Land Title Act 2000

1 Short title This Act may be cited as the Land Title Act 2000.

2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3 Object of Act (1) The object of this Act is to consolidate and reform the law about the registration of land and interests in land and in particular: (a) to simplify the title to land and facilitate dealings with land; (b) to define the rights of persons with an interest in registered land; (c) to continue and improve the system for registering title to and transferring interests in land; (d) to define the powers and functions of the Registrar-General under this Act; (e) to facilitate access to information about administrative and other interests and information in respect of land; (f) to assist the keeping of the land register in the Land Titles Office, particularly by authorising the use of information technology; and (g) to facilitate the collection and disposal of information relating to land or the buying and selling of land.

Land Title Act 2000 2 (2) If there is an inconsistency between a provision of this Act and a provision of the Law of Property Act 2000, this Act prevails.

4 Definitions In this Act: appropriate form, for an instrument, means: (a) the form that is the approved form for the instrument; or (b) if a form is approved or prescribed for the instrument under another Act – that form. approved form means: (a) for an electronic conveyancing document – a form approved by the Registrar-General under section 7 of the Electronic Conveyancing National Law (NT); or (b) a form prescribed by the Regulations or the Registrar-General's directions. approved reinstatement process, see section 58(1) of the Unit Title Schemes Act 2009. bankruptcy includes a proceeding under a law about bankruptcy, insolvency or the liquidation of corporations. body corporate, see section 5 of the Unit Title Schemes Act 2009. body corporate name, see section 18(2)(b) of the Unit Title Schemes Act. cancel means: (a) in relation to a document – to record the cancellation of the registration of the document in the land register; and (b) in relation to particulars in the land register – to record the cancellation of the particulars in the land register. caveatee, in relation to a lot over which a caveat has been lodged, means: (a) a registered proprietor of the lot; or (b) someone (other than the caveator) who has an interest in the lot.

Land Title Act 2000 3 caveator, in relation to a lot over which a caveat has been lodged, means a person in whose favour the caveat is lodged. certificate as to title means a certificate issued by the Registrar- General under section 44. client authorisation is a document: (a) that is a client authorisation for the purposes of the Electronic Conveyancing National Law (NT); or (b) that is in the appropriate form and by which the client of a law practice, legal practitioner or conveyancing agent authorises the practice, practitioner or agent to execute one or more instruments, or do one or more things, on behalf of the client in connection with a specified transaction or for a specified period of time. Commonwealth jurisdiction means a State or another Territory of the Commonwealth or New Zealand. consolidation, see section 3(1) of the Planning Act 1999. conveyancing agent, see section 5(2)(c) of the Agents Licensing Act 1979. copy, of a document, if the document is an electronic conveyancing document, means: (a) a representation of the document in paper form; or (b) a reproduction or representation of the document in digital form. correct includes correct by addition, omission or substitution. covenant has the same meaning as in Division 4 of Part 9 of the Law of Property Act 2000. covenant in gross has the same meaning as in Division 4 of Part 9 of the Law of Property Act 2000. dealing means an instrument or matter whereby land or the title to land can be affected or dealt with. deed of grant means a document evidencing the grant of land (including leasehold) by the Crown. deposit means file in the Land Titles Office other than for

Land Title Act 2000 4 disclosure statement, see section 5 of the Unit Title Schemes document means paper or other material (including electronic material) containing writing, words, figures, drawings or symbols. easement has the same meaning as in Division 2 of Part 9 of the Law of Property Act 2000. easement in gross has the same meaning as in Division 2 of

Part 9 of the Law of Property Act 2000. electronic communication means a communication of information in the form of data, text or images by guided or unguided electromagnetic energy. electronic conveyancing document, see section 15B. Electronic Conveyancing National Law (NT), see section 3(2) of the Electronic Conveyancing (National Uniform Legislation) Act 2013. endorse, in relation to endorsing information on a document, if the document is an electronic conveyancing document, means record the information in electronic form as part of the document in such a way that it is reasonable to expect the information will be readily accessible as part of the document so as to be usable for subsequent reference. error includes an error by omission. fee includes tax. first scheme statement, see section 10(2) of the Unit Title Schemes Act 2009. indefeasible title, in relation to a registered lot, has the meaning given by section 40. instrument includes: (a) a deed of grant or certificate as to title; and (b) a deed that relates to or may be used to deal with a lot; and (c) a power of attorney that may be used to deal with a lot; and (d) a request, application or other document that deals with a lot and may be registered under this Act; and (e) a map or plan of survey that may be lodged; and

Land Title Act 2000 5 (f) a plan of subdivision, or a plan of consolidation, that may be lodged; and (g) an order of a court; and (h) a scheme statement; and (i) a plan of termination for a scheme as mentioned in section 54E(1)(a); and (j) a plan of termination for a development as mentioned in section 54G(1)(a); and (k) an electronic conveyancing document. land register means the register referred to in section 6. Land Titles Office means the Lands Titles Registration and General Registry Office established by section 4 of the Registration Act 1927. law practice, see section 4 of the Legal Profession Act 2006. layered scheme, see section 68(1) of the Unit Title Schemes lease includes a sublease. lessee means the registered proprietor of a lease. lessor means the registered proprietor of land subject to a lease. local government body means: (a) a local government council; or (b) any other body that performs local government functions. lodge, in relation to a document, means: (a) if the document is an electronic conveyancing document – lodging the document electronically under section 7 of the Electronic Conveyancing National Law (NT); or (b) if the document is not an electronic conveyancing document: (i) depositing or lodging the document in the Land Titles Office; or (ii) depositing or lodging the document in any other way permitted by the Registrar-General under section 14.

Land Title Act 2000 6 lot means a separate, distinct parcel of land created on: (a) the recording of particulars of a deed of grant; or (b) the registration of a plan of subdivision or a plan of consolidation; and includes a unit and common property, within the meaning of the Unit Titles Act 1975, a lot under Part IVB of that Act and a building lot within the meaning of that Act, and a unit and common property within the meaning of the Unit Title Schemes Act 2009. member scheme, see section 68(2) of the Unit Title Schemes mortgage includes: (a) a charge on a lot or an interest in a lot for securing: (i) a debt; or (ii) the payment of an annuity, rent, charge or a sum of money in favour of a person; (b) a statutory charge; and (c) an overriding statutory charge. mortgagee means the registered proprietor of a mortgage. mortgagor means the registered proprietor of land subject to a overriding statutory charge, in relation to a lot, means a statutory charge that is expressed in the Act by or under which it is established: (a) to be an overriding charge within the meaning of this Act; or (b) to have priority over all other charges on the lot. plan of consolidation means a plan approved by the Surveyor- General under section 49(3) of the Licensed Surveyors Act 1983 relating to the consolidation of lots otherwise than under the Unit Titles Act 1975. plan of subdivision means a plan approved by the Surveyor- General under section 49(3) of the Licensed Surveyors Act 1983 relating to the subdivision of a lot otherwise than under the Unit Titles Act 1975.

Land Title Act 2000 7 plan of survey means a plan prepared and certified by a licensed surveyor that complies with the Licensed Surveyors Act 1983 and includes: (a) a plan of subdivision of a lot; and (aa) a plan of consolidation of lots; and (b) a re-survey conducted to define the boundaries of a lot. prescribed, in relation to fees, means prescribed under the Registration Act 1927. proprietor, of a lot, means a person entitled to an interest in the lot, whether or not the person is in possession. public use land means land referred to in section 52(1)(a). record of administrative and other interests and information means the record of administrative and other interests and information referred to in section 38. register, in relation to a lot, interest, instrument or other thing, means record the particulars of the thing in the land register. registered owner, of a lot, means the person recorded in the land register as the person entitled to: (a) the fee simple interest in the lot; or (b) a lease from the Crown under the Crown Lands Act 1992, Pastoral Land Act 1992 or Special Purposes Leases Act 1953. registered proprietor, of a lot, means a person recorded in the land register as a proprietor of the lot. Registrar-General means the Registrar-General for the Northern Territory and includes a Deputy Registrar-General appointed under the Registration Act 1927. Registrar-General's direction means a direction in force under section 210. relevant registrar means a person who under the law of another Commonwealth jurisdiction exercises functions similar to those performed by the Registrar-General under this Act. requisition means a notice given by the Registrar-General under section 155(1) or (7).

Land Title Act 2000 8 scheme means a unit title scheme as mentioned in section 10(1) of the Unit Title Schemes Act 2009. scheme land, see section 32(1) of the Unit Title Schemes scheme name, see section 18(2)(a) of the Unit Title Schemes scheme statement, see section 10(1) of the Unit Title Schemes short lease means a lease: (a) for a term of 3 years or less; or (b) from year to year or a shorter period. sketch plan means a drawing in an instrument drawn to a standard to the Registrar-General's satisfaction that is not a plan of survey. standard terms document, for Part 8, Division 2, see section 167. statutory charge means a charge on a lot established by or under a law in force in the Territory: (a) that is expressed in the law to be a statutory charge within the meaning of this Act; or (b) that after it is registered: (i) imposes a restriction on the use of or dealing with the lot; or (ii) gives a right to a person to deal with the lot, including the right of sale, and includes an overriding statutory charge for the purposes of

Subdivision 2 of Division 3 of Part 6 and section 153. subdivision has the meaning it has in the Planning Act 1999. term includes covenant and condition. term, of a lease, means the period beginning when the lessee is first entitled to possession of a lot or part of a lot under the lease and ending when the lessee is last entitled to possession, even if the lease consists of 2 or more discontinuous periods. transmission means the passing of title to land in any manner other than by transfer.

Land Title Act 2000 9 unit, of a scheme, see section 37 of the Unit Title Schemes unit title scheme, see section 10(1) of the Unit Title Schemes verification of authority guidelines means the guidelines issued under section 210A. verification of identity requirements, for Part 10A, see section 197B. writ of execution means a writ or warrant of execution after judgement in a court. Note for section 4 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

5 Act binds Crown This Act binds the Crown, not only in right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

5A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 5A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

6 Registrar-General must keep land register (1) The Registrar-General must keep a register of land. (2) The land register consists of: (a) particulars recorded by the Registrar-General in accordance with sections 30 and 31; (b) registered instruments; and

Land Title Act 2000 10 (c) documents lodged with the Registrar-General that are not required to be registered. (3) The land register may be kept in the form (whether or not in a documentary form) the Registrar-General considers appropriate. (4) The Registrar-General may change the form in which the land register or a part of the land register is kept.

Division 2 General requirements for instruments in land register

7 Form of instruments (1) An instrument lodged by a person or issued by the Registrar- General must be in the appropriate form. (2) An instrument required or permitted to be executed must be in the appropriate form when it is executed. (3) The Registrar-General may register an instrument that is not in the appropriate form if the Registrar-General is satisfied it is not reasonable to require the instrument to have been executed in the appropriate form. (4) Subsection (3) does not apply to an instrument that is an electronic conveyancing document.

8 Acceptance of forms used in States, etc. (1) The Registrar-General may accept a dealing, instrument, document or plan in respect of land in the Territory in accordance with a form that is used in another Commonwealth jurisdiction if, in the opinion of the Registrar-General: (a) the form is consistent with the law of the Territory; and (b) the form is suitable for use in the Territory. (2) If a form referred to in subsection (1) refers to a provision of a law in force in a place outside the Territory, the reference is taken to be a reference to a comparable provision in the law of the Territory and, for the purposes of the application of the Territory law, the form is taken to have been validly executed in the Territory.

9 Execution of forms outside of Territory (1) An instrument that is in an appropriate form may be accepted if it is executed in accordance with this Act or the law of the place where the form is executed.

Land Title Act 2000 11 (2) A form may be accepted under section 8 if it is executed in accordance with this Act, the law of the place where the form is normally used or the law of the place where it is executed.

10 Execution of certain instruments (1) An instrument to transfer or create an interest in a lot, other than a mortgage, must be executed by: (a) the transferor or the person creating the interest; and (b) the transferee or the person in whose favour the interest is to be created. (1A) A mortgage may be executed by: (a) the mortgagee; or (b) a solicitor or other agent of the mortgagee. (2) A total or partial discharge of a mortgage need only be executed by the mortgagee. (3) For an instrument that is an electronic conveyancing document, subsections (1), (1A) and (2) apply subject to the form approved for the instrument under section 7 of the Electronic Conveyancing National Law (NT).

11 Consent to be written on instrument etc. (1) If the consent of a person is necessary for the transfer or other dealing with a lot, the consent must be: (a) written or contained on, or form part of, the relevant instrument; or (b) if the Registrar-General considers it appropriate – lodged with the relevant instrument. (2) If the relevant instrument is an electronic conveyancing document, a person is taken to have complied with subsection (1) if the consent: (a) is in the form of an electronic conveyancing document; and (b) is lodged with the relevant instrument.

Land Title Act 2000 12 (3) Subsection (4) applies if the relevant instrument is lodged in an electronic form by an electronic communication under: (a) this Act or another law, other than the Electronic Conveyancing National Law (NT); and (b) the Electronic Transactions (Northern Territory) Act 2000. (4) A person is taken to have complied with subsection (1) if: (a) a method is used to identify the person and to indicate the person's consent; and (b) having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and (c) the Registrar-General consents to the requirement being met by using the method.

12 Required number of executed copies to be lodged The Registrar-General may refuse to register an instrument if the number of executed copies of the instrument prescribed by the Regulations or the Registrar-General's directions are not lodged.

13 Registrar-General may authorise printing and sale of forms (1) The Registrar-General may, on reasonable terms, authorise a person to print and sell the appropriate form for an instrument other than a certificate as to title. (2) A direction in or under this Act that an appropriate form is to be used applies equally to a form to the like effect or for a similar purpose authorised in conformity with this Act.

14 Lodgement etc. of documents The Registrar-General may: (a) permit documents to be executed; (b) permit documents to be deposited or lodged; and (c) correct documents that have been deposited or lodged, by any means, including electronic means, that he or she thinks fit.

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14A Registration of, or dealing with, particular instruments or other documents (1) This section applies if an instrument or other document is lodged or deposited other than in compliance with a requirement under this Act. (2) The Registrar-General may register, or otherwise deal with, the instrument or document if the Registrar-General is satisfied it is reasonable not to require the compliance.

