49Alteration of title affecting registered interests

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.