Land Title Regulations 2000 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

LAND TITLE REGULATIONS 2000

As in force at 23 December 2015

Table of provisions northern territory of australia

northern territory of australia

As in force at 23 December 2015

LAND TITLE regulations 2000

Regulations under the Land Title Act 2000

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Land Title Regulations 2000.

2Commencement

These Regulations come into operation on 1 December 2000.

2ADefinitions

In these regulations:

development, see section 4(1) of the Termination Act.

Termination Act means the Termination of Units Plans and Unit Title Schemes Act 2014.

Tribunal, see section 4(1) of the Termination Act.

Part 2Certificates as to title 3Form of certificate as to title

For section 44 of the Act, the prescribed form of the certificate as to title is the form in the Schedule.

Part 3Unit title schemes 4Written consent required for registration of first unit title scheme statement
  • (1)

    This regulation prescribes the persons whose consent is required under section 54B(1)(b)(iii) of the Act for registration of a first scheme statement (as defined in section 10(2) of the UTS Act).

  • (2)

    The consent of the following persons is required:

    • (a)

      each registered owner of each lot comprising the proposed land scheme;

    • (b)

      each registered mortgagee of any of those lots;

    • (c)

      each person who has rights under a registered writ of execution against any of those lots;

    • (d)

      each caveator under a registered caveat affecting any estate in any of those lots;

    • (e)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the scheme statement.

  • (3)

    Despite subregulation (2), for a scheme statement lodged under section 111(1) of the UTS Act, consent of the following persons only is required:

    • (a)

      each person who is a registered mortgagee of a unit in the units plan, or building lot in the building development plan, on the date the scheme statement is lodged;

    • (b)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the scheme statement.

    Note for regulation 4

    The scheme statement must also be endorsed for registration in accordance with section 18(3)(c) of the UTS Act.

5Written consent required for registration of subsequent unit title scheme statement
  • (1)

    This regulation prescribes the persons whose consent is required under section 54B(1)(b)(iii) of the Act for registration of a subsequent scheme statement (as defined in section 12(1) of the UTS Act).

  • (2)

    If registration of the subsequent scheme statement will effect a change to the boundaries of a unit or the subdivision of a unit to create 2 or more units, the consent of the following persons is required:

    • (a)

      each registered owner of each unit the boundaries of which will be changed or that will be subdivided;

    • (b)

      each registered mortgagee of any of those units;

    • (c)

      each person who has rights under a registered writ of execution against any of those units;

    • (d)

      each caveator under a registered caveat affecting any estate in any of those units;

    • (e)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the subsequent scheme statement.

  • (3)

    However, subregulation (2) does not apply if the subsequent scheme statement is required under section 71 of the UTS Act.

  • (4)

    If registration of the subsequent scheme statement is required under section 71 of the UTS Act in relation to an amalgamation agreed to as mentioned in section 71(1)(b), the consent of the following persons is required:

    • (a)

      each registered mortgagee of any of the units of the schemes to be amalgamated;

    • (b)

      each person who has rights under a registered writ of execution against any of those units;

    • (c)

      each caveator under a registered caveat affecting any estate in any of those units;

    • (d)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the subsequent scheme statement.

    Note for subregulation (4)

    If amalgamation is approved by the Supreme Court under section 71(1)(a) of the UTS Act, no consent is required under section 54B(1)(b)(iii) for registration of a subsequent scheme statement to give effect to the order.

  • (5)

    If the subsequent scheme statement will include or omit an exclusive use by-law as permitted by section 97(2)(a) of the UTS Act, the consent of the following persons is required:

    • (a)

      each registered mortgagee of any of the units of the scheme;

    • (b)

      each person who has rights under a registered writ of execution against any of those units;

    • (c)

      each caveator under a registered caveat affecting any estate in any of those units;

    • (d)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the subsequent scheme statement.

    Note for subregulation (5)

    If a subsequent scheme statement is permitted to include or omit an exclusive use by-law under section 97(2)(b) of the UTS Act, no consent is required under section 54B(1)(b)(iii) for registration of the subsequent scheme statement.

6New scheme statement for member schemes

For section 54B(1)(b)(vi) of the Act, a new scheme statement of another member scheme is required only if there is a change to a boundary of a lot.

7Interests in common property preserved

For section 54B(3) of the Act, the indefeasible title for the common property of a unit title scheme is subject to the following interests that previously existed in the lot constituting the property:

  • (a)

    a registered covenant;

  • (b)

    a registered easement.

7APlan of termination of scheme

A plan of termination for a scheme lodged under section 54E(1)(a) of the Act must include:

  • (a)

    a copy of the unanimous resolution agreeing to form a new scheme; and

  • (b)

    a plan of survey approved by the Surveyor-General under section 49(3) of the Licensed Surveyors Act 1983.

7BWritten consent required for termination of scheme

(1) This regulation prescribes the persons whose consent is required under section 54E(1)(b) of the Act for the termination of a scheme (as defined by section 72 of the UTS Act).

(2)     The consent of the following persons is required:

  • (a)

    each registered owner of each unit in the development;

  • (b)

    each registered mortgagee of any of those units;

  • (c)

    each person who has rights under a registered writ of execution against any of those units;

  • (d)

    each caveator under a registered caveat affecting any estate in any of those units;

  • (e)

    each lessee of any of those units;

  • (f)

    each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the plan of termination.