15 Address for service to be provided (1) An instrument is to contain an address for the service of notices of any person with a registered interest in land arising from the (2) However, the Registrar-General's directions may provide that it is unnecessary to specify an address for service. (3) A person with a registered interest in land must ensure that the Registrar-General is notified of any change in the address for service. (4) The Registrar-General must record in the land register: (a) the address for service provided under subsection (1); and (b) a change of the address for service on being notified of the change. (5) No fee is required to be paid for a change recorded under subsection (4).

15A Reference to particular type of document includes its electronic conveyancing form A reference in this Act to a document of a type that may be lodged or deposited under this Act includes a reference to the document in the form of an electronic conveyancing document.

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15B Meaning of electronic conveyancing document (1) An electronic conveyancing document is a document under the Electronic Conveyancing National Law (NT) that is lodged electronically under section 7 of that Law, in the land register. Note for subsection (1) Under the Electronic Conveyancing National Law (NT), Schedule, section 12(1), definition document, a document includes any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means. (2) To avoid doubt, a document is not an electronic conveyancing document if it is lodged or deposited in an electronic form by an electronic communication under: (a) this Act or another law, other than the Electronic Conveyancing National Law (NT); and (b) the Electronic Transactions (Northern Territory) Act 2000.

15C Signing or executing electronic conveyancing document If this Act provides for a document to be signed or executed and the document is an electronic conveyancing document, the document must be digitally signed as provided for under the Electronic Conveyancing National Law (NT).

15D Registering electronic conveyancing document For registering an electronic conveyancing document, the Registrar-General may rely on a certification made under the participation rules determined under the Electronic Conveyancing National Law (NT).

16 Registrar-General may demand fees (1) The Registrar-General may demand and receive the fees and charges that are prescribed. (2) The Registrar-General may provide credit facilities for persons to pay those fees and charges at intervals that he or she thinks fit. (3) The Registrar-General may receive fees electronically.

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17 Registrar-General may correct land register (1) The Registrar-General may correct or amend the land register if satisfied: (a) that: (i) the land register is incorrect; or (ii) land has been alienated under legislation providing for leasehold or freehold title, whether before 1 January 1887 or not, but the particulars do not form part of the land register; and (b) that the correction or amendment will not prejudice the rights of a holder of an interest recorded in the land register. (2) The Registrar-General's power to correct the land register includes the power to correct a particular in the land register or an instrument forming part of the land register. (3) If the land register is corrected, the Registrar-General must record in the land register: (a) the state of the land register before the correction; and (b) the time, date and circumstances of the correction. (4) The land register corrected by the Registrar-General has the same effect as if the relevant error had not been made. (5) For subsection (1)(b), the rights of the holder of an interest recorded in the land register are not prejudiced if the holder acquired or has dealt with the interest with actual or constructive knowledge that the land register was incorrect and how it was incorrect. (6) The Registrar-General may before taking any action under this section give notice of the proposed action to any person that the Registrar-General considers should be notified of it. (7) If the Registrar-General gives notice under this section, the Registrar-General: (a) may refuse to take the action until the period specified in the notice expires; and (b) may proceed to take the action at or after the period expires unless the Registrar-General is served with, or with written notice of, an order of the Supreme Court restraining the

Land Title Act 2000 16 Registrar-General from so doing. (8) If a person given notice under this section does not within the time limited by the notice serve on the Registrar-General or give the Registrar-General written notice of an order of the Supreme Court restraining the Registrar-General from taking the action, no action by that person or by any person claiming through or under that person may be instituted against the Registrar-General in respect of the taking of the action specified in the notice. (9) No action may be instituted against the Registrar-General for failure to give a notice under this section.

18 Registrar-General may prepare and lodge caveat (1) The Registrar-General may prepare and lodge a caveat over a lot in favour of: (a) a registered proprietor of the lot; or (b) someone else who has an interest in the lot. (2) The Registrar-General may act under subsection (1) to prevent a dealing with the lot that may prejudice: (a) the Territory, the Commonwealth or a local government body; (b) a minor; (c) a person who is intellectually or mentally impaired or who is incapable of managing his or her own affairs; (d) a person who is absent from the Territory; (e) a person because of misdescription of the lot or its boundaries; (f) a person because of fraud or forgery; or (g) any other person who has an interest in the lot. (3) The Registrar-General may act under subsection (1) to prevent a dealing with a lot to give effect to an order of a court of competent jurisdiction directed to the Registrar-General. (4) Subsection (2)(g) applies only if the Registrar-General is satisfied there is no practicable alternative to registering the caveat, because of the nature or urgency of particular circumstances.

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19 Registrar-General may require public notice to be given of certain proposed action (1) This section applies if a person asks the Registrar-General to do any of the following things: (a) register a transmission of a registered interest; (b) issue a substitute registered instrument; (c) dispense with production of an instrument. (2) The Registrar-General may, by written notice, require the person to give public notice of the request. (3) The Registrar-General may specify in the notice: (a) what is to be included in the public notice; (b) how many times the public notice is to be published; and (c) how and when the public notice is to be published. (4) The person must satisfy the Registrar-General that the public notice has been given as required by the Registrar-General.

20 Registrar-General may decide to hold inquiry The Registrar-General may decide to hold an inquiry under this Division: (a) to decide whether the land register should be corrected; (b) to decide whether a person should produce an instrument for the purposes of registering a dealing; (c) to consider whether a person has fraudulently or wrongfully obtained, kept or procured an instrument affecting land in the (d) to consider whether a person has fraudulently or wrongfully procured a particular in the land register or an endorsement on an instrument affecting land; (e) in circumstances that may be prescribed.

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21 Registrar-General's duties on inquiry When conducting the inquiry, the Registrar-General: (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.

22 Registrar-General may decide procedures (1) The Registrar-General: (a) is not bound by the rules of evidence; (b) may inform himself or herself in any way the Registrar- General considers appropriate; and (c) may decide the procedures to be followed at the inquiry. (2) The Registrar-General must comply with this Division and the procedural rules that may be prescribed.

23 Registrar-General's powers on inquiry In conducting the inquiry, the Registrar-General may: (a) act in the absence of a person who has been given reasonable notice; and (b) require a person to give evidence on oath or by statutory declaration; and (c) adjourn the inquiry; and (d) disregard a defect, error or insufficiency in a document; and (e) permit or refuse to permit a person (including a legal practitioner) to represent someone at the inquiry.

24 Notice to witness (1) The Registrar-General may, by written notice given to a person, require the person to attend the inquiry at a specified time and place as a witness to give evidence or produce specified documents or things.

Land Title Act 2000 19 (2) A person required to appear as a witness before the inquiry is entitled to: (a) the witness fees that are prescribed; or (b) if no witness fees are prescribed – the reasonable witness fees decided by the Registrar-General.

25 Offence by witness (1) A person commits an offence if the person is given a notice under section 24 and the person fails to comply with the notice. Maximum penalty: 100 penalty units. (2) A person commits an offence if: (a) the person appears as a witness at an inquiry; and (b) the person does not: (i) take an oath when required by the Registrar-General; or (ii) answer a question the person is required to answer by the Registrar-General; or (iii) produce a document or thing the person is required to produce by the Registrar-General. Maximum penalty: 100 penalty units. (3) An offence against subsection (1) or (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the person has a reasonable excuse. Note for subsection (4)

26 Powers of Registrar-General following inquiry The Registrar-General may at the end of an inquiry do any of the (a) correct the land register; (b) order that an instrument be produced;

Land Title Act 2000 20 (c) refer any findings of fraudulent or wrongful actions to the Commissioner of Police; (d) lodge a caveat under section 18; (e) publish reasons for any decision made.

27 Referral to NTCAT from inquiry (1) If in an inquiry under Division 4, a person: (a) fails to attend as required by a notice given under section 24; or (b) fails to continue to attend as required by the Registrar- General; or (c) fails to take an oath when required by the Registrar-General; or (d) fails to answer a question the person is required to answer by the Registrar-General; or (e) fails to produce a document or thing the person is required to produce by a notice under section 24, the Registrar-General may apply to NTCAT for an order to compel the person to comply with the notice or requirement. (2) NTCAT may make any order to assist the Registrar-General in his or her conduct of the inquiry that NTCAT considers appropriate.

28 Other referrals by Registrar-General to Supreme Court In any matter under this Act, the Registrar-General may: (a) apply to the Supreme Court for directions; or (b) state a case for decision by the Supreme Court.

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29 Record of non-current or historical dealings (1) The Registrar-General must keep a record of all dealings, including non-current or historical dealings, recorded in, or action taken in respect of, the land register and any other non-current or historical information in relation to the land register that the Registrar-General thinks fit. (2) The record of dealings kept under subsection (1) is not part of the (3) The Registrar-General may permit a person to have access to the record of dealings kept under subsection (1) on the person paying the prescribed fee, if any.

30 Particulars Registrar-General must record (1) The Registrar-General must record in the land register the particulars necessary to identify: (a) every lot brought under this Act; (b) every interest registered in the land register; (c) the name of the person who holds, and the name of each person who has held, a registered interest; (d) if the person who holds a registered interest is a minor – the person's date of birth; and (e) all instruments registered in the land register and when they were lodged and registered. (2) The Registrar-General must also record in the land register anything else required to be recorded by this or another Act. (3) An interest in a lot includes details of trusts for public purposes created by the Crown in relation to the lot.

31 Particulars Registrar-General may record (1) The Registrar-General may record in the land register anything that the Registrar-General is permitted to record by this or another Act. (2) The Registrar-General may also record in the land register anything that the Registrar-General considers should be recorded to ensure

Land Title Act 2000 22 that the land register is an accurate, comprehensive and useable record of land in the Territory.

31A Particulars Registrar-General may remove The Registrar-General may remove from the land register anything recorded under section 30(2) or 31 if: (a) the Registrar-General no longer considers the thing should be recorded to ensure the land register is an accurate, comprehensive and usable record of land in the Territory; and (b) the removal of the thing will not prejudice the rights of the holder of an interest recorded in the land register.

32 Entitlement to search land register (1) A person may, on payment of the prescribed fee: (a) search and obtain a copy of: (i) the indefeasible title of a lot; or (ii) a registered instrument; or (iii) an instrument that has been lodged but is not registered (whether or not it has been cancelled); or (iv) information kept under this Act; and (b) obtain a copy of the indefeasible title of a lot, or a registered instrument, certified by the Registrar-General to be an accurate copy. (2) Subsection (1)(a)(iii) does not apply to an instrument that has been disposed of by the Registrar-General under section 165. (3) A search under subsection (1) may be carried out at, or a copy mentioned in subsection (1) obtained from, the Land Titles Office during business hours on a day the office is open for business. (4) In addition, a search under subsection (1) may be carried out by, or a copy mentioned in subsection (1) obtained from, an entity engaged by the Registrar-General for allowing persons to search the land register or obtain copies of indefeasible titles, registered or other instruments, or information, kept in the land register. (5) The Registrar-General may allow a person to carry out a search under subsection (1)(a) for: (a) part of an indefeasible title for a lot; or

Land Title Act 2000 23 (b) part of an instrument; or (c) part of the information about an instrument. (6) Subject to subsection (7), the Registrar-General may enter into an arrangement with an Agency allowing the Agency to carry out a search, or obtain a copy, under this section without payment of the fee mentioned in subsection (1). (7) The Registrar-General may enter into an arrangement under subsection (6) only if the Registrar-General is reasonably satisfied the information obtained from the search or the copy will not be: (a) used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or (b) included in another database of information, in any form, other than with approval from the Registrar-General.

32A Fee required to produce document under subpoena (1) This section applies in relation to: (a) a fee payable under section 32(1) for a person to obtain a copy of an indefeasible title, registered or other instrument, or information; and (b) a subpoena that requires the title, instrument or information to be produced. (2) Despite any other law or rule of court, the Registrar-General is not required to produce, or provide a copy of, the document until the fee mentioned in section 32(1) is paid. (3) Subsection (2) does not apply if an Agency is not required to pay a fee for the document under an agreement mentioned in section 32(6).

33 Evidentiary effect of certified copies of documents (1) A document purporting to be a certified copy of the indefeasible title of a lot, certified by the Registrar-General to be an accurate copy, is evidence of the indefeasible title. (2) A document purporting to be a certified copy of a registered instrument, certified by the Registrar-General to be an accurate copy, is evidence of the registered instrument.

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34 Caution notices (1) The Minister or, if a minister of the Commonwealth has administrative responsibility for the first grant or transfer of land from the Crown, that minister may lodge with the Registrar-General a memorandum if he or she is of the opinion that characteristics of or relating to the land may adversely affect its use or occupation. (2) The memorandum may be lodged: (a) on the first grant or transfer of land (whether freehold or leasehold) from the Crown; or (b) at any time afterwards with the consent in writing of the registered proprietor of any interest in the land that is affected by the memorandum. (3) The memorandum is to: (a) identify the land; (b) set out the characteristics of or relating to the land that may adversely affect its use or occupation; and (c) if the memorandum is lodged other than on the first grant or transfer of the land – contain the consent of the registered proprietor of any interest in the land that is affected by the memorandum. (4) Characteristics of or relating to land that may be set out in the memorandum include: (a) a propensity towards flooding; (b) the presence of unexploded bombs or other ordnance; and (c) the presence of rubbish disposal or landfill sites, whether compacted or not. (5) The Registrar-General must: (a) register the memorandum; and (b) enter a caution notice in the land register against the land to which the memorandum relates. (6) A caution notice does not of itself preclude any dealing with the

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35 Notices of statutory restrictions (1) If a law of the Territory imposes a restriction on the use or occupation, or any dealing, with land, the Minister having responsibility for the administration of the law: (a) may; or (b) if the land is prescribed property and was granted to an association or corporation by section 46(1A) of the Lands Acquisition Act 1978 – must, lodge with the Registrar-General a memorandum. (2) The memorandum is to: (a) identify the land; (b) specify the statutory authority under which the restriction was imposed and the date on which it was imposed; and (c) request that a memorial be entered in the land register in relation to the land. (3) If, immediately before the commencement of this subsection, a restriction consisted of the right of the Crown to revoke the reservation on land held by a council on lease under legislation then in force, the right (and hence the restriction) continues in force as if the relevant legislation had continued in force. (4) If land is prescribed property and was acquired wholly or partly from or using funds obtained under a grant from the Commonwealth, the appropriate minister of the Commonwealth may lodge the memorandum instead of the Minister. (5) The Registrar-General must: (a) register the memorandum; and (b) enter a statutory restrictions notice in the land register against the land to which the memorandum relates. (6) A statutory restrictions notice does not of itself preclude any dealings with land but has effect according to the tenor of the statutory restriction to which it refers. (7) In this section, prescribed property has the meaning it has in the Associations Act 2003.

