Real Property (Amendment) Act 1970 (NSW)

REAL PROPERTY (AMENDMENT) ACT.

jSelD ^outf) Males;

ANNO UNDEVICESIMO

ELlZABETHiE U REGliSiE

Act No. 23, 1970.

A n Act to make further provision for the declaration o f titles to land and the facilitation o f its transfer; for these and other purposes to amend the Real Property Act, 1900, the Conveyancing Act, 1919, and the Real Property (Amendment) Act, 1921; and for purposes connected therewith. [Assented to, 8th April, 1970.]

Real Property {Amendment).

No. 23, 1970 T iE it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales ia Parliament assembled, and by the authority of the same, as follows:—

Short title

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

mlcem;nt. (Amendment) Act, 1970”.

(2) The Real Property Act, 1900, is in this Act

referred to as the Principal Act.

(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment

2. The Principal Act is amended—

of Act No.

25, 1900.

Sec. 1.

(a) (i) by omitting from the matter relating to Part

(Short title.)

II in section one the letter and figures “s. 12” and by inserting in lieu thereof the letters and figures ‘"ss. 12, 12a” ;

(ii) by omitting from the matter relating to Part Va in the same section the words “Issue of CERTIFICATES OF TITLE for” and by inserting in lieu thereof the words “Certification of TITLE to” ;

(iii) by omitting from the matter relating to Part VI in the same section the words “Register book” and by inserting in lieu thereof the words “The R egister” ;

(iv) by omitting from the matter relating to Part VII in the same section the matter relating to Division 4;

(V)

Real Property (Amendment).

(v) by omitting from the same section the matter no. 23,1970 relating to Part X;

(vi) by inserting at the end of the same section the following new matter :—

PART

XVIII.— R e g u l a t io n s— s.

144.

(b) by omitting subsections five and six of section two; Sec.2.

(Repeal of

Acts.)

(c)

(i)

by inserting in paragraph (a) of section three Sec. 3.

immediately

before

the

definition

of (interpre-

“Caveator” the following new definition :— ^

“Approved form”—Form approved by the Registrar-General for the purposes of the provision of this Act in relation to which the expression is used.

(ii) by inserting in the same paragraph after the definition of “Conveyancer” the following new definitions :—

‘Dealing”—Any instrument other than a grant or certificate of title which is registrable or capable of being made registrable under the provisions of this Act, or in respect of which any record ing in the Register is by this or any other Act or any Act of the Parliament of the Commonwealth required or permitted to be made.

‘Duplicate registered dealing”—The dup licate of a registered dealing directed to be delivered by subsection ten of section thirty-six of this Act.

“Easement

Real Property {Amendment).

No. 23, 1970

“Easement in gross”—An easement with out a dominant tenement created pursuant to the provisions of section

88a or 88b of the Conveyancing Act,

1919, or acquired by the Common wealth in exercise of authority con ferred by any Act of the Parliament o£ the Commonwealth.

(iii) by omitting from the definition of “Instru ment” in the same paragraph the words, “transfer or other dealing with” and by insert ing in lieu thereof the words “disposition,, devolution or acquisition of” ;

(iv) by inserting in the same paragraph next after the definition of “Mortgagee” the following new definitions :—

“Primary applicant”—Person who makes; a primary application.

“Primary application”—Application to> bring under the provisions of this Act land that is not subject to those- provisions.

(v) by inserting in the same paragraph next after the definition of “Proprietor” the following; new definition

“The Register”—The record, kept by the Registrar-General, of grants, certifi cates of title and dealings that have- been registered pursuant to section thirty-two of this Act.

(vi) by omitting from the definition of “Trans mission” in the same paragraph the words

bankruptcy, insolvency, or marriage” and by inserting in lieu thereof the words “or bankruptcy” ;

( v i i )

Real Property (Amendment).

(vii) by omitting from paragraph (b) of the same No. 23, 1970

section the words “or as a trustee,” ;

(viii) by omitting from the same paragraph the word “heirs,”.

3. The Principal Act is further amended—

Further

amendment

of Act No.

25, 1900.

(a)

(i)

the words “Royal Arms of England” and by (Registrar’s

by omitting from subsection one of section six sec. 6. the State of New South Wales” ;

(ii)

by inserting in subsection two of the same section after the word “seal” the words “, or of any seal authorised, before the commence ment of the Real Property (Amendment) Act, 1970, for use by the Registrar-General,” ;

<b)

(i)

by omitting from section eight the word “or” sec. 8.

where firstly occurring and by inserting in (Oaths of

lieu thereof the word “of” ;

office.)

(ii)

by omitting from the same section the word “Colony” and by inserting in lieu thereof the word “State” ;

'(c)

by omitting section nine;

Sec. 9. (Sworn valuators.)

(d) by omitting subsection one of section ten.

Sec. 10.

(Convey

ancers

authorised

to complete

transfers,

etc.)

Real Property {Amendment).

No. 23, 1970

The Principal Act is further amended—

Further

amendment

of Act No.

25, 1900.

(a)	(i) by omitting paragraphs (a) and (b) of section

Sec. 12.

(Powers of	twelve and by inserting in lieu thereof the
Registrar-
General.)	following paragraphs ;—

(a)	He may require any person who may have possession or control of an instru ment relating to land the subject of a dealing, or relating to the title to any such land, to produce that instrument, and he may retain any such instru ment, whether produced pursuant to this paragraph or otherwise, until it is no longer required for action in connection with a dealing lodged with him.
(b)	He may summon any person referred to in paragraph (a) of this section or any person who to the Registrar- General appears to be interested in any land, title to land, or instrument affect ing land, the subject of a dealing to appear and give an explanation respect ing that land, title, or instrument.

(ii) by omitting paragraph (d) of the same section and by inserting in lieu thereof the following paragraph :—

(d)	He may, subject to this section and upon such evidence as appears to him sufficient, correct errors and omissions in the Register.

(iii) by omitting from paragraph (e) of the same section the word “enter” and by inserting in lieu thereof the word “record” ;

(iv)

Real Property (Amendment).

(iv) by omitting from the same paragraph the No. 23,1970 words “the disability of infancy, coverture,

lunacy, unsoundness of mind, or absence from the colony,” and by inserting in lieu thereof the words “any legal disability” ;

(v) by omitting paragraph (f) of the same section and by inserting in lieu thereof the following paragraph ;—

(f)	For the protection of any person interested in land under the provisions of this Act he may record in the Register a caveat, or may otherwise record the interest of that person in the Register in such manner as appears to the Registrar-General to be appropriate.

(vi) by omitting from paragraph (g) of the same section the words “enter in the register-book a notification of” and by inserting in lieu thereof the words “record in the Register” ;

(vii) by omitting from paragraph (h) of the same section the words “sections eighteen and nine teen” and by inserting in lieu thereof the words “subsection two of section seventeen” ;

(viii) by inserting in the same paragraph after the word “instrument” the words “, and he may give notice by advertisement or by personal service, whenever and to whomsoever he thinks proper, of the intended exercise or performance of any power, authority, duty or function conferred or imposed by this Act” ;

(ix) by inserting at the end of the same section the following new paragraph and sub sections :—

(i) He may, at the request of a proprietor, accompanied by such evidence as he

may

Real Property {Amendment).

No. 23, 1970

may require, record in the Register that any estate or interest has beea extinguished by merger.

(2)	Where a person required to produce

an instrument pursuant to paragraph (a) of subsection one of this section fails to produce the instrument or to allow it to be inspected or, being summoned pursuant to paragraph (b) of that subsection, refuses or neglects to give an explanation which he is, pursuant tO' that paragraph, required to give, or knowingly misleads or deceives any person authorised to demand any such explanation, he shall for each such offence incur a penalty not exceed ing two hundred dollars, and the Registrar- General, if the instrument or information with held appears to him material, may reject the relevant dealing referred to in that subsection.

(3)	Where the Registrar-General, in the

exercise of the powers conferred upon him by paragraph (d) of subsection one of this section, makes a correction in the Register—

(a)	he shall authenticate the correction and record the date thereof;
(b)	to the extent that, but for this para graph, the correction would prejudice or affect a right accrued from a recording made in the Register before the correction, the correction shall be deemed to have no force or effect;
(c)	subject to paragraph (b) of this sub section, the Register shall, as so corrected, have the same validity and effect as it would have had if the error or omission had not occurred; and

(d)

Real Property {Amendment).

(d)	the Registrar-General shall, while any No. 23,197»

right preserved by paragraph (b) of this subseetion is subsisting, maintain available for search a record of the date, nature and effect of the correc tion.

(4) Where the Registrar-General exercises the powers conferred upon him by paragraph (f) of subsection one of this section otherwise than by entering his caveat, the interest recorded shall be deemed to be an interest within the meaning of section forty-two of this Act but otherwise shall have no greater operation or effect than it would have had if not so recorded.

(5) Upon the recording, pursuant to para graph (i) of subsection one of this section, of the extinction of an estate or interest by merger, that estate or interest shall be deemed to have been extinguished accordingly.

(b)	by inserting next after the same section the follow- New sec. ing new section :—

12a. (1) Where upon lodgment of a dealing Power of

for registration, it appears to the Registrar-General

that a person who is not a party to the dealing serve notice

should be notified of the dealing, the Registrar-

“ g"

General may direct that notice of the dealing be	‘
given to that person.

(2)	Where the Registrar-General has

given notice pursuant to the powers conferred upon him by subsection one of this section in relation to a dealing, he may refuse to register the dealing until after the expiration of a period specified in the notice and he may proceed to register the dealing

Real Property {Amendment).

