Real Property Acts Amendment Act 1988 (Qld)

407 ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 37 of 1988 An Act to amend the Real Property Act 1861- 1986 and the Real Property Act 1877-1986 each in certain particulars [ASSENTED TO 26TH APRIL, 1988]

408 Real Property Acts Amendment Act 1988, No. 37 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 Acts Amendment Act 1988. 2. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY ( SS. 1-3); PART II-AMENDMENT OF REAL PROPERTY ACT 1861-1986 (ss. 4-6); PART 111-AMENDMENT OF REAL PROPERTY ACT 1877-1986 (ss. 7-9). 3. Commencement . (1) Sections 1 and 2 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1), this Act shall commence on a date to be appointed by Proclamation. PART II-AMENDMENT OF REAL PROPERTY ACT 1861-1986 4. Citation . (1) In this Part the Real Property Act 1861-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1861-1988. 5. Repeal of and new s . 19. The Principal Act is amended by repealing section 19 and substituting the following section:- "19. Application to be advertised when title is complete. If it appears to the satisfaction of the Master of Titles- (a) that the land in respect of which application is made is held by the applicant for the estate or interest described therein; and (b) that- (i) the land is free from mortgage or other beneficial interest affecting the title thereto; or (ii) if any such mortgage or interest remains unsatisfied, the parties interested therein are also parties to such application, then and in any such case the Registrar of Titles shall cause notice of the application to be advertised once in the Gazette and at least once in a newspaper published in Brisbane and in

Real Property Acts Amendment Act 1988, No. 37 409 addition, where in the opinion of the Registrar of Titles the land is situated at a distance more than 50 kilometres from Brisbane, at least once in a newspaper circulated in the neighbourhood of the land, and the Registrar of Titles shall further limit and appoint a time not less than two weeks nor more than 12 months from the date of the advertisement in the Gazette upon or after the expiration of which the Registrar of Titles shall proceed to bring the land under the provisions of this Act, unless he has received in the meantime a caveat forbidding him so to do.". 6. Amendment of s. 119. When new certificates of title to issue in respect of subdivisions of land. Section 119 of the Principal Act is amended- (a) omitting subsection (1) and substituting the following subsection:- "(1) Any proprietor subdividing land under the provisions of this Act shall lodge for registration with the Registrar of Titles a plan of subdivision of the land in the prescribed form, which- (a) shall show distinctly delineated therein all roads dedicated to public use; (b) shall show distinctly delineated therein every separate and distinct subdivision into which the land is, by the plan, divided marked with a separate and distinct number or symbol; and (c) shall be certified as accurate by a licensed surveyor."; (b) omitting subsection (IA) and substituting the following subsection:- "(1 A) Where the Crown has excluded from its alienation of land a road or watercourse that is within the boundaries of the land and the land is subsequently subdivided in such a manner that the road or watercourse is within the boundaries of one of the subdivisions of the land, it is lawful and it is hereby declared always to have been lawful for the Registrar of Titles to register the plan of subdivision and- (a) issue a certificate of title for that subdivision notwithstanding that the separate and distinct parts of the subdivision on either side of the road or watercourse have not been marked with separate and distinct numbers or symbols; (b) issue a certificate of title for each of the other subdivisions into which the land is thereby divided that is marked with a separate and distinct number or symbol."; (c) omitting subsection (1 B) and substituting the following subsection:- "(1 B) Where the Crown has excluded from its alienation of land a road or watercourse that is within the boundaries of the 14

410 Real Property Acts Amendment Act 1988, No. 37 land and the land is subsequently subdivided in such a manner that any of the subdivisions of the land abuts on the road or watercourse, it is lawful and it is hereby declared always. to have been lawful for the Registrar of Titles to register the plan of subdivision and- (a) issue a certificate of title for each subdivision into which the land is thereby divided that is marked with a separate and distinct number or symbol; (b) issue a certificate of title for the balance of the land notwithstanding that the parts comprising the balance lie on different sides of the road or watercourse; Provided that if in any case it appears to the Registrar of Titles that the orderly registration of the land or of dealings in respect thereof requires that- each of the parts comprising the balance that lie on different sides of the road or watercourse be assigned a separate description; and a separate certificate of title be issued for each of those parts, it is lawful and it is hereby declared always to have been lawful for the Registrar of Titles to refuse to register the plan of subdivision and any other plan of subdivision of the land that does not satisfy that requirement.". PART III-AMENDMENT OF REAL PROPERTY ACT 1877-1986 7. Citation. (1) In this Part the Real Property Act 1877-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1877-1988. 8. Amendment of s. 12. Priorities of registration . Section 12 of the Principal Act is amended- (a) by omitting the words "Registrar-General" where they five times occur and substituting in each case the words "Registrar of Titles"; (b) in the fourth paragraph, by omitting the words "by medium of the office of the Commissioner of Stamp Duties" and substituting the words "by way of a document exchange service". 9. Amendment of s. 33. Provisions of Principal Act as to bringing land under it to apply to applications for transmission . Section 33 of the Principal Act is amended by inserting after the expression "32" the expression "(2)".