Real Property Act 1886 (SA)
South Australia
An
Act to consolidate and amend the
This Act may be cited for all purposes as the
Real Property Act 1886 .
(1) In this Act, unless the contrary intention appears—
allotment includes—
(a) a community lot, a development lot and common property created by division under the
Community Titles Act 1996 ; and(b) a unit and common property created by division under the
Strata Titles Act 1988 ;
appropriate form means a form, which may be an electronic form, approved by the Registrar-General;
the Assurance Fund means the Real Property Act Assurance Fund constituted under this Act;
caveatee means any person against whose application for any purpose a caveat has been lodged, and shall include the registered proprietor of any land in respect of which a caveat has been lodged;
caveator means any person lodging a caveat;
certificate means a certificate of title issued under any of the Real Property Acts, or any grant from the Crown issued after the passing of theReal Property Act No. 15 of 1857 and before the commencement of theReal Property (Witnessing and Land Grants) Amendment Act 1995 , and includes all plans and entries on the certificate of title;
client authorisation —see section 240A;
Court means—
(a) the Supreme Court; and
(b) in sections 52, 64, 71, 80, 87, 105, 108, 110, 142A, 154I, 165, 166 and 167 of this Act includes any other court or tribunal constituted under the law of this State or the Commonwealth; and
(c) in section 191 and Part 17 includes the District Court;
document includes a document in electronic form;
document of title means a document evidencing or relating to the title of land not under the provisions of any of the Real Property Acts;
dominant land means any land having a right-of-way or other easement appurtenant thereto or annexed to the ownership thereof;
easement includes a profit à prendre;
encumbrancee means the registered proprietor of an encumbrance;
encumbrancer means the registered proprietor of land subject to an encumbrance;
execution includes execution by a legal practitioner or registered conveyancer under a client authorisation;
instrument means any document capable of registration in the Lands Titles Registration Office, or in respect of which a record is under an Act directed, required or permitted to be made in the Register Book, and includes a document that may be registered or recorded in the Register of Crown Leases under section 93;
instrument of title means an instrument evidencing or relating to the title to land under the provisions of any of the Real Property Acts;
land includes all tenements and hereditaments corporeal and incorporeal of every kind and description, and every estate and interest in land;
law practice has the same meaning as in theLegal Practitioners Act 1981 ;
legal practitioner has the same meaning as in theLegal Practitioners Act 1981 ;
lessee means the registered proprietor of a lease;
lessor means the registered proprietor of land subject to a lease;
mentally incapacitated person has the same meaning as in theGuardianship and Administration Act 1993 ;
mortgagee means the registered proprietor of a mortgage;
mortgagor means the registered proprietor of land subject to a mortgage;
participation rules means the participation rules determined by the Registrar‑General under section 23 of theElectronic Conveyancing National Law (South Australia) ;
proprietor means any person seized or possessed of, or entitled to land;
registered conveyancer means a person registered as a conveyancer under theConveyancers Act 1994 ;
registered proprietor means a person appearing by the Register Book to be the proprietor of an estate or interest in land registered under any of the Real Property Acts;
servient land means land subject to any easement;
sign a document or instrument—see subsection (3);
statutory assignment means any deed assigning a debtor's estate for the benefit of his or her creditors, executed under an Act;
the Real Property Acts means theReal Property Act (No. 15 of 1857),The Real Property Law Amendment Act (No. 16 of 1858), theReal Property Act of 1860 (No. 11 of 1860), theReal Property Act of 1861 (No. 22 of 1861), theReal Property Act Amendment Act of 1878 (No. 128 of 1878), theRights-of-Way Act 1881 (No. 223 of 1881), and this Act;
transmission means the passing of title to land in any manner other than by transfer;
Tribunal means the South Australian Civil and Administrative Tribunal established under theSouth Australian Civil and Administrative Tribunal Act 2013 ;
verification of authority guidelines —see section 273B;
verification of identity requirements —see section 273A.
(2) The description of any person as proprietor, transferor, transferee, mortgagor, mortgagee, caveator, caveatee, encumbrancer, encumbrancee, lessor, lessee, or trustee, or as seized of, having, or taking any estate or interest in land shall be deemed to extend to and include the heirs, executors, administrators, and assigns of such person.
(3) If a provision of this Act requires that an instrument or document be signed by a person, the instrument or document must be—
(a) signed by the person personally; or
(b) signed personally on behalf of the person by another person under a power of attorney.
The following Acts or parts of Acts are hereby repealed:
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Such repeal shall not affect any appointment, regulation, instrument, fund, act, matter, or thing lawfully made, done, executed, or in existence under the authority of the said Acts or any or either of them; nor prevent prosecution or punishment for any offence committed or act done in violation of the provisions of the said Acts or any or either of them; or interfere with the recovery of any penalty or of any forfeiture incurred under the said Acts or any or either of them; or with the enforcement, vindication, or recovery, of any estate, right, title, trust, covenant, contract, or interest preserved, acquired, accruing, existing or entered into under the provisions of the said Acts or any or either of them; nor shall such repeal affect or in any way interfere with any act or thing, prosecution or punishment, enforcement, vindication, or recovery saved or protection given by the said repealed Acts; and all applications, actions, suits, proceedings, instruments, registrations, and other acts, matters, and things made, commenced, pending, signed, entered, or done under the said repealed Acts or any or either of them before the passing of this Act, may be proceeded with, prosecuted, completed, and acted on in the same manner and shall be as valid and effectual as if this Act had not been passed.
No law, so far as inconsistent with this Act, shall apply to land subject to the provisions of this Act, nor shall any future law, so far as inconsistent with this Act, so apply unless it shall be expressly enacted that it shall so apply "notwithstanding the provisions of the
Real Property Act 1886 ".
Section 6 has effect as if Schedule 1 Part 4 of the
Aboriginal Lands Trust Act 2013 had never come into operation.
All lands subject to the provisions of any of the Real Property Acts shall, on and from the day upon which this Act shall come into operation, and all land hereafter brought under the provisions of any of the Real Property Acts, pursuant to any application commenced at the time of this Act coming into operation, shall, from the time of the issuing of the certificate for such land, be held subject to the provisions of this Act.
No land once subject to the provisions of this Act shall ever be withdrawn therefrom.
The objects of this Act are to simplify the title to land and to facilitate dealing therewith, and to secure indefeasibility of title to all registered proprietors, except in certain cases specified in this Act.
This Act shall always be construed in such manner as shall best give effect to the objects hereinbefore declared.
12 Lands Titles Registration Office to be at Adelaide
The
Lands Titles Registration Office shall be continued at Adelaide for the purposes of this Act.
(1) There is to be a Registrar-General.
(2) The Registrar-General is responsible for the administration of this Act.
(3) There are to be such deputies of the Registrar-General as may be necessary or expedient for the administration of this Act.
(4) There are to be such other persons engaged in the administration of this Act as the Registrar‑General thinks fit.
(5) The Registrar‑General and the deputies of the Registrar‑General are to be Public Service employees.
Any power or function conferred on, or assigned to, the Registrar-General by this or any other Act may be exercised or carried out—
(a) by any Deputy Registrar-General; or
(b) by any person to whom that power or function has been delegated by the Registrar-General.
(1) The Registrar‑General may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power under this or any other Act (except a prescribed function or power).
(2) A delegation—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter; and
(d) is revocable at will.
(3) A delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.
(4) For the avoidance of doubt, nothing in this section affects—
(a) indefeasibility of title of registered proprietors as set out in section 69; or
(b) the exclusive power of the Governor to prescribe fees or charges payable for or in respect of matters under this Act as set out in section 277; or
(c) the operation of the scheme for compensation set out in Part 18.
It shall not be lawful for any person whilst holding the office of solicitor under this Act to engage in private practice as a barrister, attorney, solicitor or registered conveyancer, but this prohibition shall not apply to any acting solicitor.
The Registrar-General shall have and use a seal of office bearing the impression of the Royal Arms of England and the words "Registrar-General South Australia"; and every instrument bearing such seal, and purporting to be issued by the Registrar-General, or by a Deputy Registrar-General or a delegate referred to in section 17, shall be received in evidence, and shall be deemed to be issued by or under the direction of the Registrar-General without further proof, unless the contrary be shown.
(1) The Registrar-General may demand and receive such fees, in respect of the several matters provided for in this Act, as are prescribed.
(2) Until regulations under this Act are made prescribing fees in respect of the matters referred to in subsection (1) of this section the Registrar-General may demand and receive such fees as were payable in respect of those matters immediately before the commencement of the
Real Property Act Amendment Act 1972 .
(1) The Registrar-General shall keep a correct account of all sums of money received by him in accordance with the provisions of this Act, and shall pay the same to the Treasurer.
(2) All fines and fees received under the provisions of this Act shall (subject to the provisions of Part 18 of this Act) be carried into account by the Treasurer as General Revenue.
(1) Where the Minister has received moneys in trust or otherwise on account of a mortgagee or other person, and the Minister is satisfied that the moneys may be properly paid to any person the Minister may upon the application of that person and upon provision by that person of such an indemnity or indemnities, if any, as the Minister thinks fit, make payment of the moneys to that person.
(1a) Before making payment to any person under subsection (1) of this section the Minister may require the production of such evidence as he thinks fit to the effect that—
(a) succession duties that may be payable out of, or in respect of, the moneys have been paid; and
(b) any other claim to which the moneys may be liable has been satisfied.
(2) Any payment made by the Treasurer before the commencement of the
Real Property Act Amendment Act 1975 of moneys of a kind referred to in subsection (1) of this section shall be for all purposes as lawful, valid and effectual as it would have been if—
(a) that subsection was enacted and in force at the time at which that payment was made; and
(b) the payment of those moneys complied in all respects with the provisions of that subsection.
The Registrar-General shall not individually, nor shall any person acting under his authority, be liable to any action, or proceeding for or in respect of any act or matter
bona fide done, or omitted to be done, in the exercise or supposed exercise of the powers of this Act.
For the purpose of bringing land under the provisions of this Act, it shall be regarded as divided into two classes, as follows:
(a) land hereafter alienated in fee from the Crown;
(b) land heretofore alienated in fee from the Crown.
As to land hereafter alienated in fee from the Crown, the same shall, immediately on alienation, be subject to the provisions of this Act.
As to land heretofore alienated from the Crown in fee but not under the provisions of any of the Real Property Acts (whether such land shall constitute the entire or only part of the land included in any land grant), the same may be brought under the provisions of this Act in the following manner, that is to say—The Registrar-General shall receive applications in the form of Schedule 2 hereto, or in a form to the like effect, if made by any of the following persons, that is to say—
(a) by any person claiming to be the person in whom the fee simple is vested either at law or in equity: Provided that wherever trustees, seized in fee simple, have no power to sell the land which they may seek to bring under the provisions of this Act, the persons claiming or appearing to be beneficially entitled to the said land shall consent to such application;
(b) by any person having power to appoint or dispose of the fee simple, at law or in equity, in cases where the Registrar-General shall be satisfied that the application is made for the purpose of carrying such power into effect;
(c) by any person claiming a life estate, not being a leasehold for a life or lives: Provided that all persons claiming or appearing to be beneficially entitled in reversion or remainder shall join in or consent to such application;
(d) the father, or if the father be dead, the mother or other guardian of any infant, or the administrator or committee of the estate of a mentally incapacitated person or the guardian of such a person, may make or consent to an application in the name or on behalf of the infant or mentally incapacitated person; and any person holding a power of attorney authorising the sale of a freehold estate in any land may make the application in respect of such land in the name or on behalf of the proprietor, unless such power shall expressly prohibit his so doing.
