26YProvisional folio becomes ordinary folio after 15 years

26Y Provisional folio becomes ordinary folio after 15 years A provisional folio of land brought under this Act becomes an ordinary folio, unless an ordinary folio of the land has otherwise been created, 15 years after the creation of the provisional folio. Pt 3 (Heading) amended by No. 18/1989 s. 12(Sch. 1 item 43). Part III—The Register No. 5842 s. 27. S. 27 substituted by No. 18/1989 s. 7. 27 Register of land (1) The Registrar must keep a Register of land which is under the operation of this Act. S. 27(2) amended by No. 70/2014 s. 4(1). (2) The Registrar— (a) may keep the Register— (i) in any form or combination of forms; and (ii) on any medium or combination of mediums; and (iii) in any manner— that he or she thinks fit; and (b) may at any time vary the medium, form or manner in which the Register or a part of the Register is kept. (3) A reference to a medium in subsection (2) includes but is not limited to— (a) a computer; or (b) micro film; or (c) paper. (4) The Register consists of folios of the Register. (5) A folio of the Register is a division of the Register that relates to one or more parcels of land. (6) A folio of the Register— (a) must contain the recordings that are required or authorised to be made in the Register by or under this Act or any other Act and that affect the land for which the folio is created; and (b) must include a distinctive identifying reference for the folio; and (c) may contain recordings of any other information that the Registrar thinks appropriate to record on the folio; and (d) may describe any land by reference to a separate map or plan in the Office of Titles— and so much of a separate map or plan as relates to the land in the folio is deemed to form part of the folio in which it is described. (7) The Registrar creates a folio of the Register by making a recording of— (a) a description of the land for which it is created; and S. 27(7)(b) substituted by Nos 85/1998 s. 7(1), 80/2009 s. 11. (b) except in the case of an identified folio, a description of— (i) the proprietor; and (ii) the nature of the interest held by the proprietor; and (c) such other particulars as the Registrar thinks fit of— (i) other estates or interests, if any, affecting the land; and (ii) other information, if any, that relates to the land and is required to be recorded on the folio by or under this Act or any other Act— and by allocating a distinctive identifying reference to those recordings. S. 27(7A) inserted by No. 85/1998 s. 7(2). (7A) The Registrar must not include a description of the proprietor for the time being of the land when an identified folio is created. (8) Subject to section 24(4) of the **Subdivision Act 1988**, on— (a) the bringing of land under the operation of this Act; or (b) the approval of a plan of consolidation; or (c) the approval of a plan of subdivision in accordance with any law for the time being in force relating to the subdivision of land; or (d) being required by or under this Act or any other Act to do so— the Registrar must create any folios of the Register that are necessary. S. 27(9) amended by No. 70/2014 s. 4(2). (9) The Registrar may create, amend or cancel a folio of the Register where the Registrar thinks it appropriate to do so. S. 27(10) repealed by No. 70/2014 s. 4(3). S. 27(11) amended by No. 70/2014 s. 4(4)(a). (11) If the Registrar creates, amends or cancels a folio of the Register, the Registrar may— S. 27(11)(a) amended by No. 70/2014 s. 4(4)(b). (a) make any other amendments in the Register that he or she considers necessary because of the creation amendment or cancellation of the folio; and S. 27(11)(b) amended by Nos 49/2001 s. 6(1), 70/2014 s. 4(4)(c). (b) call in and, subject to section 27BA, destroy any certificate of title produced for the folio so created amended or cancelled. S. 27(11A) inserted by No. 70/2014 s. 4(5). (11A) For the purposes of subsection (11)(b), the Registrar may treat a certificate of title as destroyed without calling it in if the Registrar is provided with a certification that is in terms satisfactory to the Registrar. S. 27(12) amended by No. 42/2017 s. 11. (12) In this section and in section 27A, ***Act*** includes Commonwealth Act. S. 27A inserted by No. 18/1989 s. 7. 27A Recordings in the Register (1) An instrument capable of registration under this Act is registered by— (a) making recordings in the Register; or S. 27A(1)(b) substituted by No. 42/2017 s. 12(1)(a). (b) altering recordings in the Register; or S. 27A(1)(c) inserted by No. 42/2017 s. 12(1)(a). (c) removing recordings in the Register— to the extent necessary to give effect to the instrument. S. 27A(1A) inserted by No. 80/2009 s. 12(1), repealed by No. 42/2017 s. 12(2). (2) Other information required or authorised by or under this Act or any other Act to be recorded in the Register is recorded in the Register by— (a) recording that information in an appropriate part of the Register; or S. 27A(2)(b) substituted by No. 42/2017 s. 12(1)(b). (b) altering an existing recording so as to comprise or include that information; or S. 27A(2)(c) inserted by No. 42/2017 s. 12(1)(b). (c) removing recordings in the Register. S. 27A(3) amended by No. 70/2014 s. 5. (3) The Registrar— (a) may make recordings in the Register— (i) in any form or combination of forms; or (ii) in any manner— that he or she thinks fit; and (b) may at any time vary the manner and form in which recordings are made. S. 27A(4) repealed by No. 80/2009 s. 12(2). S. 27A(5) amended by No. 80/2009 s. 12(3). (5) The Registrar may make any deletions from, or alterations in, recordings in the Register so that each folio of the Register contains only recordings of subsisting information. (6) The Registrar may make a recording in the Register as a substitute for an existing recording, if satisfied that the existing recording has been lost or destroyed or has become illegible or unavailable. (7) The Registrar may, under subsection (6), determine the information to be recorded in a substitute recording by reference to any other records or documents kept by, or available to, the Registrar or in any other manner the Registrar thinks fit. (8) If the Registrar makes a recording in the Register, the Registrar may make any other amendments in the Register that the Registrar considers necessary because of the making of that recording. S. 27AB inserted by No. 23/2004 s. 4. 