LAND TITLE REGULATIONS 2000

The regulations operate within a statutory framework that includes the Land Title Act 2000, the Unit Title Schemes Act (UTS Act), and the Termination of Units Plans and Unit Title Schemes Act 2014 (Termination Act). Several key concepts are defined or referenced in the regulations.

Scheme statement: The UTS Act defines a first scheme statement (section 10(2)) and a subsequent scheme statement (section 12(1)). The regulations prescribe whose consent is required for registration of each type under section 54B(1)(b)(iii) of the Land Title Act. A first scheme statement establishes a new unit title scheme, while a subsequent scheme statement amends an existing scheme (e.g. by changing boundaries, amalgamating schemes, or adding or removing exclusive use by-laws).

Development: Defined in regulation 2A by reference to section 4(1) of the Termination Act. A development is essentially a units plan or building development plan that has not yet become a unit title scheme. The regulations distinguish between schemes (under the UTS Act) and developments (under the Termination Act) and prescribe different consent requirements and plan content for each.

Termination Act: The Termination of Units Plans and Unit Title Schemes Act 2014. The regulations refer to Parts 3, 4, and 5 of that Act for the methods of terminating a development: Part 3 (unanimous resolution by all owners), Part 4 (resolution by a required percentage of owners, typically 75 to 90 percent depending on the age of the development), and Part 5 (order of the Tribunal on application by an owner or mortgagee on grounds such as economic obsolescence or physical deterioration). The regulations prescribe the content of plans of termination and the consent requirements that correspond to each method.

Unanimous resolution: Referenced in regulations 7A(a) and 7C(1)(a) as the resolution required for a plan of termination of a scheme (regulation 7A) or for a development terminated under Part 3 of the Termination Act (regulation 7C(1)(a)). The term is not defined in the regulations but would take its meaning from the Termination Act - a resolution passed by all owners in the scheme or development.

Required percentage of owners: Referenced in regulation 7C(2)(a) for a development terminated under Part 4 of the Termination Act. The actual percentage is determined by the Termination Act and may vary depending on the age and circumstances of the development. The regulations do not specify the percentage; they merely require that the plan of termination includes a copy of the resolution passed by that required percentage.

Exclusive use by-law: Referenced in regulation 5(5). Under the UTS Act, a by-law that gives exclusive use of part of the common property to one or more unit owners. A subsequent scheme statement may include or omit such a by-law. The regulations prescribe consent requirements for that scenario under section 97(2)(a) of the UTS Act, but note that if the change is permitted under section 97(2)(b) (which likely covers changes made by a special resolution or with court approval), no consent is required under the regulation.

Person whose rights under law would be adversely affected: This phrase appears in nearly every consent list in the regulations. It is expressly qualified by the exclusion of rights under a registered easement or restrictive covenant. That is, holders of registered easements or restrictive covenants do not need to give consent even if their rights might be adversely affected. The phrase is otherwise deliberately broad and would catch any person with a legal interest in the land that could be diminished by the registration of the scheme statement or plan of termination. This could include equitable interests not recorded as caveats, contractual licence holders, or tenants at will. The assessment of whether a person’s rights would be adversely affected is a practical question that may require legal advice.

Verification of identity guidelines: Regulation 10 prescribes the ‘verification of authority guidelines issued by the Registrar-General under section 210A(1) of the Act’ as the requirements for verification of identity under section 197B(1) of the Act. This is a dynamic incorporation: the guidelines may change from time to time without amendment to the regulations. Practitioners must therefore refer to the current version of the guidelines as published by the Registrar-General.

Certificate as to title: The Schedule sets out the prescribed form. It is a standardised document that records the current state of a title, including owner details, registered dealings, and a title diagram. The Deputy Registrar-General signs and dates it, and it bears a volume and folio reference.