No. 23,1970	at or after the expiration of the period so specified unless he is first served with, or with written notice of, an order of the Supreme Court restraining him from so doing.
(3) Where a person given notice under subsection one of this section in relation to a deal ing does not within the time limited by the notice serve upon the Registrar-General or give him written notice of an order made by the Supreme Court restraining the Registrar-General from registering the dealing, no action by that person or by any person claiming through or under him shall lie against the Registrar-General in respect of the registration of the dealing specified in the notice.
(4) No action shall lie against the Registrar-General for failure to give a notice under subsection one of this section.

Further	5. The Principal Act is further amended—
amendment of Act No. 25, 1900.

Sec. 13.

(a) by omitting from subsection one of section thirteen thereof the words “fee, or leased as a perpetual lease under grant from the Crown be subject, and be deemed, since the first day of January, one thousand eight hundred and sixty-three, to have been subject” ;

(Registration	the words “fee, be subject” and by inserting in lieu
of Oown
grants.)

(b)	by omitting subsection two of the same section and by inserting in lieu thereof the following subsections :—

(2)	Each grant of land prepared after the

commencement of the Real Property (Amendment) Act, 1970, shall, in addition to containing proper

words

Real Property {Amendment).

manner the land thereby granted and the grant, together with a duplicate thereof if the Registrar- General so requires, shall be delivered to the	words of description, illustrate in the prescribed No. 2 3 ,1970 register it.
(3) Where a person entitled to a grant referred to in subsection one of this section dies before it has been made, the grant may be made to and issue in the name of that person, and the land the subject of the grant shall devolve in like manner as if the grant had been made prior to the death of that person.
(4) Any land which, having been leased as a perpetual lease under grant from the Crown, is subject to the provisions of this Act shall, for the purpose only of enabling the Registrar-General to exercise and perform in respect thereof the powers, authorities, duties and functions conferred or imposed on him by this Act, be deemed to be land alienated by the Crown in fee.
(5) Where the provisions of the Crown Lands Consolidation Act, 1913, or of any other Act, limit or restrict the disposition or devolution of land leased as a perpetual lease under grant from the Crown the Registrar-General shall record in the Register the limitation or restriction, either by reference to those provisions or in such other manner as he considers appropriate.

The Principal Act is further amended—

Further

amendment

of Act No.

25, 1900.

(a)

by omitting section fourteen and by inserting in lieu sec. 14.

thereof the following section ;—

(Application

to bring

14. (1) Land not subject to the provisions of >and under

this Act may be brought under its provisions.

( 2 )

Real Property {Amendment).

No. 23,1970

( 2) Subject to this section, a primary application may be made by—

(a)	a person claiming to be the person in whom is vested an estate in fee simple either at law or in equity in the land to which the

'	application relates;

(b)	a person claiming, in the land to which the application relates, an estate in possession, or in reversion, or in remainder, or a lease hold for a life or for lives or a leasehold having a term of not less than twenty-five years current at the time of making the

'	application; or

(c)	a person having the power to appoint an estate or interest referred to in paragraph (a) or (b) of this subsection in the land

to which the application relates, if he obtains the consent of any other person whose consent to the exercise of the power

is required and directs issue of the certificate

of title to the object of the power;

(3) A primary application may not be

made—

(a)	by a person who has contracted to purchase the land to which the application relates, unless—

(i) the vendor consents in writing to the application; or

(ii) the whole of the purchase money has been paid to the vendor or his authorised agent;

(b)	by a person claiming to be entitled to a share of or interest in the land to which the application relates, unless the person

entitled

Real Property {Amendment).

entitled to the other share or shares or to No. 23,1970

any other interest or interests joins in the

application for the purpose of bringing the

entirety thereof under the provisions of this

Act;

(c)	by a mortgagor of the land to which the application relates, unless the mortgagee joins in or consents to the application;
(d)	by a mortgagee of the land to which the application relates, unless—

(i) the mortgagor joins in or consents to the application; or

(ii) the Registrar-General is satisfied that the mortgagor is in default under the terms of the mortgage; or

(e)

by an execution debtor named in a writ that has been registered in the Register of Causes, Writs and Orders affecting land, unless the execution creditor consents to the application.

(4)	A primary application shall be in the

approved form and shall be accompanied by such evidence and documents of title as the Registrar- General may require.

(b) (i) by omitting from subsection one of section sec. 14a.

14a the words “or section one hundred and (Easements

•	created by
’	unregistered instruments

(ii) by omitting from subsection two of the same may be

section the words “include in or endorse on

)

the certificate of title” and by inserting in lieu thereof the words “record on the folio of the Register”;

( i i i )

P 19089—14

Real Property {Amendment).

No. 23, 1970

(iii) by omitting from the same subsection the words “certificate of title” where secondly occurring and by inserting in lieu thereof the word “folio” ;

(iv)	by omitting from subsection four of the same section the words “title for the servient tene ment, notify the easement on that certificate of title” and by inserting in lieu thereof the words “folio of the Register relating to the servient tenement, notify the easement on that folio” ;
(v)	by omitting from subsection five of the same section the words “certificate of title” and by inserting in lieu thereof the words “folio of the Register” ;
(vi)	by omitting subsection seven of the same section;

Sec. 16.	(c) by omitting section sixteen;
(Applicant to surrender instruments of title and to furnish abstract if required.)
Subst. sec.	(d) by omitting section seventeen and by inserting in

17. lieu thereof the following section ;—

Procedure	17. (1) Upon receipt of a primary application
by

Registrar-	the Registrar-General shall cause the title of the
General to	primary applicant, for such period as he considers
bring land
under Act.	sufficient, to be examined by an Examiner and shall thereafter himself take the case into his consideration.

(2)	The Registrar-General shall cause

notice of a primary application to be published in the Gazette and shall therein specify a period, expiring not less than one month after publication

Real Property (Amendment).

of the notice, on or before which caveats may be No. 23, 1970

lodged against the application, and may also cause such other notice of the application to be given (by advertisement or otherwise) as he thinks fit.

(3) Where notice of a primary application has been given under subsection two of this section, the Registrar-General may direct in writing that caveats against the application may, on or before a day specified in the direction (being a day that is later than the expiration of the period specified in the notice published in the Gazette under sub section two of this section), be lodged by a specified person or class of persons.

(4) The Registrar-General—

(a)

may give a direction under subsection three of this section before or after the expiration of the period specified in the notice pub lished in the Gazette under subsection two of this section and may, in respect of the same or a different person or class of persons, give a further direction or further directions under subsection three of this section before or after the day specified in an earlier direction;

(b)

may, if he sees fit, cause a copy of any such direction to be published in the Gazette; and

(c)

shall notify any such direction to the person who made the primary application to which the direction relates or his solicitor, known agent or attorney.

(5)	After the expiration of the period

specified in a notice published in the Gazette under subsection two of this section or, where the Registrar-General has given a direction under subsection three of this section, after the day

specified

Real Property {Amendment).

No. 23,1970

specified in the only or the later or latest such direction, the Registrar-General may bring the land the subject of the primary application to which the notice relates under the provisions of this Act by issuing a certificate of title in accordance with this Act to the primary applicant, or to any person in whose name the primary apphcant directed that the certificate of title be issued, or to such other person as the Registrar-General finds entitled to the land, unless the issue of the certificate of title is prohibited by a caveat or by an order or injunction of the Supreme Court.

(6)	Where, pursuant to paragraph (d) of

subsection three of section fourteen of this Act, a certificate of title issues to a mortgagee the Registrar-General shall record thereon his caveat forbidding the registration of any dealing except in accordance with the powers and duties of the registered proprietor as mortgagee.

Sec. 18.	(e) by omitting section eighteen;
(When original applicant is
not original grantee or any trans actions registered.)
Sec. 19.	(f) by omitting section nineteen;
(When evidence of title is imperfect.)
Sec. 20.	(g) by omitting section twenty;
(Notice of application to be pub lished.)
Sec. 21.	(h) by omitting section twenty-one;
(Land brought under Act.)

( i )

Real Property {Amendment).

( i) by omitting section twenty-two;

No. 23, 1970

Sec. 22.

(On a return

of notices or

failure of

personal

service,

Registrar-

General may

proceed or

give further

directions.)

(j)	by omitting section twenty-three and by inserting Subst. sec.

in lieu thereof the following section :—

23. (1) A primary applicant may, with the Withdrawal

consent of any person in whose name he has directed that a certificate of title be issued, with draw his primary application before issue of the certificate of title in respect thereof and, where such an application is so withdrawn the Registrar- General, when requested in writing, shall return to the primary applicant, or to the person appearing to the Registrar-General entitled, all documents lodged in support of the application.

(2) If it appears to the Registrar-General—

(a)	that a primary applicant has not complied with the requirements of this Act relating to primary applications;
(b)	that the evidence adduced by a primary applicant in support of his primary applica tion is deficient in any material particular;

(c)	that a primary applicant has not proceeded with his primary application within a reasonable time, having regard to the circumstances of the case.

he may reject the primary application.

( k )

Real Property {Amendment).

No. 23, 1970

(k) by omitting section twenty-four and by inserting in

Subst. sec.	lieu thereof the following section :—
24.
Interested	24. (1) Subject to this section, a person having or claiming an interest in any land in respect of which notice of a primary application has been published in the Gazette pursuant to subsection two of section seventeen of this Act may within the time limited by the notice lodge with the Registrar-General a caveat in the approved form forbidding the bringing of that land under the provisions of this Act.
person may
lodge caveat.
(2) Notwithstanding subsection one of this section, a person referred to therein may, if he is the person, or one of the class of persons, specified in a direction given under subsection three of section seventeen of this Act in relation to a primary application so referred to, lodge a caveat under subsection one of this section—

(a)

on or before the day specified in the direction; or

(b)

where that person or class is specified in more than one such direction, on or before the day specified in the later or latest of those directions.