No such application shall be received from any person claiming to be entitled to an undivided share of any land unless the persons who shall appear to be entitled to the other undivided shares shall join in the application with a view to bringing the entirety under the provisions of this Act; nor from the mortgagor of any land unless the mortgagee shall consent to such application; nor from the mortgagee of any land except in the exercise of or for the purpose of giving effect to a sale under a power of sale contained in the mortgage deed.
Every applicant shall, when making his application, surrender to the Registrar-General all documents of title in his possession or under his control relating to or in any way affecting the land, and shall furnish a schedule of such documents, and also, if required, an abstract of his title, and shall, in his application, state the nature of his estate or interest in the land, and of every estate or interest therein held by any other person, whether at law or in equity, in possession, reversion, remainder, or expectancy, and give full particulars of every right-of-way or other easement affecting the land of which he is aware, or has had notice, or which he knows to be claimed by any other person, and shall state whether the land be occupied or unoccupied, and if occupied, the name and description of the occupant, and the nature of his occupancy, and whether such occupancy be adverse or otherwise; and shall, when practicable, state the names and addresses of the occupants and proprietors of all lands contiguous to the land in respect of which application is made so far as known to him, and that the schedule so furnished includes all documents of title relating to such land in his possession or under his control, and may, in his application, require the Registrar‑General, at the expense of the applicant, to cause personal notice of the application to be served upon any person whose name and address shall for that purpose be therein stated, and shall give an address to which notices in respect of such application may be sent.
The statements made in the application shall be verified by the declaration of the applicant or the person acting in his name or on his behalf.
Upon receipt of the application the Registrar-General shall cause the title of the applicant to be examined and reported on by a legal practitioner.
(1) For the purposes of all applications, the titles of applicants shall be divided into three classes as follows:
(a)
Class I—When applicant is original grantee, and no transactions have been registered when the applicant is the original grantee from the Crown, and the land has been granted on or subsequently to the first day of March, 1842, and no transaction affecting the title has at any time been registered, and the applicant has not required notice of his application to be served personally upon any person;
(b)
Class II—When applicant is not original grantee, or any transactions have been registered when, although the title does not belong to the first class, the land is held by the applicant for the estate or interest described in the application free from mortgage, encumbrance, or other beneficial interest affecting the title thereto, or if any such mortgage, encumbrance, or interest exists the parties interested therein join in or consent to the application, and the applicant has not required notice of his application to be served personally upon any person;
(c)
Class III—When evidence of title imperfect
when any person beneficially interested in the land otherwise than as lessee, or any person interested in any mortgage or encumbrance affecting the title, is not a party joining in or consenting to the application, or the title or evidence of title set forth by the applicant is imperfect, or the applicant has required notice of his application to be served personally upon any person.
(2) If it shall appear to the Registrar-General that the title of the applicant belongs to the first class he shall bring such land under the provisions of this Act forthwith.
If it shall appear to the satisfaction of the Registrar-General that the title of the applicant belongs to the second class, he shall cause notice of the application to be published in the Government Gazette; and shall further limit and appoint a time, not less than one month nor more than twelve months from the date of the publication in the Government Gazette, upon or after the expiration of which he shall, unless he shall in the interval have received a caveat forbidding him so to do, bring the land under the provisions of this Act.
If it shall appear to the satisfaction of the Registrar-General that the title of the applicant belongs to the third class, it shall be lawful for him to reject such application altogether, or in his discretion to cause notice of the application to be served upon all persons other than the applicant, who shall appear to have any interest in the land which is the subject of the application and to be published in the Government Gazette, and in such manner as he may direct; and to limit and appoint a time in his discretion, or as the Court may prescribe, not less than two months nor more than twelve months from the date of the first of such publications in the Government Gazette, upon or after the expiration of which it shall be lawful for the Registrar-General to bring the land under the provisions of this Act, unless he shall in the interval have received a caveat forbidding him so to do.
The Registrar-General shall cause notice to be published in such manner as aforesaid, or in such other manner as may be prescribed by any order of the Court, that application has been made for bringing the land therein referred to under the provisions of this Act, and shall also cause a copy of such notice to be posted in a conspicuous place in his office, and in such other places as he may deem necessary, and shall forward, by registered or certified post, a copy of such notice addressed to each of the persons, if any, stated in the application to be in occupation of the land, or to be occupiers or proprietors of land contiguous thereto, so far as his knowledge of the addresses of such persons shall enable him, and to such other persons as he may think fit, and in case the applicant shall have required any notice to be personally served upon any person named in his application, then and in such case the Registrar‑General shall cause a copy of such notice to be so served upon such person.
If within the time limited and appointed as aforesaid by the Registrar-General, or under any order of the Court, any notice forwarded as aforesaid, shall not be returned to him by the Postmaster-General, and if within the time so limited he shall not have received a caveat, as hereinafter described, forbidding him so to do—and in any case in which personal notice may be required as aforesaid, if he shall have received proof to his satisfaction that such notice has been served, the Registrar-General shall bring the land described in the application under the provisions of this Act.
The Registrar-General shall bring land under the provisions of this Act by issuing a certificate for the same to the applicant, or to such person as he or the person applying in his name or on his behalf may by any writing under his hand direct.
The Registrar-General, whenever he shall be made aware that any notice required by any applicant to be served personally has failed to be, or cannot be, so served, shall notify the same to such applicant, who, if he think fit, may by writing under his hand, withdraw such requirement, and the Registrar-General thereupon or in case any notice shall be returned to him by the Postmaster-General, may reject the application altogether, or bring the land therein described under the provisions of this Act forthwith, or after such further interval, notification, or advertisement as he may think fit.
Any person having or claiming an estate or interest in any land sought to be brought under the provisions of this Act, or the attorney or agent of any such person, may, within the time by the Registrar-General or under any order of the Court for that purpose limited, lodge a caveat in the Lands Titles Registration Office, in the form of Schedule 3 hereto, forbidding the bringing of such land under the provisions of this Act. Every such caveat shall state the nature of the estate or interest claimed by the person lodging the same and the grounds on which such claim is founded, and no caveat shall be received unless some address within South Australia shall be given therein at which notices and proceedings relating to the caveat may be served.
The Registrar-General shall, upon receipt of any such caveat, within the time limited as aforesaid give notice thereof to the applicant proprietor, and shall suspend further action in the matter, and the land in respect of which such caveat shall have been lodged shall not be brought under the provisions of this Act until such caveat shall have been withdrawn or shall have lapsed from any of the causes hereinafter provided, or until a decision therein shall have been obtained from the Court having jurisdiction in the matter.
Any applicant may withdraw his application at any time prior to the issuing of the certificate, and the Registrar-General shall in such case, upon request in writing signed by the applicant, return to him, or to the person, if any, notified in the application as having a lien thereon, all documents of title deposited in support of the application.
Upon issuing a certificate bringing land under the provisions of this Act the Registrar-General shall endorse a memorandum on every document of title deposited by the applicant in support of his application, stating that the lands described in such certificate have been brought under the Real Property Act. If any such document of title shall relate to or include any property, whether personal or real, other than the land included in the certificate, the Registrar-General shall return such document to the applicant, but otherwise shall retain the same in his office; and no person shall be entitled to the production of any document so retained, except upon the written order of the applicant or of some person claiming through or under him, or upon the order of the Court.
In case an applicant, or the person to whom he or the person applying in his name or on his behalf, may have directed a certificate to be issued, shall die in the interval between the date of the application and the date on which the certificate shall be issued, the certificate shall be issued in the name of the applicant, or in the name of the person to whom it shall have been so directed to be issued as the case may require, and the land shall devolve in like manner as if the certificate had been issued prior to the death of the applicant or of such person.
Whenever a caveat shall have been lodged in the Lands Titles Registration Office forbidding land to be brought under the provisions of this Act, the like proceedings as are hereinafter provided for the removal of caveats, in the case of land already under the provisions of this Act, shall be open to the caveatee for removal of the caveat, and for the recovery of costs and damages from the caveator, in case the caveat shall have been lodged by the caveator wrongfully and without reasonable cause.
Every such caveat shall be deemed to have lapsed after the expiration of 1 month from the day on which the caveat is lodged, unless the person by whom or on whose behalf the same was lodged shall, within that time, have taken proceedings in the Court to establish his or her title to the estate or interest claimed, and give written notice thereof to the Registrar-General, or shall have obtained from the Court an order or injunction restraining the Registrar-General from bringing the land under the provisions of this Act. No such lapsed caveat shall, except with the permission of the Court, be renewed by or on behalf of the same person in respect of the same estate or interest.
The reversion expectant upon a lease shall not be deemed to have been extinguished in consequence of the land comprised in such lease having been brought under the provisions of this Act, and the registered proprietor of any land which is subject to a lease granted prior to the first certificate being issued in respect of such land, shall be held in all Courts to be seized of the reversion expectant upon such lease, and to have all the powers, rights and remedies to which a reversioner is by law entitled and shall be subject to all covenants and conditions in such lease expressed or implied to be performed on the part of the lessor.
This Division applies to, and in relation to, the registration of title to land in the Register Book.
Each certificate of title shall constitute a separate folium of the Register Book, and the Registrar-General shall record thereon distinctly and separately all memorials affecting the land included in each certificate.
Every memorial entered in the Register Book shall be sealed with the seal of the Registrar-General, and shall state the nature of the instrument to which it relates and such other particulars as the Registrar-General directs, and shall refer by number or symbol to such instrument.
(1) Subject to this Act, a certificate of title must be accepted in legal proceedings as conclusive evidence of title to land and to any other estate or interest in land that it records and as evidence (which may be rebutted) of any other information that it records.
(2) A document that purports to have been certified by the Registrar-General to be a correct copy of a certificate of title may be accepted in legal proceedings as if it were the certificate of title.
Where the Registrar-General is required by this or any other Act or any other law to register title to land or record any other information relating to land, the Registrar‑General may register the title or record the information by an electronic, electromagnetic, optical or photographic process and, in that case, the provisions of this Act (excluding Division 1) and any other relevant Act will be construed so as to apply to, and in relation to, the registration of title or recording of information by that process and in particular—
(a) the term
Register Book will be taken to include the records maintained by the Registrar-General pursuant to this section relating to the land;(b) the term
certificate orcertificate of title will be taken to mean the records maintained by the Registrar‑General under this section relating to the land;(e) a requirement that a record relating to the land be made in the Register Book or on the certificate of title for the land will be satisfied if the Registrar‑General makes the record by an electronic, electromagnetic, optical or photographic process.
(1) If title to land is registered under this Division, the Registrar‑General must issue a certificate of title setting out the registered proprietor's estate or interest in the land and the encumbrances, liens or other interests (if any) to which the estate or interest is subject.
(2) The Registrar‑General may cancel a certificate of title and issue a new certificate in its place—
(a) when registering an instrument dealing with or affecting the registered proprietor's estate or interest in the land; or
(b) if, in the Registrar‑General's opinion, a record should be made on the title.
(3) Despite subsection (1), the Registrar‑General may withhold the issue of a certificate of title if in his or her opinion proper reasons exist for doing so.
(1) Subject to this Act a statement (that has been certified by the Registrar-General) of—
(a) title to land or to any estate or interest in land recorded by the Registrar‑General under this Division must be accepted in legal proceedings as conclusive evidence of title to land or to any estate or interest in land; and
(b) any other information recorded by the Registrar-General under this Division must be accepted in legal proceedings as evidence (which may be rebutted) of that information.
(2) A statement referred to in subsection (1) that purports to have been certified by the Registrar-General must be taken in legal proceedings, in the absence of proof to the contrary, to have been so certified.
