QLDIn ForceAct
Land Act 1994
sec.315Destroying document in certain circumstances
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### sec.315 Destroying document in certain circumstances
The registrar of titles may destroy part of a register or a document held in the land registry if the part or the document—
is not evidence of an existing interest; or
is evidence of an existing interest for which there is accurate evidence in another part of the register; or
will not be needed for registering the effect of a transaction.
The registrar of titles may authorise a person to destroy a document held in a place other than an office of the department if the document—
was lodged at the place for evidencing, in the land registry, an interest; and
is evidence of an existing interest for which there is accurate evidence in the land registry.
Before destroying part of a register or a document under subsection (1) , the registrar of titles must copy it in whatever way the registrar considers appropriate.
However, the registrar of titles, or person acting under an authority given under subsection (2) , must not destroy an original will.
The registrar of titles may return a suitably perforated cancelled tenure document to the person who, immediately before its cancellation, was entitled to it.
The registrar of titles’ powers under subsections (1) and (2) are subject to the Public Records Act 2023 .
s 315 amd 2002 No. 11 s 62 sch 1 ; 2003 No. 6 s 139 ; 2021 No. 12 s 148 sch 3 ; 2023 No. 33 s 107 sch 4
(sec.315-ssec.1) The registrar of titles may destroy part of a register or a document held in the land registry if the part or the document— is not evidence of an existing interest; or is evidence of an existing interest for which there is accurate evidence in another part of the register; or will not be needed for registering the effect of a transaction.
(sec.315-ssec.2) The registrar of titles may authorise a person to destroy a document held in a place other than an office of the department if the document— was lodged at the place for evidencing, in the land registry, an interest; and is evidence of an existing interest for which there is accurate evidence in the land registry.
(sec.315-ssec.3) Before destroying part of a register or a document under subsection (1) , the registrar of titles must copy it in whatever way the registrar considers appropriate.
(sec.315-ssec.4) However, the registrar of titles, or person acting under an authority given under subsection (2) , must not destroy an original will.
(sec.315-ssec.5) The registrar of titles may return a suitably perforated cancelled tenure document to the person who, immediately before its cancellation, was entitled to it.
(sec.315-ssec.6) The registrar of titles’ powers under subsections (1) and (2) are subject to the Public Records Act 2023 .
- (a) is not evidence of an existing interest; or
- (b) is evidence of an existing interest for which there is accurate evidence in another part of the register; or
- (c) will not be needed for registering the effect of a transaction.
- (a) was lodged at the place for evidencing, in the land registry, an interest; and
- (b) is evidence of an existing interest for which there is accurate evidence in the land registry.