(3)	A caveat lodged under subsection one

or two of this section shall state the name and address of the caveator and shall contain a suffi cient description to identify the land and the estate or interest therein claimed by the caveator and shall be signed by the caveator or by his solicitor, known agent or attorney.

Sec. 25.

(1) by omitting from section twenty-five the words

(If caveat	“applicant proprietor” and by inserting in lieu
be received
within time	thereof the words “primary applicant” ;
limited pro
ceedings

stayed.)

(m)

Real Property {Amendment).

(m) (i) by omitting from paragraph (a) of section No. 23, 1970

twenty-six the words “estate, interest, lien, or

charge” and by inserting in lieu thereof the (caveats

word “interest” ;

lapse unless proceedings

(ii)

by omitting from paragraph (b) of the same inserting in lieu thereof the following months.) words :—

Registrar-General,

and those proceedings have not been deter mined (otherwise than in favour of the caveator) or, as the case may be, that order or injunction is still in force.

(n)	“within six months after the date of writ or com mencement of such proceedings” and by inserting fails to

by omitting from section twenty-eight the words Sec. 28. the Registrar-General appears reasonable in the mgs.) circumstances”.

7.	The Principal Act is further amended—	Further
amendment of Act No.
25,1900.

(a)

by omitting from paragraph (a) of the definition of Sec. 28a.

“Subsisting interest” in section 2 8 a the word “reg- (interpre-

ister-book” and by inserting in lieu thereof the

word “Register” ;

(b)

by omitting from subsection two of section 28f the Sec. 28f. words “enter on” and by inserting in lieu thereof emhled̂ tô * the words “record on the relevant folio of the qualified Register for"; g S e T

notify Sec. 28i.

thereon'

wherever occurring and by inserting in

lieu thereof the words “record on the relevant to be

lieu th

entered on

folio of the Register’

qualified

certificates

(d)	of title.)

Real Property {Amendment).

No, 23, 1970

(d) (i) by omitting from subsection one of section

Sec. 28j .

28 j the words “enter thereon” and by insert

(Cautions.)

ing in lieu thereof the words “record on the

relevant folio of the Register” ;

(ii) by omitting from the same subsection the word “notified” and by inserting in lieu thereof the word “recorded” ;

(iii) by omitting from subsection two of the same section the word “entered” and by inserting in lieu thereof the word “recorded” ;

(iv) by omitting from subsection three of the same section the words “notified on the qualified certificate of title” and by inserting in lieu thereof the words “recorded on the relevant folio of the Register” ;

Subst.

(e) by omitting section 28k and by inserting in lieu

sec. 28k.

thereof the following section ; —

28k .

a qualified certificate of title may be

Additional

subsisting	lodged with the Registrar-General by the registered
interests
may be	proprietor thereof, together with a memorandum
notified.	in the approved form setting out particulars of any subsisting interest affecting the land comprised in the qualified certificate of title and not already recorded on the relevant folio of the Register, and the Registrar-General shall so record that subsisting interest.

(f) by omitting from section 28l the words “notified

Sec.

28l .

(Duties of	thereon” and by inserting in lieu thereof the words
segistered
proprietor	“recorded on the relevant folio of the Register” ;
dealing with land in qualified certificate of title.)

(g )

Real Property {Amendment).

(g) (i) by omitting from section 28m the words No. 23,1970

“entered on that qualified certificate of title” „

wherever occurring and by inserting in lieu (Dealings

thereof the words “recorded on the relevant with land

folio of the Register” ;

cerdficate^‘*

of title to

(ii)	“notified on the qualified certificate of title” wherever occurring and by inserting in lieu interests.)

by omitting from the same section the words besubj^t folio of the Register” ;

(h) (i) by omitting from section 28n the words Sec. 28n.

“entered on a qualified certificate of title” (Cancella-

and by inserting in lieu thereof the words instruments.)

“recorded in the Register” ;

(ii) by omitting from the same section the words “such qualified certificate of title” and by inserting in lieu thereof the words “the quali fied certificate of title affected by the caution” ;

( i)

by omitting from paragraph (d) of subsection Sec. 28p .

one of section 28p the words “notified there

on” and by inserting in lieu thereof the words of this Act

“recorded in the Register” ; qualified

’

certificate of title and

(ii)

by omitting from paragraph (a) of subsection

two of the same section the words “entered

‘

on the qualified certificate of title for the land” and by inserting in lieu thereof the words “recorded on the relevant folio of the Register” ;

(iii)

by omitting paragraph (b) of the same sub section ;

(iv)

by omitting paragraph (c) of the same sub section ;

(V )

Real Property {Amendment).

No. 23, 1970

(v) by inserting next after the same paragraph the following new paragraph : —

Sec. 32.

(cl) by omitting subparagraph

(Grants and

(i) of paragraph (a) of

certificates

of title.)

subsection one of section

thirty-two;

(vi) by omitting paragraph (d) of the same subsection;

New sec.

(j) by inserting next after the same section the

28q.	following new section :—
Application
of Act No.	28q. (1) To the extent that, but for this section apply to or in respect of land comprised in a qualified certificate of title, it shall so apply, and shall be deemed always to have so applied after the commencement of the Real Property (Conver sion of Title) Amendment Act, 1967, as if the land were not land subject to the provisions of this Act.
6, 1919,	Part IV of the Conveyancing Act, 1919, would not
Part IV.

(2)	Subsection one of this section shall not

operate to exclude the application, to and in respect of land comprised in a qualified certificate of title, of such of the provisions of Part IV of the Convey ancing Act, 1919, as apply to and in respect of land under the provisions of the Real Property Act, 1900.

Further	8.	The Principal Act is further amended—
amendment of Act No.
25, 1900.

Subst. sec.

(a) by omitting section twenty-nine and by inserting

29. in lieu thereof the following section ;—

Instruments	29. (1) For the purposes of this section
of title, how

to be dealt	“instrument” in relation to a primary application
with.	or a primary applicant means instrument deposited

with

Real Property {Amendment).

with the Registrar-General that relates to land the No. 23, 1970

subject of the primary application, whether so deposited by the primary applicant or by some other person and whether so deposited pursuant to paragraph (e) of subsection two of section fifty- three, or pursuant to section sixty-four, of the Conveyancing Act, 1919, or otherwise.

(2) Upon issuing a certificate of title under Part IV of this Act the Registrar-General shall endorse on each instrument relating to the primary application pursuant to which the certificate of title issued a memorial cancelling it so far as it relates to land under the provisions of this Act.

(3) Subject to subsection four of this section, upon issuing a certificate of title under Part IV of this Act the Registrar-General—

(a) shall retain in his office every instrument relating to the primary application pursuant to which the certificate of title issued until it is delivered or destroyed pursuant to this section, and no person shall be entitled to the production of an instrument so retained except upon the written order of the primary applicant, or of some person claiming through or under him, or upon the order of a Judge of the Supreme Court;

(b)	shall deliver to the primary applicant or other person entitled thereto any instrument that relates to land not under the provisions of this Act; and
(c)	subject to paragraph (b) of this subsection may destroy any instrument or may deliver it to the primary applicant or other person entitled thereto or to any person who has satisfied the Registrar-General that he bona fide intends to preserve the instrument for historical purposes.

(4)

Real Property {Amendment).

No. 23, 1970

(4) The provisions of subsection three of

this section—

(a)	shall apply to instruments relating to primary applications pursuant to which certificates of title issued before or after the commencement of the Real Property (Amendment) Act, 1970;
(b)	shall not apply to instruments deposited pursuant to paragraph (e) of subsection two of section fifty-three or pursuant to section sixty-four of the Conveyancing Act, 1919; and
(c)	are subject to the provisions of section fourteen of the Archives Act, 1960.

Sec. 30.	(b) by omitting section thirty;
(How certi ficate of title to issue in case of previous death of applicant.)
Sec. 31.	(c) by omitting section thirty-one.
(Crown grants.)

Further

The Principal Act is further amended b y omitting

^Ac?No"*

Part V a and b y inserting in lieu thereof the following Part :—

25, 1900.

Subst. Part

Va.

PART Va.

Certification of title to resumed land.

Certification	31a. (1) In this Part—
of title to
resumed	“resumption” means appropriation of Crown land, or compulsory acquisition of land that is not Crown land, under the provisions of any Act or Act of
land.

the

Real Property {Amendment).

the Parliament of the Commonwealth authorising No. 23, 1970

appropriation or compulsory acquisition of land;

and “resumed” has a corresponding meaning;

“resumption application” means application to the Registrar-General to cause to be registered as proprietor of land the person entitled to the land by virtue of a resumption or by virtue of any further vesting of resumed land by the operation of any Act or Act of the Parliament of the Commonwealth, either directly or by reason of anything done in pursuance thereof.

(2)	Where resumed land is not under the

provisions of this Act or is comprised in a qualified

certificate of title—

(a)

the Registrar-General shall, upon lodgment of a resumption application relating to the land resumed, accompanied by a copy of the instru ment by which the resumption was effected, together with any other evidence required by the Registrar-General, issue to the person in whom is vested the land described in that resumption application a certificate of title under this Act without causing any examination or report to be made as to the title to the land and without con sidering that title except so far as may be necessary to give effect to paragraph (b) of this subsection;

(b)

it shall not be necessary in any resumption application to locate the boundaries of the Crown grant (if any) of the resumed land, but it shall be sufficient if the Registrar-General is satisfied with respect to any certificate of title proposed to be issued by him in pursuance of this sub section that the land to be comprised in the certificate of title is included in the resumed land; and

(c )

Real Property {Amendment).

