv 2 hdg sub No. 3, 2008, s 16\ns 115 amd No. 3, 2008, s 17\ns 116 amd No. 3, 2008, s 18\ns 123 amd No. 13, 2006, s 49\ns 125 amd No. 3, 2023, s 24\ns 136 amd No. 8, 2016, s 45\ns 136A ins No. 3, 2023, s 25\ns 138 amd No. 3, 2023, s 26\ns 140 amd No. 3, 2023, s 27\ns 142 amd No. 45, 2000, s 4; No. 13, 2006, s 50; No. 3, 2023, s 28\ns 145 sub No. 3, 2023, s 29\npt 7\ndiv 3 hdg amd No. 36, 2013, s 79\ns 148 amd No. 45, 2000, s 5\ns 149 rep No. 45, 2000, s 5\nins No. 36, 2013, s 80\ns 155 amd No. 3, 2023, s 30\ns 156 amd No. 3, 2023, s 31\ns 157 amd No. 3, 2023, s 32\ns 159 amd No. 3, 2023, s 33\ns 162 amd No. 3, 2023, s 34\ns 163 amd No. 14, 2021, s 11\ns 164 amd No. 15, 2001, s 5\ns 165 amd No. 45, 2000, s 5; No. 14, 2021, s 12\ns 172 amd No. 12, 2010, s 3\nsub No. 3, 2023, s 35\ns 187 amd No. 3, 2023, s 36\ns 188 amd No. 10, 2023, s 5\ns 189 amd No. 3, 2023, s 37\ns 195 amd No. 7, 2007, s 16\npt 10A hdg ins No. 3, 2023, s 38\nss 197A –\n197H ins No. 3, 2023, s 38\ns 197J ins No. 3, 2023, s 39\ns 201 amd No. 13, 2006, s 51\ns 205 amd No. 4, 2007, s 7\ns 206 amd No. 17, 2001, s 21;No. 3, 2023, s 40\ns 210 amd No. 20, 2005, s 41; No. 13, 2013, s 13; No. 3, 2023, s 41\ns 210A ins No. 3, 2023, s 42\npt 12 hdg sub No. 3, 2008, s 19\npt 13 hdg ins No. 3, 2008, s 20\ns 219 ins No. 3, 2008, s 20\n\nLand Title Act 2000 123\npt 14 hdg ins No. 14, 2009, s 136\ns 220 ins No. 14, 2009, s 136\npt 15 hdg ins No. 3, 2023, s 43\nss 221 – 225 ins No. 3, 2023, s 43\nsch 1 amd No. 7, 2007, s 16; No. 40, 2010, s 118; No. 8, 2016, s 45; No. 3, 2023,\ns 44\nsch 2 amd No. 45, 2000, s 5","sortOrder":256}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":731},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2000 form. Major scope expansions include: (1) integration with national electronic conveyancing systems (2013 onwards); (2) comprehensive unit title scheme provisions following the 2009 Unit Title Schemes Act; (3) detailed identity verification and client authorisation requirements added in 2023 amendments; (4) termination of developments provisions from 2014; and (5) native title integration provisions. The 2023 amendments in particular added an entire new Part 10A on client authorisation with criminal offences, substantially increasing regulatory burden beyond original land registration purposes."},"complexity_factors":["212 sections across 15 Parts with multiple Divisions and Subdivisions","47 defined terms in section 4, many cross-referencing other NT legislation","Extensive cross-references to: Law of Property Act 2000, Unit Title Schemes Act 2009, Electronic Conveyancing National Law (NT), Planning Act 1999, and Commonwealth Native Title Act 1993","Nested conditional logic in indefeasibility provisions (sections 188-189) with multiple exceptions to exceptions","Complex transitional provisions spanning 4 separate amending Acts across 23 years (2000-2023)","Detailed procedural requirements for electronic conveyancing with participation rules and digital signature requirements","Multiple overlapping regimes: standard land dealings, unit title schemes, Crown land alienation, and statutory charges"],"plain_english_summary":"This is the **Land Title Act 2000** (Northern Territory), the central law governing how land ownership is recorded and transferred in the NT. Think of it as the rulebook for the Territory's land registry system.\n\n**What it does:**\n- **Creates a central land register** maintained by the Registrar-General — a comprehensive database recording who owns what land and what interests (like mortgages or leases) affect that land.\n- **Establishes \"indefeasible title\"** — once you're registered as owner, your title is generally protected against claims from others, even if there were errors or fraud in earlier dealings (with some exceptions).\n- **Sets rules for land dealings** — buying, selling, leasing, mortgaging, subdividing, and creating easements (rights to use someone else's land) or covenants (promises about land use).\n- **Modernises the system** — allows electronic conveyancing (digital documents and signatures), integrates with national electronic conveyancing systems, and includes identity verification requirements to prevent fraud.