Real Property Act 1940 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 16 of 1940.

I	AN ORDINANCE
I	To amend the Real Property Ordinance 1925-1938

and for other purposes.*

BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, with the advice of the Federal	Seat of Government Acceptance Act 1909-1938 and the Seat of
Government (Administration) Act 1910-1940, as follows: —

1.— (1.) This Ordinance may be cited as the Real Property siiort title

Ordinance 1940.	and citatlon-
(2.) The Real Property Ordinance 1925-1938 is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Real Property Ordinance 1925-1940.

2.   Section forty-seven A of the Principal Ordinance is uegistration

-, -, of dealings

a m e n d e d with mortgages,

(a) by inserting in sub-section (1.), after the word "sub- lease" (first occurring), the words ", or a sub-lease granted by a lessee other than a Crown lessee, or by a sub-lessee,"; and

(b) by omitting from that sub-section the words "respec- tively so transferred or mortgaged ", and inserting in their stead the words " so dealt with ".

3. After section seventy-two of the Principal Ordinance the following section is inserted in Part IX.:—

" 7 2 A . — (1.) Notwithstanding anything contained in any variation of

735.—PMCB 3D.

Ordinance, in any case where it would be lawful for the Minister, Shun'™
whether with the consent of any other person or not, upon the m»ybe uaed

surrender of an existing Crown lease, to grant to the former lessee a Crown lease of the same land for purposes different from those specified in the surrendered lease, the Minister may issue a certifi- cate of variation of the purposes of the lease in accordance with the form in the Twenty-first Schedule.

"(2.) Upon lodgment with the Registrar of a certificate issued under the last preceding sub-section—

(a) signed by the lessee, and by every person appearing from the Register Book to have any estate or interest in the land, as evidence of acceptance of the varia- tion; and

* Notified in the Commonwealth Ouzettc on 8th August, 1940.

(b) if the case is one in which the consent of any person would be necessary to the issue of a new lease in the manner described in the last preceding sub-section, signed by tha t person as evidence of his consent to the variation,

together with the duplicate lease or certificate of ti t le, the Regis-

t r a r shall endorse on the folium of the Register Book constituted	I
by the lease or the certificate of title relat ing to the land, and on the duplicate lease or certificate of title, a memorandum stating, in accordance with the certificate, t he var ia t ion which has been made in the purposes for which the land may be used.

" (3 . ) Upon the ent ry in the Register Book of the memorandum

referred to in the last preceding sub-section, the purposes for which the leased land may be used shall be deemed to have been varied in accordance with the memorandum.

" (4 . ) F o r the purposes of this section ' M i n i s t e r ' means the

Minister of State for the time being adminis ter ing the Ordinance in pursuance of which the lease was granted, and includes any person duly authorized to exercise the powers and functions of the Minister under that Ordinance.".

Lease mey be 4 . Section eighty -six of the Pr inc ipa l Ordinance is amended by

bŷ ndoreement omitt ing the proviso to sub-section	(2.) and insert ing in its stead
?issneedand	the following proviso :—
V6330r
"Provided that, where the Commonwealth is the lessor, the endorsement may be signed by the Minister of State for the time being administering the Ordinances relating to the leasing of Crown land in the Territory, and that signature shall constitute and be evidence of the acceptance by the Commonwealth of the surrender.".
Amendment
of the	5. The Eighteenth Schedule to the Principal Ordinance is
Eighteenth	amended by inserting, after the item beginning "Registering
Schedule.	memorandum of lease " the following item:—

" Entering memorandum of variation of pur-

poses of lease . . . . . . . . 0 10 0 "

The Twentieth	6. After the Twentieth Schedule to the Principal Ordinance,
Schedule.	the following Schedule is added:—

" T H E TWENTY-FIRST SCHEDULE.

Section 72.\.

AUSTRALIAN CAPITAL TKRHITOKY.

Real Property Ordinance 1925-1940.

CERTIFICATE OF VARIATION OF PURPOSES OF LEASE.

I, , the Minister of State for the time being

administering the Ordinance , (or a person duly authorized to exercise the powers and functions of the Minister administering the Ordinance , as the case may be) hereby certify that I have

agreed to the variations specified hereunder in the purposes for which the land comprised in the lease specified hereunder (or part thereof) may be used by the lessee: —

Name of Registered Proprietor

Register Book Vol.	Fol.
Short Description of Land affected
Purposes for which land could formerly be used Purposes for which land may hereafter be used
Signed by the said	]
in the presence of—	(Signature of Minister or authorized person.)
I	, the lessee above-mentioned,* hereby certify

tha t I agree to the variations set out above.

Signed at	, in my presence, by the
said	, who is personally known to me.

(The instrument must be signed or acknowledged by the lessee in the manner required in the case of a transferor in a memorandum of transfer of lease in accordance with the Fifth Schedule.)."

* A similar form of consent should be added in respect of every person appearing from the Register Book to have any estate or interest in the land, or whose consent would be necessary to the issue of a new lease for the varied purposes.

7. Where, prior to the commencement of this Ordinance, an validation of endorsement upon a lease granted by the Commonwealth, or upon surrender of the counterpart thereof, indicating the surrender of the lease, has

been signed by a Minister of State as evidence of the acceptance of the surrender, the endorsement shall be deemed to have been signed by the lessor as evidence of the acceptance of the surrender, and any memorandum made by the Eegistrar of Titles in the Register Book recording the date of the surrender shall be deemed to have been duly made and to have been effective to revest the land in the Federal Capital Commission (if the Federal Capital Commission was subsisting at the date on which the entry of the memorandum was made) or in the Commonwealth.

8. Section seven of the Seat of Government {Administration) Repeal.

Ordinance 1930-1939 is repealed.

Dated this seventh day of August, 1940.

GOWRIE

Governor-General.

By His Excellency's Command,

W. M. HUGHES

for and on behalf of Minister of State for

the Interior.

By Authori ty: L. F . JOHNSTON, Commonwealth Government Printer, Canberra.