Transfer of Land Regulations 2004 (Western Australia)

These regulations operationalise procedural, technical and fee-related detail for the operation of Western Australia’s Torrens system under the Transfer of Land Act 1893. They prescribe how documents must be presented in paper form (r 3), when the Registrar may create new certificates of title (rr 4-5), and the spatial rule used to determine prescribed areas for single dwelling covenants (r 8). They set mandatory electronic lodgment pathways for a defined class of “registry instruments” by requiring use of an electronic lodgment network (ELN) where available (Div 1 of Part 3A: rr 8A-8G), and set specific requirements for electronic registration of mortgages (r 9AA). They specify how notices under the Act may be served, including by email and by publication behind a hyperlink in specified circumstances, and set rules about when service is taken to be effected (rr 9AC-9AG). The regulations also prescribe opening hours for in‑person inspection of the Register (r 10), establish the composition and treatment of the names index including suppression and controlled release of personal data (Div 2 of Part 4: rr 11-15), and fix the fee schedule that applies to registrations, lodgments, withdrawals, applications, inspections and other services (r 9A; Sch 1). A discrete Schedule (Sch 2) lists matters for which fees cannot be charged (r 9A(8), Sch 2). The regulations come into operation on 6 September 2004 (r 2) and have been amended repeatedly; key later additions include electronic conveyancing provisions (2014, 2017) and service‑by‑email rules (SL 2023/117).

Mechanically: the instrument converts high‑level statutory delegations and cross‑references in the Transfer of Land Act and the Electronic Conveyancing Act into concrete procedural requirements and pricing. Controls are allocated to the Registrar (approval of paper form quality, the power to create certificates, power to exempt from ELN requirements (r 8F), control over disclosure of suppressed names index material (rr 13-15), ability to waive or refund particular fees (r 9A(9)) and to assess some costs on actual cost basis (Sch 1 Divs 5 and 7)). The ELN regime delegates some certification functions to subscribers and refers to participation rules outside the regulations (r 9AA(b)). The regulations do not create substantive title changes but set the mechanics by which instruments are lodged, validated, served and charged for, and by which sensitive personal data in the names index is withheld and released.

CrestWestern Australia

Transfer of Land Act 1893

Transfer of Land Regulations 2004

Western Australia

Transfer of Land Regulations 2004

Contents

Part 1 — Preliminary

Citation 1
Commencement 1

Part 2 — General

3A. Documents in substantially same terms are counterparts (Act s. 4(1CB)(e)) 2

Paper documents for lodgment, requirements for 3
Certificates of title for land in existing certificate 3
New certificate of title if old one too full for further endorsement 4
Area prescribed (Act s. 129C(1a)) 4

Part 3A — Provisions relating to Electronic Conveyancing Act 2014

Division 1 — Certain registry instruments must be lodged by means of an ELN

8A. Terms used 6

8B. Registry instruments to which this Division applies 6

8C. Certain registry instruments must be lodged by means of an ELN 6

8D. Where party to transaction is self‑represented 7

8E. Where 2 or more registry instruments lodged simultaneously 8

8F. Registrar’s power to exempt 8

8G. When r. 8C(1) commences to apply to lodging certain registry instruments 9

Division 2 — General requirements

9AA. Requirements relating to electronic lodgment of mortgages 9

Part 3B — Provisions relating to service

9AC. Service of notices 11

9AD. Application of r. 9AC(1) to service of notices on Commissioner or Registrar 12

9AE. Term used: address 13

9AF. Service of notices by means of email 14

9AG. When service is taken to be effected 15

Part 3 — Fees

9A. Fees (Sch. 1) 17

9B. Supplementary provisions relating to fees 18

Part 4 — Inspection of Register

Division 1 — Times for inspection of Register and related documents

Times for inspection prescribed (Act s. 239(1)) 20

Division 2 — Names index

Terms used 20
Names index prescribed (Act s. 239(1)(k)) 21
Application for information in names index to be excluded from inspections 22
Provision of suppressed information to government organisations 23
Suppressed information, provision of to others 23

Schedule 1 — Fees

Division 1 — Registrations and recordings

Division 2 — Lodgments

Division 3 — Withdrawals

Division 4 — Applications

Division 5 — Certificates

Division 6 — Inspection and/or copies of documents

Division 7 — Miscellaneous

Schedule 2 — Services and matters for which fees cannot be charged

Notes

Compilation table 36

Other notes 39

Defined terms

Transfer of Land Act 1893

Transfer of Land Regulations 2004

Part 1 — Preliminary

[Heading inserted: Gazette 22 May 2009 p. 1700.]

1. Citation

These regulations may be cited as the Transfer of Land Regulations 2004.

2. Commencement

These regulations come into operation on 6 September 2004.

Part 2 — General

[Heading inserted: Gazette 22 May 2009 p. 1701.]

3A. Documents in substantially same terms are counterparts (Act s. 4(1CB)(e))

For the purposes of section 4(1CB)(e) of the Act, the following are prescribed —

(a) any certification given in accordance with the participation rules;

(b) any certification or statement required under —

(i) these regulations; or

(ii) any requirement determined under section 182A of the Act;

(d) any data or information of an administrative nature and that —

(i) is required by an approved form; or

(ii) is required for the purposes of lodging a document electronically; or

(iii) is included in or on a document as part of the lodgment process, or in connection with processing, registering, noting, filing or recording the document or any other document;

(e) headings to a document or part of a document;

(f) any identifier allocated to a document, for example a form number or approval number;

(g) abbreviations of terms;

(h) the formatting of a document, including (without limitation) —

(i) the capitalisation of words;

(ii) the numbering of provisions;

(iii) page numbering;

(iv) the presence or absence of lines, boxes and other similar typographical devices;

(i) a logo or other similar material that identifies a document with a particular person or organisation;

(j) information or data that consists of instructions or notes to assist in the completion of a document.

[Regulation 3A inserted: Gazette 30 May 2014 p. 1684; amended: SL 2023/117 r. 4.]

3. Paper documents for lodgment, requirements for

(1) Each document presented in paper medium for lodgment with the Registrar or registration or entry in the Register —

(a) is to be prepared on paper of a type and quality approved by the Registrar; and

(b) is to be clearly and legibly handwritten in ink, printed, or typewritten; and

(c) is to have the signature of any party to the document, and that of any witness to such signature, written in ink; and

(d) consisting of more than one page is to be bound in a manner approved by the Registrar; and

(e) on an approved form is to show the Registrar’s approval number for the form at the top of the first page.

[(2) deleted]

[Regulation 3 amended: Gazette 29 Dec 2006 p. 5915; 30 May 2014 p. 1685.]

4. Certificates of title for land in existing certificate

Where an application is made for a certificate of title for the whole or part of the land the subject of any existing certificate or certificates of title the Registrar may, if the Registrar thinks fit, instead of creating the certificate of title so applied for, create and register a certificate of title for each lot or location or for any number of lots or locations included in that land.

5. New certificate of title if old one too full for further endorsement

If the Registrar is satisfied that a certificate of title in paper medium is too full for further endorsement then the Registrar may create and register a new certificate of title.

[5A. Deleted: Gazette 22 Mar 2016 p. 835.]

[6, 7. Deleted: Gazette 22 May 2009 p. 1701.]

8. Area prescribed (Act s. 129C(1a))

(1) In this regulation —

benefited lot means a lot that is benefited by —

(a) the single dwelling covenant the subject of the application; or

(b) any other single dwelling covenant;

circle means a notional circle that has its centre at the centre of the lot the subject of the application;

lot and single dwelling covenant have the same meanings as in section 129C of the Act.

(2) If there are 200 or more benefited lots inside a circle with a radius of 250 m, the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within that circle.

(3) If there are —

(a) less than 200 benefited lots within a circle with a radius of 250 m; and

(b) no benefited lots in the area between that circle and a circle with a radius of 230 m,

the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within the circle with a radius of 250 m.

(4) If subregulation (3) does not apply and there are 200 or more benefited lots inside a circle with a radius of 260 m, the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within that circle.

(5) If there are —

(a) less than 200 benefited lots within a circle with a radius of 260 m; and

(b) no benefited lots in the area between that circle and a circle with a radius of 240 m,

the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within a circle with a radius of 260 m.

(6) If none of subregulations (2), (3), (4) and (5) apply, the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within a circle with a radius of 270 m.

(7) For the purposes of this regulation —

(a) the position of the centre and boundary of a circle is to be determined by a licensed surveyor (as defined in the Licensed Surveyors Act 1909 section 3(1)) who holds a current practising certificate under that Act; and

(b) a lot is inside a circle if any part of the lot is inside the circle.

Part 3A — Provisions relating to Electronic Conveyancing Act 2014

[Heading inserted: Gazette 30 May 2014 p. 1685.]

Division 1 — Certain registry instruments must be lodged by means of an ELN

[Heading inserted: Gazette 24 Nov 2017 p. 5680.]

8A. Terms used

(1) In this Division —

ELN means an ELN provided and operated under the Electronic Conveyancing Act 2014.

(2) If a term is given a meaning in the Electronic Conveyancing Act 2014, it has the same meaning in this Division unless the contrary intention appears in this Division.

[Regulation 8A inserted: Gazette 24 Nov 2017 p. 5680.]

8B. Registry instruments to which this Division applies

This Division applies to a registry instrument that may be lodged under the Act for the purpose of —

(a) mortgaging an estate or interest in land or discharging the mortgage of an estate or interest in land; or

(b) transferring an estate or interest in land; or

[Regulation 8B inserted: Gazette 24 Nov 2017 p. 5680.]

8C. Certain registry instruments must be lodged by means of an ELN

(1) If a registry instrument can be lodged by means of an ELN, it must not be lodged otherwise than by means of an ELN.

(2) For the purposes of subregulation (1), a registry instrument can be lodged by means of an ELN if —

(a) the instrument can be lodged electronically under the Act, the Electronic Conveyancing Act 2014 and these regulations; and

(b) the ELN provides for the lodgment of that type of registry instrument.

(3) A failure to comply with subregulation (1) does not affect the validity of any registration, noting or withdrawal of noting under the Act.

(4) Subregulation (1) has effect subject to the rest of this Division.