(1) Where the Surveyor-General had lodged a plan delineating the boundaries of allotments in a designated survey area with the Registrar-General under the
Survey Act 1992 , the Registrar-General must examine the plan and, if it is in order, accept it for filing in the Lands Titles Registration Office.(2) A plan accepted for filing under subsection (1) must be accepted in legal proceedings as evidence (which may be rebutted) of the position and dimensions of the boundaries of allotments that it delineates.
(3) A court, tribunal or other body or person conducting legal proceedings must not make a finding that the position or dimensions of the boundary of an allotment varies from the position or dimensions of the boundary shown on a plan accepted for filing under subsection (1) unless the court, tribunal, body or person has first given the Surveyor‑General, or a person acting on his or her behalf, the opportunity to present evidence and be heard on that question.
(4) If the Registrar-General finds an error in a plan accepted for filing under subsection (1), he or she may, with the approval of the Surveyor-General, amend the plan in order to correct the error.
(5) As soon as practicable after accepting a plan for filing under subsection (1) or amending a plan under subsection (4), the Registrar-General must correct any certificate of title that is inconsistent with a boundary delineated on the plan.
On registering an instrument, the Registrar‑General must make a record of the date and time of registration and the record must be accepted in legal proceedings as conclusive evidence of the date and time of registration.
Once information has been registered or recorded by the Registrar-General under this Act the Registrar-General must retain it in the form in which it was originally registered or recorded, or in some other form.
(1) Subject to this Act, the Registrar‑General may not register or record an instrument that purports to transfer or otherwise deal with or affect an estate or interest in land under this Act unless the instrument complies with this Act, is lodged in a manner approved by the Registrar-General and is in the appropriate form.
(2) However, if an instrument contains a clear error the Registrar‑General may correct the error, and the instrument will then be valid and have effect as if the error had not been made.
The Registrar‑General may register or record a document that is not in the appropriate form, or does not comply with a requirement under this Act (including where the document is not signed or executed in a manner required under this Act), despite the fact that the document does not comply with that form or requirement, if the Registrar‑General is satisfied—
(a) that the document substantially complies with the appropriate form or requirements of this Act (as the case requires); and
(b) that loss or inconvenience would result if the document were not registered or recorded.
(1) Instruments must be registered or recorded in the order in which they are presented to the Registrar‑General for registration or recording.
(2) Instruments registered or recorded in respect of or affecting the same estate or interest in land are entitled (despite any express, implied or constructive notice) to priority according to the time of registration or recording.
(3) However, if 2 or more instruments dealing with or affecting the same estate or interest in land have been presented for registration or recording at the same time, the Registrar‑General may register or record those instruments in the order that will give effect to the intentions of the parties as expressed in, or apparent to the Registrar‑General from, the instruments.
(4) Subsections (1), (2) and (3) operate subject to Part 13A.
(5) The Registrar‑General may, on application in the appropriate form, vary the order of priority between 2 or more registered mortgages or encumbrances.
(6) An application under subsection (5)—
(a) must be made, with the consent of the mortgagor or encumbrancer, by every holder of a mortgage or encumbrance that is to have its order of priority varied; and
(b) if a registered mortgage or encumbrance is, by virtue of the proposed variation of order of priority, to be postponed to a mortgage or encumbrance over which it has had priority—must be made with the consent of the holder of the mortgage or encumbrance that is to be postponed.
(7) The Registrar‑General must record a variation of an order of priority under subsection (5) on the certificate of title affected by the mortgages or encumbrances.
A certificate of title will be taken to be registered upon the Registrar-General allotting a volume and folio number in respect of the certificate of title.
(1) Subject to subsection (2), every instrument will, when registered or recorded, be deemed part of the Register Book.
(2) Subsection (1) does not operate to deem an instrument registered or recorded in the Register of Crown Leases part of the Register Book.
(3) Every instrument registered in the Register Book or the Register of Crown Leases will be deemed to be a deed duly executed by the parties.
(1) In case any person, who either before or after his or her death shall be registered as proprietor of any land shall die after executing any instrument affecting such land, and before registration or recording thereof, the registration or recording of such instrument may nevertheless be proceeded with in accordance with this Act, and shall be valid notwithstanding such death.
(2) If a person who has completed a client authorisation dies, an instrument executed pursuant to the client authorisation after the person's death is valid despite the person's death, and may be registered or recorded in accordance with this Act.
In any proceeding in the Court respecting any land, or any transaction, contract, or application relating thereto, or any instrument or record affecting any such land, it shall be lawful for the Court to direct the Registrar-General to cancel, correct, record, substitute, issue, or make any certificate of title, or any memorial or entry in the Register Book, or otherwise to do such acts and make such entries as may be necessary to give effect to any judgment, decree, or order of such Court given or made in such proceeding, and the Registrar-General shall obey every such direction.
(1) Subject to this section, any person may have access to the Register Book, and to all instruments lodged or deposited in the Lands Titles Registration Office, for the purpose of inspection during the hours, and on the days, appointed for search.
(1a) If an instrument is lodged electronically, the Registrar‑General may determine that only the instrument as registered is to be accessed.
(2) If, on the application of a person whose particulars are, or are to be, contained in the Register Book or in any instruments lodged or deposited in the Lands Titles Registration Office, the Registrar‑General is satisfied that access under this section to any such particulars would be likely to place at risk the personal safety of the person, a member of the person's family or any other person, the Registrar‑General may take such measures as he or she thinks fit to prevent or to restrict access to those particulars.
(3) An application under subsection (2) must be in the appropriate form and must contain such particulars, and be supported by such evidence, as the Registrar‑General may require.
(4) The Registrar‑General may take such measures as he or she thinks fit to prevent or restrict access to any particulars the subject of an application under subsection (2) while the application is being determined.
(5) Nothing prevents the Registrar‑General varying or revoking any measures taken under subsection (2) or (4) if he or she thinks fit.
If a grant of Crown land is lodged in the Lands Titles Registration Office, the Registrar-General must register title to the land.
No instrument registrable under this Act shall be effectual to pass any land or to render any land liable as security for the payment of money, but upon the registration of any instrument in manner herein prescribed, the estate or interest specified in such instrument shall pass, or, as the case may be, the land shall become liable as security in manner and subject to the covenants, conditions, and contingencies set forth and specified in such instrument or by this Act declared to be implied in instruments of a like nature.
The title of every registered proprietor of land shall, subject to such encumbrances, liens, estates, or interests as may be notified on the certificate of title of such land, be absolute and indefeasible, subject only to the following qualifications:
(a)
Fraud in the case of fraud, in which case any person defrauded shall have all rights and remedies that he would have had if the land were not under the provisions of this Act: Provided that nothing included in this subsection shall affect the title of a registered proprietor who has taken
bona fide for valuable consideration, or any personbona fide claiming through or under him;
(b)
Forgery or disability in the case of a certificate or other instrument of title obtained by forgery or by means of an insufficient power of attorney or from a person under some legal disability, in which case the certificate or other instrument of title shall be void: Provided that the title a registered proprietor who has taken
bona fide for valuable consideration shall not be affected by reason that a certificate other instrument of title was obtained by any person through whom he claims title from a person under disability, or by any of the means aforesaid;
(c)
Erroneous inclusion of land where any portion of land has been erroneously included, by wrong description of parcels or boundaries, in the certificate of title or other instrument evidencing the title of the registered proprietor: In which case the rights of the person who but for such error would be entitled to such land shall prevail, except as against a registered proprietor taking such land
bona fide for valuable consideration, or any personbona fide claiming through or under the registered proprietor;
(d)
Omission of easement where a right-of-way or other easement not barred or avoided by the provisions of the
Rights-of-Way Act 1881 , or of this Act, has been omitted or mis-described in any certificate, or other instrument of title: In which case such right-of-way or other easement shall prevail, but subject to the provisions of the saidRights-of-Way Act 1881 and of this Act;
(e)
Several certificates for the same land where 2 or more certificates of title shall be registered under any of the Real Property Acts in respect of the same land: In which case the title originally first in time of registration shall prevail but without prejudice to the effect of anything done under Part 19A of this Act;
(f)
Certificate of title to be void if any person is in possession and rightfully entitled adversely to the first registered proprietor any certificate of title issued upon the first bringing of land under the provisions of any of the Real Property Acts, and every certificate of title issued in respect of the said land, or any part thereof, to any person claiming or deriving title under or through the first registered proprietor, shall be void, as against the title of any person adversely in actual occupation of, and rightfully entitled to, such land, or any part thereof at the time when such land was so brought under the provisions of the said Acts, and continuing in such occupation at the time of any subsequent certificate of title being issued in respect of the said land;
(h)
A lease or letting for not more than a year where at the time when the proprietor becomes registered a tenant shall be in actual possession of the land under an unregistered lease or an agreement for a lease or for letting for a term not exceeding one year: In which case the title of the tenant under such lease or agreement shall prevail;
(i)
Failure of mortgagee to comply with verification requirement if—
(i) the person by or on whose behalf a mortgage was signed or executed as mortgagor (the
purported mortgagor ) is not the registered proprietor of land subject to the mortgage; and(ii) the mortgagee failed to comply with a requirement under this Act or the
Electronic Conveyancing National Law (South Australia) —
(A) to verify the purported mortgagor's identity or authority to enter into the mortgage; or
(B) if the mortgage was transferred to the mortgagee—to establish that the transferor complied with an obligation imposed under this Act on the transferor, as mortgagee, to verify the identity of the purported mortgagor or to verify the purported mortgagor's authority to enter into the mortgage,
the mortgagee's interest under the mortgage is not indefeasible.
In all other cases the title of the registered proprietor of land shall prevail, notwithstanding the existence in Her Majesty, Her heirs, or successors, or in any person of any estate or interest whatever whether derived by grant from the Crown or otherwise, which but for this Act might be held paramount or to have priority; and notwithstanding any want of notice, or insufficient notice of any application, or any error, omission or informality in any application or proceedings.
Nothing in the two preceding sections contained shall be construed so as to affect any of the following rights or powers, that is to say—
(a)
Sales by Sheriff the power of the Sheriff to sell the land of a judgment debtor under a writ of execution;
(b)
Sales under order of the Court the power of the Court to order the sale of land;
(c)
Transmissions on bankruptcy or assignment the right of the Official Receiver or of any trustee to land transmitted on the bankruptcy or statutory assignment of the registered proprietor;
(d)
Contracts the rights of a person with whom the registered proprietor of land has made a contract for the sale of the land, or in relation to any other matter affecting the land;
(e)
Trusts the rights of a
cestui que trust where the registered proprietor is a trustee, whether the trust shall be express, implied, or constructive;
(f)
Deed-poll by promoters of an undertaking the right of promoters of an undertaking to vest land in themselves by deed‑poll pursuant to the
Compulsory Acquisition of Land Act 1925 or any Act amending the same,provided that no unregistered estate, interest, power, right, contract, or trust shall prevail against the title of a registered proprietor taking
bona fide for valuable consideration, or of any personbona fide claiming through or under him.
Knowledge of the existence of any unregistered estate, interest, contract, or trust shall not of itself be evidence of want of
bona fides so as to affect the title of any registered proprietor.
Two or more persons registered as joint proprietors of an estate or interest in land shall be deemed to be entitled to the same as joint tenants; and in all cases where 2 or more persons are entitled as tenants in common to an estate of freehold in any land, the certificate must state the shares in which they hold the land.
The proprietor of an estate of freehold in remainder or reversion in land, for a life estate in which a certificate has already been issued, may have the estate registered on the certificate issued for the life estate, or a separate certificate for the estate, which shall refer to the certificate of the particular estate.
Every certificate, or other instrument of title issued to or made in favour of a corporation, aggregate or sole, shall be deemed to extend to and include the successors of such corporation, and every such certificate or instrument of title issued to or made in favour of any person shall be deemed to extend to and include the legal representatives of such person.
