Real Property Act Amendment Act 1976 (Qld)

203 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE BEGIN AE No. 27 of 1976 An Act to provide for the registration and the validation of the registration of certain plans of subdivision of land in the office of the Registrar of Titles and to amend the Real Property Act 1861-1974 in certain particulars [ASSENTED TO 22ND APRIL, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may' be cited as the Real Property Act Amendment Act 1976. 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART 1I-VALIDATION AND AUTHORIZATION OF REGISTRATION OF CERTAIN PLANS AND DEALINGS; PART 111-AMENDMENT OF REAL PROPERTY ACT 1861-1974.

204 Real Property Act Amendment Act 1976, No. 27 PART II-VALIDATION AND AUTHORIZATION OF REGISTRATION OF CERTAIN . PLANS AND DEALINGS 3. Meaning of terms . In this Part, unless the contrary intention appears- " local authority " means a local authority under the Local Government Act 1936-1975 and includes the City of Brisbane as constituted under the City ofBrisbaneAct1924-1974; " Registrar of Titles " means the Registrar of Titles for the time being appointed under the Real Property Act 1861-1974 including a local deputy Registrar of Titles. 4. Authority to register plans of subdivision in absence of Local Authority approval . Where there is lodged or, at any time prior to the commencement of this Act, has been lodged in the office of the Registrar of Titles a plan of subdivision of land that at the time of such lodgment is not or was not in the Area of a'Local Authority it shall be lawful and it is hereby declared always has been lawful for the Registrar of Titles to register that plan and to register any instrument dealing with land included in a subdivision evidenced.by. that plan notwithstanding that the approval of a Local Authority has not been given to that plan and notwithstanding a provision to the contrary of any Act passed prior to the commencement of this Act. 5. Application of s. 4 to plan withdrawn and re - entered. (1) Where a plan of 'subdivision of land tieing one to which section 4 refers- (a) is lodged or, at any time prior to the commencement of this Act, has been lodged'in the office of the Registrar of Titles; and (b) subsequent to its lodgment, is or has been withdrawn from registration arid.' re-entered for registration in that office to secure the proper order of priority of that plan of subdivision in relation to other documents lodged or to be lodged in that office, then, for the purpose of applying section 4,, the time, of lodgment of the plan in the office of the Registrar of Titles shall be taken to be the time of its initial lodgment in that office. ~(2) Save as is pre'sc'ribed by subsection (1), where a plan of subdivision of land is or, at any time prior to the commencement of this Act, has been withdrawn from registration and re-entered for registration in the office of the Registrar of Titles the time of lodgment of the plan shall, for the purpose of section 4, be taken to be the time of its re-entry for registration. PART 111-AMENDMENT OF REAL PROPERTY ACT 1861-1974 6. Citation . (1) In this Part the Real Property Act 1861-1974° is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1861-1976. 7. Amendment of s. 12 . Section 12 of the Principal Act is amended by- (a) omitting the words " with the advice of the Executive Council and substituting the words " in Council ";

Real Property Act Amendment Act 1976, No. 27 205 (b) omitting the word " Colony " and substituting the word " State (c) omitting the word " Registrar-General " and substituting the words " Registrar of Titles 8. Amendment of s. 13. Section 13 of the Principal Act is amended by omitting the words " an Attorney " and substituting the words " a Solicitor ". 9. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- " 13A. Appointment of Deputy Masters of Titles. (1) It shall be lawful for the Governor in Council by commission under his hand and the seal of the State to appoint such and so many persons as he thinks necessary for the effectual administration of this Act each of whom shall be styled " Deputy Master of Titles ". (2) A person shall be eligible for appointment as a Deputy Master of Titles if he is eligible for appointment as The Master of Titles. (3) A Deputy Master of Titles shall have and may exercise and perform, as delegate of The Master of Titles, such of the powers, duties and functions conferred by this Act upon The Master of Titles as The Master of Titles from time to time by instrument signed by him directs. (4) The exercise or performance of a power, duty or function conferred upon The Master of Titles by this Act by a Deputy Master of Titles as delegate of The Master of Titles shall be taken to have been duly directed by The Master of Titles, shall not be questioned in that regard and shall have such force and effect as if The Master of Titles had exercised or performed that power, duty or function.". 10. Repeal of and new s. 41. The Principal Act is amended by repealing section 41 and substituting the following section:- 41. Percentage in the dollar to be levied for assurance of title. (1) Upon- (a) the first bringing of land under the provisions of this Act by the alienation thereof in fee from the Crown; or (b)_the registration of the title to land under the provisions of this Act derived through the will or intestacy of a previous proprietor (save where that proprietor died on or after the twenty-fifth day of September 1975 and his spouse is beneficially entitled to the whole of his interest in that land by virtue of the will or intestacy); or (c) an application under Part I I I of The Real Property Acts Amendment Act of 1952 for a title by possession, there shall be paid to the Registrar of Titles such amount based on the value of the land as may from time to time be prescribed by the Governor in Council by Order in Council. (2) For the purposes of assessing the amount payable under the provisions of subsection (1) the value of the land shall- (a) in respect of land referred to in paragraph (a) of subsection (1) be the price paid therefor;

206 Real Property Act Amendment Act 1976, No. 27 (b) in all other cases, be ascertained by the oath or solemn affirmation of the applicant or person deriving the land by transmission. Notwithstanding the foregoing, the Registrar of Titles may require a person referred to in paragraph (b) of this subsection to produce a certificate of value under the hand of a valuer registered under the provisions of the Valuers Registration Act 1965-1974 which certificate shall be conclusive evidence of the value for the purposes of this section.". 11. Amendment of s. 119. Section 119 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (3A) Where, in respect of a plan lodged for registration, the Registrar of Titles is satisfied that the plan has been lodged within the time prescribed by section 34 (6) or 34 (8) of the Local Government Act 1936-1975 and subsequent to its lodgment, the plan is or has been withdrawn from registration and re-entered for registration in that office to secure the proper order of priority of that plan of subdivision in relation to other documents lodged or to be lodged in that office then on the occasion of such re-entry it may be taken, and it is hereby declared always could be taken, by the Registrar of Titles that such plan had been lodged within such prescribed time notwithstanding such withdrawal and the concluding provisions of section 113 (2).".