The regulations directly affect a wide range of persons who deal with land in the Northern Territory, particularly those involved in unit title schemes and developments. The primary groups are:

Landowners and unit owners: Any person who owns a lot in a proposed land scheme, a unit in a unit title scheme, or a unit in a development must be asked for consent when a first or subsequent scheme statement is registered, or when a scheme or development is terminated. For a first scheme statement, every registered owner must consent (regulation 4(2)(a)). For a subsequent scheme statement that changes boundaries or subdivides units, only the owners of the affected units must consent (regulation 5(2)(a)). For terminations of developments under Part 3 of the Termination Act, all owners must consent (regulation 8(2)(a)). For terminations under Part 4 or 5, the consent of owners is not listed - a significant reduction in their control.

Mortgagees: Each registered mortgagee of a lot or unit must consent in most scenarios: first scheme statements (regulation 4(2)(b)), subsequent statements involving boundary changes or subdivisions (regulation 5(2)(b)), amalgamations (regulation 5(4)(a)), exclusive use by-law changes (regulation 5(5)(a)), terminations of schemes (regulation 7B(2)(b)), and unanimity-based development terminations (regulation 8(2)(b)). However, for development terminations under Part 4 or Part 5 of the Termination Act, mortgagees are not included in the consent list. This means that a developer or owners’ group can terminate a development by a percentage vote or tribunal order without obtaining the mortgagee’s consent, subject to the protections in the Termination Act.

Writ holders: Persons with rights under a registered writ of execution against a lot or unit must consent in most cases where mortgagees must consent. Again, they are omitted from the lists for Part 4 and Part 5 development terminations.

Caveators: A caveator under a registered caveat affecting an estate must consent for first scheme statements, subsequent statements with boundary changes, amalgamations, exclusive use by-law changes, scheme terminations, and Part 3 development terminations. They are not required for Part 4 or Part 5 development terminations.

Lessees: Lessees of units in a development must consent to termination of the development under all three methods (Part 3, 4, or 5) as per regulations 8(2)(e), 8(3)(b), and 8(4)(b). However, they are not included in the lists for registration of scheme statements or termination of schemes. This asymmetry reflects that a development termination wipes out leases, whereas a change to the scheme structure may not necessarily affect leasehold interests.

Persons whose rights would be adversely affected: This residual category catches anyone with a legal right that could be set back by the registration - for example, holders of unregistered easements, equitable charges, contractual rights of first refusal, or statutory rights. These persons must give consent in every consent scenario. The exclusion of registered easement and covenant holders means that those parties cannot block a registration on the basis of being adversely affected; they must rely on other protections in the UTS Act or the Land Title Act.

Licensed surveyors: Surveyors are indirectly affected because plans of termination for schemes and developments must include a plan of survey approved by the Surveyor-General under section 49(3) of the Licensed Surveyors Act 1983 (regulations 7A(b), 7C(1)(b), 7C(2)(b), 7C(3)(b)). The surveyor must prepare the plan and obtain that approval.

Legal practitioners and conveyancers: Anyone acting for a party in a unit title or development matter must be familiar with the consent requirements and ensure that the correct consents are obtained and documented. They must also ensure that the form of certificate as to title in the Schedule is used when required. Since 1 August 2025, they must also ensure that verification of identity is carried out in accordance with the Registrar-General’s guidelines.

The Registrar-General and the Land Titles Office: The Registrar-General is the administrator of the system. The regulations provide the criteria against which the Registrar-General decides whether to register a scheme statement or termination. The Registrar-General must also cancel titles and interests as required by regulation 9. The verification of identity guidelines, which the regulations incorporate, are issued by the Registrar-General.

The Tribunal: The Tribunal (defined by reference to the Termination Act) issues orders for termination of developments under Part 5 of that Act. The regulations require that a plan of termination include a copy of the Tribunal’s order (regulation 7C(3)(a)). The Tribunal’s order may also modify the consent requirements: regulation 8(4) makes the consent list subject to any order of the Tribunal, allowing the Tribunal to dispense with or add consent requirements in a particular case.

The regulations impose procedural duties on persons lodging scheme statements and plans of termination, and confer rights on various categories of interest holders to be consulted before registration occurs.