[Regulation 8C inserted: Gazette 24 Nov 2017 p. 5680.]

8D. Where party to transaction is self‑represented

(1) Subject to subregulation (3), regulation 8C(1) does not apply to a registry instrument if a person required to sign the instrument is self‑represented and not a subscriber.

(2) A person is self‑represented, in relation to a registry instrument, if the person has not engaged another person, on a commercial basis, to assist in the completion of the conveyancing transaction for the purposes of which the instrument may be lodged.

(3) If the purpose for which a registry instrument may be lodged is the mortgaging of an estate or interest in land or the discharging of the mortgage of an estate or interest in land, subregulation (1) has effect without reference to the mortgagor.

(4) A person cannot use the exception in subregulation (1) in relation to more than 10 registry instruments in a 12 month period.

(5) A person uses the exception in subregulation (1) if they lodge, or a person on their behalf lodges, a registry instrument, other than by means of an ELN, in reliance on subregulation (1).

[Regulation 8D inserted: Gazette 24 Nov 2017 p. 5680-1.]

8E. Where 2 or more registry instruments lodged simultaneously

Regulation 8C(1) does not apply to a registry instrument if —

(a) the instrument is 1 of 2 or more registry instruments that are lodged at the same time; and

(b) the Registrar is satisfied that the instruments are related; and

(i) there is no ELN by means of which all of the instruments may be lodged; or

(ii) regulation 8C(1) does not apply to at least 1 of the instruments because of another provision of this Division.

[Regulation 8E inserted: Gazette 24 Nov 2017 p. 5681.]

8F. Registrar’s power to exempt

(1) The Registrar may exempt a person or a class of person from complying with regulation 8C(1) if satisfied that —

(a) it is in the public interest to do so; and

(b) not to do so would result in 1 or more persons suffering hardship, undue inconvenience or undue expense.

(2) The Registrar may grant an exemption by reference to a registry instrument or conveyancing transaction, a class of registry instrument or conveyancing transaction, all registry instruments or conveyancing transactions, or on some other basis.

[Regulation 8F inserted: Gazette 24 Nov 2017 p. 5681‑2.]

8G. When r. 8C(1) commences to apply to lodging certain registry instruments

(1) Regulation 8C(1) does not apply —

(a) to lodging a registry instrument before the effective date for the instrument; or

(b) to lodging a registry instrument if the instrument is signed, by at least 1 of the persons required to sign it, before the effective date for the instrument.

(2) The effective date for a registry instrument is —

(a) for an instrument that may be lodged for the purpose of mortgaging an estate or interest in land or discharging the mortgage of an estate or interest in land — 1 December 2017;

(b) for an instrument that may be lodged for the purpose of transferring an estate or interest in land or getting a caveat noted or its noting withdrawn — 1 May 2018.

[Regulation 8G inserted: Gazette 24 Nov 2017 p. 5682.]

Division 2 — General requirements

[Heading inserted: Gazette 24 Nov 2017 p. 5682.]

9AA. Requirements relating to electronic lodgment of mortgages

An instrument for the registration of a mortgage over land can be lodged electronically under the Electronic Conveyancing Act 2014 section 7(1) only if —

(a) the instrument —

(i) is a counterpart, in electronic form, of the instrument purporting to mortgage the land; and

(ii) purports to be digitally signed by or on behalf of the person who, on registration of the mortgage, will become the proprietor of the mortgage; and

(iii) does not purport to be signed by or on behalf of the proprietor of the land;

and

(b) the subscriber who digitally signs the instrument provides the specific certification required by the participation rules in relation to the lodging of an instrument for the registration of a mortgage over land; and

(i) the requirements of the Act and these regulations; and

(ii) any requirements determined under section 182A of the Act; and

(iii) the requirements of the Electronic Conveyancing Act 2014 and the participation rules;

and

(d) any requirement mentioned in paragraph (c)(i) to (iii) that relates to the lodging of the instrument is complied with.

[Regulation 9AA inserted: Gazette 30 May 2014 p. 1685.]

[9AB. Deleted: SL 2023/117 r. 5.]

Part 3B — Provisions relating to service

[Heading inserted: SL 2023/117 r. 6.]

9AC. Service of notices

(1) For the purposes of section 240(1)(a) of the Act, if the manner of service of a notice on a person under the Act is not provided for in the Act, service of the notice must be effected —

(a) by delivering the notice to the person personally; or

(b) by leaving the notice at the person’s address; or

(d) if, whether by means of a document lodged with the Registrar or otherwise, an email address for the service of notices under the Act has been provided by the person or by a lodging party acting on behalf of the person — by sending the notice to that email address; or

(e) subject to subregulation (2), by sending an email to the email address referred to in paragraph (d) informing the person that the notice is published on a webpage that can be accessed from the hyperlink provided in the email; or

(f) if the person has specified in a caveat or an approved form lodged with the Registrar that notices under the Act may be served on the person by facsimile transmission to the number of the person’s facsimile machine — subject to subregulation (3), by facsimile transmission to that number.

(2) Subregulation (1)(e) applies only to the service of notices by the Commissioner or Registrar.

(3) Subregulation (1)(f) applies only if the caveat or approved form referred to in that paragraph was lodged with the Registrar before the day on which the Transfer of Land Amendment Act 2022 section 44 came into operation.

(4) For the purposes of a provision of the Act in the Table, an email address provided by a person for the purposes of the Act is prescribed.

Table

s. 30(5)(c)	s. 81W(9)(c)
s. 106(2)(d)	s. 121(2)(d)
s. 137(1D)(c)	s. 240A(1)(b)

[Regulation 9AC inserted: SL 2023/117 r. 6.]

9AD. Application of r. 9AC(1) to service of notices on Commissioner or Registrar

For the purposes of the application of regulation 9AC(1) to the manner of service of a notice on the Commissioner or Registrar under the Act —

(a) the address of the Commissioner or Registrar for regulation 9AC(1)(b) is 1 Midland Square, Midland WA 6056; and

(b) the address of the Commissioner or Registrar for regulation 9AC(1)(c) is —

(i) 1 Midland Square, Midland WA 6056; or

(ii) PO Box 2222 Midland WA 6936; or

(iii) any other postal address published by the Authority on its website for the purposes of that paragraph;

and

(c) regulation 9AC(1)(d) has effect as if it provided that the address for the service of notices by email on the Commissioner or Registrar is the email address specified for the purposes of that paragraph —

(i) by the Authority on its website; or

(ii) in a notice served under the Act by the Commissioner or Registrar.

[Regulation 9AD inserted: SL 2023/117 r. 6.]

9AE. Term used: address

(1) In this regulation —

address, except in relation to regulation 9AC(1)(b), includes an Australian post office box address.

(2) For the purposes of regulation 9AC(1)(b) and (c), address in relation to a person (other than the Commissioner or Registrar) means —

(a) the address specified by the person in a caveat or an approved form lodged with the Registrar as the address to which notices to that person may be sent; or

(b) if an address has not been specified under paragraph (a) — the address entered in the Register as the person’s address; or

(c) in the case of an individual for whom an address has not been specified under paragraph (a) or entered in the Register — the individual’s last known address; or

(d) in the case of a person other than an individual for which an address has not been specified under paragraph (a) or entered in the Register —

(i) the person’s registered office (if any) as defined in the Corporations Act 2001 (Commonwealth) section 9, or the person’s principal place of business or principal office in the State; or

(ii) the address of the office of any administrator, manager, receiver or liquidator appointed under the Corporations Act 2001 (Commonwealth) in relation to the person if that address is the most recent address lodged with the Australian Securities and Investments Commission for the administrator, manager, receiver or liquidator.

[Regulation 9AE inserted: SL 2023/117 r. 6.]

9AF. Service of notices by means of email

(1) For the purposes of regulation 9AC(1)(d) and (4), a notice sent by a person (the sender) to another person’s email address is taken not to have been served on that person unless —

(a) the email specifies the sender’s name and a telephone number for contacting the sender; and

(b) in the case of a notice that is sent as an attachment to the email —

(i) the email describes the purpose of the notice and specifies the person on whom it is being served; and

(ii) the attachment sets out clearly the terms of the notice;

and

(c) in the case of a notice that is not sent as an attachment to the email — the email describes the purpose of the notice, sets out clearly the terms of the notice and specifies the person on whom it is being served.

(2) For the purposes of regulation 9AC(1)(e), a notice that is published on a webpage that can be accessed from the hyperlink provided in an email sent by the Commissioner or Registrar (the sender) to a person’s email address is taken not to have been served on the person unless —

(a) the email specifies the sender’s name and a telephone number for contacting the sender; and

(b) the email describes the purpose of the notice and specifies the person on whom it is being served; and

(d) the notice can be accessed by means of the hyperlink from the time the email is sent to the end of the period that is reasonable to allow the person to read or copy the notice; and

(e) the terms of the notice are set out clearly in the published notice.

(3) Subregulation (2)(d) applies whether or not the notice is accessed by means of the hyperlink within the period referred to in that paragraph.

[Regulation 9AF inserted: SL 2023/117 r. 6.]

9AG. When service is taken to be effected

(1) In this regulation —

electronic communication has the meaning given in the Electronic Transactions Act 2011 section 5(1);

working day means a day other than a Saturday, a Sunday or a public holiday.

(2) For the purposes of regulation 9AC(1) and (4), service of a notice on a person is taken to be effected —

(a) in the case of service under regulation 9AC(1)(a) — at the time the notice is delivered to the person; or

(b) in the case of service under regulation 9AC(1)(b) — at the time the notice is left at the person’s address; or

(c) in the case of service under regulation 9AC(1)(c) to an address in Australia — at the time the notice would have been delivered in the ordinary course of post; or

(d) in the case of service under regulation 9AC(1)(c) to an address outside Australia — on the 20th working day after the day on which the notice was posted; or

(e) in the case of service by means of an electronic communication under regulation 9AC(1)(d), (e) or (f) or (4) — at the time of receipt of the electronic communication in accordance with the Electronic Transactions Act 2011 section 14.

(3) Subregulation (2)(c) and (d) apply unless the contrary is proved.

[Regulation 9AG inserted: SL 2023/117 r. 6.]