The Registrar-General shall record on every certificate issued by him, and in such manner as to preserve their respective priorities, memorials of all subsisting mortgages, leases, and encumbrances, and of any dower or rent-charge to which the land may be subject; and if such certificate be issued to a minor or to a person otherwise under disability, he shall record thereon the age of such minor or the nature of the disability so far as known to him.
Upon the application of any registered proprietor holding land under 1 or more certificates, it shall be lawful for the Registrar-General to issue to such proprietor 1 certificate for the whole of such land, or several certificates each comprising portion of such land, in accordance with such application; and upon issuing any such new certificate the Registrar-General shall cancel the certificates, and shall endorse thereon a memorandum, setting forth the occasion of such cancellation, and referring to the new certificate issued in lieu thereof.
Where—
(a) this Act or another Act or any other law requires the Registrar‑General to enter or endorse a memorial or memorandum or make any other entry, endorsement or notation on a certificate; or
(b) in the opinion of the Registrar‑General he or she should enter or endorse a memorial or memorandum or make any other entry, endorsement or notation on a certificate or correct an error in or make any other alteration to a certificate,
the Registrar‑General may issue a new certificate that includes the memorial, memorandum, entry, endorsement, notation, correction or other alteration in place of the existing certificate.
Part 7A Title by possession to land under this Act
A person who would have obtained a title by possession to any land which is subject to this Act, if that land had not been subject to this Act, may apply to the Registrar‑General for the issue to him of a certificate of title to that land.
(1) An application under section 80A—
(a) must be in the appropriate form; and
(b) must contain a declaration signed by the applicant declaring that all the statements in it are true.
(2) The applicant must, if required to do so by the Registrar‑General, provide the Registrar‑General with a plan of survey of the land.
(1) The Registrar-General shall refer each application to a legal practitioner, who shall examine it and report upon it to the Registrar-General.
(2) The Registrar-General may thereupon in his discretion reject the application as regards the whole or any part of the land to which it relates, or proceed as hereinafter provided.
The Registrar-General may—
(a) require an applicant to furnish him with any information or documents relating to his application;
(b) notwithstanding any direction previously given by him as to the application, reject it altogether or in part if the applicant fails to comply within a reasonable time with any requisition made under this section.
(1) If an application is not wholly rejected by the Registrar-General, the Registrar‑General must cause a notice of the application in the appropriate form—
(a) to be published once at least in a newspaper circulating in the neighbourhood of the land, and, if the Registrar‑General thinks necessary, in any other newspaper; and
(b) to be given to any person who in the Registrar-General's opinion has or may have any estate or interest in the land; and
(c) to be published in any other way or given to any other persons.
(2) The notice shall fix a time, not less than 21 days nor more than 12 months from the first publication of the notice in a newspaper under subsection (1) of this section, at or after the expiration of which the Registrar-General may, unless a caveat is lodged, grant the application altogether or in part.
(1) A person claiming an estate or interest in the land to which an application under this Part relates, may at any time before the application is granted, lodge a caveat with the Registrar-General forbidding the granting of the application.
(2) A caveat under this section—
(a) shall state the nature of the estate or interest claimed by the person lodging it and shall give an address at which notices and proceedings relating to the caveat may be served;
(b) need not be in any particular form but shall be accepted by the Registrar‑General if it gives reasonable notice of the claim of the caveator.
(3) If the Registrar-General is satisfied that the caveator is the registered proprietor of the land to which the application relates, or has an estate or interest in that land derived under or through the registered proprietor, he shall refuse the application:
Provided that the Registrar-General shall not refuse an application solely on the ground that a person is entitled to an easement in or over the said land, but if a person is so entitled the Registrar-General may include in any certificate of title issued to the applicant a statement that the land is subject to the easement.
(4) If the Registrar-General is not satisfied that the caveator is the registered proprietor of the land or has an estate or interest therein derived under or through the registered proprietor, he shall give notice to the caveator that the caveator is required to take proceedings in the Court to establish his title to the estate or interest claimed by him, within a time specified in the notice being not less than six months after the giving thereof.
(5) If a caveator who has received such notice from the Registrar-General does not within the time mentioned in the notice bring an action in the Court to obtain a declaration that he is entitled to the estate or interest claimed by him and give written notice thereof to the Registrar-General, or obtain from the Court an order or injunction restraining the Registrar-General from issuing a certificate to the applicant under this Part, the caveat shall lapse.
(6) A lapsed caveat shall not except with the permission of the Court be renewed by or on behalf of the same person in respect of the same estate or interest.
(7) In any proceedings to establish the title of the caveator the issue for the Court to decide shall be whether the caveator is the registered proprietor of the land or is entitled to an estate or interest derived under or through the registered proprietor.
Upon or after the expiration of the time fixed by the notice under section 80E of this Act, if the Registrar-General is satisfied that the possession on which the applicant relies would, if the land had not been subject to this Act, have conferred on the applicant a title by possession, he may issue to the applicant a certificate for an estate in fee simple or for any other estate acquired by the applicant, free from all encumbrances appearing by the Register Book to affect the existing title: Provided that where a caveat has been lodged against the granting of an application the Registrar-General shall not grant that application unless—
(a) the caveat has lapsed; or
(b) proceedings taken by the caveator to establish his title have been finally disposed of, and in those proceedings the caveator has failed to establish his title, or to obtain from the Court an injunction restraining the Registrar‑General from issuing a certificate to the applicant.
(1) Where a certificate of title for any land is issued under this Part the Registrar-General—
(a) shall cancel the existing certificate of title for that land and any instrument, entry or memorial in the Register Book altogether or to such extent as is necessary to give effect to the certificate of title issued;
(b) shall endorse on every certificate of title so cancelled a memorandum stating the circumstances and authority under which the cancellation is made.
(2) Upon the cancellation of a certificate of title, instrument, entry or memorial pursuant to this section, the estate and interest evidenced thereby shall cease and determine.
The fees payable upon an application under this Part and in respect of the issue of a certificate under this Part shall be the same as if the application were an application to bring land under the provisions of this Act.
81 Certificates may contain statement of right-of-way or other easement
Any certificate hereafter issued may contain a statement therein or thereon to the effect that the land therein described has appurtenant thereto any easement, or that the person therein named is entitled to any easement in gross, or that the land therein described is subject to any right or rights-of-way or other easement.
Every such statement or entry shall fully set forth a true and accurate description of the easement, or, if the instrument creating the same be enrolled or deposited in the General Registry Office, or deposited in the Lands Titles Registration Office, shall refer to such instrument.
The registered proprietor of land brought under the provisions of the
Real Property Act of 1861 after the passing of theRights-of-Way Act 1881 or of land hereafter brought under the provisions of this Act shall be deemed to hold the land comprised in the certificate of such land subject to such rights-of-way only as are mentioned and set forth in such certificate.
No easement hereafter created by express grant or transfer over or in respect of any servient land under the provisions of this Act shall be binding on any registered proprietor subsequently taking the land
bona fide for valuable consideration, unless such easement shall be entered on the certificate of such land.
The registered proprietor of any land shall, as from the eighteenth day of November, 1886, hold the same freed and discharged from all rights-of-way existing on or before that date and not entered upon the certificate of such land in pursuance of an application made on or before such date under the
Rights-of-Way Act 1881 .
Rights-of-way or other easements now or hereafter acquired or enjoyed by the public in, over, along, or across any servient land shall not be deemed to be rights-of-way or easements within the meaning of this Part of this Act, or in respect of which applications may be made or caveats entered, and nothing herein contained shall derogate from any such rights or easements, or be deemed to confer on the registered proprietor of any such servient land a right to interfere with or obstruct the public use of any way or other easement so acquired or enjoyed as aforesaid.
Every certificate issued before the eighteenth day of November, 1881, containing therein a statement to the effect that the registered proprietor is seized of the land therein described, subject to or together with any right-of-way therein described or delineated, or together with any easement therein described, shall be deemed to operate as a grant or reservation, as the case may be, of such right-of-way or other easement, and such certificate shall, except in the case of fraud, be received in all Courts as conclusive evidence of the existence of such right-of-way or other easement:
Provided that this section shall not apply to any right-of-way or other easement, the title to which is now the subject of pending litigation in any Court of Law, or to any right-of-way or other easement, the right to which has been concluded in any Court adversely to such right-of-way or easement.
Whenever any right-of-way or other easement appurtenant to land under the provisions of this Act over land also under its provisions shall hereafter be granted or created, the Registrar-General shall make such entry on the certificates of title for the dominant and servient lands as he or she thinks fit.
The words "a free and unrestricted right-of-way" in any instrument shall be deemed to imply the words set forth in Schedule 5 hereto so far as they shall be applicable as fully and effectually as if set out at length in such instrument.
Where, in an instrument, a short form set out in Schedule 6 is used to grant or create an easement the instrument shall, unless the contrary intention appears, be deemed to incorporate the corresponding long form of that easement set out in the Schedule.
(1) Any registered proprietor of any land may deposit with the Registrar-General a plan of subdivision of the said land, showing the rights-of-way intended to be created by such proprietor over such land, and every subsequent registered proprietor of the said land, or any part thereof, shall be entitled to a right-of-way over all the rights-of-way shown in such plan, unless otherwise declared in his certificate.
(2) Subsection (1) shall not apply to a plan of subdivision deposited with the Registrar‑General after the commencement of the
Real Property Act Amendment Act (No. 2) 1985 .
(1) Sections 90B, 90C, 90D and 90E apply to, and in relation to, an easement whether the dominant and servient land are under the provisions of this Act and the easement has been entered on a certificate of title under this Part or not and whether the easement is created by instrument or by operation of a provision of this Act or some other Act or by operation of some other law.
(2) Section 90F only applies to, and in relation to, an easement if the dominant and servient land are under the provisions of this Act.
(1) Subject to this section, the Registrar-General may on application (in a form approved by the Registrar-General) by the proprietor of the dominant or servient land or on the Registrar-General's own initiative—
(a) vary the position of, or extend or reduce the extent of, an easement over servient land; or
(b) vary an easement by extending the appurtenance of the easement to other land owned by the proprietor of the dominant land; or
(c) extinguish an easement.
(2) Subject to this section, the Registrar-General must not act under subsection (1) except on the application, or with the written consent, of the proprietor of the dominant land and the servient land and with the written consent of all other persons who—
(a) in the case of land under the provisions of this Act—appear from the Register Book to have, or to claim, an estate or interest in the dominant or servient land;
(b) in the case of land that is not under the provisions of this Act—are known to the Registrar‑General (or who become known to the Registrar-General after making reasonable enquiry) to have, or to claim, an estate or interest in the dominant or servient land.
(3) The Registrar-General may dispense with the consent of the proprietor of the dominant or servient land required by subsection (2) if the Registrar-General is satisfied that—
(a) notice complying with subsection (3e) has been given to the proprietor; and
(b) 28 days has passed since the notice was given; and
(c) the proprietor's estate or interest in the dominant or servient land will not be detrimentally affected by the proposed variation or extinguishment of the easement.
(3a) The Registrar-General may dispense with the consent of a person required by subsection (2) (other than the proprietor of the dominant or servient land) if he or she is satisfied that the person's estate or interest in the dominant or servient land will not be detrimentally affected by the proposed variation or extinguishment of the easement.
(3b) Without limiting the generality of subsection (3) or (3a), where—
(a) the original purpose of a right-of-way was to provide access to the dominant land to which it is appurtenant; and
(b) the right-of-way can no longer be exercised by the proprietor of that land for that purpose because the land has subsequently been separated from the right‑of‑way by the creation of intervening allotments,
the Registrar-General may extinguish the right-of-way without the consent of a person required by subsection (2) if he or she is satisfied that there is no reason to believe or suspect that the proprietor of that land, or a successor in title of the proprietor, has any reasonable prospect of using the right-of-way for access to that land in the future.