No. 23,1970

(c) in any certificate of title issued in pursuance of this subsection the resumed land may be des cribed in the terms of or by reference to the instrument by which the resumption was effected.

—

(3)	Where resumed land is under the provisions

of this Act—

(a)	the Registrar-General may, where he has notice of the resumption, record the resumption in the Register of his own motion;

<b) subject to paragraph (a) of this subsection, the Registrar-General, upon lodgment of a resump tion application relating to the land resumed, accompanied by a copy of the instrument by which the resumption was effected and any other evidence required by the Registrar-General, shall make such recording in the Register as may be necessary to give effect to the resumption application;

(c)	where a recording of a resumption application is not also made on the relevant grant, certifi cate of title or duplicate registered dealing, the Registrar-General shall record that fact in the Register and, in the case of a resumption of an estate in fee simple, shall, at the request of the person entitled, issue a new certificate of title to the person in whom the resumed land is vested; and
(d)	where a grant, certificate of title or duplicate registered dealing evidencing title to an estate or interest affected by a registered resumption is in the possession of some person other than the person registered as proprietor under this subsection, and that person in possession fails to deliver it up for cancellation when required in writing by the Registrar-General so to do the

grant.

Real Property (^Amendment).

grant, certificate of title or duplicate registered No. 23, 1970

dealing, as the case may be, shall be deemed to

be wrongfully retained within the meaning of

section one hundred and thirty-six of this Act.

(4) No action for recovery of damages sustained through deprivation of land or of any estate or interest in land, by reason of the exercise by the Registrar-General of his powers under this section in respect of an invalid resumption, shall lie or be sus tained against the Registrar-General.

(5) The Registrar-General may give notice to a person that at the expiration of a period specified in the notice he proposes to register a specified resumption application and, where he directs service of such a notice, he may withhold registration of the resumption application until the expiration of the period so specified.

(6) This section shall apply to and in respect of resumptions before or after the commencement of the Real Property (Amendment) Act, 1970, except to the extent that—

(a)	a certificate of title issued in respect of the resumed land after the resumption and before that commencement; or
(b)	a resumption application in respect of the resumed land was registered before that com mencement.

10.

The Principal Act is further amended—

Further

amendment

of Act No.

25, 1900.

(a)

by omitting from the heading to Part VI the part vi.

word

“R e g is t e r -b o o k ”

and

inserting

lieu <^Heading.)

thereof the words

“T h e R e g is t e r ” ;

(b )

Real Property (Amendment).

No. 23, 1970

(b) by omitting section thirty-two and by inserting in

Subst.	lieu thereof the following section : —
sec. 32.

Grants and

32. (1) A certificate of title shall be in the

certificates	prescribed form and the Registrar-General—
of title.

(a) shall record thereon—

(i)	particulars of all subsisting encum brances affecting the land;

(ii) the date of birth of any registered proprietor of the land whom the Registrar-General knows to be an infant; and

(iii) such other matters as the Registrar- General is, by or under this or any other Act, required to record upon certificates of title; and

(b)	may record thereon such other matters as he is by or under this or any other Act, or Act of the Parliament of the Common wealth, authorised to record.

(2) The Registrar-General—

(a)	shall allot to each grant or certificate of title a volume number and a folio number, or shall otherwise identify it in such manner as may be prescribed;
(b)	when issuing a new certificate of title, shall cancel, wholly or partially as the case may require, any folio of the Register thereby superseded; and
(c)	shall record in the Register, in such manner as he shall determine, such particulars of the grant or certificate of title as he thinks fit.

(3)

Real Property (Amendment).

(3) Every grant or certificate of title No. 23,1970

is duly registered when particulars thereof have been recorded in accordance with subsection two of this section, and the recording of the particulars thereof shall constitute a folio of the Register.

(4) Upon lodgment of a dealing, the Registrar-General shall allot thereto a distinctive number and the dealing is duly registered when the Register has been altered to give effect thereto.

(5) The Registrar-General shall have, and shall be deemed always to have had, power to cancel in such manner as he considers proper any recording in the Register which he is satisfied does not affect the land to which the recording purports to relate.

(c)

by omitting section thirty-three and by inserting insubst. sec.

lieu thereof the following sections :—

33, and

new sec.

33 a.

3 3 . ( 1 ) The Registrar-General

may,

if he issue of

thinks fit so to do, issue a certificate of title, or

certifi-

certificates of title, for the whole or part of the land title,

comprised in one or more grants or certificates of

title registered under this Act and may, for the

purposes of this section, require the production to

him of any grant, certificate of title or duplicate

registered dealing.

(2)	No person shall be entitled to require

delivery to himself of any grant or certificate of title which has been partially cancelled but the Registrar-General may, if he thinks fit so to do, deliver a partially cancelled grant or certificate of title to the registered proprietor thereof or, where some other person is entitled to receive it, to that other person.

33a.

Real Property {Amendment).

No. 23, 1970	33a. (1) The Registrar-General—
Delivery,
etc., of	(a) where he considers it proper so to do, may
instruments

in the	deliver an instrument (being a grant, certi
custody	ficate of title or duplicate registered
of the
Registrar-	dealing) in his custody to the person by
General.	whom it was lodged, or to his solicitor, known agent or attorney, unless the person by whom it was lodged has given written instructions to the Registrar-General for the delivery of the instrument to some other person;

(b)

where written instructions have been given as referred to in paragraph (a) of this subsection, shall not deliver such an instru ment otherwise than in accordance with those instructions;

(c)

where he would, but for this paragraph, be unable to determine to whom such an instrument should be delivered, may deliver it to the person he considers best entitled thereto.

(2)	An instrument in the custody of the

Registrar-General, being a grant, certificate of title or duplicate registered dealing, may be used by the Registrar-General in the course of registering a dealing affecting the land, estate or interest to which the instrument relates—

(a)	if the instrument was lodged by or on behalf of the person who lodged that dealing or was lodged for the purpose of enabling that dealing to be registered; or
(b)	if the Registrar-General gives to the person entitled to the instrument written notice of his intention so to use the instrument and that person does not, within a time specified

Real Property {Amendment).

to permit the instrument so to be used.

in the notice for the purpose, notify the no . 2 3 ,1970

(3)	Where the Registrar-General, in a

notice given pursuant to subsection two of this section, indicates that he proposes to deliver an instrument specified in the notice to a person nominated in the notice he may, unless the person to whom the notice is given notifies the Registrar- General before the expiration of a period specified in the notice for the purposes of this subsection that he objects to that proposal, deliver the instrument in accordance with the proposal.

(4)	For the purposes of subsections one,

two and three of this section, for the purpose of delivery of a grant upon registration thereof and for the purpose of delivery of a certificate of title, or qualified certificate of title, upon issue thereof—

(a)	a grant shall be deemed to have been lodged by the grantee named therein;
(b)	upon first being issued pursuant to subsec tion one of section thirty-three of this Act, a certificate of title shall be deemed to have been lodged by the person who would have been entitled to take delivery of the super seded grant or certificate of title had it not been cancelled, wholly or partially, upon the issue of the first-mentioned certificate of title;
(c)	a certificate of title bringing land under the provisions of this Act and issuing in the name of the primary applicant therefor or

Real Property {Amendment).

No. 23, 1970

of a person claiming under the will or intes tacy of the primary applicant therefor shall be deemed to have been lodged by the person who lodged the primary application;

(d)	a certificate of title bringing land under the provisions of this Act and issuing in accord ance with a direction or conveyance by a primary applicant shall be deemed to have been lodged by the person who lodged the direction or conveyance;
(e)	a certificate of title issued pursuant to section one hundred and eleven of this Act shall be deemed to have been lodged by the person who lodged the application for issue of the certificate of title; and
(f)	a qualified certificate of title shall, upon its issue, be deemed to have been lodged by the person nominated by the registered pro prietor named therein as entitled to take delivery thereof.

(5)	The Registrar-General may assume,

and shall be deemed always to have been entitled to assume, that a person who lodges with him any dealing or other document has authority from all persons claiming under, or having an interest in, the dealing or other document—

(a) to lodge it with the Registrar-General;

(b)	to uplift it for amendment or to withdraw it from registration and, in either case, to give a receipt therefor;
(c)	to receive requisitions, communications and notices in respect thereof; and

(d )

Real Property (Amendment).

(d)	to attend to all other matters which may No. 23,1970

arise in the course of registration thereof or in the course of any other action within the office of the Registrar-General with respect thereto.

(d) by omitting section thirty-five;

Sec. 35. (Instru ments,

when

deemed

to be

registered.)

«(e) by omitting section thirty-six and by inserting in Subst. sec.

lieu thereof the following section :—

36. (1) Save as may otherwise be prescribed, Registration

execution of a dealing lodged for registration shall

dealings,

be attested by a witness who is not a party to the

dealing.

(2) A dealing executed under a power of attorney shall not be registered under this Act unless the power of attorney has been registered as provided for by the Conveyancing Act, 1919.

(3)	When lodged for registration every

mortgage, encumbrance or lease, and such other dealings as may be prescribed for the purposes of this subsection, shall be in duplicate, and any other ■dealing shall be lodged as required by the Registrar-General.

(4)	Where two or more dealings which

affect the same land are awaiting registration, the Registrar-General may register those dealings in

the

Real Property {Amendment).