Part 3 — Fees

[Heading inserted: Gazette 22 May 2009 p. 1701; amended: SL 2021/151 r. 12.]

9A. Fees (Sch. 1)

(1) The fee for the registration or recording of an instrument, order or other document of a kind mentioned in an item of Schedule 1 Division 1 is the fee specified in that item in relation to that instrument, order or other document.

(2) The fee for the lodgment of an instrument, plan or other document of a kind mentioned in an item of Schedule 1 Division 2 is the fee specified in that item in relation to that instrument, plan or other document.

(3) The fee for the withdrawal of a document —

(a) of a kind mentioned in Schedule 1 Division 3 item 1 or 2 is the fee specified in that item;

(b) from registration or recording is the fee specified in Schedule 1 Division 3 item 3.

(4) The fee for an application of a kind mentioned in an item of Schedule 1 Division 4 is the fee specified in that item in relation to that application.

(5) The fee for —

(a) the issue of a certificate of title under Schedule 1 Division 5 item 1 is the fee specified in that item;

(b) a certificate of a kind mentioned in Schedule 1 Division 5 item 2 is the fee specified in that item;

(d) the issue of a certified and sealed document under Schedule 1 Division 5 item 4 is the fee specified in that item.

(6) The fee for providing a service relating to a search, an inspection or the provision of a copy mentioned in an item of Schedule 1 Division 6 is the fee specified in that item in relation to that search, inspection or provision.

(7) The fee for providing a service or performing a function mentioned in an item of Schedule 1 Division 7 is the fee specified in that item.

(8) Despite subregulations (1) to (7), fees are not to be charged for the provision of a service, performance of a function or other matter specified in Schedule 2.

(9) If the Registrar is satisfied in a particular case that it is appropriate to do so, the Registrar may waive or refund a fee payable under —

(a) Schedule 1 Division 2 item 2; or

(b) Schedule 1 Division 4 item 7 if the matter relates to an application to bring land under the Act; or

(d) Schedule 1 Division 7 item 1 if the matter relates to an application to bring land under the Act; or

(e) Schedule 1 Division 7 item 6.

(10) Regulation 9B contains further supplementary provisions relating to fees.

[Regulation 9A inserted: Gazette 22 May 2009 p. 1701-2; amended: Gazette 22 Jun 2012 p. 2782; 23 Jun 2017 p. 3182; 21 May 2019 p. 1475; SL 2021/88 r. 8; SL 2023/117 r. 7; SL 2025/178 r. 8.]

9B. Supplementary provisions relating to fees

(1) If a single approved form is used for 2 or more surrenders, Schedule 1 Division 1 item 3 applies separately in respect of each surrender.

(2) The fee payable in respect of a caveat under Schedule 1 Division 2 item 1 remains payable (and therefore does not have to be refunded) even if the caveat becomes null and void under section 137(1C) of the Act.

(3) If a single approved form is used to apply for the removal of 2 or more encumbrances from 1 or more certificates of title, Schedule 1 Division 4 item 7 applies separately in respect of each encumbrance.

[(4), (5) deleted]

[Regulation 9A inserted: SL 2021/88 r. 9; amended: SL 2023/117 r. 8.]

[9. Deleted: Gazette 19 Jun 2009 p. 2236.]

Part 4 — Inspection of Register

[Heading inserted: Gazette 22 May 2009 p. 1702.]

Division 1 — Times for inspection of Register and related documents

[Heading inserted: Gazette 22 May 2009 p. 1702.]

10. Times for inspection prescribed (Act s. 239(1))

(1) The inspection times prescribed for the purposes of section 239(1) of the Act are Mondays to Fridays (other than bank holidays or public service holidays) 8.30 am to 4.30 pm.

(2) Subregulation (1) does not prevent any of the information referred to in section 239(1) of the Act that can be inspected by means of a computer from outside the business premises of the Registrar from being inspected by those means at any time.

[Regulation 10 inserted: Gazette 22 May 2009 p. 1702-3; amended: Gazette 19 Jun 2009 p. 2236; 21 May 2019 p. 1475; SL 2022/62 r. 10.]

Division 2 — Names index

[Heading inserted: Gazette 22 May 2009 p. 1703.]

11. Terms used

In this Division —

department has the meaning given in the Public Sector Management Act 1994 section 3(1);

names index means information derived from —

(a) the Register as to —

(i) the name of each person who is a proprietor; and

(ii) each interest that a proprietor has;

and

(b) the book referred to in section 143(1A) of the Act as to —

(i) the name of each person who is a proprietor; and

(ii) each interest a proprietor has; and

(iii) the name and address of each person appointed to act for a proprietor,

but does not include suppressed information;

organisation has the meaning given in the Public Sector Management Act 1994 section 3(1);

relevant entity means —

(a) a body established by the Electricity Corporations Act 2005 section 4(1); or

(b) a port authority established by the Port Authorities Act 1999 section 4(1); or

(d) the Police Force of Western Australia provided for by the Police Act 1892; or

(e) the Western Australian Land Authority established by the Western Australian Land Authority Act 1992 section 5(1);

suppressed information means information that is not to be inspected as part of the names index by operation of regulation 13.

[Regulation 11 inserted: Gazette 22 May 2009 p. 1703; amended: SL 2023/117 r. 9.]

12. Names index prescribed (Act s. 239(1)(k))

The names index is prescribed for the purposes of section 239(1)(k) of the Act.

[Regulation 12 inserted: Gazette 22 May 2009 p. 1703.]

13. Application for information in names index to be excluded from inspections

(1) A person may apply, in an approved form, for information not to be inspected as part of the names index.

(2) An application is to be accompanied by —

(a) particulars of the information in respect of which the application is made; and

(b) evidence, in a statutory declaration or other manner approved by the Registrar, to the effect that inspection of the information is likely to place at risk the personal safety of a proprietor or a member of the family of a proprietor.

(3) From the time when the Registrar receives an application made under subregulation (1), the information in respect of which the application is made is not to be inspected as part of the names index.

(4) The Registrar may direct that all or part of the information in respect of which an application under subregulation (1) is made may be inspected as part of the names index if the Registrar is not satisfied that inspection of the information is likely to place at risk the personal safety of a proprietor or a member of the family of a proprietor.

(5) The Registrar is to notify the applicant of a decision to make a direction under subregulation (4).

(6) A person who is not satisfied with a decision of the Registrar may apply to the State Administrative Tribunal for a review of the decision.

(7) The Registrar is to direct that all or part of the information in respect of which an application under subregulation (1) is made may be inspected as part of the names index —

(a) on the written request of a person to whom the information relates; and

(b) immediately or at such later time as requested by the person.

[Regulation 13 inserted: Gazette 22 May 2009 p. 1703-4; amended: Gazette 23 Jun 2017 p. 3182; SL 2023/117 r. 10.]

14. Provision of suppressed information to government organisations

(1) The Registrar may provide suppressed information to a department, organisation, local government, regional local government, regional subsidiary or relevant entity by arrangement with —

(a) its chief executive officer or chief employee; or

(b) in relation to a regional subsidiary to which paragraph (a) does not apply — the presiding member of the regional subsidiary’s governing body or as otherwise provided for in the regional subsidiary’s charter prepared under the Local Government Act 1995 section 3.70; or

(c) in relation to the relevant entity that is the Police Force of Western Australia — the person holding or acting in the office of Commissioner of Police under the Police Act 1892.

(2) A person who is provided with suppressed information under subregulation (1) must not use or disclose the information except for a purpose relevant to the functions of the department, organisation, local government, regional local government, regional subsidiary or relevant entity.

[Regulation 14 inserted: Gazette 22 May 2009 p. 1704; amended: SL 2023/117 r. 11.]

15. Suppressed information, provision of to others

(1) The Registrar may, on the request of a person, provide suppressed information to the person for a purpose approved by the Registrar.

(2) The Registrar is not to provide suppressed information to a person unless —

(a) the Registrar is satisfied that the provision of the information is not likely to place at risk the personal safety of a proprietor or a member of the family of a proprietor; and

(b) the person gives an undertaking that the person —

(i) will use the information only for the purpose approved by the Registrar; and

(ii) will not copy the information or give it to any other person; and

(iii) will return the information to the Registrar or destroy the information after using it for the approved purpose.

[Regulation 15 inserted: Gazette 22 May 2009 p. 1704-5.]

Schedule 1 — Fees

[r. 9A, 9B]

[Heading inserted: Gazette 21 May 2019 p. 1476.]

Division 1 — Registrations and recordings

[Heading inserted: Gazette 21 May 2019 p. 1476.]

1. Of a transfer of a mortgage or charge —
first mortgage or charge $216.60
subsequent mortgage or charge $16.90
1. Of a transfer —
(a) that is exempt from duty under the Stamp Act 1921 or the Duties Act 2008; or
(b) on which nominal duty is chargeable under the Duties Act 2008; or
(c) on which duty is chargeable under the Stamp Act 1921 Second Schedule item 6 $216.60
1. Of a transfer of a lease, surrender, easement or restrictive covenant $216.60
1. Of any other transfer where the value of the consideration in respect of the land or the value of the land as assessed under the Stamp Act 1921 or the Duties Act 2008, whichever is the greater —
does not exceed $85 000 $216.60
exceeds $85 000 but does not exceed $120 000 $226.60
exceeds $120 000 but does not exceed $200 000 $246.60
plus, for each whole or part of $100 000 above $200 000 $20.00
Note: Where — (a) duty is assessed on a parcel of land; and (b) transfers are lodged for parts of that parcel; and (c) a separate value for each part is not allocated in the contract,
the fee for registering and recording the first of the transfers lodged for registration is to be assessed under item 4 on the value as assessed under the Stamp Act 1921 or the Duties Act 2008 of the parcel and, subject to proof of the payment of that fee, the fee for registering and recording each of the second and subsequent of the transfers is $216.60
Note: The fees specified in items 1 to 4 include the creation and registration of a new certificate of title where such certificate is required by the Registrar.
1. Of a mortgage or charge or of a whole or partial discharge of a mortgage or charge — for each interest $216.60
1. Of an extension of a mortgage or charge — for each interest $216.60
1. Of a Crown lease or of a freehold lease or sub‑lease or extension of a freehold lease $216.60
1. Of a memorial or notification under any State or Commonwealth Act (unless exempted from payment under that Act) $216.60
1. Of an order of the Supreme Court, the District Court or a Magistrates Court $216.60
1. Of revocation of a power of attorney $216.60
1. Of an instrument not specifically provided for in this Division $216.60

[Division 1 inserted: Gazette 21 May 2019 p. 1476‑7; amended: SL 2020/76 r. 8; SL 2021/88 r. 10(4); SL 2022/62 r. 11; SL 2023/44 r. 10; SL 2024/83 r. 10; SL 2025/85 r. 10.]