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36 Removal of memorials (1) The Minister may direct the Registrar-General to remove a memorial made under section 34 or 35 if the Minister is satisfied the reason for the entry of the memorial no longer exists. (2) The Registrar-General must remove the memorial on being directed under subsection (1).

37 No liability on Minister, etc. No action or proceeding lies against a minister or a minister of the Commonwealth, or the Territory or the Commonwealth, on account of anything done or omitted to be done for the purposes of sections 34 and 35 or done in good faith and purported to be done in pursuance of sections 34 and 35.

38 Record of administrative and other interests and information (1) The Registrar-General may provide access to information that the Registrar-General considers necessary or desirable in relation to (1A) Without limiting subsection (1), the Registrar-General may provide access to information regarding a determination of native title in relation to land. (2) Subject to another Act and the Regulations, the Registrar-General may allow a person access to information referred to in subsections (1) and (1A) in accordance with an agreement entered into between the Registrar-General and the person and on the person paying the prescribed fee, if any. (3) The Registrar-General may provide access to information referred to in subsections (1) and (1A) by means of a certificate, statement, visual display unit, computer print-out, microfiche reader or any other means that the Registrar-General considers appropriate. (4) The Registrar-General may provide access to information under this section in a way to limit the liability of: (a) the Registrar-General or the Territory; (b) the Commonwealth; (c) a statutory authority of the Territory or the Commonwealth, a local government body or a prescribed organisation; or

Land Title Act 2000 27 (d) an employee of the Territory or the Commonwealth or of a statutory authority, local government body or prescribed organisation referred to in paragraph (c), for any omission from, or misstatement or inaccuracy in, the information. (5) Information referred to in subsections (1) and (1A) is not part of the (6) In this section: determination of native title, see section 225 of the Native Title Act 1993 (Cth).

39 Creation of indefeasible title An indefeasible title for a lot is created on the recording of the particulars of the lot in the land register.

40 Meaning of indefeasible title The indefeasible title for a lot is the current particulars in the land register about the lot.

41 Single indefeasible title for 2 or more lots (1) The Registrar-General may create a single indefeasible title for 2 or more lots that have the same registered owner by including a single set of particulars for the lots in the land register. (2) The Registrar-General may act under this section if the lots: (a) share a common boundary; or (b) have a boundary that adjoins the same part of a road, railway or watercourse. (3) The Registrar-General may only create a single title under this section if: (a) there is an approval or exemption under the Planning Act 1999 concerning the consolidation of the lots into the single title; or (b) the title is being created in pursuance of a deed of grant.

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42 Separation of single indefeasible title for 2 or more lots (1) If the Registrar-General has created a single indefeasible title for 2 or more lots, the Registrar-General may create separate indefeasible titles for any of the lots by cancelling the single set of particulars for the lots in the land register and including separate particulars for the lots. (2) This section does not prevent the Registrar-General from also acting under section 41 for 2 or more of the lots. (3) The Registrar-General may only create single titles under subsection (1) if there is an approval or exemption under the Planning Act 1999 that permits each lot to exist separately from any other lot.

43 Transfer of land forming part of indefeasible title If the Registrar-General registers an instrument of transfer of a lot or lots (being only part of the land in the indefeasible title), the Registrar-General must create separate indefeasible titles for the lot or lots transferred and for the lot or lots not transferred by cancelling the single set of particulars for the lots and including separate particulars for the lot or lots not transferred.

44 Issuing of certificates as to title (1) If any of the following ask, in the prescribed form, for the Registrar- General to issue a certificate containing the indefeasible title for a lot, the Registrar-General may, subject to subsection (2), issue the certificate: (a) the registered owner of the lot; (b) a legal practitioner acting for the registered owner of the lot; (c) a conveyancing agent acting for the registered owner of the lot. (2) If the lot is subject to a registered mortgage, the Registrar-General may issue a certificate under subsection (1) only if: (a) for a lot subject to one registered mortgage – the mortgagee consents to the issue of the certificate; or (b) for a lot subject to more than one registered mortgage – the first registered mortgagee consents to the issue of the certificate.

Land Title Act 2000 29 (3) Also, if an instrument has been lodged to register an interest in the lot, the Registrar-General may refuse to issue the certificate as to title until the instrument has been registered. (4) The Registrar-General may issue a certificate as to title noted by him or her as being qualified as to boundaries if he or she is not satisfied that the description of the lot to which it relates accurately identifies the boundaries of the lot. (5) The certificate as to title: (a) is to be in the prescribed form; and (b) subject to a direction from the Minister or to another Act – is to contain a diagram describing the parcel of land to which the certificate relates. (6) The Registrar-General may give the certificate as to title to the registered owner: (a) by posting it to the owner or to someone else specified in the request, at the address specified in the request; or (b) by personally giving it to the owner or someone else specified in the request. (7) The Registrar-General must give the certificate as to title to the person stated in the owner's request.

45 Note about issue of certificate as to title etc. (1) If the Registrar-General issues a certificate as to title for a lot, the Registrar-General: (a) must make a note in the particulars for the lot in the land register that the certificate has been issued; and (b) may issue a second certificate only if the first certificate is cancelled. (2) The Registrar-General may cancel a certificate as to title, without production of the certificate, if, in accordance with section 153: (a) a dealing is registered without the need for the production of the certificate as to title; and (b) a new certificate as to title is issued showing the current registered interests in the lot.

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46 Cancellation of certificate as to title on deposit Unless the Registrar-General otherwise directs, a certificate as to title that is deposited in the Land Titles Office is cancelled, whether or not a note of the cancellation is made on it.

47 Evidentiary effect of certificate as to title (1) A certificate as to title is conclusive evidence of the indefeasible title for the lot when it is issued: (a) other than in the circumstances described in sections 188 and 189; or (b) except as far as the particulars specified in the certificate in fact differ from the indefeasible title. (2) In respect of any matter not covered by subsection (1), if there is a conflict, difference or variation between the contents of the land register and a certificate as to title, the land register prevails.

48 Alienated Crown land to be registered (1) If land is alienated from the Crown, the deed of grant in the appropriate form must be lodged in the Land Titles Office. (2) The Registrar-General must register the deed of grant by recording the particulars of the deed of grant in the land register. (2A) If a grant of a fee simple interest is made in accordance with a registered indigenous land use agreement that provides for the application of the non-extinguishment principle to the grant: (a) the person lodging the deed of grant under subsection (1) must also: (i) lodge in the Land Titles Office a notice in the approved form providing information in relation to the registered indigenous land use agreement; and (ii) deposit in the Land Titles Office a copy of an extract of the details entered on the Register of Indigenous Land Use Agreements for the registered indigenous land use agreement; and

Land Title Act 2000 31 (b) the Registrar-General must also record in the land register: (i) a notice that the grant is made in accordance with a registered indigenous land use agreement; and (ii) information sufficient to identify the registered indigenous land use agreement in accordance with which the grant is made. (3) An indefeasible title is created for the relevant lot when the deed of grant is registered. (4) Subsection (3) operates in respect of a crown lease subject to the Act under which the crown lease was granted. (5) On receiving a notice from the Minister that a crown lease has been lawfully forfeited or determined in whole or in part, the Registrar- General must make an entry to that effect in the land register. (6) The forfeiture or determination has effect when the Registrar- General makes the entry in the land register under subsection (5). (7) Subject to subsection (9), the Registrar-General must register the surrender of a crown lease in the land register on the surrender being lodged with the Registrar. (8) The surrender is to be in an appropriate form. (9) The Registrar-General must not register the surrender of a crown lease unless he or she is satisfied that all persons with a registered interest in the crown lease: (a) consent or agree to the surrender; or (b) have an interest that has a lower priority to the interest of the person who is seeking to surrender the lease. (10) In subsection (5), Minister means the Minister administering the Act under which the crown lease was forfeited or determined. (11) In this section: indigenous land use agreement, see section 253 of the Native Title Act 1993 (Cth). non-extinguishment principle, see section 238 of the Native Title Act 1993 (Cth). Register of Indigenous Land Use Agreements, see section 253 of the Native Title Act 1993 (Cth).

Land Title Act 2000 32 registered indigenous land use agreement means an indigenous land use agreement registered in the Register of Indigenous Land Use Agreements.

49 Alteration of title affecting registered interests (1) In this section, Crown lease means a deed of grant in leasehold. (2) On lodging an application to register: (a) a surrender of a Crown lease that is subject to registered interests; and (b) a deed of grant (in freehold or leasehold) in respect of land, or part of land, comprised in the surrendered Crown Lease, the applicant may lodge with the application: (c) an application to carry forward the registered interests (limited, if appropriate, to the land specified in the application); and (d) the consent of the registered proprietors of the registered (3) On receiving an application under subsection (2), the Registrar- General must register: (a) the surrender; and (b) the deed of grant, subject to the registered interests (limited, if appropriate, to the land specified in the application under subsection (2)(a)). (4) On registration under subsection (3), an instrument creating the registered interest is to be taken to have been modified accordingly. (5) On lodging an application to register an instrument that adds land to, or removes land from, a registered lot that is subject to registered interests, the applicant may lodge with the application: (a) an application to carry forward the registered interests (limited, if appropriate, to the land specified in the application); and (b) the consent of the registered proprietors of the registered (6) On receiving an application under subsection (5), the Registrar- General must register the instrument and issue any new title that he or she considers necessary subject to the registered interests (limited, if appropriate, to the land specified in the application under

Land Title Act 2000 33 subsection (5)(a)). (7) Subject to subsection (8), on registration under subsection (6) the instrument creating the registered interests is to be taken to have been modified accordingly. (8) Registration under subsection (6) does not have the effect of extending to land added to a title to a lot a lease relating to a part only of the land formerly included in the title unless an intention that the lease be extended is indicated in the application for registration. Division 2 Land held by Territory 50 Land held by Territory The Territory may acquire, hold and deal with lots under this Act. 51 Plan of subdivision and plan of consolidation (1) A lot may be subdivided by the registration of a plan of subdivision on the application of the registered owner of the fee simple interest in the lot. (2) If the registered owner of the fee simple interest in each of 2 or more lots is the same person, the lots may be consolidated by the registration of a plan of consolidation on the application of the (3) Subsections (1) and (2) do not apply to a subdivision or consolidation under the Unit Titles Act 1975. Notes for subsection (3) A subdivision or consolidation under the Unit Titles Act 1975 requires the registration of a units plan or a document covered by section 9A of the Real Property (Unit Titles) Act 1975. The Unit Titles Act 1975 and the Real Property (Unit Titles) Act 1975 sets out the requirements for the registration. (4) Subsections (1) and (2) have effect subject to Part 4, Division 4 in relation to a subdivision or consolidation of land that is, or proposed to be, the scheme land of a scheme.

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52 Registration of plan (1) A plan of subdivision or a plan of consolidation (the plan) must: (a) distinctly show all roads, streets, passages, courts, alleys, thoroughfares, cul-de-sacs, squares, parks, water or drainage reserves, reserves or similar open spaces that are to be dedicated to public use; and (b) show all proposed easements and easements in gross for each proposed lot; and (c) identify any benefit or burden of covenants for each proposed lot; and (d) mark each proposed lot with a distinct number. (2) The Registrar-General must not register the plan unless: (a) each registered owner and mortgagee, in relation to the lot to be subdivided, or a lot to be consolidated, has consented to the plan; and (b) a development permit has been issued under the Planning Act 1999 for the subdivision or consolidation. (3) Without limiting subsection (2), the Registrar-General may refuse to register the plan unless consents to the plan are provided by: (a) the lessee under any lease; (b) a person who has rights against the lot to be subdivided, or a lot to be consolidated, under a registered writ of execution; (c) a caveator under a caveat affecting any estate or interest in the lot to be subdivided, or a lot to be consolidated; (d) a person with an interest under an easement; (e) a person with an interest under a restrictive covenant; or (f) any other registered proprietors of any interest in or in respect of the lot to be subdivided, or a lot to be consolidated. (4) The Registrar-General must not require a consent referred to in subsection (3) unless he or she is of the view that the rights under law of a person would be adversely affected by registering the plan. (5) In determining whether the rights of a person are affected, the Registrar-General must have regard to the Registrar-General's

Land Title Act 2000 35 (6) The Registrar-General may without giving notice to any person, dispense with the requirement for a person to give his or her consent under this section on receiving from the person seeking to register the plan: (a) a written application; and (b) an indemnity that the Registrar-General considers appropriate. (7) Nothing in this section affects or prejudices a remedy that a person has because of the registering of the plan without the person having given his or her consent. (8) If the remedy is an action in damages, the damages with costs may be recovered against the Registrar-General if: (a) the person against whom the remedy is available ceases to be liable to pay damages; or (b) the person who is liable to pay the damages is bankrupt, insolvent or cannot be found within Australia. (9) If the remedy is an action in damages and a person has failed to ensure that the address for the service of notices is accurate, the person is to be taken to have contributed to his or her loss and the court must take that into account in assessing damages. (10) The Registrar-General must not register a dealing that puts a subdivision or consolidation into effect unless there is a consent granted under Part 5 of the Planning Act 1999 in relation to the subdivision. (11) Without limiting the meaning of rights under law in subsection (4), a person's rights under a registered interest in land are, whilst the person retains the power to enforce those rights, not affected by the fact that a subdivision or consolidation of the land may increase the potentiality of a use of the land that may affect the person's use or enjoyment of any land. Note Some of the provisions in this section are applied (with changes) for the registration of a document relating to a subdivision or consolidation under the Unit Titles Act 1975 for section 7 or 9DA of the Real Property (Unit Titles) Act 1975.

