Sch 1

Schedule 1 Transitional Part 20 Schedule 1 (see s 81) Creation of right of carriageway in transfer of freehold land Together with full and free right and liberty to and for the transferee hereunder and to and for the registered proprietor or proprietors for the time being of the land hereby transferred or any part thereof, and his or her tenants, servants, agents, workers and visitors to go, pass and repass at all times hereafter and for all purposes and either with or without horses or other animals, carts or other carriages into and out of and from the said land or any part thereof through, over and along the road or way or several roads or ways delineated and coloured brown on the said map. Creation of right of carriageway in lease of land Together with full and free right and liberty to and for the said lessee and his or her transferees and his or her tenants, servants, agents, workers and visitors to go, pass and repass at all times hereafter during the continuance of this lease and for all purposes and either with or without horses or other animals, carts or other carriages into and out of and from the said land or any part thereof, through, over and along the road or way or several roads or ways delineated and coloured brown on the said map. (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • change • civil partnership • civil union • Commonwealth • corporation • Corporations Act • estate • exercise • fail • function • GST • home address • instrument (see s 14) • interest • land • penalty unit (see s 133) • registrar-general • territory lease • territory planning authority • under. administrative interest—see section 69A. authorised entity, for part 8A (Record of administrative interests)— see section 69B. building lessee, for a relevant building, for part 11A (Building building management committee, for part 11A (Building management statements)—see section 123F (1) (a). building management statement, for part 11A (Building building sublease means a sublease mentioned in the Planning Act 2023, section 285 (Subletting part of building). caveator means the person by whom or on whose behalf a caveat has been lodged under this Act. computer folio means a folio of the register that is kept or maintained in or on a computer. court means the Supreme Court or any other court having jurisdiction in relation to the matters mentioned in this Act. Crown land includes all land belonging to the Commonwealth. Crown lease means— (a) a territory lease; and (b) includes a lease granted by the Commonwealth or the Federal Capital Commission. declared land sublease—see the Planning Act 2023, section 365 (1). E-Conveyancing Law means the Electronic Conveyancing National Law (ACT). Note The Electronic Conveyancing National Law (ACT) Act 2020, s 6 applies the Electronic Conveyancing National Law set out in the appendix to the Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW), as if it were an ACT law called the Electronic Conveyancing National Law (ACT). encumbrance means any charge on land created for the purpose of securing the payment of an annuity or sum of money other than a debt. encumbrancee means the proprietor of an encumbrance. encumbrancer means the proprietor of any land or of any interest in land subject to an encumbrance. Federal Capital Commission means the Federal Capital Commission under the Seat of Government (Administration) Act 1924 (Cwlth) (repealed). grant means the grant by the Crown of land for a term of years, and includes— (a) a grant by or in the name of the Commonwealth or by the Federal Capital Commission; and (b) the grant of a new lease over part of the land in a surrendered instrument includes a transfer, a lease, a land sublease, a building sublease, an endorsement on a lease under section 86, a memorandum of surrender of a lease, a memorandum of mortgage, a memorandum of encumbrance, a memorandum of provisions, a memorandum of easement, and any other document that is required or permitted by a Territory or Commonwealth law to be lodged with the registrar-general for registration under this Act, but does not include a caveat, a grant or a Crown lease. land sublease—see the Planning Act 2023, dictionary. lodge means deposit for registration in the registrar-general’s office. memorandum of provisions means a memorandum registered under section 