(3c) Without limiting the generality of subsection (3) or (3a), where dominant land is separated from a right-of-way appurtenant to the land by intervening land and the Registrar-General is satisfied that the continued existence of the right-of-way would not enhance the use or enjoyment of the dominant land, he or she may extinguish the right-of-way without the consent of a person required by subsection (2).
(3d) Before taking action under subsection (3b) or (3c) the Registrar-General must be satisfied that—
(a) notice complying with subsection (3e) has been given to the proprietor of the dominant land; and
(b) 28 days has passed since the notice was given.
(3e) The notice referred to in subsections (3) and (3d) must—
(a) be approved by the Registrar-General; and
(b) include details of the proposed variation or extinguishment of the easement; and
(c) invite the person to whom it is given to make representations to the Registrar‑General in relation to the proposal within 28 days.
(4) The Registrar-General may extinguish an easement under subsection (1) without the consent of a person required by subsection (2) if—
(a) —
(i) in the opinion of the Registrar-General it is not reasonably practicable to ascertain the identity or whereabouts of that person; and
(ii) the Registrar-General is satisfied that the proprietor of the dominant land has ceased to exercise the rights conferred by the easement; and
(b) the Registrar-General has published notice of his or her intention to act under subsection (1) in the Gazette and in a newspaper circulating generally throughout the State; and
(c) where the person's identity is known—the Registrar-General has sent notice of his or her intention to act under subsection (1) by post addressed to the person at his or her last address known to the Registrar-General; and
(d) at least 21 days has elapsed since—
(i) notice was published under paragraph (b); and
(ii) where paragraph (c) applies, notice was posted under that paragraph.
(6) Subject to subsection (7), the proprietor of dominant land cannot transfer or convey the land without the easement that is appurtenant to it.
(7) The proprietor of dominant land or of some part of it may transfer or convey part of the land without the appurtenant easement if rights under the easement continue in existence in respect of some other part of the dominant land.
(8) The easement is extinguished in respect of land transferred or conveyed under subsection (7).
(9) Where, in the opinion of the Registrar-General, the creation or continuance of an easement was, or was likely to have been, a requirement on which—
(aa) the issue of a certificate by the State Planning Commission under section 138 of the
Planning, Development and Infrastructure Act 2016 ; or(a) the issue of a certificate by the Development Assessment Commission under section 51 of the
Development Act 1993 ; or(b) the issue of a certificate by a council or the South Australian Planning Commission under Part 19AB; or
(c) the approval of an application for the deposit of a strata plan by the South Australian Planning Commission or a council; or
(d) the consent or approval of an authority under a corresponding previous enactment,
was based—
(e) the easement cannot be varied or extinguished under this section; and
(f) the appurtenance of the easement cannot be extended to other land under this section; and
(g) the easement cannot be merged with the servient land by transfer or conveyance of the easement to the proprietor of the servient land or the transfer or conveyance of the servient land to the proprietor of the easement; and
(h) part of the dominant land cannot be transferred or conveyed separately from the easement thereby extinguishing the easement in respect of that land,
without the consent of the Development Assessment Commission.
(10) Upon the variation or extinguishment of an easement under this section the Registrar‑General must make such consequential entries in the Register Book or such entries in the records of the General Registry Office as he or she considers necessary.
(11) A reference in this section to dominant land includes a reference to an easement that is not appurtenant to any land.
(12) This section is subject to and does not derogate from any other Act relating to the variation or extinguishment of easements of a particular class.
(1) Subject to this section, a person may be the proprietor of an easement and the servient land that is subject to the easement and accordingly a person may grant an easement to himself or herself.
(2) Subject to this section, if an easement and the servient land are vested in the same person by transfer or conveyance the easement will not merge with the servient land unless the transfer or conveyance expresses the intention that it should do so.
(3) An easement is extinguished by the amalgamation of the dominant and servient land under Part 19AB Division 3.
(4) Where the whole or part of the land within the boundaries of an easement is amalgamated with the whole or part of the dominant land by the reconstitution of allotment boundaries upon deposit of a plan of division in the Lands Titles Registration Office, the easement is extinguished insofar as it extended over the amalgamated land.
Before registering an instrument creating or varying an easement, the Registrar‑General or the Registrar-General of Deeds may require the parties to the instrument to lodge a survey prepared by a licensed surveyor that delineates the boundaries of the easement.
(1) A private right-of-way cannot subsist over a public street or road and accordingly—
(a) a private right-of-way cannot be granted, reserved or otherwise created over a public street or road; and
(b) upon land becoming a public street or road all private rights-of-way over the land are extinguished; and
(c) all private rights-of-way existing over public streets or roads immediately before the commencement of the
Real Property (Miscellaneous) Amendment Act 1994 are extinguished.
(2) Subsection (1) extinguishes a right-of-way only in respect of land that is a public street or road and the right-of-way remains in force in respect of other land (if any) that is subject to it.
(3) In this section—
a public street or road means—
(a) a public street or road within the meaning of Part 17 of the
Local Government Act 1934 ;(b) a thoroughfare vested in a council, an authority or the Crown by section 223LF or by a corresponding previous enactment;
(c) a public road referred to in section 27CA of the
Highways Act 1927 ,that the public is entitled to use as a street, road or thoroughfare.
If, when an easement is created over servient land, the dominant land, or any part of it, is subject to a mortgage or an encumbrance, the easement is also subject to the mortgage or encumbrance if—
(a) the instrument granting the easement provides that it is subject to the mortgage or encumbrance; and
(b) the mortgagee or encumbrancee has endorsed his or her consent to that on the instrument.
In this Part—
designated Act means—
(a) the
Crown Land Management Act 2009 ; or(b) the
Pastoral Land Management and Conservation Act 1989 ; or(c) a relevant Act within the meaning of Schedule 1 Part 7 of the
Crown Land Management Act 2009 ; or(d) any other Act under which a Crown lease may be granted or which regulates dealings with Crown leases.
For the purpose of this Part of this Act, every lease or agreement for sale of Crown lands hereafter granted, or made by or on behalf of the Crown, shall be deemed a Crown lease.
Every person now holding any Crown lands under any lease or agreement for sale granted or made by or on behalf of the Crown may, subject to the approval of the Minister of Lands, surrender his lease or agreement for a Crown lease of the land remaining subject to such lease or agreement, upon all the same terms as shall have been applicable to such land prior to the surrender, but so that every person having any estate or interest in the surrendered land shall concur in the surrender.
(1) The parties to a Crown lease must execute a lease which must be lodged in the Lands Titles Registration Office for inclusion or recording in the Register of Crown Leases.
(2) The Register of Crown Leases may take the form of the individual copies of the leases bound into a book or kept separately or of records made by an electronic, electromagnetic, optical or photographic process or both of those forms.
(3) A Crown lease will be taken to be registered upon the Registrar-General allotting a volume and folio number in respect of the lease.
(3a) A Crown lease registered under subsection (3) is able to be (and a Crown lease so registered is taken to have always been able to be) transferred, mortgaged and dealt with for the purposes of this Act as if it were a lease registered in the Register Book (provided that an entry in respect of a lease that would ordinarily be made in the Register Book must instead be made in the Register of Crown Leases).
(3b) If an instrument lodged in the Lands Titles Registration Office transfers, mortgages or otherwise deals with a Crown lease, the instrument will be taken to be registered or recorded, as appropriate, on being entered in the Register of Crown Leases by the Registrar‑General.
(3c) However, the Registrar‑General may not register a Crown lease, or register or record an instrument that transfers, mortgages or otherwise deals with a Crown lease, unless satisfied that any consent required under a relevant designated Act has been obtained.
(4) Subject to this section, any person may have access to the Register of Crown Leases, and to all instruments affecting registered Crown leases in the Lands Titles Registration Office, for the purpose of inspection during the hours, and on the days, appointed for search.
(5) If, on the application of a person whose particulars are, or are to be, contained in the Register of Crown Leases, the Registrar‑General is satisfied that access under this section to any such particulars would be likely to place at risk the personal safety of the person, a member of the person's family or any other person, the Registrar‑General may take such measures as he or she thinks fit to prevent or to restrict access to those particulars.
(6) An application under subsection (5) must be in the appropriate form and must contain such particulars, and be supported by such evidence, as the Registrar‑General may require.
(7) The Registrar‑General may take such measures as he or she thinks fit to prevent or restrict access to any particulars the subject of an application under subsection (5) while the application is being determined.
(8) Nothing prevents the Registrar‑General varying or revoking any measures taken under subsection (5) or (7) if he or she thinks fit.
The forfeiture or determination of a Crown lease will not take effect until the forfeiture or determination has been entered in the Register of Crown Leases by the Registrar-General.
(1) Subject to subsection (2), section 69 applies (and is taken to have always applied) in relation to the title of a person who appears by the Register of Crown Leases to be a proprietor of land as if the person were the registered proprietor of the land and the Crown lease were the certificate of title.
(2) Subsection (1) does not operate to protect the interests of a party to an instrument if—
(a) any consent required under any relevant designated Act was not obtained before the instrument was registered; or
(b) the instrument is in any way inconsistent with any relevant designated Act.
Subject to this Part, a document that purports to have been certified by the Registrar‑General to be a correct copy of a Crown lease is to be accepted in legal proceedings—
(a) as conclusive evidence of title to any estate or interest in land that it records; and
(b) as evidence (which may be rebutted) of any other information that it records.
(1) Nothing in this Part overrides any designated Act, and, to the extent of any inconsistency between this Part and a designated Act, the designated Act will prevail.
(2) To avoid doubt, registration or recording under section 93, and indefeasibility under section 95, do not prejudice or alter any right or remedy that the Crown would otherwise possess or validate any instrument, or provision of any instrument, that would not be valid under a designated Act.
(1) If—
(a) land is intended to be transferred; or
(b) a right‑of‑way or other easement is intended to be created or transferred,
the transferor and the transferee must execute a transfer in the appropriate form to be lodged for registration in the Lands Titles Registration Office.