No. 23, 1970	the order which will give effect to the intentions o f the parties as expressed in, or apparent to him from, the dealings.
(5) Subject to section 12 a of this Act, where the intentions of the parties to dealings ̂ referred to in subsection four of this section appear to the Registrar-General to conflict, the order of registration shall be the order in which the dealings, were lodged in registrable form.

(6) For the purposes of this section—

(a)	a dealing that is lodged in registrable form and is subsequently uplifted shall be deemed not to be in registrable form until re-lodged in registrable form;
(b)	a dealing shall be deemed not to be in registrable form—

(i) if, notwithstanding anything done under subsection one or two of section thirty-nine of this Act, the dealing requires a material correc tion, alteration or addition;

(ii) unless the Registrar-General has authority to use, for the purpose of registering the dealing, the relevant grant, certificate of title or dupli cate registered dealing; or

(iii) unless the dealing is in the approved form; and

(c)	a dealing lodged with the Registrar-General that is not in registrable form shall where it is not uplifted, be deemed not to have been so lodged until it is in registrable form.

(7)

Real Property {Amendment).

( 7 ) Where two or more dealings which No. 23,1970

affect the same land are awaiting registration the Registrar-General may, if he thinks fit, register those dealings by making a single recording in the Register, referring in the recording to the lodgment numbers of those dealings or otherwise identifying them.

(8) Dealings registered under subsection seven of this section shall be deemed to have been duly registered notwithstanding any requirement in this Act that dealings be executed by a registered proprietor and, for the purposes of Part XIV of this Act, upon registration of such a dealing a person expressed therein to take an estate or interest in land under the provisions of this Act shall be deemed to have become registered as proprietor of that estate or interest according to the tenor of the dealing.

(9) Dealings registered with respect to, or affecting, the same estate or interest shall, notwith standing any notice (whether express, implied or constructive), be entitled in priority the one over the other according to the order of registration thereof and not according to the dates of the dealings.

(10) Upon registration of a dealing the Registrar-General shall deliver any duplicate thereof that bears a certificate of registration under subsection four of section thirty-eight of this Act to the person who, pursuant to section 33a of this Act, appears to him to be entitled thereto.

(11)	Upon registration, a dealing shall have

the effect of a deed duly executed by the parties

who signed it.

Real Property (Amendment).

No. 23, 1970

(f) by omitting section thirty-seven;

Sec. 37.

(Form of

memorial.)

Subst.

(g) by omitting section thirty-eight and by inserting m

sec. 38,	lieu thereof the following section ;—
dealings
Recording	38. (1) Subject to this Act, when making a shall make a like recording upon any grant, certifi cate of title or duplicate registered dealing evidenc ing title to the estate or interest affected by the recording unless the Registrar-General, pursuant tO' this Act, dispenses with production thereof.
on grants,	recording in the Register the Registrar-General
etc.
(2) A failure by the Registrar-General to- comply with the requirements of subsection one of this section shall not invalidate the registration of a dealing.
(3) The Registrar-General may, upon lodg ment of an application in the approved form,, together with such evidence as he may require,, dispense with the production of any grant, certifi cate of title or duplicate registered dealing for the purpose of recording thereon the effect of a dealing and, where production is so dispensed with, he shall, when registering the dealing, record in the Register that the effect of the dealing has not been recorded on the grant, certificate of title or dupli cate registered dealing, as the case may require.
(4) Upon registering a dealing the Regis trar-General shall certify thereon the fact and date of its registration and that certificate shall be received in any proceedings before any Court or any person having by law or consent of parties authority to hear, receive and examine evidence as conclusive evidence that the dealing was duly registered on that date.

( 5 )

Real Property (Amendment).

(5)	Subject to the Archives Act, 1960, No. 23, 1970

where an instrument that is a grant, certificate of title or duplicate registered dealing is in the custody of the Registrar-General and no person is entitled to require the delivery to himself of the instrument the Registrar-General may, notwithstanding the other provisions of this section—

(a)

dispense with the recording of the effect of any dealing upon that instrument; and

(b)

destroy that instrument without retaining a copy or record thereof.

(6)	Subject to the Archives Act, 1960, the

Registrar-General may destroy any part of the Register comprising a folio or a registered dealing that does not evidence a subsisting interest and will not, in his opinion, be required for the purpose of recording thereon the effect of any dealing.

<(h)	(i)	by omitting from section thirty-nine the word Sec. 39.
“instrument” where firstly, secondly, fourthly, (Dealings
fifthly, sixthly and seventhly occurring and by register^
inserting in lieu thereof the word “dealing” ; unless in

accordance

(ii)	“hereof :” and by inserting in lieu thereof the forms >

by omitting from the same section the word which is not in accordance with the pro visions hereof or which the Registrar-General is satisfied should not be registered” ;

<iii) by omitting from the same section the words “an instrument” and by inserting in lieu thereof the words “a dealing” ;

(iv)

Real Property {Amendment).

No. 23,:i970

(iv) by omitting from the same section the words- “Provided that” and by inserting in lieu thereof the words “ (2) Notwithstanding subsection one of this section,” ;

(v)	by omitting from the same section the words “Provided further that” and by inserting iit lieu thereof the words “ (3) Notwithstanding subsection one of this section,” ;

Sec. 40.

(i) (i) by omitting subsection one of section forty

(Certificate	and by inserting in lieu thereof the following
to be
conclusive	subsection :—
evidence of
title, and

that the

(1) A folio of the Register shall be

land has	received by all Courts or persons having by
been duly
brought	law or consent of parties authority to hear,
under the	receive and examine evidence as evidence of
Act.)	the particulars therein recorded and shall be conclusive evidence that any person therein named as seised of or as taMng an estate or interest in the land comprised in that folio is- seised or possessed of or entitled to that land for that estate or interest and that the land comprised in that folio has been duly brought under the provisions of this Act.

(ii) by omitting from subsection two of the same section the words “certificate of title” and by inserting in lieu thereof the words “folio of the Register” ;

(iii) by omitting from subsection three of the same section the words “certificate of title” and by inserting in lieu thereof the words “folio of the Register” ;

(iv) by omitting from the same subsection the words “noted by memorial” and by inserting in lieu thereof the word “recorded” ;

( j >

Real Property {Amendment).

(j) (i) by omitting from subsection one of section No. 23,1970

forty-one the word “instrument” wherever

occurring and by inserting in lieu thereof the (Dealings

word “dealing” ;

not effectual

until re-

(ii) by omitting subsection two of the same section; ^ ’̂ isfer”

(k)

(i)

by omitting from section forty-two the words Sec. 42. “, whether derived by grant from the Crown (Estate of

rcsistcrcci

or otherwise, ;

proprietor

paramount.)

(ii) by omitting from the same section the words “or of any estate or interest in land” ;

'(iii) by omitting from the same section the words “notified on the folium of the register-book constituted by the grant or certificate of title of such land” and by inserting in lieu thereof the words “recorded in the Register” ;

<(iv) by omitting from paragraph (c) of the same section the words “grant, certificate of title, lease, or other instrument” and by inserting in lieu thereof the words “folio of the Register or registered dealing” ;

i y) by omitting from paragraph (d) of the same section the following words :—

; and

(iii) the registration of the proprietor is after the commencement of the

Conveyancing

(Amendment)

Act,

1930;

<1)	(i)	by omitting from subsection one of section Sec. 43a.
43a the words “an instrument” and by insert- (Protection ing in lieu thereof the words “a dealing” ; p̂̂ Kon*̂ ^

contracting

i(ii) by omitting from the same subsection fbe Ĵ r̂ eaUng words “that instrument” and by inserting in Sland̂ '^

under this

lieu thereof the words “that dealing”

Act before

(m) registration.)

Real Property {Amendment).

No. 23, 1970

(m) by omitting from section forty-four the words-

Sec. 44.	“certificate of” and by inserting in lieu thereof the
(Registered	words “folio of the Register certifying the” ;
proprietor suing for specific
perform ance.)

(n)	(i) by omitting from subsection one of section 45a.

Sec. 45a.

(Construc	the word “instruments” wherever occurring
tion of
instruments	and by inserting in lieu thereof the word
relating to	“dealings” ;
land abutt
streams or

ing on

(ii) by omitting from subsection two of the same

roads.)

section the words “certificate of title issued to such an applicant, or to any subsequent” ̂ and by inserting in lieu thereof the words “folio of the Register evidencing issue of a” ;

(iii) by omitting from subsection three of the same section the words “other instrument” and by inserting in lieu thereof the word “dealing”.

Further	11. The Principal Act is further amended—
amendment of Act No. 25, 1900.

Subst. sec.

(a) by omitting section forty-six and by inserting in

46. lieu thereof the following section :—

Transfers.

46. Where land under the provisions of this Act is intended to be transferred, or any easement affecting land under the provisions of this Act is intended to be created, the proprietor shall execute a memorandum of transfer in the approved form.

Subst. sec.

(b) by omitting section 46a and by inserting in lieu

46a.	thereof the following section ;—

Construction	46a. a reference to this section in any other
of references

to this	Act, or in any by-law, regulation, ordinance or in
section.

any

Real Property (Amendment).

any other instrument or document whatsoever, No. 23 ,1970

whether of the same or of a different kind or

nature, shall be read and construed—

(a)	in relation to anything done before the commencement of the Real Property (Amendment) Act, 1970, as a reference to this section as enacted at the time that thing was done; and
(b)	in relation to anything done or to be done after that commencement, as a reference to section 31a of this Act.

(c)

by omitting section forty-seven and by inserting in

lieu thereof the following section :—

47.