27AB Verification of identity (1) The Registrar is not required to register an instrument under section 27A if the Registrar is not satisfied as to the identity of any person by or on behalf of whom the instrument was executed. S. 27AB(2)(3) repealed by No. 70/2014 s. 6. S. 27B inserted by No. 18/1989 s. 7. 27B Certificates of title (1) A certificate of title is a document in writing containing the information, or an extract of the information, on a folio of the Register as at the date of production of the certificate of title. (2) A certificate of title— (a) must indicate that it is produced by authority of the Registrar, whether by being initialled, signed or sealed by the Registrar, or by bearing a facsimile of those initials or signature or seal, or in any other manner that the Registrar thinks fit; and (b) must state— (i) the distinctive identifying reference of the folio of the Register to which it relates; and (ii) the distinctive identifying reference allocated for that certificate of title; and (iii) the date on which it was produced. S. 27B(3) amended by No. 70/2014 s. 7(1). (3) A certificate of title— (a) may include any other information that the Registrar considers appropriate, whether in diagramatic form or otherwise; and (b) may record information contained in the folio of the Register to which it relates in any form that the Registrar considers appropriate, whether in the form in which the information is recorded on that folio or in some other form; and (c) may be in any form that the Registrar considers appropriate; and (d) may be produced in any manner that the Registrar considers appropriate. S. 27B(4) repealed by No. 70/2014 s. 7(2). S. 27B(5) amended by No. 70/2014 s. 7(3). (5) The Registrar may at any time vary the form or manner in which certificates of title are produced. S. 27B(6) amended by No. 42/2017 s. 13. (6) The Registrar must provide each certificate of title produced under this section to the person entitled to it. S. 27B(7) amended by Nos 49/2001 s. 5(1), 70/2014 s. 7(4). (7) Subject to subsections (7A) and (7B), on— (a) the creation of a folio of the Register; or (b) the registration of an instrument under this Act, other than an instrument that is not required to be recorded on the certificate of title; or (c) being required by or under this Act or any other Act to do so— the Registrar must produce a certificate of title for that folio. S. 27B(7A) inserted by No. 49/2001 s. 5(2). (7A) The Registrar is not required to produce a certificate of title for a folio of the Register if that folio is to be amended, substituted or deleted and a new folio immediately created. S. 27B(7B) inserted by No. 80/2009 s. 13, substituted by No. 70/2014 s. 7(5). (7B) The Registrar is not required to produce a certificate of title for a folio of the Register if satisfied that it is appropriate in the circumstances to not produce a certificate of title. S. 27B(7C) inserted by No. 70/2014 s. 7(5). (7C) The Registrar may produce a certificate of title for a folio if— (a) a person entitled to receive the certificate of title requests a certificate; and (b) a certificate does not already exist; and (c) the Registrar is satisfied that the request is appropriate in the circumstances. S. 27B(7D) inserted by No. 70/2014 s. 7(5). (7D) A request under subsection (7C)(a) must be in the approved form. (8) If the Registrar considers it necessary or convenient to do so, the Registrar may at any time produce a certificate of title for a folio of the Register. S. 27B(9) amended by No. 49/2001 s. 6(2). (9) For the purpose of producing a certificate of title for a folio of the Register, the Registrar may call in and, subject to section 27BA, destroy any subsisting certificate of title for that folio. S. 27B(10) amended by No. 70/2014 s. 7(6). (10) A person required to submit a certificate of title to the Registrar under subsection (9) need not do so if the person satisfies the Registrar that the certificate has been destroyed, obliterated or lost. S. 27B(11) amended by No. 49/2001 s. 6(3). (11) On— (a) the production of a new certificate of title for a folio of the Register; or (b) the deletion of a folio from the Register— any certificate of title subsisting for that folio ceases to have effect, and, upon it being submitted to the Registrar, the Registrar, subject to section 27BA, must destroy it. (12) The Registrar may, in the same document, include a certificate of title and any other information that the Registrar considers appropriate, but that information is not part of the certificate of title. S. 27B(13) inserted by No. 85/1998 s. 8. (13) Despite anything to the contrary in this section, the Registrar must not produce a certificate of title for an identified folio. S. 27BAA inserted by No. 70/2014 s. 8. 27BAA Declaration voiding certificates of title (1) The Registrar, by notice published in the Government Gazette, may declare certificates of title or classes of certificate of title to be void and of no effect. (2) A declaration published by notice under subsection (1) takes effect from the date specified in the notice that is not earlier than the date of publication of the notice in the Government Gazette. (3) Any certificate of title, or a certificate of title in a declared class of certificates of title, in existence immediately before the date specified in the notice referred to in subsection (1) is, on and after that date, void and of no effect. S. 27BA inserted by No. 49/2001 s. 7. 27BA Power not to destroy certain certificates of title S. 27BA(1) amended by No. 80/2009 s. 14(1). (1) If a folio of the Register has been deleted or amended, the Registrar is not required to destroy the certificate of title for that folio if the Registrar ensures that the certificate of title is marked, stamped or otherwise rendered unusable. S. 27BA(2) amended by No. 80/2009 s. 14(2). (2) The Registrar may return a certificate of title which has been rendered unusable to the last registered proprietor shown on the deleted or amended folio of the Register to which that certificate of title related. S. 27C inserted by No. 18/1989 s. 7.