{"id":"tas:sr-2022-095","name":"Land Titles Regulations 2022","slug":"land-titles-regulations-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"95 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179502,"registerId":"tas-tas:sr-2022-095-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Land Titles Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-095) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 28 November 2022.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> \n> > ***Registry of Deeds*** means the Registry within the meaning of the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Bringing Land under the Act","content":"# Part 2 Bringing Land under the Act","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Applications under section 11 of Act","content":"### 4 Applications under section 11 of Act\n\n> An application under [section 11](/view/html/inforce/2026-04-12/act-1980-019#GS11@EN) of the Act has the effect of a statutory declaration made by the person signing the application.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Notice to be given in Registry of Deeds","content":"### 5 Notice to be given in Registry of Deeds\n\n> For the purposes of [section 29](/view/html/inforce/2026-04-12/act-1980-019#GS29@EN) of the Act, the Recorder is to enter in the relevant index, kept in the Registry of Deeds in accordance with the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) , the following:\n> \n> > > (a) the names of all legal owners of estates in land brought under the Act;\n> > \n> > > (b) the names of all known equitable owners of estates in land brought under the Act;\n> > \n> > > (c) the registered numbers of all registered documents under the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) from which title is derived;\n> > \n> > > (d) the locality of the land;\n> > \n> > > (e) the folio of the Register created by the Recorder for the land;\n> > \n> > > (f) any further particulars that the Recorder may determine.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Verbal descriptions","content":"### 6 Verbal descriptions\n\n> For the purposes of [section 32(6)(b)](/view/html/inforce/2026-04-12/act-1980-019#GS32@Gs6@Hpb@EN) of the Act, ***verbal description*** means a description by reference to –\n> \n> > > (a) the locality in which the land is situated, and such further description of the land (by reference to an assurance of that land registered in the Registry of Deeds or otherwise) as the Recorder requires to identify the land; or\n> > \n> > > (b) a plan of the land –\n> > > \n> > > > > (i) lodged as a plan in the Registry of Deeds; or\n> > > > \n> > > > > (ii) shown or drawn on a memorial, or photocopy of the assurance, registered in that Registry.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Register and Certificates of Title","content":"# Part 3 Register and Certificates of Title","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Folios of Register to be numbered","content":"### 7 Folios of Register to be numbered\n\n> The Recorder is to number each folio of the Register with a distinctive number.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Certificates of title","content":"### 8 Certificates of title\n\n> A certificate of title, if any, in respect of land –\n> \n> > > (a) is to bear the same number, or identifying mark, as the folio of the Register in respect of the land; and\n> > \n> > > (b) unless otherwise provided by an Act, may contain any of the relevant particulars in respect of the land, as determined by the Recorder, that are contained in the folio of the Register, in respect of the land, as at the date of preparation of the certificate of title.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Searches of public records","content":"### 9 Searches of public records\n\n> > (1)  For the purposes of [section 36(2)](/view/html/inforce/2026-04-12/act-1980-019#GS36@Gs2@EN) of the Act, information in a public record –\n> > \n> > > > (a) is available to a person in the prescribed manner if it is made available by the Recorder, at the office of the Recorder, as soon as is practicable, within the times prescribed in [paragraph (b)](#GS9@Gs1@Hpb@EN) , after the Recorder receives a request for the information from the person; and\n> > > \n> > > > (b) is available at the prescribed times if it is provided, at the office of the Recorder, on a day other than a Saturday, Sunday or statutory holiday, between the hours of 9 a.m. and 4 p.m. on that day.\n> \n> > (2)  For the avoidance of doubt, nothing in [subregulation (1)](#GS9@Gs1@EN) prevents information in a public record from being available for inspection outside of the days and times permitted under that subregulation –\n> > \n> > > > (a) as a result of a written request from a person that seeks to inspect the record; or\n> > > \n> > > > (b) on an internet site operated by, or on behalf of, the Department for the purpose of providing public access to that information.\n> \n> > (3)  In this regulation –\n> > \n> > > ***statutory holiday*** means a statutory holiday as defined in the [Statutory Holidays Act 2000](/view/html/inforce/2026-04-12/act-2000-096) .","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Copies of public records","content":"### 10 Copies of public records\n\n> In addition to [section 37](/view/html/inforce/2026-04-12/act-1980-019#GS37@EN) of the Act, information in a public record may be provided to a person in the form of a copy of the record that contains the information –\n> \n> > > (a) as a result of a written request from the person that seeks to inspect the record; or\n> > \n> > > (b) on an internet site operated by, or on behalf of, the Department for the purpose of providing public access to that information.