47. (1) Where an easement burdening land under the provisions of this Act is created for the easements, purpose of being annexed to or used and enjoyed together with other land under the provisions of this Act, the Registrar-General shall, in addition to any other recording by this Act required, record particulars of the dealing creating the easement upon the folio of the Register evidencing title to the land to which the easement is annexed or with which it is to be used and enjoyed.

(2) An easement may, by a memorandum of lease, be granted in or over land, other than the demised land, of which the lessor is registered as proprietor under this Act, where it is granted for the purpose of being annexed to or used and enjoyed together with the estate or interest of the lessee under the lease.

(3) An easement may, by a memorandum of lease, be reserved in or over the demised land for the purpose of being annexed to or used and enjoyed together with other land of which the lessor is registered as proprietor under this Act.

(4)

Real Property {Amendment).

No. 23, 1970

(4)

On registration of a memorandum of

lease which grants or reserves an easement the Registrar-General shall record particulars of the easement—

(a)	where the easement is granted under sub section two of this section, upon the folio of the Register, or the registered lease, evidencing title to the land burdened by the easement; or
(b)	where the easement is reserved under sub section three of this section, upon the folio of the Register, or the registered lease, evidencing title to the land to which the easement is to be annexed or with which it is to be used and enjoyed.

(5) Particulars of a dealing effecting a disposition of a registered easement in gross may be recorded upon the transfer or other instrument whereby the easement in gross was created or is evidenced and thereupon the dealing shall be deemed to be duly registered.

(6) An easement recorded in the Register may be released wholly or partly by a transfer registered under this Act and altered as the circumstances of the case may require.

(7) An easement recorded in the Register shall not be extinguished solely by reason of the same person becoming proprietor both of the land burdened and of the land benefited by the ease ment, notwithstanding any rule of law or equity in that behalf.

(8)	The provisions of subsection seven of

this section shall only apply to easements which,

according

Real Property {Amendment).

according to the Register, subsist at the commence- No. 2 3 ,1970

ment of the Real Property (Amendment) Act, 1970, and to easements recorded in the Register after that commencement.

(d) by omitting section 47a ;

Sec. 47a.

(Release of easement.)

(e) by omitting section 48;

Sec. 48.

(If estate of

freehold be

transferred,

certificate of

title to be

delivered up

and can

celled

unless the

whole land

in the

certificate

is trans

ferred.)

(f)

by omitting section forty-nine and by inserting in Subst.

lieu thereof the following section ;—

sec. 49.

49. (1) In this section “Crown land” means Land that land which has ceased to be subject to the provi-

and

sions of this Act and has become Crown land within

the meaning of the Crown Lands Acts.

(2) Where the Registrar-General becomes aware, whether by lodgment of a dealing or other wise, that land comprised in a folio of the Register has become Crown land, he shall record that fact in the Register and also upon the grant or certifi cate of title relating to the land when it is available to the Registrar-General.

(g) by omitting section fifty;

Sec. 50.

(Fresh certi

ficate to be

issued to

purchaser,)

(h)

Real Property {Amendment).

No. 23, 1970

(h) (i) by omitting from subsection one of section

Sec. 53.	fifty-three the words “form of the Eighth
(Lands	Schedule hereto” and by inserting in lieu
under the
provisions	thereof the words “approved form” ;
of this Act

—how	(ii) by omitting subsection two of the same

leased.)

section;

(iii) by omitting from subsection three of the same section the words “memorandum of transfer to such lessee of the said land and the fee-simple thereof, and to perform all necessary acts by this Act prescribed for the purpose of trans ferring to a purchaser the said land and the fee-simple thereof” and by inserting in lieu thereof the words “transfer the said land to such lessee” :

Sec. 54.

(i) (i) by omitting from subsection one of section

(Lease may	fifty-four the words “there shall be endorsed
be surren
dered by	upon such lease or on the counterpart thereof,
endorse	the word ‘surrendered’ with the date of such
ment by
lessee with	surrender, and such endorsement shall be
concurrence	signed by the lessee and by the lessor as evid
of lessor.)	ence of the acceptance thereof, and shall be attested by a witness” and by inserting in lieu thereof the words “the lessee and lessor shall execute a memorandum of surrender of lease in the approved form” ;

(ii) by omitting subsection two of the same section and by inserting in lieu thereof the following subsection :—

(2)	The Registrar-General shall record a

surrender under subsection one of this section upon the registered lease and also upon the folio of the Register, or the registered lease, evidencing title to the reversion.

(iii)

Real Property {Amendment).

(iii) by omitting from subsection three of the same No. 23,1970

section the words “such entry having been so made in the register-book” and by inserting in lieu thereof the words “a surrender having been recorded under subsection two of this section” ;

(iv) by omitting subsection four of the same section;

(3)

(i)

by omitting from section fifty-five the words Sec. 55.

“In any case under section seventy-nine of this (Registrar- Act the” and by inserting in lieu thereof the Snê parti-

word “The” ;

culars of

re-entry m

(ii)

by omitting from the same section the words “note the same by entry in the register-book” and by inserting in lieu thereof the words “record the re-entry and recovery in the Register” ;

(k) (i) by omitting from subsection one of section Sec. 56. fifty-six the words “in favour of any mortgagee (Lands the mortgagor” and by inserting in lieu thereof Act hoŵ*

the words “the proprietor” ; mortgaged

or encum-

(ii) by omitting from the same subsection the words “form of the Ninth Schedule hereto” and by inserting in lieu thereof the words “approved form” ;

(iii) by omitting from subsection two of the same section the words “in favour of any encum- brancee, the encumbrancer” and by inserting in lieu thereof the words “the proprietor” ;

(iv) by omitting from the same subsection the words “form of the Tenth Schedule hereto” and by inserting in lieu thereof the words “approved form” ;

(V)

P 19089—15

Real Property {Amendment).

No. 23, 1970

(v) by omitting subsection three of the same

section;

(vi) by omitting from subsection four of the same section the words “the grant or certificate of title of” ;

(vii) by omitting from subsection five of the same section the words “enter a memorial of the instrument in which such easement is expressed to be included upon the folium of the register- book constituted by the existing grant or certi ficate of title of the land over which the easement is expressed to be included” and by inserting in lieu thereof the words “record particulars of the easement upon the folio of the Register or, as the case may be, the registered lease, evidencing title to the land burdened by the easement” ;

(viii) by omitting from subsection six of the same section the words “entry or” ;

Sec. 56a.

(1) (i) by omitting from subsection one of section

(Postpone	56a the words “or to the effect of a form
ment of	which may be prescribed under the Convey
mortgages.)	ancing Act, 1919-1930, and registered under this Act” and by inserting in lieu thereof the words “the approved form” ;

(ii) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection :—

(3)	Registration of a memorandum under

this section shall be effected by recording the effect thereof upon the folio of the Register or registered dealing on which the mortgages referred to in the memorandum have been registered and upon those mortgages.

(m)

Real Property {Amendment).

(m)	by omitting subsection three of section 56b and by No. 23, 1970 inserting in lieu thereof the following subsection :—

(Special pro-

( 3 )

Upon registration of any such dealing the vision as to

Registrar-General shall make such recordings in the Register as may be necessary to give effect to the dealing.

(n) by omitting subsection four of section fifty-eight;

Sec. 58.

(Power to

sell.)

(o)	by omitting section fifty-nine and by inserting in Subst. sec. lieu thereof the following section :—

59. The Registrar-General shall, for the purpose Registration

of a sale authorised by section fifty-eight of this

Act, register a transfer executed by a mortgagee mortgagee

or encumbrancee in the approved form and, upon

that registration, the estate or interest of the

mortgagor or encumbrancer in the land comprised

in the transfer shall pass to and be vested in the

transferee, freed and discharged from all liability

on account of the mortgage or encumbrance, or of

any mortgage or encumbrance registered subse

quent thereto.

(p)

(i) by omitting paragraph (b) of section sixty; sec.60.

(ii)	by omitting from paragraph (c) of the same of^default,

section the words “or making any distress as entry

possession,

aforesaid” ;

distress

ejectment,)

(iii) by omitting from the same section the words “or distress” ;

(q) (i) by omitting from subsection two of section sec.6i.

sixty-one the words “given to the mortgagor (orfore- by leaving the same at his usual or last known ‘='°sure.) place of abode, if such place be within three

miles of the residence of such mortgagee, or by forwarding the same by registered letter

through

Real Property (Amendment).

No. 23,1970	through the post office, if such place be
beyond that distance” and by inserting in lieu thereof the words “served on the mortgagor in the manner prescribed by section one hundred and seventy of the Conveyancing Act, 1919” ;

(ii) by omitting from subsection four of the same section the words “oath or” ;

Sec. 62.	(r) by omitting from subsection two of section sixty-
how made

(Application

two the words “entered in the register-book” and

effective.)

by inserting in lieu thereof the words “recorded in

the Register” ;

Subst. sec.

(s) by omitting section sixty-five and by inserting in

65. lieu thereof the following section :—

Discharge	65. (1) Whenever a mortgage or encumbrance
of mort

gages and

registered under this Act is intended to be dis

encum

charged wholly or partially the mortgagee or

brances.

encumbrancee shall execute a discharge in the

approved form.

(2)	Upon registration of a discharge of

mortgage or encumbrance the mortgaged or encumbered estate or interest shall, to the extent specified in the discharge, cease to be charged with any moneys secured by the mortgage or encumbrance.

Sec. 66.

(t) (i) by omitting from subsection one of section

(Recording

sixty-six the words “make an entry in the

satisfaction

of annuity.)

thereof the words “record in the Register” ;

(ii) by omitting from subsection two of the same section the word “entry” and by inserting in lieu thereof the word “recording” ;

(iii) by omitting subsection three of the same section;

( u )

Real Property {Amendment).