(2) A transfer must include—
(a) a description of the land intended to be dealt with (either by reference to the certificate of title for the land or by the inclusion of a description that clearly identifies the land); and
14.12.1939 | 1.2.1940
( | |||
1945 | 39 | | 17.1.1946 | 17.1.1946 |
1960 | 44 | | 10.11.1960 | 10.11.1960 |
1961 | 37 | | 9.11.1961 | 9.11.1961 |
1963 | 46 | | 28.11.1963 | 28.11.1963 |
1967 | 37 | | 14.9.1967 | 22.2.1968
( |
1969 | 30 | | 2.10.1969 | 29.1.1970
( |
1972 | 116 | | 23.11.1972 | 15.1.1973
( |
1972 | 130 | | 30.11.1972 | 7.12.1972
( |
1974 | 42 | | 11.4.1974 | 11.4.1974 |
1975 | 12 | | 20.3.1975 | 24.4.1975
( |
1978 | 116 | | 7.12.1978 | 7.12.1978 |
1979 | 51 | | 22.3.1979 | 3.5.1979
( |
1980 | 32 | | 17.4.1980 | 22.5.1980
( |
1980 | 68 | | 13.11.1980 | 13.11.1980 |
1982 | 23 | | 18.3.1982 | 4.11.1982
( |
1982 | 62 | | 1.7.1982 | 4.11.1982
( |
1983 | 56 | | 16.6.1983 | 1.7.1983
( |
1983 | 96 | | 15.12.1983 | 4.11.1982: s 2 |
1985 | 20 | | 14.3.1985 | 18.11.1985
( |
1985 | 51 | | 30.5.1985 | 12.9.1985
( |
1987 | 20 | | 16.4.1987 | 16.4.1987 |
1987 | 69 | | 29.10.1987 | 1.8.1988
( |
1988 | 13 | | 7.4.1988 | 1.9.1988
( |
1990 | 9 | | 12.4.1990 | 21.5.1990
( |
1990 | 32 | | 26.4.1990 | 2.8.1990
( |
1992 | 13 | | 16.4.1992 | 18.2.1993
( |
1992 | 23 | | 14.5.1992 | 21.5.1992
( |
1992 | 26 | | 14.5.1992 | 6.7.1992
( |
1993 | 54 | | 27.5.1993 | 15.1.1994
( |
1994 | 11 | | 5.5.1994 | 8.9.1994
( |
1994 | 54 | | 15.9.1994 | 15.9.1994
( |
1994 | 59 | | 27.10.1994 | 1.1.1995
( |
1995 | 11 | | 23.3.1995 | 1.7.1995
( |
1996 | 38 | | 9.5.1996 | ss 24—30—4.11.1996
( |
1999 | (159) | | — | 29.7.1999: r 2 |
1999 | 64 | | 18.11.1999 | s 8—1.1.2000
( |
2000 | 50 | | 20.7.2000 | 1.11.2001
( |
2000 | 57 | | 20.7.2000 | Pt 14
(s 29)—23.10.2000 ( |
2001 | 22 | | 14.6.2001 | 1.1.1975: s 2 |
2002 | 33 | | 28.11.2002 | Pt 9
ss 15 & 16—28.1.2000: s 2(2); ss 13, 14 & 17—3.3.2003
( |
2003 | 44 | | 23.10.2003 | Sch 1—24.11.2003
( |
2005 | 56 | | 17.11.2005 | Sch 2
(cl 44)—1.7.2006 ( |
2006 | 17 | | 6.7.2006 | Pt 64
(ss 194—203)—4.9.2006 ( |
2008 | 12 | | 8.5.2008 | Pt 4
(ss 33—71)—1.6.2009 ( |
2009 | 84 | | 10.12.2009 | Pt 129
(ss 292—297)—1.2.2010 ( |
2012 | 9 | | 19.4.2012 | Sch 2
(cll 15 & 16)—1.1.2013 ( |
2012 | 35 | | 27.9.2012 | 27.9.2012 |
2013 | 81 | | 5.12.2013 | Sch 1
(cl 5)—1.7.2014 ( |
2015 | 4 | | 2.4.2015 | 27.4.2015
( |
2016 | 29 | | 16.6.2016 | Pt 2
(ss 4—90) & Sch 2—4.7.2016 ( |
2016 | 57 | | 8.12.2016 | Pt 10 (ss 86—90)—8.12.2016: s 2(1) |
2017 | 5 | | 28.2.2017 | Pt 23
(ss 67 to 70)—19.3.2021 ( |
2017 | 41 | | 24.10.2017 | Pt 7 (s 13)—24.10.2017 |
2018 | 35 | | 22.11.2018 | Pt 15
(s 131)—31.1.2019 ( |
2019 | 25 | | 3.10.2019 | Pt 41 (ss 83 to 85)—3.10.2019: s 2(1) |
2019 | 46 | | 19.12.2019 | Pt 13
(ss 30 & 31)—1.5.2020 ( |
2021 | 25 | | 17.6.2021 | Pt 9
(ss 17 & 18)—9.9.2021 ( |
2023 | 41 | 7.12.2023 | Sch 1 (cl 1)—uncommenced |
• Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 9 of The Public General Acts of South Australia 1837-1975 at page 190.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement |
Pt 1 | heading inserted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| ||
| ||
| ||
| s 3 sentence commencing "In the construction" designated as s 3(1) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
amended by 29/2016 s 4(1) | 4.7.2016 | |
| inserted by 12/2008 s 33 | 1.6.2009 |
| inserted by 51/1979 s 3(a) | 3.5.1979 |
substituted by 9/1990 s 3 | 21.5.1990 | |
amended by 25/2019 s 83 | 3.10.2019 | |
| substituted by 56/1983 s 3 | 26.4.1984 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| amended by 11/1995 s 3 | 1.7.1995 |
amended by 29/2016 s 4(2), (3) | 4.7.2016 | |
| inserted by 29/2016 s 4(4) | 4.7.2016 |
| ||
| substituted by 51/1979 s 3(b) | 3.5.1979 |
amended by 33/2002 s 13(b) | 3.3.2003 | |
amended by 17/2006 s 194 | 4.9.2006 | |
amended by 4/2015 s 4(1) | 27.4.2015 | |
| ||
| inserted by 29/2016 s 4(5) | 4.7.2016 |
| substituted by 29/2016 s 4(5) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| inserted by 50/2000 Sch | 1.11.2001 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| inserted by 29/2016 s 4(6) | 4.7.2016 |
| substituted by 29/2016 s 4(6) | 4.7.2016 |
| substituted by 29/2016 s 4(6) | 4.7.2016 |
| amended by 29/2016 s 4(7) | 4.7.2016 |
| inserted by 29/2016 s 4(8) | 4.7.2016 |
| inserted by 4/2015 s 4(2) | 27.4.2015 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| ||
| inserted by 11/1994 s 3(a) | 8.9.1994 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| inserted by 4/2015 s 4(3) | 27.4.2015 |
| ||
| amended by 29/2016 s 4(2) | 4.7.2016 |
| inserted by 4/2015 s 4(4) | 27.4.2015 |
| substituted by 29/2016 s 4(9) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| inserted by 29/2016 s 4(10) | 4.7.2016 |
| amended by 29/2016 s 4(2), (11) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| amended by 29/2016 s 4(2) | 4.7.2016 |
| inserted by 4/2015 s 4(5) | 27.4.2015 |
| inserted by 29/2016 s 4(12) | 4.7.2016 |
| inserted by 4/2015 s 4(5) | 27.4.2015 |
| s 3 sentence commencing "The description" designated as s 3(2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| inserted by 29/2016 s 4(13) | 4.7.2016 |
| substituted by 81/2013 Sch 1 cl 5 | 1.7.2014 |
substituted by 41/2017 s 13 | 24.10.2017 | |
| inserted by 41/2017 s 13 | 24.10.2017 |
| ||
Pt 2 | ||
| amended by 13/1988 Sch 1 | 1.9.1988 |
Pt 3 | ||
| substituted by 51/1979 s 4 | 3.5.1979 |
| amended by 57/2016 s 86(1) | 8.12.2016 |
| amended by 57/2016 s 86(2) | 8.12.2016 |
| amended by 57/2016 s 86(3) | 8.12.2016 |
| substituted by 57/2016 s 86(4) | 8.12.2016 |
| substituted by 84/2009 s 292 | 1.2.2010 |
substituted by 57/2016 s 86(4) | 8.12.2016 | |
| ||
| ||
| ||
| ||
| ||
| ||
| substituted by 51/1979 s 4 | 3.5.1979 |
| ||
| inserted by 57/2016 s 87 | 8.12.2016 |
| ||
| ||
| amended by 12/2008 s 34 | 1.6.2009 |
| amended by 9/1990 s 4 | 21.5.1990 |
amended by 29/2016 s 6(1)—(4) | 4.7.2016 | |
amended by 57/2016 s 88 | 8.12.2016 | |
| ||
| amended by 51/1979 s 5(a) | 3.5.1979 |
amended by 20/1987 s 2 | 16.4.1987 | |
| inserted by 51/1979 s 5(b) | 3.5.1979 |
amended by 20/1987 s 2 | 16.4.1987 | |
| amended by 17/2006 s 195 | 4.9.2006 |
Pt 4 | ||
| s 25 I and II redesignated as s 25(a) and (b) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 11/1994 s 4 | 8.9.1994 |
amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
| amended by 9/1990 s 5 | 21.5.1990 |
| amended by 84/2009 s 295 | 1.2.2010 |
| amended and designated as subsections (1) and (2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 11/1994 s 5 | 8.9.1994 |
| amended by 51/1979 s 6 | 3.5.1979 |
| amended by 51/1979 s 7 | 3.5.1979 |
| amended by 29/2016 s 7 | 4.7.2016 |
| amended by 29/2016 s 8 | 4.7.2016 |
| amended by 17/2006 s 196 | 4.9.2006 |
amended by 29/2016 s 9(1), (2) | 4.7.2016 | |
Pt 5 | heading substituted by 9/1990 s 6 | 21.5.1990 |
Pt 5 Div 1 | heading inserted by 9/1990 s 6 | 21.5.1990 |
| substituted by 9/1990 s 7 | 21.5.1990 |
| ||
| amended by 29/2016 s 10, Sch 2 | 4.7.2016 |
| ||
| amended by 9/1990 s 9 | 21.5.1990 |
| inserted by 9/1990 s 10 | 21.5.1990 |
| amended by 29/2016 Sch 2 | 4.7.2016 |
Pt 5 Div 2 | inserted by 9/1990 s 11 | 21.5.1990 |
| amended by 29/2016 s 11, Sch 2 | 4.7.2016 |
(c), (d) and (f) deleted by 29/2016 Sch 2 | 4.7.2016 | |
| substituted by 29/2016 s 12 | 4.7.2016 |
Pt 5 Div 2A | inserted by 13/1992 s 3 | 18.2.1983 |
| ||
Pt 5 Div 3 | heading inserted by 9/1990 s 12 | 21.5.1990 |
| substituted by 9/1990 s 13 | 21.5.1990 |
substituted by 29/2016 s 13 | 4.7.2016 | |
| substituted by 9/1990 s 14 | 21.5.1990 |
amended by 29/2016 s 14(1), (2) | 4.7.2016 | |
| ||
| ||
| substituted by 29/2016 s 15 | 4.7.2016 |
| amended by 25/2019 s 84 | 3.10.2019 |
| ||
| substituted by 29/2016 s 15 | 4.7.2016 |
| ||
| ||
| ||
| ||
| ||
| ||
| substituted by 29/2016 s 16 | 4.7.2016 |
| inserted by 9/1990 s 17 | 21.5.1990 |
| ||
| s 57 amended and redesignated as s 57(1) by 4/2015 s 6(1)—(3) | 27.4.2015 |
| inserted by 4/2015 s 6(3) | 27.4.2015 |
| inserted by 4/2015 s 6(3) | 27.4.2015 |
amended by 29/2016 s 17 | 4.7.2016 | |
| ||
| ||
| s 59 amended and redesignated as s 59(1) by 29/2016 s 19(1)—(4) | 4.7.2016 |
| inserted by 29/2016 s 19(4) | 4.7.2016 |
| ||
| amended by 29/2016 s 20(1), (2), Sch 2 | 4.7.2016 |
| substituted by 35/2012 s 3 | 27.9.2012 |