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Registration","content":"# Part 4 Registration","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Interpretation of Part","content":"## Division 1 Interpretation of Part","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Interpretation","content":"### 11 Interpretation\n\n> > (1)  In this Part – \n> > \n> > > ***application*** means an application or request made to the Recorder under the Act.\n> \n> > (2)  For the avoidance of doubt, information or a document provided in addition to, or in support of, an application does not form part of the application for the purposes of this Part.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"General provisions as to dealings and applications","content":"## Division 2 General provisions as to dealings and applications","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Dealings and applications to be attested","content":"### 12 Dealings and applications to be attested\n\n> > (1)  A dealing lodged for registration under this Act is not required to be attested, as required by [section 48(1)](/view/html/inforce/2026-04-12/act-1980-019#GS48@Gs1@EN) of the Act, if –\n> > \n> > > > (a) the approved form of the dealing does not provide for attestation by a witness; or\n> > > \n> > > > (b) the Recorder otherwise dispenses with the attestation.\n> \n> > (2)  An application lodged for registration under the Act is not required to be attested if –\n> > \n> > > > (a) the approved form of the application does not provide for attestation by a witness; or\n> > > \n> > > > (b) the Recorder otherwise dispenses with the attestation.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"General requirements for dealings, applications and other information","content":"### 13 General requirements for dealings, applications and other information\n\n> > (1)  A dealing or application that is lodged for registration under the Act is to –\n> > \n> > > > (a) be printed on one side of each page only; and\n> > > \n> > > > (b) be printed on white paper that is A4 size paper and of at least 80 grams of substance per square metre; and\n> > > \n> > > > (c) be printed free from discolouration and blemishes; and\n> > > \n> > > > (d) be printed with margins not less than 10 millimetres, and not more than 20 millimetres, in width on each page; and\n> > > \n> > > > (e) be clear and legible, especially with regard to signatures, names, imprints of seals, dates and addresses; and\n> > > \n> > > > (f) be capable of being clearly reproduced by a photocopying process; and\n> > > \n> > > > (g) be printed so that each plan contained in the dealing or application, if any, is printed in black ink without colour or edging; and\n> > > \n> > > > (h) be an original dealing or application; and\n> > > \n> > > > (i) contain the full name, and the complete residential or the complete workplace address, of –\n> > > > \n> > > > > > (i) each witness to the dealing or application; and\n> > > > > \n> > > > > > (ii) all parties to the dealing or application; and\n> > > \n> > > > (j) be in the English language; and\n> > > \n> > > > (k) be printed in permanent black or blue ink; and\n> > > \n> > > > (l) have each page numbered to indicate the number of that page and the total number of pages lodged; and\n> > > \n> > > > (m) be dated.\n> \n> > (2)  For the avoidance of doubt, the requirements specified in [subregulation (1)](#GS13@Gs1@EN) apply to a dealing or application lodged in electronic format if the requirement is relevant to that electronic format.\n> \n> > (3)  Information which is lodged in addition to, or in support of, a dealing or application, must –\n> > \n> > > > (a) be the same size as that dealing or application; and\n> > > \n> > > > (b) if referred to in the dealing or application, be clearly identifiable as the information referred to in the dealing or application; and\n> > > \n> > > > (c) if the information is lodged in paper format, be stapled to the dealing or application; and\n> > > \n> > > > (d) if the information is a copy of a document, comply with the requirements under the Act in relation to an office copy; and\n> > > \n> > > > (e) comply with the relevant requirements specified in [subregulation (1)](#GS13@Gs1@EN) .\n> \n> > (4)  Despite [subregulations (1)](#GS13@Gs1@EN) and [(3)](#GS13@Gs3@EN) , nothing in this regulation prevents the Recorder from accepting a dealing, application or other information that does not comply with the requirements of this regulation.\n> \n> > (5)  In this regulation –\n> > \n> > > ***photocopying process*** has the same meaning as in [section 37(3)](/view/html/inforce/2026-04-12/act-1980-019#GS37@Gs3@EN) of the Act;\n> > \n> > > ***printed***, in relation to a dealing or application, includes the ability to print the dealing, application or document.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Dealings, &c., not written in English language","content":"### 14 Dealings, &c., not written in English language\n\n> > (1)  In this regulation, a reference to a dealing or an application includes a reference to all information and documents provided in addition to, or in support of, the dealing or application.