(u) by omitting Division 4 of Part VII;

No. 23, 1970

Part VII.

Division 4.

(Dealings

outside

New South

Wales.)

(v) by omitting section seventy-two and by inserting Subst.

in lieu thereof the following section :—

sec. 72.

72. (1) Where—	Lodging of
certain
caveats.

(a)	a settlor transfers land that is under the provisions of this Act to be held by the transferee as trustee; or
(b)	any person claims under an unregistered dealing or by devolution in law or otherwise, an estate or interest in land under the provisions of this Act,

that settlor or person may, by caveat in the approved form, forbid the recording in the Register of any dealing affecting the estate or interest evidenced by the folio of the Register, or by the registered dealing, specified in the caveat until after notice of the intended dealing given to the caveator as may be required in the caveat.

(2) A caveat referred to in subsection one of this section shall state—

(a)	the name and address of the caveator and, unless the Registrar-General dispenses therewith, of the registered proprietor;
(b)	an address for service of notice on the caveator;
(c)	the estate or interest claimed by the caveator;
(d)	the folio of the Register, or the registered dealing, affected by the caveat; and

(e)

Real Property {Amendment).

No. 23, 1970

(e) where the caveat relates to part of the land in a folio of the Register or in a registered dealing, such further description as may be necessary to identify the subject land,

and shall be signed by the caveator or by his

solicitor, known agent or attorney.

(3) Where a person entitled to withdraw a caveat notifies the Registrar-General, by lodging a notice in the approved form, that the name of the caveator or the address for service of notice on the caveator has been changed from the name or address specified in the caveat the Registrar- General shall record on the caveat the name or address so notified and thereupon the name or address so recorded shall be the name or address for service of notice on the caveator.

(4) A notice relating to a caveat referred to in subsection one of this section, or to any pro ceedings in respect thereof, if served at the address given in or recorded on the caveat or, where the caveat was signed by a solicitor, at the office of that solicitor, shall be deemed to have been duly served.

(5) Service of a notice in accordance with subsection four of this section may be dispensed with where the Registrar-General is satisfied that the notice cannot be so served and—

(a)	notice is served in such manner (by adver tisement or otherwise) and upon such persons (if any) as the Registrar-General directs by writing under his hand; or
(b)	the Registrar-General directs by writing under his hand that service of notice be dispensed with.

( 6 )

Real Property {Amendment).

(6) A caveat may be withdrawn—

No. 23, 1970

(a)	by the caveator, his solicitor or his agent authorised in that behalf;
(b)	where the caveator is dead, by the executor or administrator of the caveator or where the estate or interest claimed in the caveat was held, or in the caveat was claimed to be held, by caveators as joint tenants, by the surviving caveator;
(c)	by the trustee. The Official Receiver in Bankruptcy, or other person in whom the estate or interest claimed in the caveat has vested pursuant to any Act or Act of the Parliament of the Commonwealth relating to bankruptcy; or
(d)	by the person to whom is entrusted, pur suant to the Mental Health Act, 1958, the management and care of the estate or interest claimed in the caveat.

(7) On lodgment for registration of a dealing with land affected by a caveat, if the Registrar-General is satisfied that upon registration the dealing will vest in the person named as caveator the estate or interest claimed by him in the caveat, the Registrar-General may register the dealing notwithstanding the caveat and the pro visions of sections seventy-three and seventy-four of this Act, and may record in the Register that the caveat has lapsed.

(w)	by omitting section seventy-three and by inserting Subst.sec. in lieu thereof the following section ;—

73. A caveat lodged pursuant to section seventy- Lapsing of

two of this Act shall, unless an order to the contrary caveat,

is made by the Supreme Court and the order is

served

Real Property {Amendment).

No. 23, 1970

served on, or written notice thereof is given to, the Registrar-General, lapse upon the expiration of fourteen days after—

(a)	notice has been duly served on the caveator, or has been served pursuant to paragraph (a) of subsection five of section seventy- two of this Act, and is to the effect that a dealing prohibited by the caveat has been lodged for registration; or
(b)	the Registrar-General has, pursuant to paragraph (b) of subsection five of section seventy-two of this Act, directed that service on the caveator of notice of a dealing be dispensed with.

Sec. 73a.	(x) by omitting from section 73a the words “has
caveat

(Removal of	ceased to” and by inserting in lieu thereof the
where	words “does not” ;
caveator’s interest has terminated.)

Subst.

(y) by omitting section seventy-four and by inserting

sec. 74.

in lieu thereof the following section ;—

Recording	74.	(1) Subject to this section, so long as a
of dealing

while	caveat remains in force, the Registrar-General shall
caveat in	not, except with the written consent of a person
force.	entitled to withdraw the caveat, record in the Register any dealing the recording of which is prohibited by the caveat.
(2) Subsection one of this section shall not operate to prevent the recording of a dealing referred to in that subsection which, when the caveat so referred to was lodged with the Registrar- General, had previously been so lodged in registrable form within the meaning of subsection six of section thirty-six of this Act.

(3)

Real Property {Amendment).

(3) Except to the extent that it otherwise No. 2 3 ,1970

specifies, a caveat shall not prevent the Registrar-

General from recording in the Register—

(a)	an application made pursuant to section ninety-three of this Act by an executor, administrator, or trustee in respect of the estate or interest of a deceased registered proprietor;
(b)	an applieation pursuant to seetion twelve of the Trustee Act, 1925;
(c)	a transfer which the Registrar-General is satisfied evidences a transition of trustee ship;
(d)	an application pursuant to section one hundred and one of this A ct;
(e)	an application pursuant to section 46c of this Act;
(f)	a resumption applieation within the meaning of Part Va of this A ct;

(g) a writ of execution; or

(h)	any dealing where the dealing is by the registered proprietor of a lease, mortgage, or eneumbrance to the registration of which the caveator consented, or in respeet of which the caveat lapsed.

12.	The Principal Act is further amended—	Further
amendment of Act No.
25, 1900.

(a) (i) by omitting subsection one of section eighty-

two and by inserting in lieu thereof the

notice

following subsection;— ̂

of trusts to be recorded

(1)	Except as provided by paragraph (f) m Register.)

of section twelve of this Act the Registrar- General shall not record in the Register any

notice

Real Property {Amendment).

No. 23, 1970

notice of trusts whether express, implied, or

constructive.

(ii) by omitting from subsection three of the same section the word “enter” and by inserting in lieu thereof the words “record in the Register” ;

(iii) by omitting from the same subsection the words “, and thereupon the words ‘caveat number’ (the proper number being filled in) shall be stamped or written upon the folium of the register comprising the land referred to in such instrument” ;

(iv) by omitting subsection four of the same section ;

Subst.

(b) by omitting section eighty-four and by inserting in

sec. 84.

lieu thereof the following section : —

Barring of

84. Where before the commencement of the

survivor	Real Property (Amendment) Act, 1970, the words
ship among
trustees in	“no survivorship” were recorded in the Register
certain	it shall not be lawful for any less number of joint
cases.	proprietors than the number registered at the time those words were so recorded to deal with the land affected by the recording without obtaining the sanc tion of the Supreme Qjurt or a Judge thereof.

Sec. 85.

(Notice to	eighty-five the words “or to make” and by
before
be published	inserting in lieu thereof the words “or make” ;

order.)

(ii)

by omitting from subsection two of the same section the word “entries” and by inserting in lieu thereof the words “recordings in the Register” ;

Subst.

(d) by omitting section eighty-six and by inserting in

sec. 86.	lieu thereof the following section:—
Recording	86. (1) Where an order is made by a court provisions of this Act in any person, the Registrar- General on being served with an office copy of the
of vesting	of competent jurisdiction vesting land under the
order.

order

Real Property {Amendment).

No. 23, 1970	(n)	(i)	by omitting from subsection one of section one
Sec. 115.	hundred and fifteen the words “fee specified
(Certified	in the Nineteenth Schedule hereto” and by
copies to be
furnished by	inserting in lieu thereof the words “prescribed
Registrar-	fee” ;
General
and to be

evidence.)

(ii) by omitting from subsection two of the same section the word “endorsed” and by inserting in lieu thereof the word “recorded” ;

Subst.

(o) by omitting section one hundred and sixteen and

sec. 116.	by inserting in lieu thereof the following section : —
Searches.	116. (1) The Register shall be a public record and information therein shall be available at the prescribed times, in the prescribed manner, and upon payment of the prescribed fee.
(2) Where the Registrar-General supplies, information in response to a written inquiry as to the manner in which a proposed dealing or plan: should be drawn, or whether a proposed dealing o r plan should be entitled to registration, by or under this or any other Act—

(a)	the Registrar-General may require payment of a prescribed fee, or may supply the infor mation without fee; and
(b)	the fact that any such information has beett so supplied shall not, of itself, bind the Registrar-General to register or otherwise give effect to any dealing or plan, or any class of dealing or plan.

(3) A regulation prescribing a fee for the- purposes of paragraph (a) of subsection two of this section may—

(a)	prescribe the fee to be paid in the circum stances specified in the regulation;

(b)

Real Property {Amendment).

(b)	require, in the circumstances specified inNo. 23,1970

the regulation, the payment of a fee calcu lated on such basis as may be prescribed by the regulation; or

(c)	authorise the Registrar-General to charge, in circumstances not provided for under paragraph (a) or (b) of this subsection, a reasonable fee.