Part 4Developments 7CPlan of termination of development

(1) A plan of termination under section 54G(1)(a) of the Act for a development terminated under Part 3 of the Termination Act must include:

  • (a)

    a copy of the unanimous resolution to terminate the development; and

  • (b)

    a plan of survey approved by the Surveyor-General under section 49(3) of the Licensed Surveyors Act 1983.

(2) A plan of termination under section 54G(1)(a) of the Act for a development terminated under Part 4 of the Termination Act must include:

  • (a)

    a copy of the resolution to terminate the development passed by the required percentage of owners of the units in the development; and

  • (b)

    a plan of survey approved by the Surveyor-General under section 49(3) of the Licensed Surveyors Act 1983.

(3) A plan of termination under section 54G(1)(a) of the Act for a development terminated under Part 5 of the Termination Act must include:

  • (a)

    a copy of the order of the Tribunal approving the termination of the development; and

  • (b)

    a plan of survey approved by the Surveyor-General under section 49(3) of the Licensed Surveyors Act 1983.

8Written consent required for termination of development
  • (1)

    This regulation prescribes the persons whose consent is required under section 54G(1)(b) of the Act for the termination of a development.

  • (2)

    If the termination is under Part 3 of the Termination Act, the consent of the following persons is required:

    • (a)

      each owner of each unit in the development;

    • (b)

      each registered mortgagee of any of those units;

    • (c)

      each person who has rights under a registered writ of execution against any of those units;

    • (d)

      each caveator under a registered caveat affecting any estate in any of those units;

    • (e)

      each lessee of any of those units;

    • (f)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the plan of termination.

  • (3)

    If the termination is under Part 4 of the Termination Act, the consent of the following persons is required:

    • (a)

      each person who has rights under a registered writ of execution against a unit in the development;

    • (b)

      each lessee of any of those units;

    • (c)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the plan of termination.

  • (4)

    Subject to any order of the Tribunal, if the termination is under Part 5 of the Termination Act, the consent of the following persons is required:

    • (a)

      each person who has rights under a registered writ of execution against a unit in the development;

    • (b)

      each lessee of any of those units;

    • (c)

      each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the plan of termination.

    9Particulars to be cancelled in the land register

    For section 54G(3)(c) of the Act, the following particulars are prescribed as particulars in the land register about the development that are to be cancelled:

    • (a)

      the titles to the common property and the units of the development;

    • (b)

      all registered interests in the common property and the units of the development, other than interests held by a person mentioned in section 54G(3)(d)(iii) to (vii) of the Act.

       
    Schedule

    Deputy Registrar-General’s

    Signature

    Date Registered

    Deputy Registrar-General’s Name
     
    regulation 3 

    Volume Folio

    NORTHERN TERRITORY OF AUSTRALIA

    CERTIFICATE AS TO TITLE

    Description of Land including Lot Number, Location and Plan Number.

    Area under title

OWNERS NAME:

OWNER’S ADDRESS:

 

REGISTERED DEALINGS

Registered

Date

   

Dealing Number

   

Description

(Previous title description)

   

END OF DEALINGS

   

Title Diagram

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Land Title Regulations (SL No. 55, 2000)

Notified

1 December 2000

Commenced

1 December 2000 (r 2)

Land Title Amendment Regulations 2009 (SL No. 17, 2009)

Notified

26 June 2009

Commenced

1 July 2009 (r 2, s 2 Unit Title Schemes Act 2009 (Act No. 14, 2009) and Gaz S30, 26 June 2009, p 1)

Unit Title Schemes and Related Legislation Amendment Regulations 2011 (SL No. 14, 2011)

Notified

18 May 2011

Commenced

18 May 2011

Land Title Amendment Regulations 2012 (SL No. 49, 2012)

Notified

14 December 2012

Commenced

14 December 2012

Land Title Amendment Regulations 2014 (SL No. 48, 2014)

Notified

2 January 2015

Commenced

2 January 2015

Land Title Amendment Regulations 2015 (SL No. 35, 2015)

Notified

23 December 2015

Commenced

23 December 2015

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2A, 7A and 7C.

  • 4

    LIST OF AMENDMENTS

pt 1 hdg             ins No. 35, 2015, r 3

r 2A                   ins No. 35, 2015, r 4

pt 2 hdg             ins No. 35, 2015, r 4

r 3                     amd No. 35, 2015, r 5

pt 3 hdg             ins No. 35, 2015, r 6

r 4                     ins No. 17, 2009, r 4

amd No. 14, 2011, r 7

sub No. 49, 2012, r 3

amd No. 35, 2015, r 7

r 5                     ins No. 49, 2012, r 3

amd No. 35, 2015, r 8

rr 6 – 7               ins No. 49, 2012, r 3

rr 7A – 7B          ins No. 35, 2015, r 9

pt 4 hdg             ins No. 35, 2015, r 9

r 7C                   ins No. 35, 2015, r 9

r 8                    ins No. 48, 2014, r 3

sub No. 35, 2015, r 10

r 9                     ins No. 48, 2014, r 3

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