Real Property Act 1975 (ACT)

No. 33 of 1975

AN ORDINANCE

To amend the Real Property Ordinance 1925-1972.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1 9 1 0 - 1 9 7 3 .

Dated this second day of October, 1 9 7 5 .

JOHN R. KERR Governor-General.

By His Excellency's Command,

KEP. ENDERBY

Attorney-General.

R E A L PROPERTY ORDINANCE 1975

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

1 9 7 5 . *

( 2 ) The Real Property Ordinance 1 9 2 5 - 1 9 7 2 f 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 1 9 2 5 - 1 9 7 5 .

2. This Ordinance shall come into operation on a date to be fixed by the Minister of State for the Capital Territory by notice published in the Gazette.

and N o . 11, 1972.

3.   Section 14 of the Principal Ordinance is amended—

(a)	by omitting from paragraph (l)(e) the words "fraud or improper dealing." and substituting the words " fraud or improper dealing; a n d " ; and
(b)	by adding at the end of sub-section (1) the following paragraph:—

" ( f ) he may, without erasing or rendering illegible the

original measurements, alter—

(i)   grants, certificates of title, the Register Book and entries made therein; and

* Notified in the Australian Government Gazette on 7 October 1975.

t 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; No. 14, 1934; N o . 15, 1936; No. 27, 1937; Nos. 15, 25 and 35, 1938; No. 16, 1940; N o . 15,

1942; No . 9, 1951; N o . 16, 1956; N o . 12, 1957; N o . 7, 1961; N o . 6, 1963; N o . 46, 1967; N o . 9, 1969; N o . 6, 1970;

(ii)   any maps, plans, documents and instruments deposited or lodged with him, whether under this or any other Ordinance,

so as to express in metric units, to the third decimal place, any measurements contained therein that are expressed in imperial units.".

4. Section 45 of the Principal Ordinance is amended by omitting from sub-section (3) the words " one acre " and substituting the words " 5,000 square metres ".

5.   Section 64 of the Principal Ordinance is amended—

(a) by omitting sub-sections (2), (3), (4) and (5) and substituting the following sub-sections:—

" ( 1 A ) A map or plan deposited in accordance with sub-section (1) shall be in a form approved by the Registrar.

" (2) If the land or the portion thereof proposed to

be transferred or dealt with is of an area not exceeding

5,000 square metres, the map or plan shall be on a scale

of not less than 1 to 2,000.
" (3) If the land or the portion thereof proposed to be transferred or dealt with is of an area exceeding 5,000 square metres but not exceeding two hectares, the map or plan shall be on a scale of not less than 1 to 4,000.
" (4) If the land or the portion thereof proposed to be transferred or dealt with is of an area exceeding 2 hectares but not exceeding 30 hectares, the map or plan shall be on a scale of not less than 1 to 8,000.
" (5) If the land or the portion thereof proposed to be

transferred or dealt with is of an area exceeding 30

hectares, the map or plan shall be on a scale of 1 to
20,000. ";
(b)	by omitting from sub-section (6) the words " Common­ wealth Surveyor-General or by an officer appointed by him " and substituting the words " Surveyor-General for Aus­ tralia, or an officer appointed by h i m " ; and
(c)	by omitting sub-section ( 7 ) .

6. Section 97 of the Principal Ordinance is amended by omitting from sub-section (2) the words "within three miles" and substituting the words " within 5 kilometres ".

7. The First Schedule to the Principal Ordinance is amended by omitting the words " number of acres" and substituting the words " number of hectares ".

8. The Eighteenth Schedule to the Principal Ordinance is amended

by omitting item 5 and substituting the following item:—

" 5 | For each page of a certified copy under section 65 . . . . . . | 0 .40" .

9. The Principal Ordinance is amended as set out in the Schedule.

SCHEDULE Section 9

Amendments of the Principal Ordinance

Provision amended Omit—

The Fourth Schedule	. .	containing [area in acres, roods and perches],
The Fifth Schedule	. .	containing [area in acres, roods and perches].
The Sixth Schedule	. .	containing [area in acres, roods and perches]
The Eighth Schedule	containing [acres, roods and perches],
The Ninth Schedule	. .	containing [area in acres, roods and perches],
The Tenth Schedule	containing [area in acres, roods and perches],

The Eleventh Schedule . . . . containing [area, in acres, roods and perches],