\n> \n> > (2)  If the Recorder accepts a dealing or application that is written in a language other than the English language, the Recorder may require that the dealing or application be accompanied by – \n> > \n> > > > (a) a full written translation, of the dealing or application, in English that has been – \n> > > > \n> > > > > > (i) made by a person who the Recorder is satisfied is suitably qualified to provide such a translation; and\n> > > > > \n> > > > > > (ii) certified, in a form approved by the Recorder or otherwise to the satisfaction of the Recorder, by the person who translated it, to be an accurate and complete translation of the dealing or application; and\n> > > \n> > > > (b) all other information that the Recorder, in the Recorder’s discretion, requires in respect of the dealing or application.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Alteration to dealings and applications","content":"### 15 Alteration to dealings and applications\n\n> > (1)  This regulation applies to a dealing or application, whether or not the dealing or application has been lodged for registration.\n> \n> > (2)  An alteration to a dealing or application must –\n> > \n> > > > (a) be initialled, and the date on which the initialling occurs must be added next to the initialling, by or on behalf of each signatory to the dealing or application; and\n> > > \n> > > > (b) comply with the relevant requirements specified in [regulation 13](#GS13@EN) , for a dealing or application; and\n> > > \n> > > > (c) if the alteration is to remove a word contained in the dealing or application, be made by striking through the word or words to be removed in such a manner as not to render the original word or words illegible; and\n> > > \n> > > > (d) if the alteration is to add a word to the dealing or application, be made in a manner that ensures that – \n> > > > \n> > > > > > (i) the word is clear and legible; and\n> > > > > \n> > > > > > (ii) the placement of that word in the dealing, or application, so altered is clear and legible; and\n> > > \n> > > > (e) not be made by rubbing, scraping or cutting the surface of the dealing or application, or obscuring any word on the dealing or application by any paint or other material.\n> \n> > (3)  If an alteration to a dealing or application is made under [subregulation (2)](#GS15@Gs2@EN) by a person on behalf of a signatory to the dealing or application –\n> > \n> > > > (a) the person –\n> > > > \n> > > > > > (i) must state, in writing, on the dealing or application, the person’s name and the capacity in which the person is acting on behalf of the signatory; and\n> > > > > \n> > > > > > (ii) in initialling the amended dealing or application in accordance with [subregulation (2)(a)](#GS15@Gs2@Hpa@EN) , is taken to be representing that the person has full legal authority to do so on behalf of the signatory; and\n> > > \n> > > > (b) the Recorder may rely on the representation, referred to in [paragraph (a)(ii)](#GS15@Gs3@Hpa@Hqii@EN) , without making any further enquiry, that the person has full legal authority to date and initial the amended dealing, or application, on behalf of the signatory.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Execution and lodgment of instruments under section 49(2) of Act","content":"### 16 Execution and lodgment of instruments under section 49(2) of Act\n\n> > (1)  For [section 49(2)](/view/html/inforce/2026-04-12/act-1980-019#GS49@Gs2@EN) of the Act, a person who is not yet registered as proprietor of the land may, subject to [subregulation (2)](#GS16@Gs2@EN) , execute and lodge for registration under the Act, instruments dealing with the land in the same manner as the registered proprietor of the land could execute and lodge instruments for registration.\n> \n> > (2)  Except with the approval of the Recorder, not more than one transfer, nor more than one transfer by way of assent followed by a transfer, affecting the same folio of the Register or registered dealing may be lodged for registration in accordance with [section 49(2)](/view/html/inforce/2026-04-12/act-1980-019#GS49@Gs2@EN) of the Act.\n> \n> > (3)  A person who lodges an instrument for registration in accordance with [section 49(2)](/view/html/inforce/2026-04-12/act-1980-019#GS49@Gs2@EN) of the Act must ensure that the certificate of title or duplicate registered dealing, if any, that has been issued by the Recorder and that is affected by the instrument is provided to the Recorder for the registration of the instrument.\n> \n> > (4)  The Recorder must not register an instrument lodged in accordance with [section 49(2)](/view/html/inforce/2026-04-12/act-1980-019#GS49@Gs2@EN) of the Act, until –\n> > \n> > > > (a) subject to paragraph (b), the person executing the instrument has been registered as proprietor of the land to which the instrument relates; or\n> > > \n> > > > (b) in the case of transmission, the person, to whom the estate or interest is being transmitted, has been registered as proprietor of the land to which the instrument relates; or\n> > > \n> > > > (c) the right of the person, referred to in [paragraph (a)](#GS16@Gs4@Hpa@EN) or [(b)](#GS16@Gs4@Hpb@EN) , to be registered as proprietor of the land to which the instrument relates has been proved to the satisfaction of the Recorder.