\n\n**Key protections:**\n- **Registration is everything** — an interest in land isn't legally effective until registered. A signed contract alone doesn't transfer ownership.\n- **Priority by lodgement date** — when multiple claims exist, priority depends on when documents were lodged with the Registrar-General, not when they were signed.\n- **Compensation scheme** — if someone loses their registered title due to fraud or Registrar-General error, they can claim compensation from the Territory.\n\n**Who it affects:**\n- Anyone buying, selling, or dealing with land in the NT\n- Banks and mortgagees (lenders must verify borrower identity)\n- Lawyers, conveyancers, and real estate agents\n- Developers creating unit title schemes (apartments, townhouses)\n- Government bodies managing Crown land\n\n**Recent additions** (2023 amendments): Stricter identity verification for mortgage transactions, new offences for failing to verify identities, and expanded electronic conveyancing capabilities."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as printed includes multiple post‑enactment extensions and new subject matters not in the original 2000 text. Notable additions in subsequent amendments that broaden scope include electronic conveyancing provisions and definitions (ss 15A–15D inserted by later amendments), a new Part 10A establishing client authorisation and identity‑verification obligations (ss 197A–197H), identity checks for mortgagees and transferees (ss 78A, 81A), new Registrar‑General powers and procedural provisions (e.g. ss 14A, 31A, 32A), and expanded unit title and termination handling (ss 54A–54F, 54G). The endnotes and list of amendments record those insertions and changes (see amendment notes and Parts 12–15), so the operational scope now reaches electronic systems, professional verification duties, and extended administrative remedies and liabilities compared with the Act’s original consolidation and reform purpose (s 3)."},"complexity_factors":["Extensive cross‑references to other Territory and Commonwealth instruments and Acts (e.g. Electronic Conveyancing National Law (NT), Law of Property Act 2000, Unit Title Schemes Act 2009, Native Title Act 1993) creating multi‑statute interactions (see ss 3(2), 15B, 100, 48(2A)).","Large number of subject areas covered in a single statute (registration mechanics, transfers, mortgages, leases, easements, covenants, unit schemes, caveats, compensation and electronic conveyancing).","Significant administrative discretion granted to the Registrar‑General (form and form changes, corrections, directions, inquiries, caveats and registration decisions) which requires procedural rules and careful operational guidance (ss 6(3)–(4), 17, 18, 20–26, 210).","Detailed compliance and recordkeeping obligations for private actors, including identity verification, seven‑year retention rules, and client authorisations with strict liability offences and monetary penalties (ss 78A, 81A, 197B–197H).","Priority and indefeasibility rules that depend on precise timing (lodgement endorsements and order of registration) and numerous exceptions that require case‑by‑case legal analysis (ss 181, 188–189).","Hybrid paper/electronic regime and delegation of many technical rules to external participation rules and Registrar‑General publications (ss 15A–15D, 197B(2)–(3), 210A), increasing interpretive and operational complexity.","Compensation and subrogation regime that links administrative errors to taxpayer exposure and to potential recovery actions against professionals (ss 192–196).","Transitional, amendment and repeal history embedded in the Act, requiring attention to commencement dates and amendment provisions (Part 12–15; various endnotes and amendment notes)."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes and governs a central land register kept by the Registrar‑General (s 6). The register records lots, registered interests and the instruments that create or affect them (ss 6, 30–31).