103A. memorial means a notation, entered in the register, or endorsed on a document. mortgage means any charge on land created merely for securing a debt. mortgagee means the proprietor of a mortgage. mortgagee corporation means a mortgagee that is a corporation. mortgagor means the proprietor of land or of any interest in land pledged as security for a debt. proprietor means a person seized or possessed of, or entitled to, land, at law or in equity. register means the register kept under section 43. registered building management statement, for part 11A (Building registrable form, for an instrument—see section 4. relevant building, for part 11A (Building management statements)— see section 123C (1). transfer means the passing of any interest in land under this Act whether for valuable consideration or otherwise. transmission means the acquirement of title to or interest in land consequent on the death, will, intestacy, bankruptcy, insolvency, marriage, civil union or civil partnership of a proprietor. units plan—see the Unit Titles Act 2001, dictionary. verification of authority rules—see section 48BF (1). verification of identity rules—see section 48BE (1). 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired This Act was originally a Commonwealth ordinance—the Real Property Ordinance 1925 No 1 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). It was later renamed the Land Titles Act 1925 by the Land Titles (Amendment) Act 1995 (see s 5). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Legislation before becoming Territory enactment Land Titles Act 1925 A1925-1 notified 21 May 1925 (Cwlth Gaz 1925 No 42) pt 7 commenced 1 January 1957 (s 2 (2) (as am by Ord1956-16 s 2)) remainder commenced 21 May 1925 (see Seat of Government as amended by Real Property Ordinance (No 2) 1925 Ord1925-12 notified 26 November 1925 (Cwlth Gaz 1925 No 102) commenced 26 November 1925 (see Seat of Government Real Property Ordinance 1926 Ord1926-8 notified 8 July 1926 (Cwlth Gaz 1926 No 64) commenced 8 July 1926 (see Seat of Government (Administration) Real Property Ordinance 1927 Ord1927-15 notified 14 July 1927 (Cwlth Gaz 1927 No 76) commenced 14 July 1927 (see Seat of Government (Administration) Real Property Ordinance (No 2) 1927 Ord1927-21 notified 24 December 1927 (Cwlth Gaz 1927 No 141) s 13 taken to have commenced 21 May 1925 (s 13 (2)) remainder commenced 24 December 1927 (see Seat of Government Real Property Ordinance 1930 Ord1930-19 notified 16 October 1930 (Cwlth Gaz 1930 No 90) commenced 16 October 1930 (see Seat of Government Real Property Ordinance 1933 Ord1933-26 notified 16 November 1933 (Cwlth Gaz 1933 No 64) s 2 taken to have commenced 21 May 1925 (s 2 (2) and see Real Property Ordinance 1925 Ord1925-1) remainder commenced 16 November 1933 (see Seat of Government Real Property Ordinance (No 2) 1933 Ord1933-34 notified 7 December 1933 (Cwlth Gaz 1933 No 67) taken to have commenced 16 November 1933 (s 2) Real Property Ordinance 1934 Ord1934-14 notified 17 May 1934 (Cwlth Gaz 1934 No 29) commenced 17 May 1934 (see Seat of Government (Administration) Real Property Ordinance 1936 Ord1936-15 (as am by Ord1937-27) notified 30 April 1936 (Cwlth Gaz 1936 No 38) commenced 30 April 1936 (see Seat of Government (Administration) Ordinances Revision Ordinance 1937 Ord1937-27 sch 2 notified 23 December 1937 (Cwlth Gaz 1937 No 75) commenced 23 December 1937 (see Seat of Government Real Property Ordinance 1938 Ord1938-15 notified 31 March 1938 (Cwlth Gaz 1938 No 19) commenced 31 March 1938 (see Seat of Government (Administration) Real Property Ordinance 1940 Ord1940-16 notified 8 August 1940 (Cwlth Gaz 1940 No 153) commenced 8 August 1940 (see Seat of Government (Administration) Real Property Ordinance 1942 Ord1942-15 notified 2 July 1942 (Cwlth Gaz 1942 No 183) commenced 2 July 1942 (see Seat of Government (Administration) Real Property Ordinance 1951 Ord1951-9 notified 20 September 1951 (Cwlth Gaz 1951 No 71) commenced 20 September 1951 (see Seat of Government Real Property Ordinance 1956 Ord1956-16 notified 24 December 1956 (Cwlth Gaz 1956 No 77) commenced 24 December 1956 (see Seat of Government Real Property Ordinance 1957 Ord1957-12 notified 21 November 1957 (Cwlth Gaz 1957 No 63) commenced 21 November 1957 (see Seat of Government Real Property Ordinance 1961 Ord1961-7 