| inserted by 29/2016 s 21 | 4.7.2016 |
| ||
| inserted by 11/1995 s 4 | 1.7.1995 |
Pt 6 | ||
| amended by 29/2016 s 22 | 4.7.2016 |
| ||
| s 69 I—IX redesignated as s 69(a)—(i) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
amended by 29/2016 s 24(1)—(7), Sch 2 | 4.7.2016 | |
(g) deleted by 46/2019 s 30 | 1.5.2020 | |
| amended by 51/1979 s 10 | 3.5.1979 |
amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
amended by 29/2016 s 25 | 4.7.2016 | |
Pt 7 | ||
| ||
| amended by 9/1990 s 19 | 21.5.1990 |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| amended by 29/2016 Sch 2 | 4.7.2016 |
| amended by 29/2016 Sch 2 | 4.7.2016 |
| inserted by 12/2008 s 37 | 1.6.2009 |
| ||
| ||
| ||
| ||
| ||
| ||
| ||
Pt 7A | ||
| substituted by 29/2016 s 27 | 4.7.2016 |
| ||
| amended by 84/2009 s 296 | 1.2.2010 |
| ||
| amended by 29/2016 s 28(1), (2) | 4.7.2016 |
| ||
| amended by 17/2006 s 197 | 4.9.2006 |
| ||
| amended by 12/2008 s 38 | 1.6.2009 |
amended by 29/2016 s 29 | 4.7.2016 | |
| amended by 29/2016 s 29 | 4.7.2016 |
Pt 8 | ||
| amended by 9/1990 s 22 | 21.5.1990 |
| amended by 29/2016 Sch 2 | 4.7.2016 |
| amended by 51/1985 s 3 | 12.9.1985 |
amended by 29/2016 s 30(1), (2), Sch 2 | 4.7.2016 | |
| amended by 11/1994 s 6 | 8.9.1994 |
| inserted by 51/1985 s 4 | 12.9.1985 |
| ||
| s 90 redesignated as s 90(1) by 51/1985 s 5 | 12.9.1985 |
| inserted by 51/1985 s 5 | 12.9.1985 |
| inserted by 32/1980 s 8 | 22.5.1980 |
substituted by 11/1994 s 7 | 8.9.1994 | |
substituted by 12/2008 s 39 | 1.6.2009 | |
| amended by 29/2016 s 31 | 4.7.2016 |
| inserted by 11/1994 s 7 | 8.9.1994 |
| amended by 12/2008 s 40(1), (2) | 1.6.2009 |
| substituted by 54/1994 s 3(a) | 15.9.1994 |
| inserted by 54/1994 s 3(a) | 15.9.1994 |
| ||
| amended by 5/2017 s 67 | 19.3.2021 |
| inserted by 11/1994 s 7 | 8.9.1994 |
| inserted by 12/2008 s 41 | 1.6.2009 |
Pt 9 | ||
| inserted by 4/2015 s 7 | 27.4.2015 |
| amended by 32/1980 s 9 | 22.5.1980 |
substituted by 9/1990 s 23 | 21.5.1990 | |
| amended by 4/2015 s 8(1), (2) | 27.4.2015 |
substituted by 29/2016 Sch 2 | 4.7.2016 | |
| amended by 4/2015 s 8(3) | 27.4.2015 |
| inserted by 4/2015 s 8(4) | 27.4.2015 |
| inserted by 35/2012 s 4 | 27.9.2012 |
amended by 4/2015 s 8(5) | 27.4.2015 | |
amended by 29/2016 s 32 | 4.7.2016 | |
| inserted by 35/2012 s 4 | 27.9.2012 |
| substituted by 9/1990 s 23 | 21.5.1990 |
amended by 4/2015 s 9 | 27.4.2015 | |
| substituted by 4/2015 s 10 | 27.4.2015 |
| inserted by 4/2015 s 10 | 27.4.2015 |
Pt 10 | ||
| amended by 51/1979 s 13 | 3.5.1979 |
substituted by 29/2016 s 33 | 4.7.2016 | |
| inserted by 12/2008 s 42 | 1.6.2009 |
| ||
| amended by 29/2016 s 35 | 4.7.2016 |
| ||
| ||
| ||
| amended by 29/2016 Sch 2 | 4.7.2016 |
| amended by 51/1979 s 14 | 3.5.1979 |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| amended by 51/1979 s 15 | 3.5.1979 |
amended by 29/2016 s 37, Sch 2 | 4.7.2016 | |
| ||
| amended by 9/1990 s 24 | 21.5.1990 |
amended by 46/2019 s 31 | 1.5.2020 | |
| ||
| ||
| amended by 29/2015 s 39 | 4.7.2016 |
| substituted by 12/2008 s 43 | 1.6.2009 |
Pt 11 | ||
| amended by 51/1979 s 16 | 3.5.1979 |
| amended by 29/2015 s 40(1), (2) | 4.7.2016 |
| inserted by 69/1987 s 3 | 1.8.1988 |
| substituted by 51/1979 s 17 | 3.5.1979 |
| amended by 29/2015 s 41 | 4.7.2016 |
| substituted by 12/2008 s 44 | 1.6.2009 |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| amended by 12/2008 s 45 | 1.6.2009 |
substituted by 29/2016 s 42 | 4.7.2016 | |
| amended by 51/1979 s 18 | 3.5.1979 |
| s 124(1) and (2) redesignated as s 124(a) and (b) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| s 125(1)—(3) redesignated as s 125(a)—(c) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 12/2008 s 46 | 1.6.2009 |
Pt 12 | ||
| amended by 51/1979 s 19 | 3.5.1979 |
substituted by 29/2016 s 43 | 4.7.2016 | |
| amended by 25/2021 s 17(1) | 9.9.2021 |
| inserted by 25/2021 s 17(2) | 9.9.2021 |
| inserted by 29/2016 s 43 | 4.7.2016 |
| ||
| amended by 29/2016 s 44(1)—(3) | 4.7.2016 |
| amended by 51/1979 s 20 | 3.5.1979 |
| inserted by 20/1985 s 4 | 18.11.1985 |
| amended by 12/2008 s 47(1) | 1.6.2009 |
amended by 29/2016 s 45(1) | 4.7.2016 | |
| amended by 12/2008 s 47(2) | 1.6.2009 |
amended by 29/2016 s 45(2) | 4.7.2016 | |
| substituted by 12/2008 s 47(3) | 1.6.2009 |
| amended by 12/2008 s 47(4) | 1.6.2009 |
| substituted by 68/1980 s 2 | 13.11.1980 |
| ||
| s 140 first sentence designated as s 140(1) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| s 140 second sentence designated as s 140(2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 11/1994 s 10 | 8.9.1994 |
| amended by 51/1979 s 21 | 3.5.1979 |
substituted by 9/1990 s 26 | 21.5.1990 | |
| amended by 29/2016 s 46(1), (2) | 4.7.2016 |
| amended by 29/2016 s 46(2) | 4.7.2016 |
| ||
| deleted by 51/1979 s 22 | 3.5.1979 |
inserted by 12/2008 s 49 | 1.6.2009 | |
| amended by 12/2008 s 50(1), (2) | 1.6.2009 |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| substituted by 116/1978 s 2 | 7.12.1978 |
| substituted by 20/1987 s 3(a) | 16.4.1987 |
| inserted by 20/1987 s 3(a) | 16.4.1987 |
| inserted by 20/1987 s 3(a) | 16.4.1987 |
| amended by 20/1987 s 3(b), (c) | 16.4.1987 |
| amended by 20/1987 s 3(b) | 16.4.1987 |
| ||
| inserted by 29/2016 s 47 | 4.7.2016 |
| ||
| ||
| amended by 12/2008 s 51(1), (2) | 1.6.2009 |
amended by 84/2009 s 297 | 1.2.2010 | |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| ||
| ||
| substituted by 51/1979 s 23 | 3.5.1979 |
| inserted by 29/2016 s 48 | 4.7.2016 |
Pt 13 | ||
| substituted by 51/1979 s 24 | 3.5.1979 |
| amended by 26/1992 s 9 | 6.7.1992 |
amended by 29/2016 s 49 | 4.7.2016 | |
| inserted by 29/2016 s 50 | 4.7.2016 |
| amended by 25/2021 s 18(1) | 9.9.2021 |
| inserted by 25/2021 s 18(2) | 9.9.2021 |
| inserted by 29/2016 s 50 | 4.7.2016 |
| ||
Pt 13A | inserted by 4/2015 s 11 | 27.4.2015 |
| ||
| ||
| amended by 29/2016 s 52 | 4.7.2016 |
amended by 5/2017 s 68 | 19.3.2021 | |
Pt 14 | ||
| amended by 51/1979 s 25 | 3.5.1979 |
| amended by 9/1990 s 27 | 21.5.1990 |
substituted by 29/2016 s 53 | 4.7.2016 | |
| amended by 51/1979 s 26 | 3.5.1979 |
amended by 29/2016 s 54(1)—(3) | 4.7.2016 | |
| inserted by 25/2019 s 85 | 3.10.2019 |
Pt 15 | ||
| amended by 12/2008 s 52(1)—(3) | 1.6.2009 |
substituted by 29/2016 s 55 | 4.7.2016 | |
| amended by 12/2008 s 53(1)—(3) | 1.6.2009 |
amended by 29/2016 s 56(1), (2), Sch 2 | 4.7.2016 | |
| amended by 9/1990 s 28 | 21.5.1990 |
amended by 29/2016 s 57(1), (2) | 4.7.2016 | |
| amended by 29/2016 s 58 | 4.7.2016 |
| ||
| substituted by 29/2016 s 59(1) | 4.7.2016 |
| ||
| s 169(2) second sentence designated as s 169(2a) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
amended by 29/2016 s 59(2) | 4.7.2016 | |
| amended by 12/2008 s 54 | 1.6.2009 |
substituted by 29/2016 Sch 2 | 4.7.2016 | |
| amended by 29/2016 s 59(3), (4) | 4.7.2016 |
| substituted by 29/2016 s 59(5) | 4.7.2016 |
| amended by 29/2016 s 59(6)—(8) | 4.7.2016 |
| amended by 29/2016 s 60(1)—(3) | 4.7.2016 |
| ||
| s 173 I—IV redesignated as s 173(a)—(d) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
s 173 amended and redesignated as s 173(1) by 29/2016 s 61(1), (2) | 4.7.2016 | |
| inserted by 29/2016 s 61(2) | 4.7.2016 |
| amended by 12/2008 s 55(1), (2) | 1.6.2009 |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| substituted by 9/1990 s 29 | 21.5.1990 |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| amended by 12/2008 s 56 | 1.6.2009 |
| amended by 17/2006 s 198 | 4.9.2006 |
| substituted by 9/1990 s 30 | 21.5.1990 |
amended by 12/2008 s 57 | 1.6.2009 | |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| ||
| ||
Pt 16 | ||
| ||
| s 191 amended by 51/1979 s 29 | 3.5.1979 |
s 191 amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
s 191 amended by 17/2006 s 199(1)—(5) | 4.9.2006 | |
s 191 amended by 4/2015 s 12 | 27.4.2015 | |
s 191 amended and redesignated as s 191(1) by 29/2016 s 62(1)—(6) | 4.7.2016 | |
| inserted by 29/2016 s 62(6) | 4.7.2016 |
Pt 17 | ||
| amended by 32/1980 s 10 | 22.5.1980 |
amended by 68/1980 s 3 | 13.11.1980 | |
amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
| amended by 32/1980 s 11 | 22.5.1980 |
| amended by 32/1980 s 12 | 22.5.1980 |
| amended by 32/1980 s 13 | 22.5.1980 |
| ||
Pt 18 | ||
| inserted by 56/1983 s 4 | 26.4.1984 |
| amended by 56/1983 s 5 | 26.4.1984 |
