137No registration affecting land in respect of which caveat lodged

137 No registration affecting land in respect of which caveat lodged

[Section 137 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]

(1)  Subject to this section, so long as a caveat forbidding the registration of a dealing remains in force, the Recorder shall not, except with the written consent of a person entitled to withdraw the caveat, record any dealing upon the folio of the Register, or the registered dealing, affected by the caveat.

(2)  Subsection (1) does not operate to prevent the recording of –

(a) a dealing which has been lodged for registration prior to the lodging of the caveat; or

(b) a dealing lodged by or on behalf of the Crown or a public or local authority –

(i) pursuant to a power –

(A) to resume or take land;

(B) to restrict the use or alienation of land;

(C) to erect works on land;

(D) to charge land with the payment of money; or

(E) to give notice of its intention to do one or more of the things referred to in sub-subparagraphs (A) , (B) , (C) , and (D) ;

(ii) pursuant to an Act which expressly or impliedly authorizes a recording notwithstanding the existence of a caveat; or

(iii) [Section 137 Subsection (2) amended by No. 10 of 2000, s. 11, Applied:28 Apr 2000] in prescribed circumstances; or

(c) [Section 137 Subsection (2) amended by No. 10 of 2000, s. 11, Applied:28 Apr 2000] a scheme within the meaning of section 3 of the Strata Titles Act 1998 ; or

(d) a final plan within the meaning of of the .