notified 25 May 1961 (Cwlth Gaz 1961 No 45) commenced 1 June 1961 (s 2) Real Property Ordinance 1963 Ord1963-6 notified 4 April 1963 (Cwlth Gaz 1963 No 32) commenced 4 April 1963 (see Seat of Government (Administration) Real Property Ordinance 1967 Ord1967-46 notified 20 December 1967 (Cwlth Gaz 1967 No 108) commenced 20 December 1967 (s 2 and see Surveyors Ordinance 1967 Ord1967-34 and Cwlth Gaz 1967 No S108) Real Property Ordinance 1969 Ord1969-9 notified 20 June 1969 (Cwlth Gaz 1969 No 50) commenced 1 July 1969 (s 2) Real Property Ordinance 1970 Ord1970-6 notified 26 February 1970 (Cwlth Gaz 1970 No 14) commenced 26 February 1970 (see Seat of Government Real Property Ordinance 1972 Ord1972-11 notified 29 March 1972 (Cwlth Gaz 1972 No 25) commenced 29 March 1972 (see Seat of Government (Administration) Real Property Ordinance 1975 Ord1975-33 notified 7 October 1975 (Cwlth Gaz 1975 No S199) commenced 27 January 1976 (s 2 and Cwlth Gaz 1976 No S13) Ordinances Revision (Administrative Arrangements) Ordinance 1977 Ord1977-18 notified 21 June 1977 (Cwlth Gaz 1977 No S111) commenced 21 June 1977 (see Seat of Government (Administration) Real Property (Amendment) Ordinance 1977 Ord1977-47 notified 27 September 1977 (Cwlth Gaz 1977 No S206) commenced 3 October 1977 (s 3) Ordinances Revision Ordinance 1977 Ord1977-65 notified 22 December 1977 (Cwlth Gaz 1977 No S294) commenced 22 December 1977 (see Seat of Government Real Property (Amendment) Ordinance 1978 Ord1978-24 notified 5 September 1978 (Cwlth Gaz 1978 No G35) commenced 3 October 1978 (s 3) Real Property (Amendment) Ordinance 1979 Ord1979-16 notified 29 June 1979 (Cwlth Gaz 1979 No S122) commenced 1 July 1979 (s 3) Real Property (Amendment) Ordinance 1980 Ord1980-13 notified 15 May 1980 (Cwlth Gaz 1980 No S99) commenced 1 July 1980 (s 3) Real Property (Amendment) Ordinance 1982 Ord1982-78 notified 1 October 1982 (Cwlth Gaz 1982 No S205) commenced 1 October 1982 (see Seat of Government (Administration) Real Property (Amendment) Ordinance (No 2) 1982 Ord1982-102 notified 31 December 1982 (Cwlth Gaz 1982 No S274) commenced 31 December 1982 (see Seat of Government Real Property (Amendment) Ordinance 1983 Ord1983-39 notified 29 September 1983 (Cwlth Gaz 1983 No S226) commenced 1 October 1983 (s 2) Real Property (Amendment) Ordinance (No 2) 1983 Ord1983-68 notified 30 December 1983 (Cwlth Gaz 1983 No S349) commenced 30 December 1983 (see Seat of Government Public Trustee (Miscellaneous Amendments) Ordinance 1985 Ord1985-9 sch 2 notified 8 March 1985 (Cwlth Gaz 1985 No S69) commenced 28 October 1985 (s 2 and Cwlth Gaz 1985 No G42) Limitation Ordinance 1985 Ord1985-66 notified 19 December 1985 (Cwlth Gaz 1985 No S542) commenced 19 December 1985 (see Seat of Government Real Property (Amendment) Ordinance 1985 Ord1985-71 notified 19 December 1985 (Cwlth Gaz 1985 No S542) commenced 1 January 1986 (s 2 and Cwlth Gaz 1985 No S538) Real Property (Amendment) Ordinance 1986 Ord1986-22 notified 30 June 1986 (Cwlth Gaz 1986 No S315) commenced 1 July 1986 (s 2 and Cwlth Gaz 1986 No S315) Sex Discrimination (Miscellaneous Amendments) Ordinance 1986 Ord1986-31 notified 31 July 1986 (Cwlth Gaz 1986 No S375) commenced 1 August 1986 (s 2) Real Property (Amendment) Ordinance (No 2) 1986 Ord1986-44 notified 20 August 1986 (Cwlth Gaz 1986 No S411) commenced 20 August 1986 (s 2 and Cwlth Gaz 1986 No S412) Real Property (Amendment) Ordinance (No 3) 1986 Ord1986-88 notified 22 December 1986 (Cwlth Gaz 1986 No S664) commenced 1 January 1987 (s 2 and Cwlth Gaz 1986 No S669) Real Property (Amendment) Ordinance 1987 Ord1987-66 notified 25 November 1987 (Cwlth Gaz 1987 No S317) taken to have commenced 1 August 1987 (s 2) Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) remainder commenced 11 May 1989 (s 2 (2) and see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 2 (2) and Cwlth Gaz 1989 No S164) Legislation after becoming Territory enactment Rates and Land Rent (Relief) (Amendment) Act 1991 A1991-22 s 11 notified 10 May 1991 (Gaz 1991 No S36) commenced 10 May 1991 (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25) Self-Government (Consequential Amendments) Act 1991 A1991-53 pt 2 div 7 notified 2 October 1991 (Gaz 1991 No S98) commenced 2 October 1991 (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25) Land (Planning and Environment) (Consequential