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Incorporation of provisions into dealings by reference to filed memorandums","content":"### 17 Incorporation of provisions into dealings by reference to filed memorandums\n\n> > (1)  A person who wishes to incorporate the same provisions into more than one dealing may –\n> > \n> > > > (a) lodge with the Recorder a memorandum containing those provisions; and\n> > > \n> > > > (b) incorporate those provisions into the dealings by appropriate words in the dealings, referring to the distinguishing number, or letter and number, allocated to the memorandum in accordance with [subregulation (2)](#GS17@Gs2@EN) .\n> \n> > (2)  Where a memorandum is lodged with the Recorder under [subregulation (1)](#GS17@Gs1@EN) , the Recorder is to number the memorandum with a distinctive number, or letter and number, and the memorandum is taken to be a public record for the purposes of the Act.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"Lodgment of dealings and applications","content":"## Division 3 Lodgment of dealings and applications","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"General lodgment requirements","content":"### 18 General lodgment requirements\n\n> Unless otherwise specified in another Act, a dealing or application for registration under the Act is to be lodged singly.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Procedures","content":"### 19 Procedures\n\n> > (1)  A dealing or application that is presented for lodgment must be accompanied by –\n> > \n> > > > (a) a request made to the Recorder to register, or otherwise deal with, the dealing or application; and\n> > > \n> > > > (b) the relevant fee prescribed for that dealing or application, except where otherwise authorised by the Recorder.\n> \n> > (2)  For the purposes of [subregulation (1)(a)](#GS19@Gs1@Hpa@EN) , a request must be made, in a clear and legible manner, on a form approved by the Recorder.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Recorder may refuse to accept dealings or applications in certain cases","content":"### 20 Recorder may refuse to accept dealings or applications in certain cases\n\n> > (1)  The Recorder may refuse to accept a dealing or application for lodgment that –\n> > \n> > > > (a) does not comply in all respects with the requirements of the Act; or\n> > > \n> > > > (b) does not comply with the requirements within another Act that apply to the dealing or application, or transaction to which the dealing or application relates; or\n> > > \n> > > > (c) appears to the Recorder to form part of a transaction that is the result of, or would result in, fraud or improper dealing; or\n> > > \n> > > > (d) requires a recording to be made on a certificate of title or duplicate registered dealing that is not immediately available to the Recorder for that purpose; or\n> > > \n> > > > (e) is not accompanied by writing that is required by law, or is reasonably required by the Recorder, to be lodged with that dealing; or\n> > > \n> > > > (f) defines land by reference to a sealed plan that has not taken effect in accordance with [Division 4 of Part 3](/view/html/inforce/2026-04-12/act-1993-096#HP3@HD4@EN) , or [section 112](/view/html/inforce/2026-04-12/act-1993-096#GS112@EN) of the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) ; or\n> > > \n> > > > (g) refers to a lot on an unregistered strata plan.\n> \n> > (2)  [Subregulation (1)(d)](#GS20@Gs1@Hpd@EN) and [(e)](#GS20@Gs1@Hpe@EN) do not apply where a dealing or application is accompanied by –\n> > \n> > > > (a) an application to the Recorder under [section 35](/view/html/inforce/2026-04-12/act-1980-019#GS35@EN) of the Act in respect of a certificate of title or duplicate registered dealing that has been lost, mislaid or destroyed; or\n> > > \n> > > > (b) a request for the Recorder to use the Recorder’s discretion under [section 160(5)](/view/html/inforce/2026-04-12/act-1980-019#GS160@Gs5@EN) of the Act to dispense with –\n> > > > \n> > > > > > (i) the production of the certificate of title referred to in [paragraph (a)](#GS20@Gs2@Hpa@EN) ; or\n> > > > > \n> > > > > > (ii) the production of the duplicate registered dealing referred to in [paragraph (a)](#GS20@Gs2@Hpa@EN) ; or\n> > > \n> > > > (c) a request for the Recorder to call in the certificate of title or duplicate registered dealing that, to the satisfaction of the Recorder, falls under [section 163](/view/html/inforce/2026-04-12/act-1980-019#GS163@EN) of the Act.\n> \n> > (3)  For the avoidance of doubt, if the Recorder accepts a dealing, or application, for lodgment, that may be refused by the Recorder under [subregulation (1)](#GS20@Gs1@EN)  –\n> > \n> > > > (a) the acceptance of the dealing or application does not mean that the dealing or application is in accordance with the Act for the purposes of registration; and\n> > > \n> > > > (b) [section 50](/view/html/inforce/2026-04-12/act-1980-019#GS50@EN) of the Act still applies in respect of the dealing or application.","sortOrder":26},{"sectionNumber":"Division 4","sectionType":"division","heading":"Provisions as to registration","content":"## Division 4 Provisions as to registration","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Notification of priority notices","content":"### 21 Notification of priority notices\n\n> If a priority notice is lodged in accordance with the Act, the Recorder must ensure that the particulars of that priority notice so lodged are included in a search, under the Act, of the folios of the register that are affected by the notice.