\n- Makes registration the moment when most interests in land are created or transferred at law and fixes priority by lodging time (ss 173–181; ss 183–186). It creates an \"indefeasible title\" that is the definitive state of ownership recorded in the register (ss 39–41, 40, 188).\n- Sets formal requirements for instruments (forms, execution, consents, plans), allows electronic conveyancing under the national electronic law, and requires particular supporting steps for electronic documents (ss 7–15D; ss 15A–15D; s 153).\n- Confers broad administrative powers on the Registrar‑General: to demand fees, correct the register, hold inquiries, lodge or remove caveats, issue directions and set forms and procedures (ss 16, 17, 18, 20–26, 210; see also ss 14, 14A).\n- Regulates common dealings — transfers, leases, mortgages, easements, covenants, profits a prendre, subdivisions, unit‑title schemes and terminations — including requirements for registration, consents, priorities and procedures (Parts 4–6, 52–54G, 54B–54F, 54G).\n- Establishes procedural protections and remedies: caveat rules and lapsing (ss 137–146), inquiry and referral routes (ss 20–28), review rights to NTCAT for many Registrar‑General decisions (s 197J), and Supreme Court powers where fraud or competing claims arise (ss 190–191).\n- Provides a compensation regime where people suffer loss because of incorrect registration, error, fraud, loss or negligence in Land Titles Office operations; the Territory pays and may be subrogated to recover from responsible persons (ss 192–196).\n- Introduces identity‑verification and client‑authorisation obligations for parties and for legal practitioners and conveyancing agents who act on behalf of clients, together with record‑retention obligations and criminal penalties for non‑compliance (Part 10A: ss 197A–197H; cf. ss 78A, 81A on mortgage identity checks).\n- Binds the Crown to the Act and applies general criminal responsibility principles (ss 5, 5A).\n\nWho this affects\n\n- Private parties who own, buy, sell, mortgage, lease, subdivide or otherwise deal with land: proprietors, purchasers, mortgagees, lessees (many provisions across Parts 4–7).\n- Legal practitioners and conveyancing agents who prepare, lodge or execute instruments and who must obtain client authorisations and verify identity as required (ss 197B, 197G, 197H).\n- Lenders and transferees: original mortgagees and mortgage transferees carry express identity‑verification and record‑keeping duties (ss 78A, 81A).\n- The Registrar‑General and the Land Titles Office: considerable operational and discretionary functions (ss 6, 17, 210).\n- Government actors and agencies that can lodge memoranda or statutory notices (e.g. Ministers, local government bodies) and who receive information from the register under agreements (ss 34–36, 205).\n\nWhy it matters (tested against costs, incentives and trade‑offs)\n\n- Certainty and transaction speed: the register’s indefeasibility rule (s 188) concentrates legal certainty in the recorded title and makes reliance on the register feasible. That legal certainty is an incentive for market transactions and for third‑party financing, because priority is fixed by registration (ss 181, 183–186).\n- Administrative and compliance costs: the Act moves many procedural burdens onto private parties (forms, lodging, identity verification, consents, indemnities, fees). Examples include fees payable for searches and registration (ss 16, 32), verification and seven‑year record retention duties for mortgagees and transferees (ss 78A(7), 81A(6)), and retention of client authorisations (s 197H). Those costs fall on people who lodge instruments and on professionals who act for them (ss 155, 197G).\n- Concentrated benefits vs diffuse costs: registered proprietors get strong legal protection (s 188), a concentrated private benefit; costs of mistakes or system error are borne by the Territory under compensation provisions (ss 192–193), which creates potential fiscal exposure for the public purse while shifting transactional risk away from individual registered owners.