Duty to obtain written consent: The central duty is that a person lodging a first or subsequent scheme statement, or a plan of termination for a scheme or development, must first obtain the written consent of all persons listed in the applicable regulation. The duty is on the lodging party (typically the owner or developer or their agent) to identify the correct list and to ensure that each required consent is given in writing. The regulations do not specify a particular form for the consent, so a letter, email, or signed document would suffice, but the lodging party must be able to produce evidence of consent if challenged. There is no duty to obtain consent from persons who are not on the list; for example, a mortgagee whose mortgage is discharged before lodgement need not consent because they are no longer a registered mortgagee.

Duty to include required documents in plans of termination: Regulations 7A and 7C impose a duty to include in the plan of termination a copy of the unanimous resolution (for scheme terminations and Part 3 development terminations), or the required percentage resolution (for Part 4 development terminations), or the Tribunal order (for Part 5 development terminations). Additionally, a plan of survey approved by the Surveyor-General must be included. If these documents are omitted, the Registrar-General will not accept the plan for registration.

Duty to use the prescribed form: Regulation 3 and the Schedule prescribe the form of certificate as to title. While this is a form used by the Registrar-General rather than by a lodging party, it means that anyone relying on a certificate must accept it in that form. The Deputy Registrar-General must sign and date it.

Right to withhold consent: Each person listed in a consent regulation has a right to withhold consent. The regulations do not specify criteria for withholding consent, so the decision is at the discretion of the consenting party. A mortgagee, for instance, might consent only if loan conditions are satisfied. A caveator might withhold consent unless the caveat is removed or the interest is protected. A person whose rights would be adversely affected might demand compensation or alteration of the scheme before consenting. This right gives those parties bargaining power and can delay or prevent a registration if they are dissatisfied.

Right to be compensated upon termination: Not directly created by these regulations, but the regulations interact with the Termination Act’s provisions that may require compensation to owners and interest holders upon termination. The regulations ensure that the consent of those persons is obtained, which implicitly allows them to negotiate terms.

Right to ignore consent requirements in certain circumstances: The regulations explicitly carve out situations where no consent is needed or where a different consent list applies. For example, a subsequent scheme statement required under section 71 of the UTS Act (amalgamation by Supreme Court order) does not require any consent under the regulations (note to regulation 5(4)). Similarly, an exclusive use by-law change permitted under section 97(2)(b) of the UTS Act requires no consent (note to regulation 5(5)). These exceptions reduce the administrative burden where a court or another statutory provision has already provided oversight.

Right of the Tribunal to vary consent requirements: Under regulation 8(4), for a development terminated under Part 5 of the Termination Act, the consent list is subject to any order of the Tribunal. This means the Tribunal can, if it considers it just, dispense with the consent of certain categories (e.g. lessees or persons whose rights would be adversely affected) or add additional categories. That is a significant right of the Tribunal to tailor the consent requirements to the particular circumstances.

Right to rely on the Registrar-General’s guidelines for identity verification: Regulation 10 prescribes the verification of authority guidelines as the requirements for verification of identity. This gives legal force to those guidelines. A person who follows the guidelines has satisfied the legal requirement under section 197B(1) of the Act. Conversely, a person who does not follow the guidelines cannot claim to have complied with section 197B(1). Practitioners should note that the guidelines are a moving target - the regulations incorporate them as in force from time to time.

The Land Title Regulations 2000 do not themselves create any offences or set out any penalties for non-compliance. They are procedural regulations under the Land Title Act 2000. Enforcement occurs primarily through the refusal of the Registrar-General to register a dealing if the required consents or documents are not provided. This is a powerful de facto enforcement mechanism because without registration the scheme statement or termination has no legal effect under the Torrens system.

If a person lodges a scheme statement or plan of termination without having obtained the required written consents, the Registrar-General will reject it. The lodging party will then have to re-lodge after gathering the consents, incurring delay and additional costs. There may also be professional disciplinary consequences for a conveyancer or legal practitioner who lodges a defective document without the necessary consents, though that is outside the regulations.