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53 Particulars to be recorded on registration of plan In registering a plan of subdivision or a plan of consolidation, the Registrar-General must record in the land register: (a) particulars of each proposed lot that is not public use land; and (b) particulars of public use land within the meaning of the Planning Act 1999 for the purposes of section 64 of that Act.

54 Exclusion of road, railway and watercourse (1) A lot may be divided by a plan of subdivision, or consolidated with other lots by a plan of consolidation, even though there is a road, railway or watercourse within the boundaries of the lot that is not part of the lot. (2) However, the road, railway or watercourse is not included in any lot created by the plan, even though it may be within the boundaries of the lot.

54A Plan of subdivision and plan of consolidation (1) The Registrar-General: (a) must not register a plan of subdivision that subdivides land for the formation of a scheme unless the first scheme statement of the scheme is also registered at the same time; and (b) must not register a plan of subdivision or plan of consolidation that is inconsistent with the existing scheme statement of a scheme unless a subsequent scheme statement consistent with the plan is also registered at the same time. (2) Without limiting subsection (1)(b), the plan is inconsistent with a scheme statement if it provides for the implementation of a stage of development of the scheme otherwise than as indicated in the scheme statement as mentioned in section 65(2) of the Unit Title Schemes Act 2009.

54B Registration of scheme statement (1) The Registrar-General may register a scheme statement only if: (a) a request for the registration is lodged by a person who may, or is required to, lodge the statement under the Unit Title Schemes Act 2009 (the UTS Act); and

Land Title Act 2000 37 (b) the request is accompanied by: (i) the scheme statement containing the information, and accompanied by the documents, required by the UTS Act; and (ii) if the UTS Act requires a particular resolution for the decision of the body corporate to endorse the statement – evidence of the resolution; and (iii) the written consent of persons to the registration as prescribed by regulation; and (iv) for the first scheme statement of a scheme formed under section 71 or 72 of the UTS Act – a copy of the order or resolution mentioned in that section; and (v) for a subsequent scheme statement that reflects a plan of subdivision or plan of consolidation relating to the scheme land – the plan; and (vi) if the scheme is a member scheme of a layered scheme – a new scheme statement of another member scheme as prescribed by regulation; and (vii) for the first scheme statement of a scheme converted from a units plan or building development plan under section 111 of the UTS Act – any document prescribed by regulation; and (viii) any other document prescribed by regulation; and (c) the Registrar-General is satisfied: (i) the scheme statement and accompanying documents meet the requirements of the UTS Act; and (ii) for a scheme proposed to be a layered scheme or scheme intended to be developed progressively – the requirements for such a scheme under the UTS Act are met; and (iii) each of the scheme name, and body corporate name, specified in the statement has not been used for another scheme, reserved under section 54C, or is otherwise inappropriate to be used for a scheme (including, for example, because it is offensive).

Land Title Act 2000 38 (2) When registering a scheme statement, the Registrar-General must: (a) create an indefeasible title for each of the following in the land register: (i) each unit of the scheme; (ii) the common property of the scheme; and (b) for the first scheme statement of a scheme – allocate: (i) a unique identifying number as the registration number of the scheme; and (ii) a unique identifying number as the registration number of the body corporate of the scheme; and (c) for a subsequent scheme statement replacing another scheme statement of a scheme – cancel the registration of the other scheme statement; and (d) for the first scheme statement of a scheme formed by the amalgamation of 2 or more basic schemes under section 72 of the UTS Act – cancel the registration of the scheme statements of the basic schemes; and (e) for the first scheme statement of a scheme converted from a units plan or building development plan under section 111 of the UTS Act – cancel the registration of the plan. (3) The indefeasible title for the common property created under subsection (2)(a)(ii) is free of any interest previously existing in the lot constituting the property, other than an interest prescribed by regulation. (4) Without limiting subsection (3), a regulation may prescribe an easement under the Planning Act 1999 as an interest for that subsection.

54C Reservation of scheme name and body corporate name (1) A person may apply to the Registrar-General for the reservation of 1 or both of the following for a proposed scheme: (a) a scheme name; (b) a body corporate name. (2) The application must specify the proposed scheme land and each name to be reserved.

Land Title Act 2000 39 (3) The Registrar-General must refuse to reserve a name if: (a) it has already been used for another scheme; or (b) it has already been reserved under this section; or (c) the Registrar-General otherwise considers it is inappropriate to be used for a scheme (including, for example, because it is offensive). (4) The reservation ceases to have effect at the earliest of the (a) the end of 2 years after the Registrar-General reserved the name; (b) if the applicant applied for an extension before the end of the 2 years – the end of a further period specified by the Registrar-General that is not longer than 1 year; (c) if the applicant withdraws the application – the time of the withdrawal.

54D Registration of statement reflecting approved reinstatement process The Registrar-General may register a subsequent scheme statement reflecting an approved reinstatement process as defined in section 58(1) of the Unit Title Schemes Act 2009 only if: (a) a statement specifying the process has been lodged; and (b) if the implementation of the process requires the registration of a plan of subdivision or plan of consolidation – the plan has been lodged.

54E Registration of documents required for termination of scheme (1) If a scheme is proposed to be terminated under section 72 of the Unit Title Schemes Act 2009 (the UTS Act), the prescribed fee must be paid to the Registrar-General and the following documents must be lodged: (a) a plan of termination for the scheme as prescribed by regulation; (b) the written consent of persons as prescribed by regulation; (c) the order or resolution mentioned in that section.

Land Title Act 2000 40 (2) The documents must be lodged by the body corporate of the scheme. (3) If the Registrar-General is satisfied the proposed termination complies with the UTS Act – the Registrar-General must: (a) register the documents; and (b) cancel the registration of the scheme statement of the scheme; and (c) cancel the registration of each plan of subdivision and plan of consolidation relating to the scheme as prescribed by regulation; and (d) cancel any particulars in the land register about the scheme as prescribed by regulation.

54F Registration and cancellation of disclosure statement (1) The Registrar-General may register a disclosure statement only if: (a) it contains the information mentioned in section 45(2) of the Unit Title Schemes Act 2009 (the UTS Act); and (b) it has been signed and lodged by or for the seller mentioned in section 45(3)(a) of the UTS Act; and (c) it is accompanied by each document prescribed by regulation as mentioned in section 45(3)(b) of the UTS Act. (2) The Registrar-General must cancel the registration of a disclosure statement (the defective statement) when, as provided in section 46 of the UTS Act, a replacement scheme disclosure statement is registered to replace the defective statement. (3) If the person who gave a disclosure statement under the UTS Act ceases to be the owner of the unit to which the statement relates, the registration of the statement ceases to have effect.

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54G Registration of documents required for termination of development (1) If a development is to be terminated under Part 3, 4 or 5 of the Termination Act, the prescribed fee must be paid to the Registrar- General, and the following documents must be lodged as mentioned in section 19 of that Act: (a) the plan of termination for the development as prescribed by regulation; (b) the written consent of persons as prescribed by regulation; (c) if Part 4 of the Termination Act applies – a certificate from the schemes supervisor stating that there is no impediment to the termination of the development; (d) if applicable, the order of termination of the Tribunal made under section 17, or the order of the Supreme Court made under section 18, of the Termination Act, on or after the day on which it takes effect; (e) the resolution mentioned in section 7 or 11 of the Termination Act. (2) The documents must be lodged by: (a) if Part 3 or 5 of the Termination Act applies – the body corporate of the development; or (b) if Part 4 of the Termination Act applies – the proponent. (3) If the Registrar-General is satisfied that the proposed termination complies with the Termination Act, including that any order for the termination of the development has taken effect under section 17(6) of that Act, the Registrar-General must: (a) register the documents; and (b) cancel the registration of the development; and (c) cancel any particulars in the land register about the development as prescribed by regulation; and

Land Title Act 2000 42 (d) create one indefeasible title for the lot that comprised the development land and register: (i) the persons who were the owners of the units immediately before the termination to be the owners of the lot as tenants in common; and (ii) the interest of each of the persons mentioned in subparagraph (i) in the lot in accordance with the interest entitlements of the development as in force immediately before the termination; and (iii) each person who was the registered proprietor of an easement over the common property of the development immediately before the termination to be the registered proprietor of an easement over the part of the lot that had been the common property as if the easement had originally been over the part of the lot; and (iv) each person who was the registered proprietor of an easement over a unit in the development immediately before the termination to be the registered proprietor of an easement over the part of the lot that had been the unit as if the easement had originally been over the part of the lot; and (v) each person who was the registered proprietor of a mortgage of a unit in the development immediately before the termination to be the registered proprietor of a mortgage of the interest of the person who had been the owner of the unit; and (vi) each person who was the registered proprietor of an interest, other than an interest as lessee or an interest mentioned in subparagraph (iii), (iv) or (v), in a unit or the common property of the development immediately before the termination to be a registered proprietor of the same interest in the equivalent part of the lot; and (vii) any other interest required to be registered by order of the Tribunal. (4) In this section: body corporate, see section 4 of the Termination Act. development, see section 4 of the Termination Act.

Land Title Act 2000 43 owner, in relation to a unit in a development: (a) means: (i) if the development is a scheme – the unit owner under the Unit Title Schemes Act 2009; or (ii) otherwise – the proprietor of the unit under the Unit Titles Act 1975; and (b) includes a person who has a share of the ownership of the unit as a joint tenant or tenant in common. proponent, see section 4 of the Termination Act. schemes supervisor, see section 5 of the Unit Title Schemes Termination Act means the Termination of Units Plans and Unit Title Schemes Act 2014.

56 Registering life interests The Registrar-General may record in the land register an interest in a lot for life and an interest in remainder in a lot in the way the Registrar-General considers appropriate.

57 Registering co-owners (1) In registering an instrument transferring an interest to co-owners, the Registrar-General must also register the co-owners as holding their interests as tenants in common or as joint tenants. (2) Subject to this section, if the instrument does not show whether co-owners are to hold as tenants in common or as joint tenants, the Registrar-General must register the co-owners as tenants in common. (3) If the instrument was lodged before the commencement of this Act and the instrument does not show whether the co-owners are to hold as tenants in common or as joint tenants, the Registrar- General must register the co-owners as joint tenants. (4) If the instrument was lodged before the commencement of this Act, the Registrar-General may register the co-owners as joint tenants if he or she is satisfied that the co-owners intended to hold as joint tenants.

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58 Separate indefeasible titles for tenants in common (1) If a lot is, or is to be held, by 2 or more registered owners as tenants in common, the Registrar-General may create a separate indefeasible title for the interest of each owner by including a separate set of particulars in the land register for the interest of each owner. (2) The Registrar-General may act under this section at the request of an owner.

59 Severing joint tenancy (1) A registered owner of a lot that is subject to a joint tenancy may unilaterally sever the joint tenancy by registering a transfer executed by the registered owner. (2) The Registrar-General must not register the instrument of transfer unless the registered owner satisfies the Registrar-General that a copy of the instrument has been given to all other joint tenants. (3) On the instrument of transfer being registered, the registered owner becomes entitled as a tenant in common with the other registered owners. (4) If there are more than 2 joint tenants of the lot, the joint tenancy of the other registered owners is not affected.

60 Registering transfer (1) Subject to subsections (2) and (3), a lot or an interest in a lot may be transferred by registering an instrument of transfer for the lot or interest. (2) To remove any doubt, except as provided in subsection (4), a part of a lot cannot be transferred. (3) A covenant in gross may only be transferred to a body referred to in section 168 of the Law of Property Act 2000. (4) Subsection (2) does not prevent the transfer of a part of a lot: (a) where there has been a compulsory acquisition;

Land Title Act 2000 45 (b) where the subdivision is an excluded subdivision in terms of the Planning Act 1999; (c) where the transfer is occurring as part of the obligations of the Registrar-General under the Control of Roads Act 1953; or (d) in prescribed circumstances.

61 Requirements of instrument of transfer (1) An instrument of transfer for a lot or any interest in a lot must: (b) include particulars sufficient to identify: (i) the lot to be transferred; or (ii) the lot to which the interest applies; (c) include the value of the lot and the details of any consideration; and (d) for an interest in a lot – include a description sufficient to identify the interest to be transferred. for an instrument of transfer may require to be included in the (3) In specified classes of cases, the Registrar-General may, in accordance with the Registrar-General's directions, waive the requirements that: (a) the transfer be executed by the transferee; or (b) the value of the lot be included in the instrument of transfer.

62 Effect of registration of transfer (1) On an instrument of transfer for a lot or an interest in a lot being registered, all the rights, powers, privileges and liabilities of the transferor in relation to the lot vest in the transferee. (2) Without limiting subsection (1), the registered transferee of a registered mortgage is bound by and liable under the mortgage to the same extent as the original mortgagee. (3) Without limiting subsection (1), the registered transferee of a registered lease is bound by and liable under the lease to the same extent as the original lessee.

Land Title Act 2000 46 (4) In this section, rights, in relation to a mortgage or lease, includes the right to sue on the terms of the mortgage or lease and to recover a debt or enforce a liability under the mortgage or lease.

63 Transfer of mortgaged lot (1) If a lot, or an interest in a lot, that is subject to a registered mortgage is transferred, the transferee is liable: (a) to comply with the terms of the mortgage and the terms implied by an Act; and (b) to indemnify the transferor against liability under the mortgage and under this or another Act. (2) If a lot is transferred to a mortgagee of the lot, the Registrar- General must register the mortgagee as registered owner released from the mortgage. (3) The Registrar-General must act under subsection (2) unless the mortgagee asks the Registrar-General not to act under the subsection.

64 Transfer pursuant to statutory vesting or grant (1) If the Registrar-General is satisfied that land or any interest in land has become vested in or granted to a person by or under an Act (including an Act of the Commonwealth), the Registrar-General: (a) must make in the land register entries in relation to the land that he or she considers necessary in connection with the vesting or grant; and (b) may issue certificates as to title that he or she thinks fit in consequence of the vesting or granting of the land or interest and, if it is necessary or appropriate, cancel any existing certificate as to title. (2) The Registrar-General may exercise the power conferred by subsection (1): (a) on an application in the appropriate form; or (b) on his or her own motion.