Provisions) Act 1991 A1991-118 pt 2 div 6, sch 1 pt 9 notified 15 January 1992 (Gaz 1992 No S3) s 1, s 2 commenced 15 January 1992 (s 2 (1)) pt 2 div 6, sch 1 pt 9 commenced 2 April 1992 (s 2 (2) and Gaz 1992 No 13) Real Property (Amendment) Act 1992 A1992-3 notified 25 May 1992 (Gaz 1992 No S58) ss 1-3 commenced 25 May 1992 (s 2 (1)) remainder commenced 5 June 1992 (s 2 and see Gaz 1992 No S80) Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2 notified 27 August 1993 (Gaz 1993 No S165) commenced 27 August 1993 (s 2) Registrar-General (Consequential Provisions) Act 1993 A1993-64 sch 1 notified 6 September 1993 (Gaz 1993 No S172) s 1, s 2 commenced 6 September 1993 (s 2 (1)) sch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207) Real Property (Amendment) Act 1993 A1993-89 notified 17 December 1993 (Gaz 1993 No S258) ss 1-3 commenced 17 December 1993 (s 2 (1)) remainder commenced 1 January 1994 (s 2 (2) and Gaz 1993 No S270) Mental Health (Consequential Provisions) Act 1994 A1994-45 sch notified 7 September 1994 (Gaz 1994 No S177) s 1, s 2 commenced 7 September 1994 (s 2 (1)) sch commenced 6 February 1995 (s 2 (2) and see Gaz 1995 No S33) Land Titles (Amendment) Act 1995 A1995-53 notified 20 December 1995 (Gaz 1995 No S313) ss 1-3 commenced 20 December 1995 (s 2 (1)) remainder commenced 20 June 1996 (s 2 (3)) Land (Planning and Environment) (Amendment) Act 1997 A1997-7 s 13 notified 22 April 1997 (Gaz 1997 No S92) ss 1-3 commenced 22 April 1997 (s 2 (1)) s 13 commenced 24 June 1997 (s 2 (2)) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Residential Tenancies (Consequential Provisions) Act 1998 A1998-4 sch notified 25 May 1998 (Gaz 1998 No S150) sch commenced 25 May 1998 (s 2) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Duties (Consequential and Transitional Provisions) Act 1999 A1999-8 s 32 notified 1 March 1999 (Gaz 1999 No S8) s 32 commenced 1 March 1999 (s 2 (2)) Rates and Land Rent (Relief) Amendment Act 2000 A2000-79 sch 1 s 4, s 5 commenced 1 July 2000 (s 2 (2)) remainder commenced 21 December 2000 (s 2 (1)) Statute Law Amendment Act 2000 A2000-80 amdt 3.10 amdt 3.10 commenced 21 December 2000 (s 2 (1)) Land Titles Legislation Amendment Act 2000 A2000-82 pt 2 pt 2 commenced 21 December 2000 (s 2) Surveyors (Consequential Amendments) Act 2001 A2001-3 sch 1 notified 8 March 2001 (Gaz 2001 No 10) s 1, s 2 commenced 8 March 2001 (IA s 10B) sch 1 commenced 26 July 2001 (S 2 and Gaz 2001 No 30) Leases (Commercial and Retail) Act 2001 A2001-18 s 173 notified 19 April 2001 (Gaz 2001 No 16) s 1, s 2 commenced 19 April 2001 (IA s 10B) s 173 commenced 1 July 2002 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 212 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 212 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Community Title Act 2001 A2001-58 s 99, s 100 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) s 99, s 100 commenced 10 March 2002 (s 2 and LA s 79) Districts Act 2002 A2002-39 pt 1.5 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) pt 1.5 commenced 11 October 2002 (s 2) Civil Law (Wrongs) Act 2002 A2002-40 div 3.2.6 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) div 3.2.6 commenced 1 November 2002 (s 2 (2) and CN2002-13) Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.11 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) sch 3 pt 3.11 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2) Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.21 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) sch 1 pt 1.21 commenced 28 March 2003 (s 2) Land (Planning and Environment) (Compliance) Amendment Act 2003 A2003-34 sch 1 pt 1.4 notified LR 7 July 2003 s 1, s 2 commenced 7 July 2003 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 September 2003 (s 2 and CN2003-8) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.49 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.49 commenced 9 April 2004 (s 2 (1)) Pest Plants and Animals Act 2005 A2005-21 sch 1 pt 1.2 notified LR 12 May 2005 s 1, s 2 commenced 12 May 2005 (LA s 75 (1)) sch 1 pt 1.2 commenced 12 November 2005 (s 2 and LA s 79) Civil Unions Act 2006 A2006-22 sch 1 pt 1.19 notified LR 19 May 2006 s 1, s 2 commenced 19 May 2006 (LA s 75 (1)) sch 1 pt 1.19 never commenced Note Act repealed by disallowance 14 June 2006 (see Cwlth Gaz