Real Property Acts Amendment Act 1990 (Qld)

937 -.7,1AL F_13 -1''11' I 1. Short title AN AL YSIS OF CON T E NT S PART I-PRELIMINARY PART II-AMENDMENT OF REAL PROPERTY ACT 1861-1988 2. Citation 3. Amendment of s. 120 . Registrar of Titles may require plan to be deposited PART III-AMENDMENT OF REAL PROPERTY ACT 1877-1988 4. Citation 5. Amendment of s. 32. Application by personal representative , etc., to be registered as proprietor upon death of registered proprietor 6. Amendment of s. 39 . Caveats to lapse unless proceedings taken A NN O TRICESIMO NONO ELI A E AE SECT AE ®E AE An Act to amend the RealProperty Act1961-1988 and the R eal Pr operty Act 1877- 1988 each in certa in p ar ticulars [ASSENTED TO 3RD SEPTEMBER, 1990]

938 Real Property Acts Amendment Act 1990, No. 55 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 1990. PART II-AMENDMENT OF REAL PROPERTY ACT 1861-1988 2. Citation . (1) In this Part, the Real Property Act 1861-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1861-1990. 3. Amendment of s. 120 . Registrar of Titles may require plan to be deposited . Section 120 of the Principal Act is amended in the third paragraph by omitting all the words from and including the words "shall be of a scale prescribed" to and including the words " a scale not less than 1:20 000" and substituting the words "shall comply with the provisions of the Surveyors Act 1977-1987". PART III-AMENDMENT OF REAL PROPERTY ACT 1877-1988 4. Citation . (1) In this Part, the Real Property Act 1877-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Real Property Act 1877-1990. 5. Amendment of s. 32. Application by personal representative, etc., to be registered as proprietor upon d. ath of registered proprietor . Section 32 of the Principal Act is amended in subsection (2) (a) (i) by omitting the words "exceeds $ 50 000 at the date of his death" and substituting the words "at the date of his death exceeds $100 000 or such other amount as the Governor in Council may from time to time prescribe by Order in Council". 6. Amendment of s. 39 . Caveats to lapse unless proceedings taken. Section 39 of the Principal Act is amended by- (a) numbering the existing provision as subsection (1); (b) adding after the existing provision the following subsections:- "(2) For the purposes of subsection (1), a caveat lodged by the registered proprietor of land, whether before or after the commencement of the Real Property Acts Amendment Act 1990, shall (subject to subsection (3)) be deemed to have been lodged with the written consent of the registered proprietor of the land.

Real Property Acts Amendment Act 1990, No. 55 939 (3) Subsection (2) does not affect any decision in respect of a caveat made by a court of competent jurisdiction prior to the commencement of the Real Property Acts Amendment Act 1990.".