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Prescribed period for purposes of section 52(2)(b) of Act","content":"### 22 Prescribed period for purposes of section 52(2)(b) of Act\n\n> For the purposes of [section 52(2)(b)](/view/html/inforce/2026-04-12/act-1980-019#GS52@Gs2@Hpb@EN) of the Act, the period of 90 days is prescribed.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Prescribed circumstances under sections 52(7)(b) and 137(2)(b)(iii) of Act","content":"### 23 Prescribed circumstances under sections 52(7)(b) and 137(2)(b)(iii) of Act\n\n> For [sections 52(7)(b)](/view/html/inforce/2026-04-12/act-1980-019#GS52@Gs7@Hpb@EN) and [137(2)(b)(iii)](/view/html/inforce/2026-04-12/act-1980-019#GS137@Gs2@Hpb@Hqiii@EN) of the Act, a prescribed circumstance is the entry by the Director of Housing into a hiring agreement under [section 37D of the](/view/html/inforce/2026-04-12/act-1935-098#GS37D@EN) [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) or under [section 97 of the](/view/html/inforce/2026-04-12/act-2022-025#GS97@EN) [Homes Tasmania Act 2022](/view/html/inforce/2026-04-12/act-2022-025) .","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Recording of re-entry by lessors","content":"### 24 Recording of re-entry by lessors\n\n> For [section 68(1)](/view/html/inforce/2026-04-12/act-1980-019#GS68@Gs1@EN) of the Act, the Recorder is to record a re-entry by the lessor on the folio of the Register evidencing the title to the reversion expectant on the lease.","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Forms approved by Recorder","content":"### 25 Forms approved by Recorder\n\n> > (1)  A dealing or application to be lodged under the Act must be made, for that dealing or application –\n> > \n> > > > (a) in an approved form; or\n> > > \n> > > > (b) if no form is approved for the dealing or application under section 169A of the Act, in a form approved, from time to time, by the Recorder.\n> \n> > (2)  For the avoidance of doubt –\n> > \n> > > > (a) except as authorised by the Recorder, a reference to an approved form, or form approved by the Recorder, in [subregulation (1)](#GS25@Gs1@EN) does not include a reference to that form, or a version of that form, if it has been materially altered or amended before being lodged under the Act; and\n> > > \n> > > > (b) an approved form or form approved by the Recorder, as referred to in [subregulation (1)](#GS25@Gs1@EN) , does not have enduring approval for the purposes of the Act.\n> \n> > (3)  A consent to the recording of a highway under [section 112(2)](/view/html/inforce/2026-04-12/act-1980-019#GS112@Gs2@EN) of the Act must be made in a form approved, from time to time, by the Recorder.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Privately printed forms","content":"### 26 Privately printed forms\n\n> > (1)  A person is not to print a form, that is approved in accordance with section [section 169A(8)(a)](/view/html/inforce/2026-04-12/act-1980-019#GS169A@Gs8@Hpa@EN) of the Act, for use by the person under the Act unless that person is authorised by the Recorder under [section 169A(8)(b)](/view/html/inforce/2026-04-12/act-1980-019#GS169A@Gs8@Hpb@EN) of the Act.\n> \n> > (2)  For the avoidance of doubt, [subregulation (1)](#GS26@Gs1@EN) does not apply to the use of a form in a format that is published on a website operated by, or on behalf of, the Department.\n> \n> > (3)  The Recorder's authorisation for a person to use a form, as referred to in [subregulation (1)](#GS26@Gs1@EN) , may be subject to a condition that the Recorder may withdraw, by written notice, that authorisation after such period as may be fixed when the authorisation is given, being a period of not less than 12 months after the date of authorisation.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Notice in Registry of Deeds under section 126(5) of Act","content":"### 27 Notice in Registry of Deeds under section 126(5) of Act\n\n> For [section 126(5)](/view/html/inforce/2026-04-12/act-1980-019#GS126@Gs5@EN) of the Act, the Recorder is to give notice in the Registry of Deeds, that land has been brought under the Act, in the manner prescribed by [regulation 5](#GS5@EN) .","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Lodgment of plans","content":"### 28 Lodgment of plans\n\n> A map or plan required to be lodged or deposited with the Recorder under any Act is to be lodged in the manner prescribed by [regulation 19](#GS19@EN) as if it were a dealing.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Instruments made in exercise of power of attorney","content":"### 29 Instruments made in exercise of power of attorney\n\n> > (1)  If a dealing, application or instrument is made, or appears to be made, in the exercise of a power of attorney, the Recorder may register the dealing, application or instrument if the attestation clause in it contains a declaration –\n> > \n> > > > (a) if the donee of the power is an individual, other than a corporation, that the donee has not received notice of revocation of the power; or\n> > > \n> > > > (b) if the donee of the power is a corporation, that the individual executing the dealing, application or instrument has not received notice of revocation of the power.\n> \n> > (2)  If the attestation clause referred to in [subregulation (1)](#GS29@Gs1@EN) does not contain a declaration in accordance with that subregulation, a declaration to that effect is to be lodged with the Recorder in the approved form.