sec.389LRegistrar of titles may prepare and register caveat

### sec.389L Registrar of titles may prepare and register caveat The registrar of titles may prepare and register a caveat over a relevant tenure in favour of the State. The registrar of titles may act under subsection (1) to prevent a dealing with a relevant tenure that may prejudice— the Commonwealth, a State or a relevant local government; or a person who is intellectually or mentally impaired or is incapable of managing the person’s own affairs; or a person who is absent from the State; or a person because of— misdescription of the tenure; or fraud or forgery; or a person to whom a notice has been given, or has been required to be given, under section 295 (2) ; or a person, other than a person mentioned in any of paragraphs (a) to (e) , who has an interest in the relevant tenure. Also, the registrar of titles may act under subsection (1) to prevent a dealing with a relevant tenure— if the relevant tenure is to be extinguished; or to give effect to an order of a court of competent jurisdiction directed to the registrar. Subsection (2) (f) applies only if the registrar of titles is satisfied, because of the nature or urgency of particular circumstances, there is no practicable alternative to registering the caveat. In this section— dealing , with a relevant tenure, does not include registering a document to extinguish a relevant tenure. extinguish means extinguish for the purposes of— for a freeholding lease—an amalgamation, forfeiture, resumption, subdivision or surrender of, or the registration of a deed of grant over, the lease land; or for a lease other than a freeholding lease—an amalgamation, conversion, forfeiture, renewal, resumption, subdivision or surrender of the lease; or for a licence—a cancellation or surrender of the licence; or for an operational reserve or a part of an operational reserve—the registration of a deed of grant over the reserve or part; or for a reserve other than an operational reserve—the revocation of the dedication of the reserve. relevant tenure means— a lease; or a licence; or an operational reserve or a part of an operational reserve; or a reserve other than an operational reserve. s 389L ins 2007 No. 19 s 179 amd 2021 No. 12 s 87 ; 2024 No. 12 s 64 (sec.389L-ssec.1) The registrar of titles may prepare and register a caveat over a relevant tenure in favour of the State. (sec.389L-ssec.2) The registrar of titles may act under subsection (1) to prevent a dealing with a relevant tenure that may prejudice— the Commonwealth, a State or a relevant local government; or a person who is intellectually or mentally impaired or is incapable of managing the person’s own affairs; or a person who is absent from the State; or a person because of— misdescription of the tenure; or fraud or forgery; or a person to whom a notice has been given, or has been required to be given, under section 295 (2) ; or a person, other than a person mentioned in any of paragraphs (a) to (e) , who has an interest in the relevant tenure. (sec.389L-ssec.3) Also, the registrar of titles may act under subsection (1) to prevent a dealing with a relevant tenure— if the relevant tenure is to be extinguished; or to give effect to an order of a court of competent jurisdiction directed to the registrar. (sec.389L-ssec.4) Subsection (2) (f) applies only if the registrar of titles is satisfied, because of the nature or urgency of particular circumstances, there is no practicable alternative to registering the caveat. (sec.389L-ssec.5) In this section— dealing , with a relevant tenure, does not include registering a document to extinguish a relevant tenure. extinguish means extinguish for the purposes of— for a freeholding lease—an amalgamation, forfeiture, resumption, subdivision or surrender of, or the registration of a deed of grant over, the lease land; or for a lease other than a freeholding lease—an amalgamation, conversion, forfeiture, renewal, resumption, subdivision or surrender of the lease; or for a licence—a cancellation or surrender of the licence; or for an operational reserve or a part of an operational reserve—the registration of a deed of grant over the reserve or part; or for a reserve other than an operational reserve—the revocation of the dedication of the reserve. relevant tenure means— a lease; or a licence; or an operational reserve or a part of an operational reserve; or a reserve other than an operational reserve. - (a) the Commonwealth, a State or a relevant local government; or - (b) a person who is intellectually or mentally impaired or is incapable of managing the person’s own affairs; or - (c) a person who is absent from the State; or - (d) a person because of— (i) misdescription of the tenure; or (ii) fraud or forgery; or - (i) misdescription of the tenure; or - (ii) fraud or forgery; or - (e) a person to whom a notice has been given, or has been required to be given, under section 295 (2) ; or - (f) a person, other than a person mentioned in any of paragraphs (a) to (e) , who has an interest in the relevant tenure. - (i) misdescription of the tenure; or - (ii) fraud or forgery; or - (a) if the relevant tenure is to be extinguished; or - (b) to give effect to an order of a court of competent jurisdiction directed to the registrar. - (a) for a freeholding lease—an amalgamation, forfeiture, resumption, subdivision or surrender of, or the registration of a deed of grant over, the lease land; or - (b) for a lease other than a freeholding lease—an amalgamation, conversion, forfeiture, renewal, resumption, subdivision or surrender of the lease; or - (c) for a licence—a cancellation or surrender of the licence; or - (d) for an operational reserve or a part of an operational reserve—the registration of a deed of grant over the reserve or part; or - (e) for a reserve other than an operational reserve—the revocation of the dedication of the reserve. - (a) a lease; or - (b) a licence; or - (c) an operational reserve or a part of an operational reserve; or - (d) a reserve other than an operational reserve.