64A Disclaimer in bankruptcy – land (1) The Registrar-General may register a disclaimer of a lot or an interest in a lot (except a lease) under a law about bankruptcy only if the disclaimer and a request to register it is lodged.

Land Title Act 2000 47 (2) The disclaimer operates as a surrender of the lot or interest in the lot on it being registered. (3) If the lot or the interest in the lot is mortgaged, a mortgagee may apply to the Registrar-General to register a notice of foreclosure. (4) A notice of foreclosure must be accompanied by the disclaimer. (5) On the notice of foreclosure being registered: (a) the estate or interest of the bankrupt in the lot or interest in the lot vests in the mortgagee free from all other charges; and (b) the Registrar-General must register the mortgagee as registered proprietor of the lot or interest in the lot. (6) A notice of foreclosure must not be registered unless the Registrar-General is satisfied that the mortgagee: (a) has given 14 days written notice of the mortgagee's intended application to every subsequent mortgagee of the lot or interest in the lot; or (b) has obtained the written consent of every subsequent mortgagee of the lot or interest in the lot. (7) A subsequent mortgagee may pay to the mortgagee the amount due to the mortgagee under the mortgage, with costs, at any time before foreclosure. (8) On paying the amount under subsection (7), the subsequent mortgagee is entitled to a transfer from the mortgagee of the

65 Registering a lease A lot or part of a lot may be leased by registering an instrument of lease for the lot or part of the lot.

66 Requirements of instrument of lease (1) An instrument of lease must: (b) include a description sufficient to identify the lot or part of the lot to be leased; and

Land Title Act 2000 48 (c) include an acknowledgement of the rent paid or payable and details of other consideration. (2) If the instrument of lease is for part of the lot, the instrument must also include: (a) a sketch plan identifying the part of the lot drawn to a standard to the Registrar-General's satisfaction or a plan of survey identifying the part of the lot, if required by the Registrar- General; and (b) if required by the Planning Act 1999 – consent under Part 5 of the Planning Act 1999. (3) However, the Registrar-General must allow the part of the lot to be identified by a description alone if the Registrar-General is satisfied the part of a lot is sufficiently identified by the description in the (4) This section does not limit the matters that the appropriate form for an instrument of lease may require to be included in the instrument.

67 Validity of lease or amendment of lease against mortgagee A lease or amendment of a lease executed after registration of a mortgage of a lot is valid against the mortgagee only if the mortgagee consents to the lease or amendment before its

68 Renewing and extending a lease (1) The Registrar-General may register the renewal or an extension of the term of a lease. (2) The Registrar-General may record in the land register that a lease has expired. (3) Despite that a lease has on the face of the land register expired without having been renewed or extended, the Registrar-General may register a notice executed by the lessee and the lessor that sets out that the lease has been extended or renewed. (4) For the purposes of sections 188 and 189, the date of the registration of a notice under subsection (3) is the date of registration of the lease as renewed or extended.

Land Title Act 2000 49

69 Amending a lease (1) In this section, term, of a registered lease, includes a period of possession under the lease because of: (a) the exercise of an option to renew in the lease; or (b) a registered instrument of amendment extending the term of the lease. (2) A registered lease may be amended by registering an instrument of amendment of the lease. (3) However, the instrument of amendment must not: (a) add or remove a party to a lease; or (b) be lodged after the lease's term has ended. (4) The procedure for amending a lease is in addition to other rights that are not inconsistent with this Act.

70 Re-entry by lessor (1) If a lessor under a registered lease lawfully re-enters and takes possession under the lease or an Act, the lessor may lodge a request for the Registrar-General to register the re-entry. (2) The registering of the request for the re-entry does not release the lessee from liability in respect of a breach of any covenant, either express or implied, in the lease.

71 Surrendering lease (1) A registered lease may be wholly or partly surrendered by operation of law or by registering an instrument of surrender of the lease executed by the lessor and the lessee. (2) However, a registered lease may be surrendered by registering an instrument of surrender only with the consent of every registered mortgagee and registered sublessee of the lessee. (2A) In addition, if a registered lease (the surrendered lease) has been wholly or partly surrendered by operation of law, the Registrar-General may register an instrument evidencing the surrender if satisfied every registered mortgagee and registered sublessee of the lessee under the surrendered lease has been given written notice of the surrender.

Land Title Act 2000 50 (3) If an instrument of surrender is lodged, the Registrar-General must: (a) register the instrument; and (b) record the date of surrender specified in the instrument in the (4) The interest of the lessee in a registered lease vests in the lessor on registering the instrument of surrender. (5) The Registrar-General may make an entry in the land register of the surrender of a lease on receiving an application in the prescribed form from the lessor and the lessor producing any evidence that the Registrar-General may require that the lessee has abandoned his or her occupation of the land comprised in the lease. (6) This section does not apply to a surrender or disclaimer under a law about bankruptcy.

72 Disclaimer in bankruptcy – leases (1) The Registrar-General may register a disclaimer of a lease only if the disclaimer and a request to register it is lodged. (2) The disclaimer operates as a surrender of the lease on it being (3) If the lease is mortgaged, a mortgagee may apply to the Registrar- General to register a notice of foreclosure. (4) A notice of foreclosure must be accompanied by the disclaimer. (5) On the notice of foreclosure being registered: (a) the estate or interest of the bankrupt in the lease vests in the mortgagee free from all other charges; and (b) the Registrar-General must register the mortgagee as registered proprietor of the lease. (6) A notice of foreclosure must not be registered unless the Registrar- General is satisfied that the mortgagee: (a) has given 14 days written notice of his or her intended application to every subsequent mortgagee of the lease; or (b) has obtained the written consent of every subsequent mortgagee of the lease.

Land Title Act 2000 51 (7) A subsequent mortgagee may pay to the mortgagee the amount due to the mortgagee under the mortgage, with costs, at any time before foreclosure. (8) On paying the amount under subsection (7), the subsequent mortgagee is entitled to a transfer from the mortgagee of the

73 Validity of unregistered lease Despite section 184, but subject to sections 188 and 189, an unregistered lease of a lot or part of a lot operates as a lease at law as between the parties to the document creating the lease.

74 Mortgaging lot etc. by registration A lot or an interest in a lot may be mortgaged by registering an instrument of mortgage for the lot or interest.

75 Requirements of instrument of mortgage (1) An instrument of mortgage must: (b) include a description sufficient to identify the lot to be mortgaged; (c) include a description of the debt or liability secured by the mortgage; and (d) include a description sufficient to identify the interest to be mortgaged. for an instrument of mortgage may require to be included in the form.

76 Effect of registering a mortgage A registered mortgage of a lot or an interest in a lot operates only as a charge on the lot or interest for the debt or liability secured by the mortgage.

Land Title Act 2000 52

77 Equitable mortgage (1) An equitable mortgage of a lot may be created by leaving a certificate as to title with the mortgagee. (2) Subsection (1) does not affect the ways in which an equitable mortgage may be created.

78 Amending a mortgage (1) A registered mortgage may be amended by registering an instrument of amendment of the mortgage. (2) An instrument of amendment cannot add or remove a party to the

78A Original mortgagee to confirm identity of mortgagor (1) This section applies to: (a) the mortgaging of a lot or an interest in a lot; and (b) an amendment of a mortgage mentioned in paragraph (a). (2) Before the instrument of mortgage or amendment of mortgage is registered, the mortgagee under the instrument (the original mortgagee) must ensure the person who is the mortgagor under the instrument is identical to the person who is, or who is about to become, the registered proprietor of the lot or the interest in a lot. (3) For subsection (2): (a) a person is the mortgagor under an instrument of mortgage or amendment of mortgage if the person executes the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (NT); and (b) a person is the mortgagor under an instrument of mortgage or amendment of mortgage if the instrument is an electronic conveyancing document and the person signs, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (NT): (i) is required as a supporting document for the instrument of mortgage or instrument of amendment of mortgage; and (ii) is required to be kept by the original mortgagee.

Land Title Act 2000 53 (4) An original mortgagee commits an offence if the original mortgagee does not comply with subsection (2). (5) An offence against subsection (4) is an offence of strict liability. (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence. Note for subsection (6) (7) An original mortgagee must, for 7 years after the instrument is registered, and whether or not there is registered a transfer of the interest constituted by the mortgage: (a) keep, in the approved form, a written record of the steps taken under subsection (2); or (b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2). (8) An original mortgagee commits an offence if the original mortgagee does not comply with subsection (7). Maximum penalty: 50 penalty units. (9) An offence against subsection (8) is an offence of strict liability. (10) It is a defence to a prosecution for an offence against subsection (8) if: the defendant from complying with subsection (7). Note for subsection (10)

Land Title Act 2000 54 (11) The Registrar-General may, whether before or after the registration of the instrument and whether or not there has been registered a transfer of the interest constituted by the mortgage, ask an original mortgagee: (a) to advise the Registrar-General about the steps taken by the original mortgagee under subsection (2); and (b) to produce for the Registrar-General's inspection the written record mentioned in subsection (7)(a) or the originals or copies mentioned in subsection (7)(b). (12) An original mortgagee commits an offence if the original mortgagee does not comply with a request under subsection (11). Maximum penalty: 20 penalty units. (13) An offence against subsection (12) is an offence of strict liability. (14) It is a defence to a prosecution for an offence against subsection (12) if the defendant has a reasonable excuse. Note for subsection (14)

79 Amending priority of mortgages (1) The priority of registered mortgages may be amended by registering an instrument amending priority. (2) The instrument amending priority must: (a) specify the order of priority of all affected registered mortgages; and (b) be executed by all mortgagees affected by the amendment. (3) On the instrument being registered the mortgages have priority in the order specified in the instrument. (4) If there is a registered mortgage intervening between any 2 mortgages whose priority an instrument under subsection (1) purports to vary, the Registrar-General must not register the memorandum unless the proprietor of the intervening mortgage is also a party to it.

80 Powers of mortgagee (1) A registered mortgagee of a lot has the powers and liabilities of a mortgagee under Part 7 of the Law of Property Act 2000.

Land Title Act 2000 55 (2) The powers in this section are in addition to other powers exercisable by the mortgagee.

81 Effect of transfer after sale by mortgagee (1) If an instrument of transfer executed by a registered mortgagee after the exercise of the power of sale under the mortgage is registered, registration of the instrument vests in the transferee the mortgagor's interest that is transferred, free from liability under: (a) the mortgage and (except where the mortgagor is the purchaser) any other mortgage registered after it; and (b) any other interest registered after it except: (i) a lease, easement or covenant to which the mortgagee has consented in writing or to which he or she is a party; or (ii) a mortgage, easement or other right that is for any reason binding on the mortgagee. (2) The registration of a transfer by a mortgagee exercising a power of sale is not prevented by a caveat or an instrument that has effect as a caveat if the caveat or instrument relates to an estate, interest or right to which the mortgage has priority. (3) On the transfer being registered any caveat and the registration of any instrument referred to in subsection (2) is to be taken to have been cancelled.

81A Mortgage transferee to confirm identity of mortgagor (1) This section applies to the transfer of the interest constituted by the mortgage of a lot or an interest in a lot. (2) Before the instrument of transfer is lodged for registration, the transferee under the instrument of transfer (the mortgage transferee) must take reasonable steps to ensure the person who was the mortgagor under the instrument of mortgage was identical to the person who, when the instrument of mortgage was registered, was the registered proprietor of the lot, or the interest in a lot. (3) For subsection (2): (a) a person was the mortgagor under an instrument of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the

Land Title Act 2000 56 Electronic Conveyancing National Law (NT); and (b) a person was the mortgagor under an instrument of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (NT): (i) was required as a supporting document for the instrument of mortgage; and (ii) was required to be kept by the original mortgagee mentioned in section 78A(2). (4) A mortgage transferee commits an offence if the mortgage transferee does not comply with subsection (2). (5) An offence against subsection (4) is an offence of strict liability. (6) A mortgage transferee must, for 7 years after the instrument of transfer of the mortgage is registered and whether or not there is registered a further transfer of the interest constituted by the mortgage: (a) keep, in the approved form, a written record of the steps taken under subsection (2); or (b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2). (7) A mortgage transferee commits an offence if the mortgage transferee does not comply with subsection (6). Maximum penalty: 50 penalty units. (8) An offence against subsection (7) is an offence of strict liability. (9) It is a defence to a prosecution for an offence against subsection (7) if:

Land Title Act 2000 57 the defendant from complying with subsection (6). Note for subsection (9) (10) The Registrar-General may, whether before or after the registration of the instrument of transfer of the mortgage, and whether or not there has been registered a further transfer of the interest constituted by the mortgage, ask the mortgage transferee: (a) to advise the Registrar-General about the steps taken by the mortgage transferee under subsection (2); and (b) to produce for the Registrar-General's inspection the written record mentioned in subsection (6)(a) or the originals or copies mentioned in subsection (6)(b). (11) A mortgage transferee commits an offence if the mortgage transferee does not comply with a request under subsection (10). Maximum penalty 20 penalty units. (12) An offence against subsection (11) is an offence of strict liability. (13) It is a defence to a prosecution for an offence against subsection (11) if the mortgage transferee has a reasonable excuse. Note for subsection (13)

82 Liability of mortgagee in possession of leased lot (1) A mortgagee of a leasehold interest in a lot who enters into possession under the lease (whether by taking the rents or profits or in another way) is liable under the lease to the same extent as the lessee was liable under the lease before the mortgagee entered into possession. (2) However, the liability of the mortgagee under the lease is limited to the amounts of rents, profits or other benefits received by the mortgagee during the mortgagee's possession.

Land Title Act 2000 58

83 Discharge of mortgage (1) On an instrument discharging a mortgage being lodged, the Registrar-General may register the discharge to the extent shown in the instrument. (2) The instrument of discharge may discharge the debt or liability secured for: (a) all or part of the mortgage; or (b) one or more of the mortgagors. (3) On the instrument of discharge being registered: (a) the mortgage is discharged; and (b) the lot is released from the mortgage, to the extent shown in the instrument.

