Real Property Act Amendment Act 1981 (Qld)

291 C unnsltnb ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 43 of 1981 An Act to amend the Real Property Act 1861-1980 in certain particulars [ASSENTED TO 12TH JUNE, 19811

292 Real Property Act Amendment Act 1981, No. 43 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:- 1. Short title and citation . (1) This Act may be cited as the Real Property Act Amendment Act 1981. (2) The Real Property Act 1861-1980 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Real Property Act 1861-1981. 2. Commencement . (1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by Proclamation. (2) This section and section I shall come into operation on the date on which this Act is assented to for and on behalf of the Crown. 3. Amendment of s. 13. Master of Titles shall be a Barrister - at-law or an Attorney of the Supreme Court. Section 13 of the Principal Act is amended by in the note appearing in and at the beginning of the section omitting the words " an Attorney " and substituting the words " a Solicitor ". 4. Repeal of and new , s. 94. Upon surrender of existing grants or certificates of title the proprietor may obtain a single certificate for all the land included therein . The Principal Act is amended by repealing section 94 and substituting the following section:- _ " 94. Registrar of Titles may issue new certificates . (1) Upon the application of a registered proprietor of land and upon his delivering up the grant or grants, certificate or certificates of title for the land the Registrar of Titles may issue to such proprietor- (a) where the land comprises separate parcels of land that- (i) are contiguous; (ii) have separate descriptions; and (iii) are held under separate grants or certificates of title, a single certificate of title containing all those parcels; (b) where the land comprises separate parcels of land that- (i) are contiguous; (ii) have separate descriptions; and (iii) are held under separate grants or certificates of title, certificates of title each containing such number of those parcels as the Registrar of Titles thinks fit; (c) where the land comprises separate parcels of land that- (i) are contiguous; (ii) have separate descriptions; and (iii) are held under one grant or certificate of title, certificates of title each containing such number of those parcels as the Registrar of Titles thinks fit; or

Real Property Act Amendment Act 1981, No. 43 293 (d) where the land is held under one grant or certificate of title and- (i) the Registrar of Titles is of the opinion that the grant or certificate is incapable of containing, with convenience, any further endorsement; or (ii) there is insufficient space on the grant or certificate of title to allow for future dealings that are anticipated by the registered proprietor to be endorsed thereon, a single certificate of title (with or without additional sheets). (2) Where the Registrar of Titles issues a certificate of title pursuant to subsection (1) he shall have regard to the descriptions and plans of the parcels of land required by this Act to be delineated on the certificate. Upon the issue of the certificate the Registrar shall cancel the grant or previous certificate of title delivered up, either wholly or in part, and shall endorse on that grant or previous certificate a memorandum setting forth the occasion of such cancellation which memorandum shall contain a reference to the certificate issued in lieu of that -rant or previous certificate.". 5. Amendment of s. 119 . When new certificate of title to issue in respect of subdivisions of land. Section 119 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsections :- (1) Any proprietor subdividing land under the provisions of this Act shall lodge for registration with the Registrar of Titles a plan of the land which shall exhibit distinctly delineated all roads, streets, thoroughfares, lanes or pathways dedicated for public use and all separate and distinct parts into which the land may be divided marked with separate and distinct numbers or symbols and every such plan shall be certified as accurate by a licensed surveyor. (IA) Where the Crown in alienating any land excludes from such alienation any road or watercourse that is within the boundaries of the land and the land is subsequently subdivided in such a way that the road or watercourse is contained within the boundaries of one of the parts into which the land may be divided, it shall be lawful and it is hereby declared always has been lawful for the Registrar of Titles to register the plan and- (a) issue a certificate of title for that part notwithstanding that the separate and distinct parts of the land on either side of the road or watercourse have not been marked with a separate number or symbol; (b) issue a certificate of title for each of the other subdivisions that are marked with a separate number or symbol.

294 Real Property Act Amendment Act 1981, No. 43 (le) Where the Crown in alienating any land excludes from such alienation any road or watercourse that is within the boundaries of the land and the land is subsequently subdivided in such a way that any one of the parts into which the land may be divided is contiguous to the road or watercourse, it shall be lawful and it is hereby declared always has been lawful for the Registrar of Titles to register the plan and issue a certificate of title for that part and a certificate of title for each of the separate and distinct parts of the land on either side of the road or watercourse."; (b) in subsection (2), (i) omitting the words " passages, "; (ii) omitting the words ", pathways, parks, squares or reserves appropriated or set apart thereon " and substituting the words " or pathways dedicated ".