Land Title Act 1994 (Qld)

Land Title Act 1994

An Act to consolidate and reform the law about the registration of freehold land and interests in freehold land, and for other related purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Land Title Act 1994.

3   Object of Act

The object of this Act is to consolidate and reform the law about the registration of freehold land and interests in freehold land and, in particular—

(a)to define the rights of persons with an interest in registered freehold land; and

(b)to continue and improve the system for registering title to and transferring interests in freehold land; and

(c)to define the functions and powers of the registrar of titles; and

(d)to assist the keeping of the registers in the land registry, particularly by authorising the use of information technology.

4   Definitions

A dictionary in schedule 2 defines particular words used in this Act.

4A   References

In a provision of this Act about a community titles scheme, a reference to—

(a)scheme land, is a reference to the scheme land for the scheme; and

(b)the body corporate, is a reference to the body corporate for the scheme; and

(c)common property, is a reference to common property for the scheme; and

(d)the community management statement, is a reference to the community management statement for the scheme.

5   Act binds all persons

This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth, the other States and the Territories.

Part 2    Administration

6   Registrar of titles

(1)There is to continue to be a registrar of titles.

(2)The registrar has a seal of office.

(3)The registrar is to be employed under the Public Sector Act 2022.

(4)Judicial notice must be taken of the signature, or the imprint of the seal, of the registrar appearing on a document and the document must be presumed to have been properly signed or sealed until the contrary is proved.

(5)In acting under this Act or another Act, the registrar is subject to the chief executive, but is not subject to any other officer or employee of the department.

7   Land registry

(1)The registrar must keep a land registry.

(2)The land registry includes—

(a)the freehold land register; and

(b)the power of attorney register; and

(c)the Foreign Ownership of Land Register; and

(d)registers about land prescribed by regulation; and

(e)other registers about land required or permitted by an Act to be included in the land registry.

(3)In this section—

Foreign Ownership of Land Register means the register under the Foreign Ownership of Land Register Act 1988.

power of attorney register see section 133(1).

8   Form of registers

(1)A register kept by the registrar may be kept in the form (whether or not in a documentary form) the registrar considers appropriate.