84 Discharge of annuity (1) On an application being made in accordance with subsection (2), the Registrar-General must make an entry in the land register noting that an annuity or sum of money is satisfied and discharged. (2) The application is to be in the appropriate form and is to be accompanied by: (a) proof of: (i) the death of the annuitant; or (ii) the occurrence of the event or circumstance on which the annuity or sum of money secured ceases to be payable in accordance with the mortgage; and (b) proof that all arrears of the annuity or money have been paid, satisfied or discharged. (3) On the entry being made in the land register, a lot comprised in the mortgage ceases to be subject to or liable for the annuity or sum of money.

85 Registering order for foreclosure (1) The Registrar-General may, on application, register an order for foreclosure made under the Law of Property Act 2000.

Land Title Act 2000 59 (2) An application under subsection (1) is to contain the information that is prescribed under this Act or another Act or under any rules of court.

85A Cancellation of registration of mortgage by Registrar-General The Registrar-General may cancel the registration of a mortgage if: (a) the person by or on whose behalf the mortgage was signed or executed as mortgagor (the purported mortgagor) is not the registered proprietor of land subject to the mortgage; and (b) the mortgagee: (i) failed to comply with a requirement under this Act or the Electronic Conveyancing National Law (NT) to verify the purported mortgagor's identity or authority to enter into the mortgage; or (ii) if the mortgage was transferred to the mortgagee – failed to comply with a requirement under this Act to establish that the transferor complied with an obligation imposed on the transferor, as mortgagee, to verify the purported mortgagor's identity or authority to enter into the

86 Registration of statutory charges (1) A person for whose benefit a statutory charge is established by or under a law in force in the Territory may apply to the Registrar- General to have the charge registered. (2) The application is to be the appropriate form and accompanied by the prescribed fee. (3) On receiving the application, the Registrar-General must register the statutory charge. (4) The Registrar-General must give notice of the registration of the statutory charge to all persons who have a registered interest in the land the subject of the charge.

87 Deemed mortgage (1) The registered owner of a lot that is subject to a registered statutory charge relating to the payment of money is to be taken to have executed an instrument of mortgage to secure the payment of the statutory charge subject to the terms and conditions, if any, under

Land Title Act 2000 60 the law by which the statutory charge was established. (2) The person entitled to the benefit of the statutory charge is to be taken to be the mortgagee of the deemed mortgage referred to in subsection (1), and has the powers of a mortgagee under this Act.

88 Priority and effect of statutory charges (1) An overriding statutory charge prevails over all other interests in the lot to which it relates, except a pre-existing overriding statutory charge recorded in the land register. (2) Unless a statutory charge is registered: (a) a restriction imposed by the statutory charge on the use of or dealing with the lot does not exist; or (b) a power arising under the statutory charge in relation to the lot is not exercisable.

89 Statutory charges and power of sale (1) Before the person entitled to the benefit of a statutory charge exercises a power of sale under the charge, the person must give to the registered owner of the land not less than 28 days notice of the proposed exercise of the power. (2) The notice is to: (a) be in the approved form; and (b) contain particulars of the action that the registered owner may take in order to avoid the exercise of the power of sale and the period within which the action may be taken. (3) If the registered owner does not take the action specified in the notice within the time specified, the person entitled to the benefit of the statutory charge may, subject to Part 7 of the Law of Property Act 2000, exercise the powers of a mortgagee concerning the sale or foreclosure of land.

90 Removing statutory charge (1) A person who has a registered interest in land that has been subject to a registered statutory charge for more than 5 years may apply to the Registrar-General to have the statutory charge removed. (2) The application is to be accompanied by the prescribed fee.

Land Title Act 2000 61 (3) On receiving the application, the Registrar-General is to give written notice of the application to the person entitled to the benefit of the charge. (4) The notice is to specify that if the person does not give the Registrar-General notice within the period specified in the notice, the Registrar-General will remove the statutory charge from the (5) The period specified in the notice cannot be less than 30 days. (6) If the person gives the Registrar-General notice in the appropriate form and pays the prescribed fee within the time specified in the notice, the Registrar-General must not remove the statutory charge from the land register. (7) If the person does not give the Registrar-General notice within the time specified in the notice, the Registrar-General must remove the statutory charge from the land register.

91 Creation of easement or easement in gross by registration Subject to Subdivision 2, an easement or an easement in gross over a lot may be created by registering: (a) a deed of grant granting or reserving an easement or easement in gross; or (b) an instrument of easement or easement in gross.

92 Requirements of instrument of easement or easement in gross (1) An instrument of easement must: (a) be validly executed; and (b) if required by the Registrar-General – include a plan of survey identifying the lot or part of a lot to be benefited by the easement and the lot or part of a lot to be burdened by the easement. (2) An instrument of easement in gross must:

Land Title Act 2000 62 (b) include a sketch plan identifying the lot or part of a lot to be burdened by the easement in gross; and (c) identify the persons having the benefit of the easement in gross. (3) This section does not limit the matters that the appropriate form for an instrument of easement or easement in gross may require to be included in the form.

93 Consents The instrument of easement or easement in gross must include the consents of all registered mortgagees of the lot burdened by the easement or easement in gross.

94 Limitation of easements or easements in gross An easement or easement in gross may be limited wholly or partly in height, depth or both.

95 Easement benefiting and burdening same registered owner's lots An instrument of easement may be registered even if: (a) the lot benefited and the lot burdened by the easement have, or are to have, the same registered owner; or (b) the owner of the lot benefited by the easement holds an interest in the lot burdened by the easement.

96 Same person becoming registered owner of benefited and If the same person becomes the registered owner of the lot benefited and the lot burdened by an easement, the easement is the easement; or

97 Owner of benefited land acquiring interest in burdened land An easement is not extinguished merely because the owner of the lot benefited by the easement acquires an interest, or a greater interest, in the lot burdened by the easement.

Land Title Act 2000 63

98 Extinguishment of easement or easement in gross (1) A registered easement or easement in gross may be wholly or partly extinguished by registering an instrument of extinguishment of the easement or easement in gross. (2) The instrument of extinguishment of an easement may be signed by: (a) the registered owners of the lots burdened and benefited by the easement; or (b) only the registered owner of the lot benefited by the easement. (3) The instrument of extinguishment of an easement in gross may be signed by only the person in whose favour the easement in gross is (4) Subject to this section, a registered easement may be extinguished only if all registered mortgagees and lessees of the lot benefited by the easement consent to the extinguishment. (5) Subsection (4) does not apply to a lessee who does not receive a benefit from the easement. (6) The Registrar-General must: (a) on the application of a person who has a registered interest in land that has been subject to a registered easement for more than 5 years; and (b) on payment of the prescribed fee, give written notice to the person entitled to the benefit of the registered easement. (7) The notice is to state that on the expiration of the period, of not less than 28 days as specified in the notice, the Registrar-General will remove the registered easement from the register unless within the period the person entitled to the benefit of the easement gives to the Registrar-General a notice in the approved form accompanied by the prescribed fee. (8) If the person does not give notice in accordance with subsection (7), the Registrar-General may remove the registered easement from the register.

Subdivision 2 Creating easements or easements in gross by registering plans of subdivision or consolidation Land Title Act 2000 64

99 Amending easement or easement in gross (1) A registered easement or easement in gross may be amended by registering an instrument of amendment of the easement or easement in gross. (2) An instrument of amendment cannot change a party to the easement or easement in gross. registered mortgagees of the lot burdened by the easement or easement in gross.

100 Application of Law of Property Act 2000 Divisions 1, 2, 3 and 5 of Part 9 the Law of Property Act 2000 apply to a registered easement or easement in gross. Subdivision 2 Creating easements or easements in gross by registering plans of subdivision or consolidation

101 Easement or easement in gross only created in accordance with this Subdivision The registering of a plan of subdivision, or a plan of consolidation, creates an easement or easement in gross only if the plan and any instrument of easement or easement in gross required by section 103 or lodged under section 105 are registered under this Subdivision.

102 Creation of easement or easement in gross by plan of An easement or easement in gross may be created by registering a plan of subdivision, or a plan of consolidation, showing: (a) the nature and location of the easement or easement in gross to be created; (b) the lot or part of the lot to be burdened by the easement or easement in gross; (c) in the case of an easement – the lot or part of a lot to be benefited by the easement; and (d) in the case of an easement in gross – the persons who have the benefit of the easement in gross.

Land Title Act 2000 65

103 Instrument of easement or easement in gross to be lodged If the easement or easement in gross to be created is not an easement or easement in gross having the rights or powers described in Schedule 3 to the Law of Property Act 2000, an appropriate instrument must be lodged with the plan.

104 Rights created on registration of plan and instrument On a plan and any instrument being registered under this Subdivision, the proposed easement or easement in gross is created and vests in the person entitled to the benefit of it.

105 Instrument of easement or easement in gross may be lodged An instrument of easement or easement in gross may be lodged with the plan of subdivision.

106 Creation of covenants and covenants in gross Subject to Subdivision 2, a covenant or a covenant in gross over a lot may be created by registering: (a) a deed of grant reserving a covenant or covenant in gross; or (b) an instrument of covenant or covenant in gross.

107 Requirements of instrument of covenant or covenant in gross (1) An instrument of covenant must: (a) be validly executed; and or part of the lot to be benefited by the covenant and the lot or part of the lot to be burdened by the covenant. (2) An instrument of covenant in gross must: or part of the land to be burdened by the covenant in gross; and (c) identify the person having the benefit of the covenant in gross.

Land Title Act 2000 66 (3) This section does not limit the matters that the appropriate form for an instrument of covenant or covenant in gross may require to be included in the form.

108 Consents The instrument of covenant or covenant in gross must include the consents of all registered mortgagees of the lot burdened by the covenant or covenant in gross.

109 Covenants benefiting and burdening same registered owner's lots An instrument of covenant may be registered even if: (a) the lot benefited and the lot burdened by the covenant have or are to have the same registered owner; or (b) the owner of the lot benefited by the covenant holds an interest in the lot burdened by the covenant.

110 Same person becoming registered owner of benefited and If the same person becomes the registered owner of the lot benefited and the lot burdened by a covenant, the covenant is the covenant; or

111 Owner of benefited land acquiring interest in burdened land A covenant is not extinguished merely because the owner of the lot benefited by the covenant acquires an interest or greater interest in the lot burdened by the covenant.

112 Extinguishment of covenants or covenants in gross (1) A registered covenant or covenant in gross may be extinguished by registering an instrument of extinguishment of the covenant or (2) The instrument of extinguishment of covenant may be signed by: (a) the registered owners of the lots burdened and benefited by the covenant; or

Land Title Act 2000 67 (b) only the registered owner of the lot benefited by the covenant. (3) The instrument of extinguishment of a covenant in gross may be signed by only the person in whose favour the covenant in gross is (4) Subject to this section, a registered covenant may be extinguished only if all registered mortgagees and lessees of the lot benefited by the covenant consent to the extinguishment. (5) Subsection (4) does not apply to a lessee who does not receive a benefit from the covenant. (6) A registered covenant may be extinguished in accordance with section 174 and Division 5 of Part 9 of the Law of Property Act 2000. (7) The Registrar-General must: (a) on the application of a person who has a registered interest in land that has been subject to a registered covenant for more than 5 years; and (b) on payment of the prescribed fee, give written notice to the person entitled to the benefit of the registered covenant. (7A) The notice is to state that on the expiration of the period, of not less than 28 days as specified in the notice, the Registrar-General will remove the registered covenant from the register unless within the period the person entitled to the benefit of the covenant gives to the Registrar-General a notice in the approved form accompanied by the prescribed fee. (8) If the person does not give notice in accordance with subsection (7A), the Registrar-General may remove the registered covenant from the register.

113 Amending covenant or covenant in gross (1) A registered covenant or covenant in gross may be amended by registering an instrument of amendment of the covenant or (2) An instrument of amendment cannot change a party to the covenant or covenant in gross.

Subdivision 2 Creating covenants by registering plans of subdivision or consolidation Land Title Act 2000 68 registered mortgagees of the lot burdened by the covenant or

114 Application of Law of Property Act 2000 Divisions 1, 4 and 5 of Part 9 of the Law of Property Act 2000 apply to a registered covenant or covenant in gross. Subdivision 2 Creating covenants by registering plans of

115 Covenant only created in accordance with this Subdivision Registration of a plan of subdivision, or a plan of consolidation, creates a covenant only if the plan and instrument of covenant are registered under this Subdivision.

116 Creation of covenant by plan of subdivision or consolidation (1) A covenant may be created by registering: (a) a plan of subdivision, or a plan of consolidation, showing clearly the lot or part of the lot to be benefited and the lot or part of the lot to be burdened by the covenant to be created on the plan's registration; and (b) an instrument of covenant validly executed. (2) The instrument must specify: (a) the nature of the covenant and its terms; and (b) the lot or part of the lot to be benefited and the lot or part of the lot to be burdened by the covenant. (3) For the avoidance of doubt, a lot may be shown on a the plan as having both the benefit and the burden of a covenant.

117 Rights created on registration of plan and instrument On a plan and instrument being registered under this Subdivision, the proposed covenant is created and vests in the person entitled to the benefit of it.

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118 Profit a prendre by registration A profit a prendre over a lot may be created by registering an instrument of profit a prendre.

119 Requirements of instrument of profit a prendre (1) An instrument of a profit a prendre must: or part of the lot to be burdened by the profit a prendre and the lot or part of the lot to be benefited by the profit a prendre; and (c) include a description of the profit a prendre to which the lot is to be burdened, including the period for which the profit a prendre is to be enjoyed. for an instrument of profit a prendre may require to be included in the form.

120 Profits a prendre benefiting and burdening same registered owner's lots If a lot is to be benefited by a profit a prendre, the instrument of a profit a prendre may be registered even if: (a) the lot benefited and the lot burdened by the profit a prendre have or are to have, the same registered owner; or (b) the owner of the lot benefited by the profit a prendre holds an interest in the lot burdened by the profit a prendre.

121 Same person becoming registered owner of benefited and If a lot is benefited by a profit a prendre, and the same person becomes the registered owner of the lot benefited and the lot burdened by the profit a prendre, the profit a prendre is the profit a prendre; or

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122 Owner of benefited land acquiring interest in burdened land If a lot is benefited by a profit a prendre, the profit a prendre is not extinguished merely because the owner of the lot benefited by the profit a prendre acquires an interest or a greater interest in the lot burdened by the profit a prendre.