\n> \n> > (3)  A declaration under [subregulation (2)](#GS29@Gs2@EN) is to be made –\n> > \n> > > > (a) if the donee of the power is an individual, by the donee; or\n> > > \n> > > > (b) if the donee of the power is a corporation, by at least one individual executing the dealing, application or instrument.\n> \n> > (4)  A person must not make a declaration under this regulation that is false or misleading.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 23 November 2022\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":37}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"These regulations implement and elaborate procedural detail for the Land Titles Act rather than materially expanding its substantive scope. They prescribe document formats, lodgment processes, indexing and search procedures, limited prescribed periods and circumstances, and administrative discretions for the Recorder. They do not introduce new categories of rights in land or broaden the types of registrable interests beyond the Act; rather, they operationalise the Act's provisions and set administrative requirements and penalties necessary for implementation."},"complexity_factors":["Mostly procedural and prescriptive rather than conceptually novel","Limited number of defined terms in reg 3 plus a few internal definitions (e.g. \"statutory holiday\", \"photocopying process\")","Multiple cross‑references to the Land Titles Act 1980 and to other Acts (Registration of Deeds Act 1935, Statutory Holidays Act 2000, Homes Act 1935, Homes Tasmania Act 2022), increasing navigational steps for users","Detailed checklist-style requirements in regulation 13 (14 discrete formatting and content items) that create many small compliance points","Several discretionary carve-outs where the Recorder may dispense with formalities (regs 12, 13(4), 16(2)–(4), 20), producing conditional logic","Nested exceptions in reg 20 (grounds for refusal with listed exceptions in subreg 2)","Specific procedural rules for alterations, translations and power-of-attorney declarations (regs 14–15, 29) adding targeted operational conditions","A prescribed time period (90 days) and specific prescribed circumstance (reg 22–23) that affect limited substantive outcomes","Small criminal/penalty provision (reg 29(4)) introduces enforcement consequence"],"plain_english_summary":"**What these regulations do (mechanics)\n\n- Set detailed, operational rules for how land is brought under, recorded and dealt with under the Land Titles Act 1980 (the Act). They sit under the Act and specify formats, lodgment procedures, indexing, searches, forms and some time periods. (See regs 4–29.)\n\n- Require the Recorder to index particulars about land brought under the Act in the Registry of Deeds (names of legal and known equitable owners, source documents, locality, folio number and any further particulars) (reg 5).\n\n- Define what counts as a \"verbal description\" for identifying land (either locality plus required identifying detail, or a lodged plan or plan shown on an assurance) (reg 6).\n\n- Require each folio of the Register to be given a distinctive number and link certificates of title to that folio number (regs 7–8).\n\n- Set how and when members of the public can inspect and obtain copies of public records (office hours, internet access and written requests), and define \"statutory holiday\" for those purposes (reg 9–10).\n\n- Specify what counts as an application for Part 4 purposes, and that supporting documents are not treated as part of the application (reg 11).\n\n- Prescribe when witnessing/attestation may be dispensed with (either where an approved form does not require it, or by Recorder dispensation) (reg 12).\n\n- Prescribe detailed physical and presentation requirements for dealings and applications (paper size and weight, single-sided printing, margins, legibility, ink colour, pagination, originals, language, signature/address details, black-and-white plans, numbering, dating) and make these requirements relevant to electronic lodging where applicable (reg 13).\n\n- Allow the Recorder to require certified English translations if a dealing or application is lodged in another language (reg 14).\n\n- Set rules for making and certifying alterations to lodged documents (initialling, dating, manner of striking out or adding text and representative capacity statements where done by agents) (reg 15).\n\n- Allow persons not yet registered as proprietor to execute and lodge instruments in certain circumstances, subject to limits (e.g. usually no more than one transfer affecting the same folio without Recorder approval) and to proof before registration (reg 16).\n\n- Allow recurring provisions to be lodged once as a numbered memorandum and incorporated by reference into multiple dealings (reg 17).\n\n- Require most dealings/applications to be lodged singly, to be accompanied by a request on a Recorder-approved form and payment of the relevant fee (regs 18–19).\n\n- Give the Recorder power to refuse to accept for lodgment dealings or applications that fail statutory requirements, appear to be fraudulent or depend on unavailable titles/registered dealings, or refer to unregistered strata lots or unsealed plans, subject to listed exceptions (reg 20).