Division 2 — Lodgments

[Heading inserted: Gazette 21 May 2019 p. 1477.]

1.	Of a caveat, a power of attorney or a declaration of trust	$216.60
2.	Of a deposited plan of Crown land that is not a subdivision —
	(a) general fee	$350.00
	(b) for each lot	$93.00
	(c) for each sheet in addition to the first sheet	$350.00
3.	Of any other deposited plan —
	(a) general fee	$350.00
	(b) for each lot (including any lot shown on an inset on the plan) other than a lot vesting in the Crown under the Planning and Development Act 2005 section 152	$93.00
4.	Of a replacement plan	$350.00
5.	Of a duplicate lease for the registration or recording of a dealing lodged by a third party —
	(a) for the first lease	$108.30
	(b) for each subsequent lease	$7.90
6.	Of a memorandum within the meaning of section 54(1) of the Act — section 54(2) of the Act	$216.60
7.	Of a form for the notification of a factor affecting the use or enjoyment of land — section 70A(1) of the Act	$216.60
8.	Of an instrument for a restrictive covenant created under section 129BA of the Act — section 129BA(2)(b) of the Act	$216.60
9.	Of an instrument for an easement created under Part IVA of the Act — section 136C(4) of the Act	$216.60
10.	Of an instrument for a restrictive covenant created under Part IVA of the Act — section 136D(3) of the Act	$216.60

[Division 2 inserted: Gazette 21 May 2019 p. 1477; amended: SL 2020/76 r. 8; SL 2021/88 r. 10(4); SL 2022/62 r. 11; SL 2023/44 r. 10; SL 2023/117 r. 12(1); SL 2024/83 r. 10; SL 2025/85 r. 10.]

Division 3 — Withdrawals

[Heading inserted: Gazette 21 May 2019 p. 1478.]

1.	Of a caveat, order of the Supreme Court, the District Court or a Magistrates Court, a memorial under the Taxation Administration Act 2003 Part 6 Division 2 or a memorial under the Land Tax Assessment Act 1976 section 46 that was registered before that Act was repealed 1, or any other Act or Commonwealth Act (unless exempted from payment under that Act)	$216.60
2.	Of a memorial or notification under the Water Services Act 2012	$216.60
3.	Of a document from registration or recording	$108.30

[Division 3 inserted: Gazette 21 May 2019 p. 1478; amended: SL 2020/76 r. 8; SL 2021/88 r. 10(4); SL 2022/62 r. 11; SL 2023/44 r. 10; SL 2024/83 r. 10; SL 2025/85 r. 10.]

Division 4 — Applications

[Heading inserted: Gazette 21 May 2019 p. 1478.]

1. For a new certificate of title in respect of undivided shares in land —
(a) for one certificate $216.60
(b) for each additional certificate $7.90
1. For a new certificate of title the subject of a deposited plan $216.60
plus, for each lot shown on the deposited plan, other than a lot that is proposed to be vested in the Crown under the Planning and Development Act 2005 section 152 $7.90
1. For a new certificate of title in any other case $216.60
1. To amend certificates of title of other owners affected by section 170 of the Act — for each certificate of title affected $216.60
1. To serve a section 138A caveator with notice under section 138B of the Act $405.20
[6. deleted]
1. An application in respect of any matter not specifically provided for in this Division $216.60

[Division 4 inserted: Gazette 21 May 2019 p. 1478; amended: SL 2020/76 r. 8; SL 2021/88 r. 10(4); SL 2022/62 r. 11; SL 2023/44 r. 10; SL 2023/117 r. 12(2); SL 2024/83 r. 10; SL 2025/85 r. 10.]

Division 5 — Certificates

[Heading inserted: Gazette 21 May 2019 p. 1478.]

1.	For the issue of a certificate of title, either on request or where necessary in connection with an application or process (except where this service is included in another fee)	$216.60
2.	For a certificate of ownership issued under the Local Government Act 1995 section 9.41	$77.00
3.	For certification by the Registrar of a certificate of title, Crown lease, deposited plan, plan, diagram or other document	$77.00
4.	For the issue of a certified and sealed document for the purposes of section 239B(1)(b) of the Act	fee as assessed by the Registrar, not exceeding actual cost

[Division 5 inserted: Gazette 21 May 2019 p. 1478‑9; amended: SL 2020/76 r. 8; SL 2021/88 r. 10(4); SL 2022/62 r. 11; SL 2023/44 r. 10; SL 2024/83 r. 10; SL 2025/85 r. 10.]

Division 6 — Inspection and/or copies of documents

[Heading inserted: Gazette 21 May 2019 p. 1479.]

1. Inspection of a Crown lease, Crown title, permit or licence $32.60
1. Copy of a Crown lease, Crown title, permit or licence $32.60
1. Inspection of a Crown land lease $32.60
1. Copy of a Crown land lease $32.60
1. Inspection of a certificate of title —
(a) where required as a result of a check search $16.30
(b) in other cases $32.60
1. Copy of a certificate of title —
(a) where required as a result of a check search $16.30
(b) in other cases $32.60
1. Inspection of a plan, diagram or deposited plan $32.60
1. Copy of a plan, diagram or deposited plan $32.60
1. Inspection of a licensed surveyor’s field record $32.60
1. Copy of a licensed surveyor’s field record $32.60
1. Copy of a plan, diagram, deposited plan, survey index plan or licensed surveyor’s field record obtained by use of the online facility known as the “Survey Channel” of “MyLandgate” or by use of any other online facility that is maintained by, or on behalf of, the Registrar as a service specially for the use of surveyors, cartographers and planning professionals fee as assessed by the Registrar, not exceeding actual cost
1. Inspection of the record of dealings and matters referred to in section 48A(2) or 81P of the Act, as is relevant to the case, that were endorsed on previous digital versions of a digital title, but are not endorsed on the current version of that digital title $16.30
1. Inspection of other documents and related information not specifically provided for in this Division, including documents listed as subject to dealing and status reports $32.60 per document
1. Copy of other documents and related information not specifically provided for in this Division, including documents listed as subject to dealing and status reports $32.60 per document
1. Copy of a survey index plan $32.60
1. Check search $16.30
1. In response to a request via a privately owned data terminal for a check search to be sent to that data terminal $16.30
Note: The fee specified in item 17 includes taking a hard copy of screen print.
1. Inspection of a power of attorney document where the number is known $32.60
1. Copy of a power of attorney document where the number is known $32.60

[Division 6 inserted: Gazette 21 May 2019 p. 1479‑80; amended: SL 2020/76 r. 8; SL 2021/88 r. 10(2) and (4); SL 2022/62 r. 11; SL 2023/44 r. 10; SL 2024/83 r. 10; SL 2025/85 r. 10.]

Division 7 — Miscellaneous

[Heading inserted: Gazette 21 May 2019 p. 1479.]

1. For advertising (minimum fee payable on lodgment of application, additional actual cost payable when actual cost is known) $216.60 plus actual cost above $216.60
1. For —
(a) a map or a colouring of a map on a copy of a certificate of title, Crown lease, deposited plan or other document; or
(b) drafting of a deposited plan or other document; or (c) the provision of consultancy services relating to project planning and project conveyancing fee as assessed by the Registrar, not exceeding actual cost
1. For dispensing with the production of an instrument $188.60
1. Supply of statement of grounds $188.60
1. Order for stay of registration under section 148 of the Act $188.60
1. For requisitions raised on —
(a) a deposited plan or other survey document $141.10
(b) any other document $108.30
1. For amendments made to a deposited plan or other survey document on which requisitions have been raised fee as assessed by the Registrar, not exceeding actual cost
1. For serving a caveator with notice under section 138 or 141A of the Act — each caveat $188.60
1. Cancellation of a deposited plan or any other plan $269.00
1. Search of a historical tenure fee as assessed by the Registrar, not exceeding actual cost
1. Providing a replica of a certificate of title, plan or document registered in the State actual cost
1. For rejection of a document under section 192(1) of the Act 100% of the registration, recording, lodgment or application fee paid or payable on thedocument
1. For registrations and recordings under Division 1, lodgments under Division 2 and applications under Division 4 — involving more than 20 certificates or leases — each certificate or lease in excess of 20 $7.90

[Division 7 inserted: Gazette 21 May 2019 p. 1480‑81; amended: SL 2020/76 r. 8; SL 2021/88 r. 10(3) and (4); SL 2022/62 r. 11; SL 2023/44 r. 10; SL 2023/117 r. 12(3); SL 2024/83 r. 10; SL 2025/85 r. 10.]

Schedule 2 — Services and matters for which fees cannot be charged

[r. 9A(8)]

[Heading amended: Gazette 27 May 2005 p. 2295; 22 May 2009 p. 1705.]

Lodgment or withdrawal of a memorial under —

(a) the Local Government Act 1995 Schedule 6.3 clause 2; or

[(b) deleted]

2A. Registration or revocation of an environmental protection notice under the Environmental Protection Act 1986 section 66.

In respect of the transfer of loans for housing to financial institutions participating in the Home Buyers Guarantee Scheme of the State from other financial institutions, fees for the registration of a mortgage or the discharge of a mortgage, photocopy of a certificate of title, search of a deposited plan, plan, diagram or other document and photocopying or check search.
In respect of the lodging by a person of or the use by a third party of a duplicate lease for a purpose referred to in item 1 or 2.
To change the address of the registered proprietor on the certificate of title.

4A. To make an application to the Registrar under section 240A(2) of the Act.

