Real Property Act 1967 (ACT)

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REAL PROPERTY

No. 46 of 1967

An Ordinance to amend the Real Property

Ordinance 1925-1963.

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

Ordinance 1967.*

(2.) The Real Property Ordinance 1925-1963 is in this

Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordi­

nance, may be cited at the Real Property Ordinance 1925-1967.

2 . This Ordinance shall come into operation on the day on

which the Surveyors Ordinance 1967 comes into operation.

3 . Section 13 of the Principal Ordinance is repealed.

4.—(1.) Section 64 of the Principal Ordinance is

amended—

(a) by omitting from sub-section (1.) the words " licensed surveyor " and inserting in their stead the words " registered surveyor under the Sur­ veyors Ordinance 1967 "; and

(b) by omitting from sub-section (6.) the words " Surveyor-General and Chief Property Officer of the Department of the Interior " and inserting in their stead the words " Commonwealth Surveyor- General ".

(2.) Where before the date of the commencement of this Ordinance land was surveyed or in course of being surveyed by a person who was specially licensed to practise as a surveyor under the Principal Ordinance, a map or plan of the land shall be deemed to be duly certified for the purposes of section 64 of the Principal Ordinance, as amended by this Ordinance, if it is certified by that person.

* Made on 14 December 1967; notified in the Commonwealth Gazette on 20 December 1967.

Ordinance N o . 1, 1925, as amended by N o . 12, 1925; N o . 8, 1926; Nos . 15 and 21, 1927;
N o . 19, 1930; Nos . 26 and 34, 1933; N o . 14, 1934; N o . 15, 1936; N o . 27, 1937; Nos . 15, 25 and 35,

1938; N o . 16, 1940; N o . 15, 1942; N o . 9, 1951; N o . 16, 1956; N o . 12, 1957; N o . 7, 1961; and N o . 6,

1963.

The date fixed under section 2 of the Surveyors Ordinance 1967 for the commencement of that

Ordinance was 20 December 1967; see Commonwealth Gazette 20 December 1967, p. 6940.

5. The Eighteenth Schedule to the Principal Ordinance is amended by omitting the table of fees set out there in and insert- ing in their stead the following table of fees:—

FEES PAYABLE TO THE REGISTRAR

Item

Matter Fee
$

No.

1         On lodging a grant for registration under section 17 of this Ordi-

nance 2.00
2 For issuing a certificate of title 5.00

And, where more than one plan or diagram is endorsed on the certificate or one plan or diagram of a piece of land that is not rectangular in shape is endorsed on the certificate, such additional fee (if any), not exceeding $10.00, as the Registrar directs to be paid.

i For a general search 1.00
4 For a search 0.50
5 For every certified copy under section 65 of this Ordinance, per folio
of seventy-two words 0.20

And, if a plan or diagram is included in the certified copy, such fee, not being less than $1.00 or more than $10.00, as the Registrar directs to be paid.

6

On lodging for registration a memorandum of transfer of an estate in fee simple or Crown lease, for each $200 or part of $200 of the value of the land transferred

2.00

7 On depositing any map or plan 4.00
8 On lodging for registration, entry or notation any other instrument,
notice, document or matter 2.00

Or, if the instrument, notice, document or matter purports to deal

with or affect land contained in more than one grant, certificate

of title or other instrument—

(a) for the first memorial, entry or notation 2.00
(b) for each memorial, entry or notation after the first 0.50
6. The Principal Ordinance is amended as set out in the

Schedule to this Ordinance.

T H E S C H E D U L E Section 6.

AMENDMENTS IN RELATION TO DECIMAL CURRENCY

Provisions amended Omit— Insert—
Section 15 (1.) One hundred pounds Two hundred dollars
Section 67(2.) Fifty pounds One hundred dollars
Section 87 (4.) One hundred pounds Two hundred dollars
Section 138B. . One pound Two dollars
Section 141 (1.) One pound Two dollars
T H E SCHEDULE—continued
Provisions amended Omit— Insert—
Section 165 (1.) Five hundred pounds One thousand dollars
The First Schedule Fifty pounds One hundred dollars
£ 1 0 0 $2 .00
The Second Schedule . . Fifty pounds One hundred dollars
The Fourth Schedule . . pounds, paid , paid
Fifty pounds One hundred dollars
The Fifth Schedule pounds, paid , paid
Fifty pounds One hundred dollars
The Sixth Schedule Fifty pounds One hundred dollars
The Eighth Schedule . . pounds, payable , payable
Fifty pounds One hundred dollars
The Ninth Schedule . . pounds, lent , lent
pounds on on
pounds. dollars,
by the one hundred pounds by the one hundred dollars
pounds, and , and
Fifty pounds One hundred dollars
pounds, being , being
The Tenth Schedule . . pounds to be to be
Fifty pounds One hundred dollars
The Eleventh Schedule pounds, paid , paid
Fifty pounds One hundred dollars
The Fifteenth Schedule Fifty pounds One hundred dollars
The Sixteenth Schedule pounds sterling; also ; also
The Twenty-second : : ) ( )

Schedule

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