\n\n- Require priority notices to be visible on searches affecting affected folios (reg 21) and prescribe a 90-day period for a specific priority-related provision of the Act (reg 22).\n\n- Prescribe a particular circumstance relevant to specified cancellation/priority provisions where the Director of Housing has entered into particular hiring agreements (reg 23).\n\n- Require the Recorder to note a lessor's re-entry on the relevant folio (reg 24).\n\n- Require approved forms for dealings and applications (or forms approved by the Recorder where none are approved under the Act), and restrict privately printed use of certain approved forms unless authorised by the Recorder (regs 25–26).\n\n- Prescribe that the Recorder must give notice in the Registry of Deeds when land is brought under the Act in the manner set out in reg 5 (reg 27), and treat lodged maps/plans as if they were dealings for lodgment purposes (reg 28).\n\n- Allow recording and registration of instruments executed under power of attorney on the basis of a prescribed attestation declaration or an approved-form declaration, and make knowingly false declarations an offence punishable by a fine of up to 10 penalty units (reg 29).\n\n\nWho this affects\n\n- Primary: people and entities lodging dealings or applications under the Land Titles Act — landowners, buyers, transferees, mortgagees, executors, conveyancers, solicitors, surveyors and private parties involved in land transactions.\n- Administrative: the Recorder and staff who operate the Register and the Registry of Deeds, and the Department that maintains any public internet access to records.\n- Secondary: persons who inspect or obtain copies of public records (developers, lenders, prospective purchasers, members of the public) and parties preparing recurring contractual provisions (who may use memorandums under reg 17).\n\n\nWhy it matters (purpose claims, tested against effects)\n\n- The instrument organizes operational detail that the Act leaves to regulation: it aims to create consistent indexing, document standards and lodgment procedures so the Recorder can process land transactions efficiently (see regs 5, 13, 19, 25). That is the stated administrative purpose; the regulations achieve it by imposing formatting and lodgment rules.\n\n- Costs and compliance burdens fall mainly on applicants and practitioners: strict paper and presentation requirements (reg 13), original-document production (reg 16(3)), translation and certification where documents are not in English (reg 14), and limits on privately printing approved forms (reg 26) all create time and expense for parties preparing lodgments.\n\n- The Recorder holds broad operational discretion to accept non-complying documents, dispense with attestation, waive production of titles in certain cases, and authorise private printing (regs 12, 13(4), 16(2)–(4), 25–26). That gives administrative flexibility to reduce delays but concentrates decision-making with the Recorder and creates potential variance in treatment across cases (see regs 12, 20, 29(1)–(3)).\n\n- Several provisions reduce specific legal risk or prevent obvious abuses: limiting multiple competing transfers for the same folio (reg 16(2)), requiring priority notices to be searchable (reg 21) and authorising the Recorder to refuse lodgment where fraud or improper dealing is apparent (reg 20(1)(c)). Those measures change incentives for timing and sequencing of transactions.\n\n- The 90‑day prescription for a priority-related Act provision (reg 22) and the prescribed circumstance involving the Director of Housing (reg 23) are specific legal settings that directly affect certain classes of transactions (priority notices and public housing interests). These are narrow, targeted prescriptions rather than broad new powers.\n\n- Accessibility: office-hours inspection times are prescribed (reg 9(1)(b)), but the regulations explicitly allow inspections by written request outside those times and publication on an internet site (reg 9(2)). That reduces the practical constraint of office hours where electronic access is provided.\n\n\nImplementation risks and trade-offs (practical)\n\n- The regulations reduce ambiguity by setting many documentary standards, but they increase front-end compliance work for private parties (paper quality, legibility, certified translations, original titles). This shifts administrative costs to users rather than to the Registrar.\n\n- Recorder discretion is a safety valve that mitigates rigid compliance rules, but reliance on discretion can produce inconsistent outcomes and creates some administrative decision-making risk.\n\n- Restrictions on privately printed approved forms (reg 26) limit the range of self-prepared forms; the regulation recognises website-hosted formats remain usable (reg 26(2)), so web publishing is the allowed route for broader public access.\n\n- The false-declaration offence for power-of-attorney declarations (reg 29(4)) creates a direct legal sanction to deter misuse of powers of attorney; it imposes a measurable legal risk on donees and executants.\n\n\nKey sections to refer to for practitioners: regs 5 (indexing), 13 (document presentation rules), 16 (execution/lodgment before registration), 19–20 (lodgment and refusal), 21–23 (priority/periods), 25–26 (forms), 29 (powers of attorney and penalties)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited content available (status and header information only), there is no evidence that the scope of these regulations changed from their original intent. They appear to be a standard remake or update of land titles procedural regulations operating within the established Torrens title framework in Tasmania."