If a dealing is registered erroneously without the required consent, that registration may be invalid or voidable. A person whose consent was not obtained could potentially seek rectification of the register under section 188 of the Land Title Act or bring an action for damages against the party who lodged the dealing. The regulations create a statutory requirement for consent, so a failure to obtain it could be a breach of the Act giving rise to civil liability.

The regulations also interact with the statutory compensation provisions of the Land Title Act. If the Registrar-General registers a dealing that should not have been registered due to a failure to obtain consent, and a person suffers loss because their interest is defeated or compromised, that person may be entitled to compensation from the Assurance Fund under Part 14 of the Act. However, the regulations themselves do not address compensation.

For the verification of identity obligation in regulation 10, the consequences of non-compliance are that the person has not ‘verified the identity of the person in accordance with the verification of identity requirements’ as required by section 197B(1) of the Act. This means that any instrument lodged by that person may not be accepted, or if accepted, the verification might later be challenged, potentially affecting the validity of the dealing. The Registrar-General could also refuse to register the instrument until identity is properly verified.

In summary, the regulatory stick is not a fine or imprisonment but the refusal of registration, the potential invalidity of an erroneously registered dealing, and exposure to litigation. The regulations are designed to prevent problems upstream by ensuring that all interested parties are given the opportunity to object before a scheme statement or termination becomes part of the register.

The regulations sit within a larger legislative framework and must be read alongside several other Acts and instruments.

Land Title Act 2000 (NT): This is the principal Act. The regulations derive their authority from specific provisions of that Act: section 44 (form of certificate of title), section 54B (registration of scheme statements), section 54E (termination of unit title schemes), section 54G (termination of developments), section 197B (verification of identity requirements), and section 210A (Registrar-General’s guidelines). The regulations fill in the details left open by the Act. They also refer to matters that must be prescribed for the Act to operate, such as the persons whose consent is required.

Unit Title Schemes Act 2009 (NT): The regulations repeatedly reference the UTS Act. Definitions such as ‘first scheme statement’ and ‘subsequent scheme statement’ come from that Act. Sections 71, 97, 111 of the UTS Act are explicitly mentioned. The UTS Act governs the creation, amendment, and termination of unit title schemes. The regulations complement it by specifying the consent requirements and documentary content for registration steps under the Land Title Act.

Termination of Units Plans and Unit Title Schemes Act 2014 (NT): This Act provides the substantive law for terminating developments (units plans and building development plans that have not become unit title schemes). The regulations refer to Parts 3, 4, and 5 of the Termination Act, which set out the three methods of termination. The regulations then prescribe what must be included in a plan of termination (resolution or order plus survey plan) and whose consent is needed, depending on the method. The Termination Act itself likely contains provisions about the effect of termination on interests and compensation; the regulations do not duplicate those provisions but ensure that the registration process captures the appropriate consents.

Licensed Surveyors Act 1983 (NT): Regulation 7A(b) and 7C(1)(b), (2)(b), (3)(b) require that a plan of termination include a plan of survey approved by the Surveyor-General under section 49(3) of that Act. This ties the land title registration process to the surveying standards and approvals under the Licensed Surveyors Act.

Registrar-General’s verification of authority guidelines: Regulation 10 incorporates these guidelines by reference as in force from time to time. This is a dynamic incorporation, meaning that changes to the guidelines automatically become part of the regulatory requirement without a formal amendment to the regulations. This is efficient but requires practitioners to keep current with the guidelines as issued on the Registrar-General’s website.

Interpretation Legislation Amendment Act 2018 (NT): The endnotes note that formal amendments were made to regulations 1, 2A, 7A, and 7C by this Act. This Act likely amended provisions of the Interpretation of Legislation Act to ensure consistent drafting. The regulations were updated to reflect standardised terminology.

Other interactions: The regulations do not exist in a vacuum from the common law. The concept of ‘person whose rights under law would be adversely affected’ will be interpreted by courts, and previous decisions on analogous provisions in other Australian Torrens systems may be influential. The regulations also do not affect the law of contract: parties may agree to consent to a scheme statement on conditions, and those agreements are enforceable separately.