| ||
| amended by 56/1983 s 7 | 26.4.1984 |
amended by 57/2016 s 89 | 8.12.2016 | |
| amended by 56/1983 s 8 | 26.4.1984 |
amended by 33/2002 s 14 | 3.3.2003 | |
| inserted by 29/2016 s 63 | 4.7.2016 |
| s 213 I—VIII redesignated as s 213(a)—(h) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| substituted by 56/1983 s 9 | 26.4.1984 |
Pt 19 | ||
| amended by 51/1979 s 30 | 3.5.1979 |
amended by 23/1982 s 5 | 4.11.1982 | |
amended by 56/1983 s 10 | 26.4.1984 | |
amended by 9/1990 s 32 | 21.5.1990 | |
amended by 11/1994 s 11 | 8.9.1994 | |
amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
amended by 12/2008 s 59(1), (2) | 1.6.2009 | |
(k) deleted by 12/2008 s 59(3) | 1.6.2009 | |
amended by 29/2016 s 64(1)—(10) | 4.7.2016 | |
(c) and (m) deleted by 29/2016 Sch 2 | 4.7.2016 | |
| inserted by 4/2015 s 13 | 27.4.2015 |
| substituted by 4/2015 s 14 | 27.4.2015 |
| inserted by 29/2016 s 65 | 4.7.2016 |
| ||
| substituted by 17/2006 s 200 | 4.9.2006 |
Pt 19A | ||
| ||
| substituted by 51/1979 s 31 | 3.5.1979 |
| ||
| amended by 29/2016 s 66 | 4.7.2016 |
| substituted by 29/2016 Sch 2 | 4.7.2016 |
| amended by 29/2016 s 67(1), (2) | 4.7.2016 |
Pt 19AB | inserted by 23/1982 s 6 | 4.11.1982 |
Pt 19AB Div 1 | amended by 56/1983 s 11 | 1.7.1983 |
amended by 51/1985 ss 6, 7 | 12.9.1985 | |
amended by 13/1988 Sch 1 | 1.9.1988 | |
amended by 32/1990 s 3 | 2.8.1990 | |
amended by 23/1992 s 3 | 21.5.1992 | |
amended by 54/1993 s 12(a)—(f) | 15.1.1994 | |
substituted by 11/1994 s 12 | 1.9.1995 | |
| ||
| ||
| amended by 38/1996 s 24(a)—(c) | 4.11.1996 |
| ||
| amended by 38/1996 s 24(d) | 4.11.1996 |
| inserted by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999 |
substituted by 33/2002 s 15 | 28.1.2000 | |
| inserted by 12/2008 s 60(1) | 1.6.2009 |
amended by 5/2017 s 69(2) | 19.3.2021 | |
| amended by 38/1996 s 24(e) | 4.11.1996 |
amended by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999 | |
amended by 9/2012 Sch 2 cl 15(1) | 1.1.2013 | |
| inserted by 5/2017 s 69(3) | 19.3.2021 |
| inserted by 12/2008 s 60(2) | 1.6.2009 |
amended by 5/2017 s 69(4) | 19.3.2021 | |
| inserted by 9/2012 Sch 2 cl 15(2) | 1.1.2013 |
| amended by 12/2008 s 60(3) | 1.6.2009 |
| amended by 12/2008 s 60(4)—(6) | 1.6.2009 |
| inserted by 29/2016 s 68 | 4.7.2016 |
| ||
| amended by 12/2008 s 61(1) | 1.6.2009 |
| amended by 12/2008 s 61(2), (3) | 1.6.2009 |
| amended by 38/1996 s 25(a), (b) | 4.11.1996 |
| ||
| inserted by 38/1996 s 25(c) | 4.11.1996 |
Pt 19AB Div 2 | amended by 56/1983 s 12 | 1.7.1983 |
amended by 51/1985 ss 8, 9 | 12.9.1985 | |
amended by 9/1990 s 33 | 21.5.1990 | |
amended by 54/1993 s 12(g), (h) | 15.1.1994 | |
substituted by 11/1994 s 12 | 1.9.1995 | |
| ||
| substituted by 29/2016 s 69 | 4.7.2016 |
| (c) deleted by 12/2008 s 62(1) | 1.6.2009 |
| amended by 12/2008 s 62(2) | 1.6.2009 |
| inserted by 12/2008 s 62(3) | 1.6.2009 |
amended by 5/2017 s 70 | 19.3.2021 | |
| amended by 12/2008 s 62(4) | 1.6.2009 |
| inserted by 12/2008 s 63 | 1.6.2009 |
| ||
| amended by 12/2008 s 64 | 1.6.2009 |
| ||
| amended by 9/2012 Sch 2 cl 16(1), (2) | 1.1.2013 |
| ||
| substituted by 12/2008 s 65(1) | 1.6.2009 |
| inserted by 12/2008 s 65(2) | 1.6.2009 |
Pt 19AB Div 3 | amended by 51/1985 ss 10—14 | 12.9.1985 |
amended by 32/1990 s 4 | 2.8.1990 | |
amended by 23/1992 s 4 | 21.5.1992 | |
deleted by 54/1993 s 12(i) | 15.1.1994 | |
inserted by 11/1994 s 12 | 1.9.1995 | |
| ||
| substituted by 38/1996 s 26(a) | 4.11.1996 |
| amended by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999 |
amended by 33/2002 s 16 | 28.1.2000 | |
| amended by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999 |
| ||
| ||
| amended by 29/2016 s 70 | 4.7.2016 |
(c) deleted by 29/2016 Sch 2 | 4.7.2016 | |
| ||
| ||
| ||
| ||
| ||
| ||
| ||
Pt 19AB Div 5 | ||
| ||
| ||
| ||
Pt 20 | ||
| ||
| amended by 29/2016 s 71 | 4.7.2016 |
| ||
| substituted by 29/2016 s 72 | 4.7.2016 |
amended by 57/2016 s 90 | 8.12.2016 | |
| amended by 59/1994 Sch 2 | 1.1.1995 |
amended by 29/2016 s 73(1), (2) | 4.7.2016 | |
| ||
| ||
| substituted by 4/2015 s 15 | 27.4.2015 |
| substituted by 29/2016 s 74 | 4.7.2016 |
| inserted by 29/2016 s 74 | 4.7.2016 |
| inserted by 4/2015 s 15 | 27.4.2015 |
| amended by 29/2016 s 75(1) | 4.7.2016 |
| amended by 29/2016 s 75(2) | 4.7.2016 |
| amended by 29/2016 s 75(3) | 4.7.2016 |
| amended by 29/2016 s 75(4) | 4.7.2016 |
| amended by 29/2016 s 75(5) | 4.7.2016 |
| amended by 29/2016 s 75(6) | 4.7.2016 |
| inserted by 29/2016 s 75(7) | 4.7.2016 |
| inserted by 29/2016 s 76 | 4.7.2016 |
| amended by 9/1990 s 37 | 21.5.1990 |
amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
amended by 29/2016 s 77(1)—(6), Sch 2 | 4.7.2016 | |
| ||
| amended by 59/1994 Sch 2 | 1.1.1995 |
Pt 20A | inserted by 29/2016 s 78 | 4.7.2016 |
Pt 21 | ||
| amended by 62/1982 s 3(10) (Sch Pt 10) | 4.11.1982 |
substituted by 51/1985 s 20 | 12.9.1985 | |
| amended by 51/1985 s 21 | 12.9.1985 |
amended by 13/1988 Sch 1 | 1.9.1988 | |
amended by 9/1990 s 38 | 21.5.1990 | |
amended by 38/1996 s 30 | 4.11.1996 | |
| amended by 11/1994 s 14 | 8.9.1994 |
| substituted by 11/1994 s 15 | 8.9.1994 |
| amended by 29/2016 s 79(1)—(3) | 4.7.2016 |
| amended by 29/2016 s 80 | 4.7.2016 |
| amended by 29/2016 Sch 2 | 4.7.2016 |
| ||
| s 249 first sentence designated as s 249(1) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| s 249 second sentence designated as s 249(2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| amended by 9/1990 s 39 | 21.5.1990 |
amended by 29/2016 Sch 2 | 4.7.2016 | |
| inserted by 64/1999 s 8(b) | 1.1.2000 |
| amended by 29/2016 Sch 2 | 4.7.2016 |
(c) deleted by 29/2016 Sch 2 | 4.7.2016 | |
| ||
| substituted by 29/2016 s 81 | 4.7.2016 |
| ||
| amended by 17/2006 s 202 | 4.9.2006 |
| substituted by 11/1995 s 6 | 1.7.1995 |
| substituted by 29/2016 s 82 | 4.7.2016 |
| ||
| substituted by 11/1995 s 6 | 1.7.1995 |
amended by 29/2016 s 83(1)—(3) | 4.7.2016 | |
| ||
| amended by 29/2016 s 84 | 4.7.2016 |
| ||
| s 273(2) amended and redesignated as s 273(1) by 56/1983 s 14 | 26.4.1984 |
substituted by 29/2016 s 85(1) | 4.7.2016 | |
| inserted by 4/2015 s 17 | 27.4.2015 |
| inserted by 56/1983 s 14(b) | 26.4.1984 |
substituted by 29/2016 s 85(2) | 4.7.2016 | |
| inserted by 56/1983 s 14(b) | 26.4.1984 |
| inserted by 29/2016 s 85(3) | 4.7.2016 |
| inserted by 29/2016 s 86 | 4.7.2016 |
| inserted by 4/2015 s 18 | 27.4.2015 |
| substituted by 29/2016 s 87(1) | 4.7.2016 |
| amended by 29/2016 s 87(2) | 4.7.2016 |
| inserted by 29/2016 s 87(3) | 4.7.2016 |
| substituted by 29/2016 s 87(4) | 4.7.2016 |
| inserted by 29/2016 s 88 | 4.7.2016 |
| ||
| amended by 51/1979 s 32 | 3.5.1979 |
s 274 redesignated as s 274(1) by 56/1983 s 15 | 26.4.1984 | |
amended by 12/2008 s 68 | 1.6.2009 | |
| inserted by 56/1983 s 15 | 26.4.1984 |
amended by 12/2008 s 68 | 1.6.2009 | |
| substituted by 51/1979 s 33 | 3.5.1979 |
| inserted by 29/2016 s 89 | 4.7.2016 |
| ||
| ||
| ||
| substituted by 29/2016 s 90 | 4.7.2016 |
| amended by 35/2018 s 131(1) | 31.1.2019 |
| inserted by 35/2018 s 131(2) | 31.1.2019 |
| substituted by 35/2018 s 131(2) | 31.1.2019 |
Sch 1 | ||
| inserted by 11/1994 s 16 | 8.9.1994 |
| inserted by 11/1994 s 16 | 1.9.1995 |
Sch 2 | amended by 9/1990 s 41 | 21.5.1990 |
Sch 5 | amended by 11/1994 s 17 | 8.9.1994 |
heading substituted by 12/2008 s 70 | 1.6.2009 | |
Sch 6 | deleted by 51/1979 s 35 | 3.5.1979 |
inserted by 51/1985 s 22 | 12.9.1985 | |
heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 | |
amended by 12/2008 s 71(1), (2) | 1.6.2009 | |
Sch 17 | heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003 |
| ||
Reprint No 1—15.11.1991 |
Reprint No 2—21.5.1992 |
Reprint No 3—6.7.1992 |
Reprint No 4—18.2.1993 |
Reprint No 5—15.1.1994 |
Reprint No 6—15.9.1994 |
Reprint No 7—1.1.1995 |
Reprint No 8—1.7.1995 |
Reprint No 9—1.9.1995 |
Reprint No 10—4.11.1996 |
Reprint No 11—29.7.1999 |
Reprint No 12—1.1.2000 |
Reprint No 13—23.10.2000 |
Reprint No 14—14.6.2001 |
Reprint No 15—1.11.2001 |
Reprint No 16—28.11.2002 |
Reprint No 17—3.3.2003 |
Reprint No 18—24.11.2003 |
1.7.2006 |
4.9.2006 |
1.6.2009 |
1.2.2010 |
27.9.2012 |
1.1.2013 |
1.7.2014 |
27.4.2015 |
4.7.2016 |
8.12.2016 |
24.10.2017 |
31.1.2019 |
3.10.2019 |
1.5.2020 |
19.3.2021 |
9.9.2021 |
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