An application for the issue of a Crown land title or qualified Crown land title for Crown land and an endorsement on that title of details of —

(a) the creation of a reserve under the Conservation and Land Management Act 1984 section 8, 10 or 13;

(b) matters to which the Marine and Harbours Act 1981 section 9 or 10 applies;

(d) a vesting in a port authority established under the Port Authorities Act 1999;

(e) the declaration of a water reserve or catchment area under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 section 13;

(f) a soil conservation reserve under the Soil and Land Conservation Act 1945 section 22 or 26.

Creation and registration of a certificate of title by the Registrar under regulation 4 (if different from the applicant’s request) or regulation 5.
Lodgments by or on behalf of the Registrar.
Lodgment of a dealing, deposited plan or other document by or on behalf of the Minister for Lands (other than such a lodgment by the Minister on behalf of another person).

[9. deleted]

An application for information not to be inspected as part of the names index.
An application to bring land under the Act.
Lodgment of a plan that relates to an application to bring land under the Act.
Withdrawal of a document that relates to an application to bring land under the Act from registration or recording.

[Schedule 2 amended: Gazette 25 Jun 2007 p. 2978; 20 Jun 2008 p. 2717; 13 Apr 2012 p. 1659; 26 Jul 2013 p. 3349; 23 Jun 2017 p. 3185; SL 2023/117 r. 13; SL 2024/83 r. 11; SL 2025/178 r. 9.]

[Schedule 3 deleted: Gazette 19 Jun 2009 p. 2241.]

dline

Notes

This is a compilation of the Transfer of Land Regulations 2004 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Transfer of Land Regulations 2004	2 Sep 2004 p. 3829‑46	6 Sep 2004 (see r. 2)
Transfer of Land Amendment Regulations 2005	27 May 2005 p. 2293‑5	27 May 2005
Transfer of Land Amendment Regulations (No. 3) 2005	24 Jun 2005 p. 2761‑4	4 Jul 2005 (see r. 2)
Transfer of Land Amendment Regulations (No. 2) 2005	15 Jul 2005 p. 3283‑302	15 Jul 2005
Transfer of Land Amendment Regulations 2006	7 Jul 2006 p. 2502‑11	10 Jul 2006 (see r. 2)
*Reprint 1: The Transfer of Land Regulations 2004* as at 3 Nov 2006** (includes amendments listed above)
Transfer of Land Amendment Regulations (No. 2) 2006	29 Dec 2006 p. 5915	1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369)
Transfer of Land Amendment Regulations 2007	25 Jun 2007 p. 2968‑78	r. 1 and 2: 25 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Jul 2007 (see r. 2(b))
Transfer of Land Amendment Regulations 2008	20 Jun 2008 p. 2710‑17	r. 1 and 2: 20 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b))
Transfer of Land Amendment Regulations (No. 2) 2008	9 Jan 2009 p. 29-36	r. 1 and 2: 9 Jan 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Jan 2009 (see r. 2(b))
*Reprint 2: The Transfer of Land Regulations 2004* as at 6 Feb 2009** (includes amendments listed above)
Transfer of Land Amendment Regulations 2009	22 May 2009 p. 1700-5	r. 1 and 2: 22 May 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 23 May 2009 (see r. 2(b))
Transfer of Land Amendment Regulations (No. 2) 2009	19 Jun 2009 p. 2236‑41	r. 1 and 2: 19 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)(i))
Transfer of Land Amendment Regulations 2010	18 Jun 2010 p. 2679-82	r. 1 and 2: 18 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b))
Transfer of Land Amendment Regulations 2011	14 Jun 2011 p. 2133‑6	r. 1 and 2: 14 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
*Reprint 3: The Transfer of Land Regulations 2004* as at 2 Mar 2012** (includes amendments listed above)
Transfer of Land Amendment Regulations 2012	13 Apr 2012 p. 1658‑9	r. 1 and 2: 13 Apr 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Apr 2012 (see r. 2(b)(ii))
Transfer of Land Amendment Regulations (No. 2) 2012	22 Jun 2012 p. 2782‑3	r. 1 and 2: 22 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b))
Transfer of Land Amendment Regulations 2013	26 Jul 2013 p. 3348-9	r. 1 and 2: 26 Jul 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2013 (see r. 2(b))
Transfer of Land Amendment Regulations (No. 2) 2013	14 Nov 2013 p. 5079	r. 1 and 2: 14 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and Gazette 14 Nov 2013 p. 5027)
Transfer of Land Amendment Regulations 2014	30 May 2014 p. 1683‑6	r. 1 and 2: 30 May 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Jun 2014 (see r. 2(b))
*Reprint 4: The Transfer of Land Regulations 2004* as at 5 Dec 2014** (includes amendments listed above)
Transfer of Land Amendment Regulations 2015	19 Jun 2015 p. 2136‑9	r. 1 and 2: 19 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))
Transfer of Land Amendment Regulations 2016	22 Mar 2016 p. 835-6	r. 1 and 2: 22 Mar 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Mar 2016 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2016 Pt 4	24 Jun 2016 p. 2320-5	1 Jul 2016 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 4	23 Jun 2017 p. 3181‑6	3 Jul 2017 (see r. 2(b))
Transfer of Land Amendment Regulations 2017	24 Nov 2017 p. 5679‑82	r. 1 and 2: 24 Nov 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Nov 2017 (see r. 2(b))
*Reprint 5: The Transfer of Land Regulations 2004* as at 19 Jan 2018** (includes amendments listed above)
Lands Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 4	15 Jun 2018 p. 1923‑8	1 Jul 2018 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 4	21 May 2019 p. 1474‑81	1 Jul 2019 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2020 Pt. 4	SL 2020/76 9 Jun 2020	1 Jul 2020 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 4	SL 2021/88 18 Jun 2021	1 Jul 2021 (see r. 2(b))
Lands Regulations Amendment (Surveys) Regulations 2021 Pt. 4	SL 2021/151 31 Aug 2021	1 Sep 2021 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 5	SL 2022/62 3 Jun 2022	1 Jul 2022 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 5	SL 2023/44 19 May 2023	1 Jul 2023 (see r. 2(b))
Transfer of Land Amendment Regulations 2023	SL 2023/117 26 Jul 2023	r. 1 and 2: 26 Jul 2023 (see r. 2(a)); r. 3 and 9‑11: 27 Jul 2023 (see r. 2(b)); Regulations other than r. 1-3 and 9-11: 7 Aug 2023 (see r. 2(c))
Lands Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 5	SL 2024/83 29 May 2024	1 Jul 2024 (see r. 2(b))
Lands Regulations Amendment (Fees and Charges) Regulations 2025 Pt. 5	SL 2025/85 11 Jun 2025	1 Jul 2025 (see r. 2(b))
Planning and Lands Regulations Amendment Regulations 2025 Pt. 3	SL 2025/178 15 Oct 2025	16 Oct 2025 (see r. 2(b))

Other notes

1 Repealed by the Taxation Administration (Consequential Provisions) Act 2002.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

address 9AE(1), (2)

benefited lot 8(1)

circle 8(1)

department 11

electronic communication 9AG(1)

ELN 8(1)

lot 8(1)

names index 11

organisation 11

relevant entity 11

sender 9AF(1), (2)

single dwelling covenant 8(1)

suppressed information 10(2)

working day 9AG(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Transfer of Land Act 1893

Transfer of Land Regulations 2004

Western Australia

Transfer of Land Regulations 2004

Contents

Part 1 — Preliminary

Citation 1
Commencement 1

Part 2 — General

3A. Documents in substantially same terms are counterparts (Act s. 4(1CB)(e)) 2

Paper documents for lodgment, requirements for 3
Certificates of title for land in existing certificate 3
New certificate of title if old one too full for further endorsement 4
Area prescribed (Act s. 129C(1a)) 4

Part 3A — Provisions relating to Electronic Conveyancing Act 2014

Division 1 — Certain registry instruments must be lodged by means of an ELN

8A. Terms used 6

8B. Registry instruments to which this Division applies 6

8C. Certain registry instruments must be lodged by means of an ELN 6

8D. Where party to transaction is self‑represented 7

8E. Where 2 or more registry instruments lodged simultaneously 8

8F. Registrar’s power to exempt 8

8G. When r. 8C(1) commences to apply to lodging certain registry instruments 9

Division 2 — General requirements

9AA. Requirements relating to electronic lodgment of mortgages 9

Part 3B — Provisions relating to service

9AC. Service of notices 11

9AD. Application of r. 9AC(1) to service of notices on Commissioner or Registrar 12

9AE. Term used: address 13

9AF. Service of notices by means of email 14

9AG. When service is taken to be effected 15

Part 3 — Fees

9A. Fees (Sch. 1) 17

9B. Supplementary provisions relating to fees 18

Part 4 — Inspection of Register

Division 1 — Times for inspection of Register and related documents

Times for inspection prescribed (Act s. 239(1)) 20

Division 2 — Names index

Terms used 20

This instrument introduces and operationalises a small set of discrete legal and technical concepts that control how Torrens‑system dealings are handled administratively. The most important are:

Registry instrument (Part 3A, r 8B): The Division concerning ELNs applies to any registry instrument that may be lodged under the Act for mortgaging or discharging a mortgage, transferring an estate or interest, or getting or withdrawing a caveat (r 8B). In practice this captures transfers, mortgages, discharges, and caveats , the high‑volume, title‑impact filings.
ELN and subscriber (r 8A): ELN is defined as an ELN provided and operated under the Electronic Conveyancing Act 2014 (r 8A(1)). The regulations defer to the Electronic Conveyancing Act and to “participation rules” for many operational details; for example, the certification a subscriber must give is required by the participation rules (r 9AA(b)). Where a term is defined in the Electronic Conveyancing Act it has the same meaning in this Division unless contrary intent appears (r 8A(2)).
Counterparts and what counts as a counterpart (r 3A): Regulation 3A prescribes a non‑exhaustive list of document content and formatting items that are to be treated as permissible differences between counterparts, including administrative data, headings, identifiers, formatting, logos, and completion instructions. This is addressed to the operation of s 4(1CB)(e) of the Act.
Mandatory lodging pathway (r 8C): If a registry instrument can be lodged by means of an ELN it must not be lodged otherwise than by means of an ELN (r 8C(1)), subject to the exceptions in the Division (self‑represented persons, simultaneous instruments, Registrar exemption, and timing/effective date rules). Importantly, non‑compliance does not affect the validity of registration (r 8C(3)).
Self‑represented exception and usage cap (r 8D): Individuals who are “self‑represented” (meaning they have not engaged another person on a commercial basis to assist with the conveyancing transaction) may lodge off‑ELN, but the exception is limited to no more than 10 registry instruments in a 12‑month period (r 8D(1)-(5)). For mortgages the exception excludes mortgagor protection (r 8D(3)).
Electronic mortgage requirements (r 9AA): Electronic lodgment of mortgages is permitted only when the lodged instrument is an electronic counterpart, digitally signed by the subscriber who will be proprietor of the mortgage, and does not purport to be signed on behalf of the proprietor of the land. The subscriber must provide a specific certification required by participation rules, and the instrument must otherwise comply with the Act, these regulations and participation rules (r 9AA).
Service by email and publication (rr 9AC-9AF): Service can be effected by email where an email address has been provided for service (r 9AC(1)(d)), and the Commissioner or Registrar may serve notices by sending an email with a hyperlink to a webpage (r 9AC(1)(e)), subject to formatting, identification and availability requirements (r 9AF(1)-(2)). The regulations define “address” for service purposes (r 9AE) and set precise timing rules for when service is taken to be effected, including reliance on the Electronic Transactions Act 2011 for timing of electronic communications (r 9AG).
Names index and suppressed information (rr 11-15): The names index is prescribed and comprises proprietor names and interests derived from the Register and the book under s 143(1A) of the Act, excluding “suppressed information” (r 11). Individuals may apply to the Registrar to have information excluded from inspection on safety grounds (r 13), and the Registrar can provide suppressed information to specified government entities by arrangement (r 14) or to other persons for approved purposes on undertaking (r 15).
Fee schedule and fee‑free matters (r 9A; Schs 1-2): The regulations fix fees for a wide range of services and transactions (Sch 1) and list services for which no fee can be charged (Sch 2). The Registrar has power to waive or refund particular fees in specified instances (r 9A(9)).

Each concept is cross‑referenced to an external rule‑set where appropriate (Electronic Conveyancing Act, participation rules, Electronic Transactions Act), making the regulations a node in a wider regulatory and technical architecture rather than a freestanding code.

The regulations allocate procedural obligations and costs across a set of stakeholders that includes private parties to land transactions, professional intermediaries, the Registrar and Commissioner, approved ELN operators and subscribers, surveyors, and government bodies. Who pays: Schedule 1 sets fixed fees payable by persons lodging instruments, requesting registrations, searches, copies or certificates, and other administrative services (r 9A; Sch 1). The fees are framed as per‑transaction or per‑document charges (for example transfers and mortgages at specific amounts, Sch 1 Div 1; lodgment and caveat fees, Sch 1 Div 2), and some costs are recoverable on an “actual cost” basis where indicated (Sch 1 Div 5 item 4; Div 7 items 2, 7, 10, 11).

Who decides: the Registrar has principal administrative control. The Registrar approves paper quality and form requirements (r 3), may create or replace certificates of title (rr 4-5), may exempt persons or classes from ELN requirements where in the public interest or to prevent hardship, undue inconvenience or expense (r 8F), decides on names‑index suppression applications (r 13(4)) and may provide suppressed information in controlled ways (rr 14-15). The Registrar also may waive or refund certain fees (r 9A(9)) and assesses fees on an actual cost basis in some cases (Sch 1 Divs 5 & 7). The Commissioner and Registrar are the named senders for publication service (r 9AC(1)(e)) and have specific contact addresses for service (r 9AD).

Direct professional stakeholders: conveyancers, solicitors and ELN subscribers are affected by mandatory ELN requirements (rr 8B-8C, 9AA). Where the ELN provides for lodgment of an instrument, the instrument must be lodged electronically unless an exception applies (r 8C(1)-(2)). Subscribers bear specific certification obligations for electronic mortgage lodgment (r 9AA(b)). Surveyors are engaged for technical determinations required under r 8(7), for example determining the centre and boundary of the circles used to calculate a prescribed area for single dwelling covenant provisions (r 8).

Individual parties: self‑represented persons may still lodge outside the ELN but the exception is limited (r 8D(1)-(5)). Persons lodging caveats, powers of attorney, and other standard registry instruments pay lodgment fees (Sch 1 Div 2). Individuals seeking suppression of proprietorship details must provide evidence by statutory declaration that inspection is likely to risk personal safety (r 13(1)-(2)).

Government and related entities: specified departments, organisations, local governments, regional subsidiaries and “relevant entities” (as defined in r 11) may be provided suppressed information by arrangement and are bound to use it only for functions relevant to them (r 14). Schedule 2 lists matters for which fees cannot be charged; these include lodgment or withdrawal of certain memorials and applications related to bringing land under the Act, which affects how government‑initiated dealings are handled administratively (Sch 2).

Market and operational effects: the mandatory ELN requirement channels volume through approved networks and their subscribers, imposing operational dependencies on ELN availability and participation rules. The fee schedule and the power to waive or refund fees create a pricing regime that affects cost of conveyancing services and may influence private decisions about whether to lodge, withdraw or pursue particular applications.

The regulations place concrete procedural duties on certain actors and also afford rights to applicants and registrants. Below is a mapping of the primary duties and rights, with the relevant regulatory text indicated.

Duties

Use ELN where available (r 8C(1)-(2)): If a registry instrument “can be lodged by means of an ELN” (meaning it is electronically lodgable under the Act, the Electronic Conveyancing Act and regulations, and the ELN provides for that instrument), it must be lodged via ELN. This is a default duty that applies to transfers, mortgages/discharges and caveats (r 8B).
Comply with electronic mortgage certification and signature requirements (r 9AA): An electronic mortgage must be an electronic counterpart, digitally signed by or on behalf of the person who will become proprietor of the mortgage; it must not purport to be signed by or on behalf of the proprietor of the land; the subscriber must provide specific certification required by the participation rules; and the instrument must comply with the Act, these regulations, any requirements under s 182A of the Act and the Electronic Conveyancing Act and participation rules (r 9AA(a)-(d)).
Present paper documents to Registrar in approved form and quality (r 3): Paper documents must be on Registrar‑approved paper, clear and legible, signed in ink, bound if multi‑page, and show the Registrar’s approval number on approved forms (r 3(1)(a)-(e)).
Service format and content for email notices (r 9AF): An email used for service must specify the sender’s name and telephone number. Where the notice is an attachment, the email must describe the purpose and specify the person served and the attachment must clearly set out the notice terms (r 9AF(1)(a)-(b)). For Commissioner/Registrar published notices via hyperlink, additional availability and content requirements apply (r 9AF(2)).
Use a licensed surveyor to determine the centre and boundary of circles for prescribed area calculations (r 8(7)(a)): The licensed surveyor must hold a current practising certificate under the Licensed Surveyors Act 1909 (r 8(7)(a)).
Fees: pay applicable fees as set out in Schedule 1 for registrations, lodgments, withdrawals, applications, certificates, inspections and miscellaneous services (r 9A(1)-(7); Sch 1).

Rights

Exception from ELN: Self‑represented persons may lodge off‑ELN under specified conditions (r 8D(1)-(5)). The exception is subject to quantitative limits (no more than 10 registry instruments in a 12‑month period, r 8D(4)) and special rules for mortgages (r 8D(3)).
Registrar discretion: The Registrar may exempt persons or classes from ELN requirements if in the public interest and to avoid hardship, undue inconvenience or undue expense (r 8F(1)-(2)), and may waive or refund specified fees (r 9A(9)).
Application to suppress names‑index information and review rights (r 13): A person may apply in approved form with a statutory declaration to have names‑index information excluded from inspection (r 13(1)-(2)). While the application suspends inspection from receipt (r 13(3)), the Registrar may direct that information be inspected if not satisfied safety grounds exist (r 13(4)), and the applicant may apply to the State Administrative Tribunal for review of that decision (r 13(6)).
Controlled disclosure of suppressed information (rr 14-15): The Registrar may provide suppressed information to certain government organisations by arrangement (r 14), and may provide suppressed information to others for approved purposes subject to undertakings and satisfaction about safety (r 15(1)-(2)).
Preservation of validity despite procedural error (r 8C(3)): A failure to comply with the ELN mandate does not affect the validity of any registration, noting or withdrawal under the Act.

Procedural rights around service and timing

Service modes and when effect occurs are set out (rr 9AC, 9AG): Service may be personal, by leaving at address, by pre‑paid post, by email if address provided, by publication‑link (limited to Commissioner/Registrar), and by facsimile in limited pre‑amendment cases (r 9AC(1)(a)-(f)). Service by electronic communication is taken to be effected at the time of receipt in accordance with the Electronic Transactions Act 2011 s 14 (r 9AG(2)(e)) and the regulations define what counts as an address for service (r 9AE).

Operational obligations derive from these duties and thresholds: lodging parties must verify ELN capability and plan for exceptions (r 8E), ensure digital signatures and certifications match participation rules (r 9AA), record use of self‑representation exception (r 8D(5) , defines “use” of exception), and prepare statutory declarations when seeking suppression of names‑index material (r 13(2)).

The regulations primarily set procedural and administrative requirements; they do not create a discrete penalty regime within the text provided. Enforcement in the form of sanctions for contravention of obligations is not expressly provided in these regulations; instead the instrument provides administrative controls, discretionary powers, and financial consequences through fees and cost recovery. Key enforcement and cost mechanisms included in the regulations are:

Fee consequences and forfeiture: Schedule 1 Division 7 item 12 prescribes that where a document is rejected under s 192(1) of the Act the fee is 100% of the registration, recording, lodgment or application fee paid or payable on the document. This creates a financial consequence for lodgment errors that lead to rejection. Other fee items prescribe non‑refundable fees in specified circumstances (r 9B(2) states that the caveat fee remains payable even if the caveat becomes null and void under s 137(1C) of the Act).
Registrar discretion and remedial powers: The Registrar may waive or refund particular fees where considered appropriate (r 9A(9)), and may grant exemptions from ELN use where public interest and hardship grounds are met (r 8F(1)). These powers are administrative levers rather than punitive instruments.
Preservation of validity: Regulation 8C(3) provides that failure to comply with the ELN mandatory lodging requirement does not affect the validity of any registration, noting or withdrawal under the Act. This limits the legal exposure arising from non‑ELN lodgments, signalling a remedial rather than penal approach.
Service timing and evidential effect: The regulations adopt the Electronic Transactions Act 2011 s 14 for the time of receipt of electronic communications (r 9AG(2)(e)). The rules about what constitutes a valid email notice (r 9AF) and when service is taken to be effected (r 9AG) shift evidential burdens in disputes over service; these are procedural enforcement mechanisms that support effective administrative action rather than criminal enforcement.