The regulations expressly exclude consent rights for holders of registered easements and restrictive covenants. This means that those parties must look to the UTS Act or the Land Title Act for protection. For example, the UTS Act may require that a scheme statement does not interfere with easements without the consent of the dominant tenement owner.

The regulations were originally made as SL No. 55 of 2000, notified and commenced on 1 December 2000. They have been amended eight times, with each amendment refining the consent requirements and adding new parts.

2009 - Land Title Amendment Regulations 2009 (SL No. 17 of 2009): This amendment inserted regulation 4 (written consent required for registration of first unit title scheme statement) and was linked to the commencement of the Unit Title Schemes Act 2009. It set the initial framework for scheme statements.

2011 - Unit Title Schemes and Related Legislation Amendment Regulations 2011 (SL No. 14 of 2011): This amendment modified regulation 4, but the endnotes do not specify the detail.

2012 - Land Title Amendment Regulations 2012 (SL No. 49 of 2012): A substantial amendment. It substituted a new regulation 4 and inserted regulations 5, 6, and 7. This introduced the separate treatment of subsequent scheme statements, new scheme statements for member schemes (regulation 6), and the preservation of interests in common property (regulation 7). This expanded Part 3 considerably.

2014 - Land Title Amendment Regulations 2014 (SL No. 48 of 2014): Notified 2 January 2015. It inserted regulations 8 (written consent required for termination of development) and 9 (particulars to be cancelled in the land register). This added Part 4 on developments.

2015 - Land Title Amendment Regulations 2015 (SL No. 35 of 2015): A major restructuring. It inserted part headings for Parts 1, 2, 3, 4, and 5 (though Part 5 was then inserted later). It amended regulation 3 (form of certificate), substituted regulation 4 (again), amended regulation 5, and inserted regulations 7A and 7B (plan of termination of scheme and written consent for termination of scheme). It also inserted regulation 7C (plan of termination of development) and substituted regulation 8 (written consent for termination of development). The amendment gave the regulations their current structure and expanded the consent requirements for terminations.

2025 - Land Title and Registration Amendment Regulations 2025 (SL No. 9 of 2025): Notified 30 July 2025, commenced 1 August 2025. This inserted Part 5 (Verification of identity) and regulation 10. This is the most recent amendment and adds a significant new compliance obligation for all dealings under the Act. It also added the verification of identity guidelines as the prescribed requirements.

The endnotes also record general amendments made by the Interpretation Legislation Amendment Act 2018 to regulations 1, 2A, 7A, and 7C. These were formal amendments to update language and do not alter substance.

The regulations source does not refer to any decided cases. As a subordinate instrument, the regulations are unlikely to be the subject of direct litigation. Disputes are more likely to arise under the Land Title Act, the UTS Act, or the Termination Act, where the regulations are referred to as setting the required consent standards.

However, the concept of ‘person whose rights under law would be adversely affected’ has been litigated in the context of equivalent land title legislation in other Australian jurisdictions. A court may be called upon to determine whether a particular interest (e.g. a contractual right, a statutory charge, or an unregistered lease) gives the holder a right that could be adversely affected by registration of a scheme statement. The Supreme Court of the Northern Territory might also need to decide whether a person who consented later had standing to challenge the registration if the consent was given under duress or without full disclosure.

The note to regulation 5(4) concerning Supreme Court-approved amalgamations indicates that the court’s involvement can displace the consent requirements. Cases may arise where a party argues that a Supreme Court order was not properly obtained or that the order should not have removed the need for consent. Similarly, regulation 8(4) makes the consent list for Part 5 development terminations subject to any order of the Tribunal. That could generate appeals to the Supreme Court on questions of law if the Tribunal dispenses with consent from a party who argues they had a right to be consulted.

Another potential area is the validity of the Registrar-General’s verification of identity guidelines. Since regulation 10 incorporates them by reference, a challenge could be mounted on the basis that the guidelines are ultra vires the Act or that they impose unreasonable requirements. However, the Act gives the Registrar-General a broad power to issue guidelines (section 210A), and the regulation merely prescribes them as the requirements, so a challenge would likely need to target the guidelines themselves.