123 Amending instrument of profit a prendre (1) A profit a prendre may be amended by registering an instrument of amendment of the profit a prendre. (2) An instrument of amendment cannot add or remove a party to the profit a prendre. registered mortgagees of the lot burdened by the profit a prendre.

124 Releasing or removing profit a prendre (1) On an instrument being lodged releasing a profit a prendre to which a lot is subject, the Registrar-General may register the release to the extent shown in the instrument of release. (2) On the instrument of release being registered, the profit a prendre is discharged, and the lot is released from the profit a prendre, to the extent shown in the instrument of release. (3) The Registrar-General may remove a profit a prendre from the indefeasible title for a lot if a request to remove the profit a prendre is lodged and it is clearly established that: (a) the period of time for which the profit a prendre was intended to subsist has ended; or (b) the event on which the profit a prendre was intended to end has happened.

125 How interest as trustee may be registered (1) A person may be registered as trustee of an interest in a lot only by the registration of: (a) an instrument transferring the interest to, or creating the interest in favour of, the person as trustee; or (b) a request to vest the interest in the person as trustee.

Land Title Act 2000 71 (2) For subsection (1)(b), a request to vest an interest in a lot in a person as trustee includes a request to give effect to an order of a court appointing the person as trustee for the sale of the lot.

126 Instrument of transfer to trustee (1) An instrument of transfer may be lodged: (a) to transfer an interest in a lot to a trustee; or (b) by the registered owner to declare that the registered owner holds the interest in a lot as trustee. (2) The Registrar-General may register the instrument of transfer.

127 Instrument to vest in trustee (1) A request to vest may be lodged to vest an interest in a lot in a trustee. (2) A request to vest must give effect to an order made under the Trustee Act 1893 or another Act. (3) The Registrar-General may register the request to vest. (4) The order referred to in subsection (2) must be deposited with the request to vest.

128 Sale, mortgage etc. by trustee In the absence of a caveat, a person registered as trustee of an interest in a lot is, for the purpose of a sale, mortgage or contract for valuable consideration of or relating to land under this Act, to be taken to be the absolute proprietor of the interest in the lot freed from all trusts.

129 Registering personal representative (1) A person may lodge an application to be registered as personal representative for a registered proprietor of a lot or an interest in a lot who has died. (2) The Registrar-General may register the lot or the interest in the lot in the name of the person as personal representative if: (a) the person has obtained a grant of representation or the resealing of a grant of representation in the Territory; and (b) the grant or resealing (or an office copy of the grant or resealing issued by the Supreme Court) is deposited.

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130 Form of application An application under section 129 must state: (a) the lot to which the application refers; (b) the interest for which registration is sought; and (c) the nature of other interests in the lot known to the applicant.

131 Transmission on bankruptcy (1) The Registrar-General may register a transmission of an interest in a lot under a law about bankruptcy only if a request to register the transmission is lodged. (2) A person registered as the holder of an interest in a lot under subsection (1) is to be taken to be the proprietor of the lot for the purpose of any dealing with the lot.

132 Registering writ of execution The Registrar-General may register a writ of execution only if a request to register it and an office copy of it is lodged.

133 Effect of registering writ of execution For purchasers, lessees, mortgagees and creditors, a writ of execution: (a) cannot bind or affect registered lots until it is registered, whether or not there is actual or constructive notice of the writ; and (b) binds or affects registered lots only if the writ is executed and put in force within: (i) 12 months after the date it is issued; or (ii) an extended time allowed by the court if the extension is filed and notified to the Registrar-General.

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134 Cancellation of registration Registration of a writ of execution may be cancelled if: (a) a request to cancel it is lodged; and (b) the Registrar-General is satisfied that the time or extended time for executing and putting the writ into force has ended.

135 Discharging or satisfying writ of execution (1) If a writ of execution has been satisfied or discharged, the Registrar-General may, on application, register that fact. (2) An application under subsection (1) is to be in the appropriate form and may be made by a registered proprietor of an interest in the

136 Transfer of lots sold in execution (1) If a lot is sold under a registered writ of execution, the sheriff or a registrar of the relevant court may execute an instrument of transfer to the purchaser. (2) On the transfer being registered, the transferee becomes the registered owner of the lot subject to: (a) registered interests; and (b) equitable mortgages notified by caveat lodged before the writ of execution was registered.

136A Effect on writ of execution of transfer after sale by mortgagee (1) Subsection (2) applies to a lot over which: (a) a mortgage is registered; and (b) a writ of execution is later registered in relation to the lot. (2) If the mortgagee of the lot signs a transfer of the lot after exercising power of sale under the mortgage: (a) registration of the writ of execution does not prevent registration of the transfer; and (b) on registration of the transfer, the Registrar-General must cancel registration of the writ of execution.

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137 Requirements of caveats (1) A caveat must be signed by or for the caveator. (2) The caveat must state: (a) the name of the caveator; (b) an address where documents can be served on the caveator; (c) unless the Registrar-General dispenses with it, the name and address of: (i) the registered owner of the lot affected by the caveat; and (ii) anyone else having the right to deal with the lot affected by the caveat; (d) the registered interest affected by the caveat; (e) the lot affected by the caveat or, if the caveat relates to only a part of a lot, a description of the affected part; (f) the interest claimed by the caveator; (g) the grounds on which the interest is claimed; and (h) the extent of the prohibitions as to dealings. (3) This section applies to all caveats under this Act.

138 Lodging caveat (1) A caveat may be lodged by any of the following: (a) a person claiming an interest in a lot; (b) the Registrar-General under section 18; (c) the registered owner of the lot; (d) a person to whom an Australian court has ordered that an interest in a lot be transferred; (e) a person who has the benefit of a subsisting order of an Australian court in restraining a registered proprietor from dealing with a lot.

Land Title Act 2000 75 (1A) A caveat lodged under subsection (1)(a), (c), (d) or (e) may be accepted by the Registrar-General. (1B) A caveat lodged under subsection (1)(b) is taken to be accepted by the Registrar-General. (2) A caveat may be lodged by the agent of a person referred to in subsection (1)(a), (c), (d) or (e).

139 Notifying caveat The Registrar-General must give written notice of lodgment of a caveat to each person whose interest or whose right to registration of an instrument is affected by the caveat.

140 Effect of lodging caveat (1) A caveat lodged under this Act prevents registration of another instrument affecting the lot over which the caveat is lodged from the date and time endorsed by the Registrar-General on the caveat as the caveat's date and time of lodgment. (2) Subsection (1) has effect for a caveat until the caveat lapses or is cancelled, rejected, removed or withdrawn. (3) The lodging of a caveat does not prevent registration of the (a) an instrument specified in the caveat as an instrument to which the caveat does not apply; (b) an instrument if the caveator consents to it being registered; (c) an instrument executed by a mortgagee whose interest was registered before the caveat was lodged if: (i) the mortgagee has power under the mortgage to execute the instrument; and (ii) the caveator claims an interest in the lot as security for the payment of money or money's worth; (d) an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before the caveat was lodged; (da) if the caveator is a person who has the benefit of an order mentioned in section 138(1)(e) – an instrument for a dealing other than a dealing restrained by the order;

Land Title Act 2000 76 (e) another interest that if it is registered will not affect the interest claimed by the caveator. Example for subsection (3)(da) A caveat lodged by a person who has the benefit of an order mentioned in section 138(1)(e) restrains the registered owner of a lot from transferring or mortgaging the lot. The lodgement of the caveat does not prevent registration of an instrument of lease for the lot. (4) The exceptions in subsection (3)(c) and (d) do not apply to a caveat lodged by the Registrar-General. (5) The exception in subsection (3)(d) does not apply to a caveat lodged by the registered owner.

141 Withdrawing caveat A caveator may withdraw a caveat by lodging a request to withdraw it.

142 Automatic lapsing of caveat (1) This section applies to a caveat unless: (a) it is lodged by the registered owner; (b) the consent of the registered owner, in the approved form, is deposited when the caveat is lodged; (c) an office copy of a court order mentioned in section 138(1)(d) or (e) is deposited when the caveat is lodged; (d) it is lodged by the Registrar-General under section 18; or (e) it is lodged other than under this Division. (1A) In addition to subsection (1), this section applies to a caveat lodged by the registered owner of a lot if: (a) the lot is subject to a mortgage; and (b) the grounds stated in the caveat relate to the actions of the mortgagee in relation to: (i) if the mortgage is registered – registration of the mortgage; or (ii) the mortgagee's power of sale. (2) Subject to this section, a caveat to which this section applies lapses at the time specified in subsection (5) or (7).

Land Title Act 2000 77 (3) A caveatee of a caveat to which this section applies may serve on the caveator a notice requiring the caveator to start a proceeding in a court to establish the interest claimed under the caveat. (4) The caveatee must notify the Registrar-General within 14 days of service of the notice on the caveator. (5) Except as provided in subsection (6), the caveat lapses: (a) 14 days after notice is served on the caveator under subsection (3); or (b) 3 months after the caveat is lodged under section 138, whichever is earlier. (6) Despite subsection (5), the caveat does not lapse: (a) if an appropriate proceeding has been started by the caveator and the Registrar-General has been notified of the proceeding; or (b) if the caveator, or the authorised agent of the caveator, notifies the Registrar-General within 14 days of being served with the notice under subsection (3) that he or she does not want the caveat to lapse and that he or she has started, or will start, a proceeding to establish the interest claimed under the caveat. (7) If a caveator, or the authorised agent of the caveator, has notified the Registrar-General under subsection (6)(b) that he or she will start a proceeding, the caveat lapses 3 months after the notice under subsection (3) was served on the caveator if the caveator does not, within that time, provide the Registrar-General with evidence that the proceedings have been started. (8) The Registrar-General may remove a caveat that has lapsed from the land register.

143 Removing caveat (1) A caveatee may at any time apply to the Supreme Court for an order that a caveat be removed. (2) The Supreme Court may make the order whether or not the caveator has been served with the application, and may make the order on the terms it considers appropriate.

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144 Cancelling caveat (1) The Registrar-General may cancel a caveat if a request to cancel the caveat is lodged and the Registrar-General is satisfied that: (a) the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; (b) the claim of the caveator has been settled by agreement or otherwise satisfied; or (c) the nature of the interest claimed does not entitle the caveator to prevent registration of an instrument that has been lodged. (2) The Registrar-General must notify the caveator of the Registrar- General's intention to cancel the caveat at least 7 days before cancelling it. (3) If an instrument that has been lodged will on being registered give full effect to an interest claimed in a caveat, the Registrar-General may remove the caveat immediately before registering the

145 Further caveat (1) A caveator or a person who was a caveator may not lodge another caveat for the lot on the same, or substantially the same, grounds unless the caveator or the person has the Supreme Court's leave to lodge the other caveat. (2) Subsection (1) applies irrespective of whether the caveat for the lot has lapsed or is withdrawn, cancelled or removed from the lot.

146 Compensation for improper caveat (1) A person who lodges or continues a caveat without reasonable cause must compensate anyone else who suffers loss or damage as a result. (2) In a proceeding for compensation under subsection (1), the Supreme Court may include in a judgment for compensation a component for exemplary damages. (3) In a proceeding for compensation under subsection (1), it must be presumed that the caveat was lodged or continued without reasonable cause unless the person who lodged or continued it proves that it was lodged or continued with reasonable cause.

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147 Notices to caveator (1) A notice to a caveator under this Division is sufficiently served if left at or sent to the address mentioned in section 137(2)(b). (2) If the Registrar-General is satisfied that a notice under this Division will not reach the caveator if served in the way mentioned in subsection (1), the notice may be served in a way specified in a written direction by the Registrar-General. (3) If the Registrar-General is notified and is satisfied that the name or address of the caveator has changed, the Registrar-General must record in the land register details of the new name and address. (4) The name or address recorded under subsection (3) becomes the name or address for service of a notice on the caveator.

148 Registration of power of attorney (1) The Registrar-General may, in accordance with the Powers of Attorney Act 1980, register an instrument creating or revoking a power of attorney. (5) The Registrar-General may register an instrument executed under a registered power of attorney without being satisfied that the power of attorney has not been revoked. (6) The Registrar-General must not register an instrument executed under a registered power of attorney if the instrument became effective after: (a) an instrument of revocation or disclaimer of the power of attorney is registered; or (b) someone else is registered as owner of the relevant lot after the death or bankruptcy of the donor.

149 Decision makers (1) This section applies in relation to a dealing that takes effect as a result of the exercise of authority by a decision maker.

Land Title Act 2000 80 (2) If, at the time the authority was purportedly exercised, an advance personal plan conferring authority to enter into the dealing on the decision maker was registered in the Advance Personal Planning (Part 4A) Register, the Registrar-General may register the dealing without needing to be satisfied: (a) that the plan has not been amended by an unregistered amendment; or (b) that the plan has not ceased to be in force; or (c) that the person purportedly exercising the authority has not ceased to be a decision maker; or (d) that circumstances exist that entitle the decision maker to exercise the authority. (3) However, the Registrar-General must not register the dealing if, before the time the authority was purportedly exercised, either of the following had been registered in the Advance Personal Planning (Part 4A) Register: (a) a notice that the person purporting to exercise the authority has ceased to be a decision maker; (b) a notice that the advance personal plan has ceased to be in force. (4) For this section, if an advance personal plan has been registered in the Advance Personal Planning (Part 4A) Register, the terms of the plan at a particular time are taken to be the terms of the plan when it was first registered, as amended by any amendments that have been registered in that Register before the time in question. (5) In this section: advance personal plan, see section 3 of the Advance Personal Planning Act 2013. Advance Personal Planning (Part 4A) Register, see section 55B of the Advance Personal Planning Act 2013. decision maker, see section 3 of the Advance Personal Planning Act 2013.

150 Persons under disability The Supreme Court may authorise a person to act for a registered proprietor of a lot who appears to the court to be incapable of managing the person's own affairs because, for example, of age or

Land Title Act 2000 81 mental or intellectual incapacity.

151 Acts for minors and by attorneys etc. (1) If: (a) an act is required or permitted to be done by or in relation to a person under this Act; and (b) the person is a minor or is mentally or intellectually impaired or incapable of managing his or her own affairs, the act may be done by or in relation to a person who is responsible by law for the management and care of the first person's interests. (2) If an act is required or permitted to be done by or in relation to a person under this Act, the act may be done by or in relation to the person's attorney appointed under this Division.