What the regulations do not do, as expressed in the source text:

They do not set out criminal offences, fines or imprisonment in the text provided. Any criminal or civil penalty provisions would be found in the principal Act (Transfer of Land Act) or in other statutes, not in these regulations as printed.
They do not provide explicit administrative penalty schemes or fee penalty scales beyond the fee schedule and the rejection forfeiture in Sch 1 Div 7 item 12.

Practical enforcement therefore occurs through administrative refusal or rejection (with fee consequences), Registrar discretion (exemptions and waivers), operational rules that determine the validity and timing of lodgments and service (rr 8C, 9AF, 9AG), and access to administrative review (for example the right to apply to the State Administrative Tribunal to review a Registrar decision about suppression, r 13(6)). Where a party believes the Registrar has acted beyond power or contrary to law, the Act and general administrative law remedies would be the pathway; the regulations themselves do not list litigation or penalty provisions.

The regulations deliberately interlock with multiple other Commonwealth and State statutes and external rule sets. The instrument functions as an implementation node that references definitions, legal effects and technical standards set elsewhere, thereby distributing legal substance across a network of primary Acts and external arrangements. Key interactions in the text are:

Electronic Conveyancing Act 2014: The ELN regime depends on that Act. Regulation 8A(1) defines ELN by reference to the Electronic Conveyancing Act 2014 and r 8A(2) provides that a term given a meaning in the Electronic Conveyancing Act has the same meaning in this Division unless contrary intention appears. The electronic lodgment rules (rr 8B-8G) and the mortgage requirements (r 9AA) explicitly require compliance with the Electronic Conveyancing Act and the “participation rules”, which are external rule‑making instruments under that Act.
Electronic Transactions Act 2011: The regulations adopt the meaning of “electronic communication” from the Electronic Transactions Act (r 9AG(1)). They also rely on s 14 of that Act for the time when electronic communications are taken to be received (r 9AG(2)(e)). Service rules under rr 9AC-9AG therefore sit on the Electronic Transactions Act’s framework for legal recognition of electronic communications and receipt.
Transfer of Land Act 1893: The regulations implement and elaborate many procedural aspects of the Act, cross‑referencing specific Act provisions throughout (for example s 4(1CB)(e) in r 3A, s 129C(1a) in r 8, s 239(1) in r 10, s 240(1)(a) in r 9AC). The regulations are subordinate instruments that operationalise the Act’s filing, registration, service and fee provisions.
Licensed Surveyors Act 1909: Regulation 8(7)(a) mandates that the position of the centre and boundary of the circles used for prescribed area calculations be determined by a licensed surveyor as defined in the Licensed Surveyors Act s 3(1), who holds a current practising certificate. That statutory reference delegates spatial competence to the surveyor licensing regime.
Corporations Act 2001: Regulation 9AE(2)(d)(i) refers to a person’s registered office as defined in s 9 of the Corporations Act 2001 in setting what counts as an address for service for non‑individuals where no address is otherwise specified.
Stamp Act 1921 and Duties Act 2008: Schedule 1 item 4 (fee structure for transfers) refers to duty assessment under the Stamp Act 1921 or the Duties Act 2008 to determine which fee tier applies. This links fee calculation to external valuation and duty assessment processes. The note under item 4 clarifies how fees are to be applied when multiple transfers relate to the same parcel for duty purposes.
Public Sector Management Act 1994, Electricity Corporations Act 2005, Port Authorities Act 1999, Water Corporations Act 1995, Police Act 1892, Western Australian Land Authority Act 1992 and other Acts: Regulation 11 cross‑references definitions for “department”, “organisation” and “relevant entity”, and rr 14-15 enable controlled disclosure of suppressed names index information to these public bodies for functions relevant to them. Schedule 2 also includes memorials and actions tied to particular Acts where fees cannot be charged.
State Administrative Tribunal and administrative review: The regulations provide for a right of review to the State Administrative Tribunal of Registrar decisions about names index inspection (r 13(6)), creating an administrative review pathway tied to the State Administrative Tribunal Act and its procedures.

Where the regulations rely on external rule‑making (participation rules) they make administrative practice decisive for operational detail (r 9AA(b); r 3A(a) mentions certification under participation rules). This design shifts the locus of technical standards (digital signature format, specific certifications, ELN capabilities) into delegated instruments and private operator rules supervised by the Electronic Conveyancing Act rather than into the regulations themselves. Consequently, practitioners must consult the Act, the regulations and the participation rules / ELN operator documentation to ensure compliance.

The regulations commenced on 6 September 2004 (r 2). Since then they have been amended and recompiled repeatedly to add technical detail, reflect the move to electronic conveyancing, and adjust fees. The legislation text itself includes a compilation table listing multiple instruments. Extracting key milestones from that table and the in‑text amendment notes:

2004: The Transfer of Land Regulations 2004 were published and commenced on 6 September 2004 (r 2; compilation table).
2005-2013: Multiple amendment regulations amended various provisions in those years (Amendment Regulations 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013). These produced several reprints (Reprints 1-4).
2014: Regulation 3A (documents in substantially same terms are counterparts) was inserted on 30 May 2014 (see in‑text note to r 3A and compilation table entry Transfer of Land Amendment Regulations 2014). Part 3A was later added to address Electronic Conveyancing.
2014-2017: The Electronic Conveyancing Act 2014 and related rules were given effect in the regulations by the insertion of Part 3A and Division 2. Notably, r 8A (terms used) was inserted 24 Nov 2017, and Div 1 of Part 3A (rr 8B-8G) was inserted 24 Nov 2017 (Gazette 24 Nov 2017). Reprint 5 (19 Jan 2018) reflects those changes.
2016: Certain provisions were deleted, including r 5A (deleted 22 Mar 2016) and regs 6 and 7 (deleted 22 May 2009 earlier). The compilation table records the 2016 amendment.
2019 onward: A significant fee rework was implemented by the Lands Regulations Amendment (Fees and Charges) Regulations and the 21 May 2019 amendments which introduced the current fee Schedules and reorganised divisions (Sch 1 restructured; r 9A and r 9B amended). Reprints and amendments continued through 2020-2025.
2023: Service and email provisions were modernised. The Transfer of Land Amendment Regulations 2023 (SL 2023/117) inserted Part 3B (rr 9AC-9AG) addressing service by email, the Commissioner/Registrar addresses (r 9AD), definition of address for service (r 9AE), and other related rules. SL 2023/117 also amended fees and the names index regime (rr 11, 13-15) and made other textual changes.
2024-2025: Fee adjustments continued via Lands Regulations Amendment (Fees and Charges) Regulations 2024 and 2025 (SL 2024/83 and SL 2025/85) and Planning and Lands Regulations Amendment Regulations 2025 (SL 2025/178). These instruments adjusted fee amounts and perhaps text in Sch 1; in‑text amendment notes list changes with years and SL numbers.

The compilation table lists each amending instrument, date published and commencement date. Deletions and insertions are annotated in the text (for example references to deleted regs and the dates). The key structural amendments were those that:

Inserted ELN and electronic lodgment obligations and linked the regulations into the Electronic Conveyancing Act framework (2014-2017 insertions, rr 8A-8G; r 9AA inserted 2014).
Modernised service rules to recognise email and hyperlink publication (SL 2023/117 insertions: rr 9AC-9AG).
Reworked and updated the fee schedule and fee‑free list across multiple years (notably amendments in 2019 and successive annual fee instruments through 2025).

When advising clients or operating systems, practitioners must ensure they reference the current consolidated version and the compilation table entries showing the effective dates (see compilation table in the source).

The legislative text supplied does not include any reported judicial decisions or identify litigation that interprets these regulations. The compilation and notes do not cite any case law; they record amendments and reprints only.

However the regulations themselves create a small set of discrete administrative decision points that are capable of review and thus may generate litigation or tribunal review in practice. The text expressly provides a review route for at least one class of decision: a person dissatisfied with a Registrar decision to direct that information be inspected notwithstanding a suppression application may apply to the State Administrative Tribunal for review (r 13(6)). That statutory review pathway is the principal built‑in mechanism by which administrative decisions under these regulations are contested.

Other potential sources of dispute identifiable from the text (although no cases are cited) include:

Disputes over whether an ELN “provides for” a particular instrument (r 8C(2)(b)) and whether a particular instrument “can be lodged by means of an ELN” (r 8C(2)). That will raise factual and perhaps legal questions about ELN capabilities and participation rules.
Disputes over the validity of service under the new email and hyperlink mechanisms (rr 9AC-9AF), for example whether an email satisfied the content requirements in r 9AF(1) or whether a Commissioner/Registrar‑published notice was accessible for the “reasonable” period required (r 9AF(2)(d)), and disputes over the time of receipt under the Electronic Transactions Act s 14 as incorporated by r 9AG(2)(e).
Conflicts about whether the self‑represented exception to mandatory ELN use applies and whether a person has exceeded the 10 instruments per 12‑month cap (r 8D(4)-(5)).
Contentions about the Registrar’s exercise of discretion in refusing suppression or in providing suppressed information to third parties under rr 14-15.
Fee disputes and disputes about fee waivers or refunds under r 9A(9), and disputes about refundability where the regulations specify non‑refund of particular fees (r 9B(2)) or 100% forfeiture upon rejection (Sch 1 Div 7 item 12).

In each of these areas the regulatory text defines the framework but leaves room for detailed factual and legal contestation. The source document does not report appellate or tribunal decisions on any of these points; practitioners should therefore check current judicial and tribunal databases for any post‑compilation authorities interpreting these procedural rules.