Despite the absence of reported litigation, practitioners should be aware that the regulations create enforceable rights in the consent lists, and failure to obtain consent could lead to proceedings to set aside registration or for compensation.

Several aspects of the regulations are easy to misapply or overlook. These include the following.

Different consent lists for different scenarios: The most complex part is regulation 5, which has three different consent lists depending on the type of subsequent scheme statement. A subsequent statement that changes boundaries or subdivides units requires the consent of owners, mortgagees, writ holders, caveators, and adversely affected persons (regulation 5(2)). But if the statement is for an amalgamation under section 71 of the UTS Act, only mortgagees, writ holders, caveators, and adversely affected persons must consent (regulation 5(4)). And if the statement involves an exclusive use by-law under section 97(2)(a), the list is mortgagees, writ holders, caveators, and adversely affected persons (regulation 5(5)). Practitioners must correctly categorise the statement and apply the appropriate list, or risk rejection. Worse, if you apply the wrong list you may miss a required consent or waste time obtaining a consent that is not needed.

Development termination consent requirements are not symmetrical: Under regulation 8, a termination under Part 3 of the Termination Act (unanimous resolution) requires consent from all owners, mortgagees, writ holders, caveators, lessees, and adversely affected persons. But a termination under Part 4 (percentage-based) removes owners, mortgagees, and caveators from the list, retaining only writ holders, lessees, and adversely affected persons. And a termination under Part 5 (Tribunal order) has the same list as Part 4 but subject to any Tribunal order. This means that if a development is terminated under Part 4 or 5, the owners and mortgagees have no statutory right to consent; only the Tribunal can intervene to protect them (and only under Part 5). This is a significant trap: an owner who is outvoted under Part 4 might not have a veto right under the regulations.

Adverse effect excludes registered easements and covenants: Every consent list includes persons whose rights under law would be adversely affected, but explicitly excludes rights under a registered easement or restrictive covenant. This means that a person who holds a registered easement over the land cannot block the registration by claiming adverse effect. They must look to other protections (e.g. the terms of the easement itself, or the UTS Act’s requirement that the scheme statement not interfere with the easement). Do not assume that an easement holder’s consent is needed.

Plan of termination must include a survey plan approved by the Surveyor-General: This is easy to overlook because many practitioners focus only on the resolution or order. Regulation 7A(b) and 7C require a plan of survey approved under the Licensed Surveyors Act. If the survey plan is not included, the Registrar-General will reject the plan of termination. The survey must be current and approved.

Consent is required from each registered mortgagee - not just the first mortgagee: If a lot has multiple registered mortgages (e.g. a first and second mortgage), all mortgagees must consent. Similarly, if there are multiple caveators or writ holders, each must consent. The regulations do not permit majority consent or priority-based exclusions.

Lessees are only required for development terminations, not scheme terminations: Regulation 7B (termination of a scheme) does not include lessees in the consent list. Regulation 8 (termination of a development) does include lessees. This distinction likely reflects that a scheme termination may not extinguish leases if the replacement scheme preserves them, whereas a development termination wipes the slate clean. But it is a trap: if you are terminating a scheme and there are lessees, you do not need their consent even if their lease is not preserved.

Dynamic incorporation of verification guidelines: Regulation 10 prescribes the guidelines ‘as in force from time to time’. This means that if the Registrar-General updates the guidelines, you must follow the new version immediately. Relying on a saved copy from an earlier transaction may lead to non-compliance. Practitioners should check the Land Titles Office website for the current guidelines before each dealing.

The form of certificate as to title is prescribed: The Schedule sets out the exact form. If the Registrar-General issues a certificate that does not match the form (e.g. uses different headings), it may still be a certificate, but the regulation requires that form. In practice, the Registrar-General likely uses the prescribed form, but it is worth noting that the form includes a ‘Title Diagram’ and spaces for the Deputy Registrar-General’s signature and date. The certificate is the official record of title.

No consent required for Supreme Court-ordered amalgamations or certain exclusive use by-law changes: The notes to regulations 5(4) and 5(5) make clear that in those cases no consent at all is required under the regulations. Do not seek consents unnecessarily.