},"complexity_factors":["Subordinate legislation (regulations) that must be read alongside the parent Land Titles Act, requiring knowledge of two instruments","Technical property law concepts such as caveats, indefeasibility, and torrens title system that require explanation","Procedural and administrative detail typical of regulations can be dense and form-heavy","Limited content was provided — only status/header information — making full assessment of complexity impossible","Tasmanian-specific rules may differ from other Australian jurisdictions, creating confusion for interstate parties"],"plain_english_summary":"These regulations set out the procedural and administrative rules that govern how land ownership is registered, transferred and managed in Tasmania, including required forms, fees, technical document standards and dealings like mortgages and caveats. They affect anyone involved in Tasmanian property—buyers, sellers, homeowners, conveyancers, lenders, surveyors and developers—and matter because they control the paperwork and processes that can delay or complicate transactions if not followed."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose of operationalising the *Land Titles Act 1980*. The content covers registration procedures, form requirements, and administrative mechanics—exactly what subordinate legislation should address. There is no evidence of scope creep into substantive property law or unrelated policy areas."},"complexity_factors":["Moderate length (29 regulations across 5 Parts) but highly procedural rather than conceptual","Extensive cross-referencing to the parent Act (*Land Titles Act 1980*) and other legislation (*Registration of Deeds Act 1935*, *Homes Act 1935*, *Local Government (Building and Miscellaneous Provisions) Act 1993*)","Detailed technical specifications in regulation 13 (paper weight, margins, ink colour, page numbering) that create prescriptive compliance burdens","Nested conditional logic in regulation 20 (refusal grounds) with exceptions in subregulation 20(2) that themselves contain nested sub-paragraphs","Multiple 'for the avoidance of doubt' clauses that add interpretive layers rather than simplify","Regulation 16 contains sequential conditions (subregulations 4(a), (b), (c)) that must be read together to understand registration timing","Defined terms limited to 3 in regulation 3, plus 2 in regulation 9(3) and 2 in regulation 13(5), but heavy reliance on undefined technical terms from the parent Act ('folio', 'dealing', 'assent', 'reversion expectant')"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how land titles are registered and managed in Tasmania under the *Land Titles Act 1980*. They cover everything from how to fill out forms to how the Recorder of Titles must keep records.\n\n**Key things it covers:**\n\n- **Bringing land into the system** (Part 2): When land is transferred from the old paper-based *Registry of Deeds* to the modern electronic *Land Titles Register*, these rules say what information must be recorded and how land can be described if there's no formal survey plan.\n\n- **The Register and searching it** (Part 3): The Recorder must number each land title folio (a page in the register) and can issue certificates of title. It also sets office hours for public searches (9am–4pm weekdays) and allows online access.\n\n- **Registration requirements** (Part 4): This is the bulk of the regulations. It specifies:\n  - **Paper rules**: Documents must be A4, white, single-sided, with 10–20mm margins, printed in black or blue ink, and clearly legible\n  - **Attestation**: When documents need witnessing and when the Recorder can waive this\n  - **Alterations**: How to properly cross out mistakes (initial and date next to changes, never use correction fluid or scrape the paper)\n  - **Lodgment**: Documents must be lodged one at a time, with fees and proper requests\n  - **Refusals**: The Recorder can reject documents that don't comply, appear fraudulent, or rely on plans that aren't yet registered\n  - **Priority notices**: These must show up in title searches\n\n- **Miscellaneous** (Part 5): Rules about approved forms, powers of attorney, and how to lodge maps.\n\n**Who it affects:**\n\n- Anyone buying, selling, or transferring property in Tasmania\n- Lawyers, conveyancers, and surveyors who prepare land dealings\n- The Recorder of Titles and their staff\n- People using powers of attorney for property transactions\n\n**Why it matters:**\n\nThese rules ensure land ownership records are accurate, consistent, and fraud-resistant. If you don't follow the formatting and procedural requirements, your property transfer could be rejected or delayed. The regulations also bridge the old paper-based system (Registry of Deeds) with the modern electronic register, ensuring historical land records remain traceable."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/land-titles-regulations-2022","history":"/api/acts/land-titles-regulations-2022/history","analysis":"/api/acts/land-titles-regulations-2022/analysis","conflicts":"/api/acts/land-titles-regulations-2022/conflicts","importantCases":"/api/acts/land-titles-regulations-2022/important-cases","documents":"/api/acts/land-titles-regulations-2022/documents"}}