152 When instrument capable of registration An instrument is able to be registered only if: (a) it complies with this Act; (b) it appears on its face to be capable of being registered; and (c) it is an accompanied by any form of application that may be required by the Registrar-General under the Registrar- General's directions or required by this or another Act.

153 Lodging certificate as to title (1) Subject to this section, an instrument affecting a lot may only be registered if a certificate as to title for the lot is lodged. (2) Subsection (1) does not apply if there is not a current certificate as to title for the lot. (3) A certificate as to title need not be lodged if the lot is to receive the benefit of a covenant or the benefit of an easement.

Land Title Act 2000 82 (4) A certificate as to title need not be lodged with any of the following: (a) a request to register a writ of execution or any other court order; (b) a transfer in pursuance of a writ of execution; (c) a transfer in pursuance of a statutory charge; (d) a transfer in pursuance of a court order; (e) a caveat; (f) a statutory charge; (g) a statutory vesting under section 64; (h) an instrument of a class of instruments that the Registrar- General's directions have dispensed with production of the certificate as to title; (j) an instrument that the Registrar-General has dispensed with production of the certificate as to title.

154 Correcting unregistered instruments (1) The Registrar-General may correct an obvious error in a plan of survey that is lodged by: (a) drawing a line through the error without making the original words illegible; (b) including the correct information; and (c) dating and initialling the correction. (2) The Registrar-General may correct an obvious error in an instrument that is lodged (other than a plan of survey) by noting the correction on the instrument. (3) The Registrar-General may correct an obvious error in an instrument that is lodged only if the Registrar-General is satisfied that the instrument is incorrect and the correction will not prejudice the rights of a person. (4) An instrument corrected by the Registrar-General under this section has the same effect as if the relevant error had not been made.

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155 Requisitions (1) The Registrar-General may, in writing, give a requisition to a person who has lodged or deposited an instrument or other document requiring the person: (a) to re-execute, complete or correct the instrument or document if it appears to the Registrar-General to be wrong, incomplete or defective; or (b) to produce to the Registrar-General specified information, or deposit a specified instrument or document, in support of the person's application to register the instrument. (2) The Registrar-General may require the instrument, document or information to be verified by statutory declaration or affidavit. (3) The notice may: (a) specify when, and the place where, it must be complied with; and (b) if it relates to an electronic conveyancing document – be accompanied by a copy of the document. (4) The Registrar-General may extend the time for complying with the (5) The Registrar-General may refuse to deal with the instrument or document lodged or deposited by the person (and any instrument that depends on it for registration) until the person complies with the (6) The Registrar-General may give a requisition under subsection (7) in relation to an instrument or other document that is lodged if the Registrar-General is satisfied: (a) the instrument or document is not capable of registration; and (b) the reason the instrument or document is not capable of registration is not a matter for which a requisition may be given under subsection (1). (7) The Registrar-General may, in writing, give a requisition to the person who lodged the instrument or document, or to another person who reasonably appears to the Registrar-General to be relevantly associated with the instrument or document, stating: (a) that the instrument or document is not capable of registration; and

Land Title Act 2000 84 (b) why the instrument or document is not capable of registration. (8) A requisition given under subsection (7) may, if it relates to an electronic conveyancing document, be accompanied by a copy of the document.

156 Rejecting instrument or document after requisition given (1) The Registrar-General may reject an instrument or document to which a requisition relates and any instrument that depends on it for registration if: (a) for a requisition given under section 155(1) – the requisition is not complied with by a person within the time stated or extended by the Registrar-General; or (b) the requisition is given under section 155(7). (2) An instrument or document rejected under subsection (1) loses its priority under section 181 and must be returned by the Registrar- General to the person who lodged it. (3) A memorandum recording the rejection of an instrument or document under subsection (1) may be endorsed on the rejected instrument or in a separate record kept in the Land Titles Office. (4) An electronic conveyancing document that has been rejected under subsection (1) cannot be re-lodged. (5) Subject to subsection (4), this section does not prevent an instrument rejected under subsection (1)(a) being re-lodged after the requisition has been complied with.

157 Withdrawing lodged instrument before registration (1) The Registrar-General may withdraw an instrument or permit an instrument to be withdrawn if satisfied that: (a) the order in which the instrument has been lodged in relation to other instruments will not give effect to the intention expressed in it or a related instrument; or (b) the instrument should not have been lodged or cannot be given legal effect. Example for subsection (1)(b) An example of an instrument that cannot be given legal effect is a power of attorney that names the same person as principal and attorney.

Land Title Act 2000 85 (2) An instrument that is withdrawn under subsection (1) remains in the Land Titles Office unless the instrument is an instrument that should not have been lodged. (3) The Registrar-General may re-lodge an instrument that has been withdrawn by the Registrar-General. (4) On receiving a written application, the Registrar-General may re-lodge an instrument that the Registrar-General has permitted to be withdrawn. (5) An instrument withdrawn under subsection (1) loses its priority and is taken to have been lodged on the date and at the time endorsed on it by the Registrar-General at the time it is re-lodged.

158 Registrar-General may call in instrument for correction or cancellation The Registrar-General may require a person to deposit an instrument for correction or cancellation.

159 Execution and proof (1) For a corporation, an instrument is validly executed if: (a) it is executed in a way permitted by law; or (b) the instrument is sealed with the corporation's seal in accordance with section 48 of the Law of Property Act 2000. (2) For a natural person, an instrument is validly executed if: (a) it is executed in a way permitted by law; and (b) the execution is witnessed by a person mentioned in Schedule 1. (3) However, the Registrar-General may, in exceptional circumstances, register an instrument executed by a natural person even though the execution was not witnessed or was not witnessed by a person mentioned in Schedule 1. (4) The witnessing of an instrument may be proved in any way permitted by law. Note for section 159 Under section 9(3)(b) of the Electronic Conveyancing National Law (NT), if an instrument in the registry is digitally signed in accordance with the participation rules applicable to the instrument, the requirements of any other Territory law relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.

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160 Obligations of witness for natural person A person who witnesses an instrument executed by a natural person must: (a) first take reasonable steps to ensure that the person is the person entitled to sign the instrument; (b) have the person execute the document in the presence of the person; and (c) not be a party to the instrument.

161 Substitute instrument (1) If the Registrar-General is satisfied that a registered instrument has been lost or destroyed, the Registrar-General may issue a substitute instrument. (2) The Registrar-General may endorse on the substitute instrument: (a) that the instrument is a substitute replacing a lost or destroyed instrument; (b) the date that the substitute instrument was issued; (c) that the substitute instrument is to be used in place of the original instrument; (d) the location of the original instrument so far as it is known; and (e) other known circumstances of the loss or destruction. (3) On issuing the substitute instrument: (a) the substitute instrument becomes the registered instrument instead of the original instrument; and (b) the substitute instrument has the priority to which the original instrument was entitled. (4) The Registrar-General must record in the land register that the substitute instrument has been issued and the date it was issued.

162 Dispensing with production of instrument (1) The Registrar-General may dispense with the production of an

Land Title Act 2000 87 (1A) In addition, the Registrar-General may dispense with the production of a certificate of title of a lot if the Registrar-General is satisfied the certificate of title is held by a legal practitioner or conveyancing agent. (2) The Registrar-General may require evidence that a person seeking to deal with a relevant lot is the registered proprietor and that the instrument: (a) has been lost or no longer exists; and (b) is not deposited as security or for safe custody. (3) The Registrar-General must record in the land register that production of the instrument has been dispensed with and the date production of it was dispensed with.

163 Requiring plan of survey to be lodged (1) Subject to section 66, the Registrar-General may require a registered proprietor of a lot who proposes to transfer, lease or otherwise deal with all or part of the lot to lodge a plan, map or diagram if the Registrar-General considers that the plan, map or diagram is necessary or desirable for the purpose of registering or recording the dealing. (2) The plan, map or diagram lodged under subsection (1) must comply with the Registrar-General's directions as to its dimensions, the scale to which it is drawn and the information that it includes. (3) The Registrar-General may reject a plan, map or diagram that does not comply with the Registrar-General's directions or is inaccurate or deficient in any respect.

164 Pre-examination of plans (1) Nothing in this Act prevents the Registrar-General from examining a plan of survey and related instruments deposited before the plan: (a) is approved under the Licensed Surveyors Act 1983; (b) is approved under the Planning Act 1999; or (c) lodged for registration. (2) Section 155 applies to a plan and related instruments deposited under subsection (1).

Division 2 Standard terms documents forming parts of instruments Land Title Act 2000 88 (3) Nothing in this Act prevents the Registrar-General from examining a plan (of any kind) prepared for the purposes of any subdivision referred to in the Unit Titles Act 1975 at any time before the lodgment of the plan for the purposes of any approval or

165 Disposing of instrument in certain circumstances (1) The Registrar-General may, in accordance with a scheme to be prepared by him or her in consultation with the Northern Territory Archives Service, dispose of a document registered or deposited at the Land Titles Office that appears to the Registrar-General to be unnecessary for the purpose of establishing or evidencing any interest or right in or over land. (2) The scheme may provide for disposing of documents by their destruction, their sale, their delivery to a former registered proprietor, or their delivery to any person or body for preservation as being of historic interest. (3) Before destroying a document under this section, the Registrar- General must copy it in whatever way the Registrar-General considers appropriate unless exempted from doing so by regulations. (4) A document may be disposed of under this section only in accordance with the restrictions or limitations (if any) that may be prescribed by regulations.

166 Transferor must do everything necessary etc. A person who for valuable consideration executes an instrument to transfer or create an interest in a lot must do everything necessary to give effect to the terms and other matters stated in the instrument or implied by this or another Act. Division 2 Standard terms documents forming parts of instruments

167 Meaning of standard terms document In this Division, standard terms document means a document containing provisions that are treated as terms of an instrument to which the document is to apply or applies.

Division 2 Standard terms documents forming parts of instruments Land Title Act 2000 89

168 Standard terms document to which instrument refers may be registered (1) The Registrar-General or another person may lodge a standard terms document and may amend the document by lodging a further standard terms document. (2) The lodged standard terms document must be given a distinguishing reference and must be registered.

169 Standard terms document that is part of instrument All or part of a registered standard terms document, or an amended registered standard terms document, forms part of an instrument if the instrument: (a) says it forms part of the instrument; and (b) belongs to a class identified in the standard terms document as an instrument to which the standard terms document applies.

170 Instrument not limited to that contained in standard terms document (1) In addition to the provisions in a registered standard terms document, an instrument may include a provision incorporating other terms into the instrument. (2) If there is a conflict between the standard terms document and the terms in an instrument, the instrument prevails.

171 Withdrawal or cancellation of standard terms document (1) The Registrar-General may withdraw a registered standard terms document if asked to withdraw it by the person who lodged it. (2) The Registrar-General may cancel a registered standard terms document lodged by the Registrar-General after giving one month's notice in the Gazette. (3) The Registrar-General must keep and, if asked, produce for inspection a copy of a standard terms document cancelled or withdrawn under this section. (4) The withdrawing or cancelling of a standard terms document does not affect an instrument already registered or executed within 7 days after the document was withdrawn or cancelled.

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172 Standard terms document to be provided to other parties (1) If a standard terms document forms part of an instrument, the party who applies the document to the instrument must provide all other parties to the instrument with a copy of the document before the instrument is executed. (2) A person commits an offence if the person fails to comply with subsection (1). Maximum penalty: 20 penalty units. (3) An offence against subsection (2) is an offence of strict liability. (4) Despite this section, a failure to provide all other parties with a copy of the standard terms instrument before the instrument is executed does not affect the validity or effect of the instrument.

173 Registrar-General must register instruments (1) If a person lodges an instrument and complies with the requirements of this Act for its registration, the Registrar-General must register the instrument. (2) Subsection (1) does not prevent the person from withdrawing the

174 Registrar-General must give distinguishing reference to each instrument On registering an instrument affecting a lot, the Registrar-General must: (a) give the instrument a distinguishing reference; and (b) record the reference in the particulars in the land register about the lot.

175 How instrument is registered The Registrar-General registers an instrument in the land register by recording in the land register the particulars necessary to identify the instrument.

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176 Registration statement On registering an instrument, the Registrar-General must issue to the person who lodged the instrument a statement certifying that the instrument has been registered.

177 When instrument is registered An instrument is registered when the Registrar-General records particulars of the registration in the land register.

178 Time from when instrument forms part of land register etc. A registered instrument forms part of the land register from when it is lodged.

179 Registered instrument operates as deed A registered instrument operates as a deed.

180 Order of registration of instruments (1) Instruments affecting a lot, including instruments affecting or creating an interest in the lot, must be registered in the order in which they are lodged. (2) Subsection (1) is subject to section 157. (3) Despite subsection (1), if an instrument (instrument 2) affecting a lot is lodged after another instrument (instrument 1) affecting the lot, instrument 2 may be registered before instrument 1 if the registration of instrument 2 cannot affect any interest that a person might claim under instrument 1.

181 Priority of registered instruments (1) Registered instruments have priority according to when each of them was lodged and not according to when each of them was executed. (2) An instrument is taken to be lodged on the date and at the time endorsed on the instrument by the Registrar-General as the date and time when the document was lodged unless the contrary is proved. (3) Subsection (1) is not affected by actual, implied or constructive

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182 Evidentiary effect of recording particulars in land register In all proceedings, the particulars of a registered instrument recorded in the land register are conclusive evidence of: (a) the registration of the instrument; (b) the contents of the instrument; (c) all terms stated or implied in it by this or another Act; and (d) when the instrument was lodged and registered.

183 Benefits of registration The benefits of this Division apply to an instrument whether or not valuable consideration has been given.

184 Interest in lot not transferred or created until registration An instrument does not transfer or create an interest in a lot at law until it is registered.

185 Effect of registration on interest On an instrument being registered that is expressed to transfer or create an interest in a lot, the interest: (a) is transferred or created in accordance with the instrument; (b) is registered; and (c) vests in the person identified in the instrument as the person entitled to the interest.