Transitional provisions: The regulations do not contain transitional provisions. The amendment history shows that regulation 4 was substituted multiple times. If you are dealing with a scheme that was registered under an earlier version of the regulations, the current consent requirements apply only to new registrations. But ongoing dealings may be affected.

Compliance with the Land Title Regulations 2000 requires a systematic approach to identifying the correct consent list, obtaining written consents, and preparing the correct documentation. The following steps are recommended for practitioners.

Step 1: Determine the type of dealing. Identify whether you are lodging a first scheme statement, a subsequent scheme statement, a plan of termination of a scheme, or a plan of termination of a development. Also determine whether the subsequent scheme statement involves boundary changes, amalgamation, or exclusive use by-law changes. For a development termination, identify which Part of the Termination Act applies: Part 3 (unanimous), Part 4 (required percentage), or Part 5 (Tribunal order). This classification dictates the applicable consent list and the required plan content.

Step 2: Identify all persons from whom consent is required. Using the applicable regulation (4, 5, 7B, or 8), list every person who falls into any of the categories. Search the land register for all registered owners, registered mortgagees, registered writ holders, registered caveators, and lessees (for development terminations). Also consider whether there are any persons whose rights under law (other than under registered easements or restrictive covenants) could be adversely affected. This may require enquiries beyond the register: are there equitable interests, contractual licences, statutory rights, or unregistered leases? If in doubt, seek written consent or obtain a legal opinion. For subsequent scheme statements under regulation 5(4) or 5(5), the list is narrower (no owners for amalgamations or exclusive use by-law changes).

Step 3: Obtain written consent. Draft a consent form or letter that specifically identifies the dealing and confirms that the person consents to the registration. The consent should be signed and dated. For consents from companies or trustees, ensure proper authority is evidenced. Keep the originals on file for production to the Registrar-General if required. Note that consent from certain persons may be conditional (e.g. a mortgagee may consent subject to loan repayment). Satisfy those conditions before lodging.

Step 4: Prepare the plan of termination (if applicable). For a scheme termination, include a copy of the unanimous resolution and a plan of survey approved by the Surveyor-General (regulation 7A). For a development termination, include a copy of the unanimous resolution (Part 3), the required percentage resolution (Part 4), or the Tribunal order (Part 5), plus an approved survey plan (regulation 7C). Ensure the survey plan is current and approved under the Licensed Surveyors Act.

Step 5: Use the prescribed form for the certificate as to title if you are requesting a new certificate after a dealing. The form in the Schedule may be provided by the Land Titles Office, but ensure all fields are completed: description of land, owner’s name and address, registered dealings table, title diagram, and signature and date by the Deputy Registrar-General.

Step 6: Verify identity in accordance with the Registrar-General’s verification of authority guidelines. Since 1 August 2025, compliance with regulation 10 is mandatory for persons undertaking a verification of identity under section 197B(1) of the Act. Obtain the current version of the guidelines from the Registrar-General’s website. Follow the prescribed procedures, which likely include checking identification documents, comparing signatures, and retaining records. Maintain a record of how you verified identity in case it is later questioned.

Step 7: Lodge the dealing with the Land Titles Office. The office will check that all required consents and documents are included and meet the regulatory requirements. If the Registrar-General is satisfied, the scheme statement or plan of termination will be registered. If not, the dealing will be rejected with reasons. Respond to any requisitions promptly.

Step 8: Keep records. Retain copies of all consents, resolutions, orders, survey approvals, and verification of identity records. These may be needed if a registration is later challenged. The regulations do not impose a retention period, but best practice is to keep them for at least the limitation period for property claims.

Step 9: Monitor changes to the regulations and guidelines. The regulations have been amended several times, and the verification guidelines are dynamic. Subscribe to updates from the Northern Territory Legislation Database and the Land Titles Office.

By following these steps, a practitioner can minimise the risk of non-compliance and avoid delays and disputes. The regulations are procedural but strict; overlooking a single consent category can derail a transaction.