The regulations contain numerous procedural details where failure to follow the rule set can create operational friction, delay, or unintended cost. The following are concrete pitfalls drawn from the text, with pointers to the regulation clauses:

Mandatory ELN but limited exceptions: If a registry instrument “can be lodged by means of an ELN” it must be lodged via ELN (r 8C(1)). The self‑represented exception is narrow: it applies only where a person has not engaged a commercial conveyancing assistant (r 8D(2)), it does not apply to mortgagors (r 8D(3) , the mortgagor exception is removed), and it is limited to 10 uses in a 12‑month period (r 8D(4)). Use of the exception is defined as lodging off‑ELN in reliance on the exception (r 8D(5)). Practice point: track and record each use of the exception or risk losing it and being non‑compliant.
Non‑availability of a single ELN for multiple related instruments: If two or more related instruments are lodged simultaneously and there is no ELN that can lodge all instruments, regulation 8E exempts them from the ELN requirement. But that exemption requires Registrar satisfaction that the instruments are related and that no single ELN can lodge them all (r 8E(b)-(c)(i)). Practice point: if you plan simultaneous related filings, determine ELN support in advance and be prepared to evidence the relationship to the Registrar.
Electronic mortgage strictures: Electronic mortgage lodgment requires that the electronic instrument be an electronic counterpart digitally signed by the subscriber who will be proprietor of the mortgage and must not purport to be signed on behalf of the proprietor of the land (r 9AA(a)(i)-(iii)). The subscriber must provide a specific certification required by participation rules (r 9AA(b)). Practice point: ensure subscriber signatures, role and certification align with participation rules; mis‑configuration can lead to rejection and fee forfeiture (Sch 1 Div 7 item 12).
Email service formality and Commissioner/Registrar publication limits: For an email to be an effective service the sender must identify themselves and include a telephone number, and attachments must be described and clearly set out the notice terms (r 9AF(1)). For Commissioner/Registrar hyperlink publication, the email must provide a valid hyperlink and the published notice must be accessible from sending time for a reasonable period (r 9AF(2)(c)-(d)), and r 9AC(1)(e) limits this mode to Commissioner/Registrar use only (r 9AC(2)). Practice point: procedural defects in emails (missing telephone number, incomplete description) will negate service; in Commissioner/Registrar publication, preserve evidence of accessibility and hyperlink validity.
Facsimile service is largely obsolete and constrained: Facsimile service under r 9AC(1)(f) applies only if a caveat or approved form specifying fax service was lodged before the Transfer of Land Amendment Act 2022 s 44 came into operation (r 9AC(3)). Practice point: do not rely on facsimile unless you have historical evidence of the caveat/form and the timing.
Fees non‑refundable in specific circumstances and rejection forfeiture: The regulations make the caveat fee non‑refundable even if the caveat becomes null and void (r 9B(2)). Rejection under s 192(1) leads to forfeiture of the full fee (Sch 1 Div 7 item 12). Practice point: validate documents thoroughly before lodgment to avoid forfeiture.
Names index suppression is not absolute: While a person can apply to suppress names index information by statutory declaration showing safety risk (r 13(1)-(2)), the Registrar may direct inspection if not satisfied (r 13(4)), and suppressed information may be released to government organisations by arrangement (r 14). The Registrar may also provide suppressed information to others for approved purposes where an undertaking is provided and safety concerns are addressed (r 15). Practice point: suppression gives protection but not blanket secrecy; be mindful of authorised disclosures.
“Can be lodged” is a legal standard: The phrase “can be lodged by means of an ELN” in r 8C(2) is conjunctive , the instrument must be electronically lodgable under the Act and the Electronic Conveyancing Act and the ELN must provide for that type of instrument. Determining whether an instrument “can be lodged” may require checking ELN capabilities and the participation rules. Practice point: verify ELN capabilities and consult the ELN operator and Registrar where in doubt.
Timing of ELN commencement for instrument types: Regulation 8G sets effective dates for when the ELN requirement starts. For mortgages/discharges the effective date is 1 December 2017; for transfers and caveats it is 1 May 2018 (r 8G(2)). Practice point: transitional timing can affect handling of documents signed before the effective date (r 8G(1)(b)) , signatures taken prior to effective date allow non‑ELN lodgment.
Paper document standards remain binding: Even with electronic conveyancing, paper documents presented for lodgment must meet Registrar‑approved paper quality, binding and signature ink requirements (r 3). Practice point: if reverting to paper (self‑represented exception, Registrar exemption), ensure paper conforms to r 3 to avoid rejection.
Service timing triggers Electronic Transactions Act rules: Service by email and other electronic means is taken to be effected at the time of receipt under the Electronic Transactions Act s 14 as applied by r 9AG(2)(e). In cross‑jurisdictional postings, postal timelines differ (r 9AG(2)(c)-(d)). Practice point: log receipt times and maintain evidence of electronic delivery and content.

Below is a practical compliance checklist derived from the regulations that maps duties to discrete steps and documents to carry, with references to the controlling rules. Use it as an operational guide for conveyancing practice, registry staff, and compliance officers.

Determine whether the registry instrument falls within the ELN mandate:
- Check r 8B to confirm the instrument type (mortgage/discharge, transfer, caveat).
- Confirm whether the instrument “can be lodged by means of an ELN” by verifying (a) electronic lodgability under the Act and Electronic Conveyancing Act and (b) whether the ELN used provides for that instrument type (r 8C(2)(a)-(b)).
If the ELN can be used, lodge via ELN unless an exception applies:
- Do not lodge by paper or other means where ELN capability exists (r 8C(1)).
- If a party is self‑represented and not a subscriber, confirm eligibility for the exception but track usage to ensure the 10‑times per 12‑month cap is not exceeded (r 8D(1)-(5)).
- If lodging multiple related instruments simultaneously and no single ELN supports all, prepare evidence of the instruments’ relation for the Registrar under r 8E.
For electronic mortgages, follow the signature and certification rules:
- Ensure the electronic instrument is an electronic counterpart and digitally signed by or on behalf of the person who will be proprietor of the mortgage (r 9AA(a)(i)-(ii)).
- Do not purport to be signed by or on behalf of the proprietor of the land (r 9AA(a)(iii)).
- Ensure the subscriber provides the specific certification required by the participation rules (r 9AA(b)).
- Verify compliance with the Act, these regulations and participation rules (r 9AA(c)-(d)).
Paper lodgment standards (if paper is used):
- Use Registrar‑approved paper type and quality, ensure legibility, ink signatures for parties and witnesses, bind multi‑page documents as approved, and include the Registrar’s approval number on approved forms (r 3(1)(a)-(e)).
Service obligations and evidence:
- If an email address for service under the Act has been provided by a person, follow the email service format in r 9AF(1): include sender’s name and telephone number; where the notice is an attachment, describe the purpose and specify the person in the email and set out the terms in the attachment.
- For Commissioner/Registrar publication by email to a hyperlink (r 9AC(1)(e); r 9AF(2)), ensure the email includes sender name and telephone, a description of the purpose, a valid hyperlink, and that the notice is accessible via the hyperlink from time of sending for a reasonable period (r 9AF(2)(a)-(d)).
- Where service is by post, note timing rules in r 9AG(2)(c)-(d). For electronic service, record time of receipt in accordance with the Electronic Transactions Act s 14 as adopted in r 9AG(2)(e).
Address and contact management:
- Record and update addresses for service in the Register where possible; understand how “address” is defined (r 9AE(2)). For non‑individuals, consider registered office, principal place, or recent ASIC‑lodged addresses (r 9AE(2)(d)(i)-(ii)).
- If serving the Commissioner or Registrar, use the addresses and email mechanism published by the Authority and the physical addresses in r 9AD.
Names index suppression:
- To apply for suppression, use an approved form and include particulars and evidence (statutory declaration or other Registrar‑approved manner) demonstrating risk to personal safety (r 13(1)-(2)).
- Understand the Registrar may lift suppression if not satisfied (r 13(4)); be ready to seek review to the State Administrative Tribunal (r 13(6)).
- Be aware that suppressed information can be disclosed to government organisations by arrangement (r 14) or to other persons for approved purposes with undertakings (r 15).
Fee compliance:
- Consult Schedule 1 for applicable fees for registrations, lodgments, withdrawals, applications, certificates, inspections and miscellaneous services (r 9A; Sch 1). Note items that are charged per interest, per lot, per certificate or on actual cost basis.
- Be aware of fee exceptions in Schedule 2 (r 9A(8); Sch 2) and the Registrar’s power to waive or refund particular fees (r 9A(9)).
- Avoid document rejection by ensuring conformity with s 192(1) of the Act and with the regulations; rejection triggers forfeiture of the fees per Sch 1 Div 7 item 12.
Surveys and prescribed area calculations:
- If calculating a prescribed area for single dwelling covenant matters, engage a licensed surveyor who holds a current practising certificate (r 8(7)(a)) and apply the radius rules laid out in r 8(2)-(6) to determine the circle radius that prescribes the area.
Exemptions and administrative relief:
- Where ELN lodging is impracticable, consider seeking a Registrar exemption (r 8F). The Registrar may grant exemptions on the basis of public interest and hardship/undue inconvenience/expense (r 8F(1)-(2)). Prepare evidence to support these grounds.
Recordkeeping and audit trail:
- Maintain copies of emails used to effect service, including the email headers, sender ID and timestamp, and any hyperlink evidence showing the published notice was accessible during the required period (r 9AF(2)(d)).
- Keep records of ELN lodgment interactions, participation certifications provided by subscribers, and the use of any self‑represented exception (r 8D(5)).
Administrative review and dispute preparation:
- Where a Registrar decision is adverse (for example refusal of suppression), prepare to apply to the State Administrative Tribunal (r 13(6)). Retain evidence and statutory declarations that support suppression or exemption applications.

Finally, liaise proactively with ELN operators and consult the participation rules referred to in r 9AA and r 3A to confirm technical compliance. The regulations intentionally defer operational detail to participation rules and ELN operator documentation; compliance requires treating those external rule sets as part of the compliance ecosystem alongside the regulations and the principal Act.

Deep Dive

What it does

Current sections