\n- Bureaucratic discretion and implementation risk: the Registrar‑General has broad powers — to change the form of the register (s 6(3)–(4)), correct entries (s 17), require public notice (s 19), issue directions that bind practice (s 210) and to accept or reject electronic and non‑standard forms (ss 7–9, 14, 14A, 15A–15D). Those powers allow operational flexibility but concentrate decision‑making in the office (see ss 17, 210), which is a trade‑off between adaptive administration and potential variability in outcomes.\n- Technology dependency and transition risk: the Act incorporates electronic conveyancing (ss 15A–15D) and delegates procedural specifics to national participation rules and Registrar‑General rules (s 15D). That modernises conveyancing (potentially raising productivity) but introduces dependence on electronic systems, national rules and on the Registrar‑General’s published requirements (s 197B(2)–(3); s 210A).\n- Fraud prevention vs transactional friction: identity‑verification and client‑authorisation rules (ss 197B, 197C, 197G) create duties aimed at reducing fraudulent dealings and protecting owners, but raise compliance work for legal and conveyancing professionals and for lenders (ss 78A, 81A). Non‑compliance carries strict liability offences and financial penalties (e.g. ss 78A(4), 81A(4), 197G).\n- Remedies and incentives after error: the compensation and subrogation provisions (ss 192–196) provide a backstop where reliance on the register leads to loss, but subrogation also creates an incentive for the Territory to pursue recovery from professionals whose documents or conduct caused loss (s 196).\n\nConcrete who pays and who decides\n\n- Who pays: people searching or lodging documents pay prescribed fees (ss 16, 32); the Territory pays compensation for loss caused by registry error or official negligence (ss 192–193) and may recover sums by subrogation (s 196). Penalties (express monetary units) attach to breaches by practitioners, mortgagees and others (e.g. ss 78A(4), 81A(4), 197G).\n- Who decides: the Registrar‑General exercises day‑to‑day decision‑making (forms, registration, corrections, directions — ss 6, 14, 17, 210), the Minister retains specific powers (e.g. remove memorials — s 36, and directions — s 210(7)), NTCAT reviews many Registrar‑General decisions (s 197J) and the Supreme Court handles fraud, competing claims and orders for correction and compensation (ss 190–191, 194).\n\nKey implementation and compliance risks to note (source‑grounded)\n\n- Recordkeeping and identity verification duties are prescriptive and long‑running (seven‑year retention by mortgagees/transferees; ss 78A(7), 81A(6)). Failure carries strict liability and monetary penalties (ss 78A(4), 78A(8)–(10), 81A(4), 81A(7)–(9)).\n- The Registrar‑General’s broad correction and dispensing powers (s 17; s 162) may alter the register retrospectively, creating legal and practical consequences for parties who have relied on earlier entries (s 17(4)–(5)).\n- Electronic conveyancing is governed by national rules and Registrar‑General participation certification (ss 15B–15D), creating dependence on external participation rules for execution, certification and evidentiary weight (s 15D).\n\nOfficial rationale and the Act’s stated purposes\n\n- The Act’s stated object is to consolidate and reform land registration law and to simplify title, define rights, continue and improve registration systems, define Registrar‑General powers, facilitate access to land information and authorise information technology for the register (s 3). The mechanics above implement those purposes, with trade‑offs described in the previous section (notably administrative burdens, fees, Registrar‑General discretion, and the State’s compensation exposure)."}},"importantCases":[],"_links":{"self":"/api/acts/land-title-act-2000","history":"/api/acts/land-title-act-2000/history","analysis":"/api/acts/land-title-act-2000/analysis","conflicts":"/api/acts/land-title-act-2000/conflicts","importantCases":"/api/acts/land-title-act-2000/important-cases","documents":"/api/acts/land-title-act-2000/documents"}}