<p) (i) by omitting from subsection one of section Sec. 117.

one hundred and seventeen the words “instru- (Authority ment purporting to deal with or” and by register.) inserting in lieu thereof the words “other

dealing purporting to” ;

<ii) by omitting from the same subsection the word “instrument” where secondly occurring and by inserting in lieu thereof the word “dealing” ;

'(iii) by omitting from subsection two of the same section the word “instrument” and by inserting in lieu thereof the word “dealing” ;

'(iv) by omitting from subsection three of the same section the words “instrument, or any duplicate thereof,” and by inserting in lieu thereof the words “application or other dealing”.

16.

The Principal Act is further amended—

Further

amendment

of Act No.

25, 1900.

(a) by omitting section one hundred and eighteen;

Sec. 118.

(Fees.)

(b)

(i)

by omitting from subsection one of section one Sec. 120.

hundred and twenty the word “Colonial” ;

(Registrar- General to pay moneys

(ii)

by omitting from the same section the word into

“said” wherever occurring.

Jnd'to”'̂ ^

render

accounts .1

Real Property (Amendment).

No. 23,1970

17.

The Principal Act is further amended—

Further

amendment

of Act No.

25, 1900.

Sec. 121.	(a) (i) by omitting from subsection one of section
may

(Proprietor	one hundred and twenty-one the words “or
summon	transmission registered or recorded, or to have
Registrar-
General to	any certificate of title, registration, abstract,
show cause	foreclosure, order,” and by inserting in lieu
if dis
satisfied.)	thereof the words “registered or recorded, or to have any certificate of title, order for foreclosure” ;

(ii) by omitting subsection three of the same section and by inserting in lieu thereof the following subsections :—

(3) The proprietor shall serve a summons under this section on such persons in addition to the Registrar-General, and shall give such notice of the summons by advertisement or otherwise, as the Court of Appeal thinks fit.

(4) If, in any proceedings under this section, a person who, but for this subsection, would be required by the Court of Appeal to be served with a summons under this section cannot be found within New South Wales, or if it is uncertain whether he is living or dead, or if the summons cannot be served on him without expense disproportionate to the value of his interest, the Court of Appeal may dispense with notice to him, and he shall thereupon be taken to have submitted to such order as the Court of Appeal may make on the hearing of the summons.

(5) A person served with a summons

under this section and, with the leave of the

Court of Appeal, any person interested, may

appear

Real Property {Amendment).

appear and take part in proceedings instituted No. 23, 1970

by the summons generally as if he were a

respondent to the summons.

(6)	The Court of Appeal may give such

directions as it thinks fit for the settlement and determination of issues of fact and for the reception of evidence (including evidence by afiidavit) and otherwise for the disposal of proceedings instituted by a summons under this section.

(7)	In proceedings instituted by a sum

mons under subsection one of this section, the Registrar-General may, with the leave of the Court of Appeal, substantiate and uphold his refusal or direction on grounds other than the grounds set forth by him under that sub section.

(8)	In proceedings instituted by a sum

mons under subsection one of this section, the

Court of Appeal—

(a) shall either—

(i) uphold the refusal or direction of the Registrar-General; or

(ii) make an order for action by the Registrar-General to give effect wholly or partly to the application of the proprietor, or an order that such direction as the Court of Appeal thinks fit be substituted for the direc tion of the Registrar-General; and

(b)

Real Property {Amendment).

No. 23, 1970

(b) may make such further or other order- in the premises as the Court of Appeal thinks fit.

Sec. 123.

(b)

(i) by inserting in section one hundred and twenty-

(Registrar-	three after the word “arises” the words “in
General
may state	respect of land under the provisions of this
a case for	Act or the subject of action under Part IV or
Court of
Appeal.)	Part I V a of this Act” ;

(ii) by inserting in the same section after the word “this” the words “or any other” ;

(c)	by omitting from section 123a the words “the three

Sec. 123a.

(Order as to	last preceding sections” and by inserting in lieu
costs and
expenses.)	thereof the words “sections one hundred and twenty-one, one hundred and twenty-two and one hundred and twenty-three” ;

(d)	(i) by omitting from paragraph (d) of subsection

Sec. 126.

(Compensa	one of section one hundred and twenty-six the
tion for
party	words “any certificate of title, or in any entry
deprived of	or memorial in the register-book” and by
land.)	inserting in lieu thereof the words “the Register” ;

(ii) by omitting subsection two of the same section and by inserting in lieu thereof the following subsection :—

(2)	An action under subsection one of this

section shall, in any case in which the land to which the action relates has been included in two or more grants, or a grant in respect of that land has otherwise incorrectly issued, be brought and prosecuted against the Under Secretary for Lands as nominal defendant and.

Real Property {Amendment).

in any other case, shall, subject to subsections ^o. 23,1970

three, four and five of this section, be brought	----
and prosecuted against the person—

(a)	upon whose application the land was brought under the provisions of this Act;
(b)	upon whose application the erroneous registration was made; or
(c)	who acquired title to the land, or the estate or interest therein, through the fraud, error, omission or misdescrip tion.

(e)	by omitting from subsection one of section one sec. 127. hundred and twenty-seven the words “any certifi- (When cate of title or any entry or memorial in the register-book” and by inserting in lieu thereof the against the words “the Register” ;

nominal

defendant.)

(f)	(i)	by omitting from subsection one of section one sec. 130. hundred and thirty the word “instrument” and (Limitation by inserting in lieu thereof the word “dealing” ; of actions.)
(ii)	by omitting from subsection two of the same section the words “the disability of coverture, infancy, unsoundness of mind, or absence from New South Wales,” and by inserting in lieu thereof the words “any legal disability” ;
(iii)	by omitting subsection three of the same section and by inserting in lieu thereof the following subsection : —
(3) No action based on a claim of depriva tion of land through the bringing of that land under the provisions of this Act shall be brought against the Registrar-General where

the

Real Property {Amendment).

No. 23, 1970	the person alleging the deprivation, or the
person through or under whom he claims title, had notice by personal service or other wise or was aware that application had been made to bring the land under the provisions of this Act, and had wilfully or collusively omitted to lodge a caveat forbidding the bring ing of the land under the provisions of this Act or had allowed such a caveat to lapse.

Sec. 131.

(g) (i) by omitting from subsection two of section

(Moneys	one hundred and thirty-one the word
paid in
respect of	“Colonial” ;

a claim on assurance fund may be

(ii) by omitting from the same subsection the

recovered	words “the official assignee” and by inserting
against
estate of	in lieu thereof the words “The Official
deceased or	Receiver in Bankruptcy” ;
bankrupt person.1

Sec. 132.

(h) by omitting from subsection one of section one

(Where

hundred and thirty-two the word “Colonial” ;

person

liable is out

of New

South

Wales.)

Sec. 134.

(i) by inserting at the end of section one hundred and

(Registrar-

thirty-four the following new subsection :—

General not to be liable for acts	(2)	A successful claim against the Registrar-
done bona

fide.)

General under this Act shall be satisfied in the manner provided by law for the satisfaction of claims against the assurance fund.

Sec. 135.

(j) by inserting in section one hundred and thirty-five

(Purchasers	after the word “error,” where firstly and secondly
and mort	occurring the words “or under any void or voidable

gagees

protected.)

instrument,”.

Real Property {Amendment).

18.

The Principal Act is further amended—

No. 23, 1970

Further

amendment

of Act No.

25,1900.

(a) (i) by omitting subsection one of section one Sec. 136.

hundred and thirty-six and by inserting in lieu (Holder of thereof the following subsection :— or̂ otoer**

instrument

■	(1) Where the Registrar-General is sa tis-title

ISSUCu HI

b e d

th a t—

error or

wrongfully

'	(a) a certificate of title or grant has been retained to

■'V-,-,.

issued in error or contains any mis

description of land or of boundaries; against

cancellation

(b)	a recording has been made in error in orcorrec- the Register;
(c)	a grant, certificate of title or recording in the Register has been fraudulently or wrongfully obtained; or
(d)	a grant, certificate of title or duplicate registered dealing is fraudulently or wrongfully retained,

he may summon the person to whom the grant, certificate of title or duplicate reg istered dealing, as the case may be, has been issued, or by whom it has been so obtained or is retained, to deliver it to him for the purpose of being cancelled or corrected, as the case may require.

(ii) by omitting from subsection two of the same section the words “other instrument” and by inserting in lieu thereof the words “duplicate registered dealing” ;

(i)	hundred and thirty-seven the words “such

by omitting from subsection one of section one Sec. 137. as aforesaid” and by inserting in lieu thereof

the Registrar-

General.)

Real Property (Amendment).

No. 23, 1970

the words “the grant, certificate of title or duplicate registered dealing to which the summons relates” ;

(ii) by omitting from subsection three of the same section the words “issue to the proprietor of the said land such certificate of title or other instrument as is herein provided to be issued in the case of any grant or certificate of title being lost, mislaid, or destroyed, and shall enter in the register-book notice of the issuing of the said certificate of title or other instru ment and the circumstances under which the same was issued and such other particulars as he may deem necessary” and by inserting in lieu thereof the words “take action under the authority conferred upon him by sub section three of section thirty-eight, or by section one hundred and eleven, of this Act” ;

Sec. 138.	(c) by omitting from section one hundred and thirty-
(Court may

direct	eight the words “cancel any certificate of title or
cancellation	other instrument, or any entry or memorial in the
of certifi
cate or	register-book relating to such land, and to substitute
recording.)	such certificate of title or entry” and by inserting in lieu thereof the words “take such action in respect of the Register, including the cancellation or amendment of any folio thereof or of any recording therein and the issue of such new certificate of title or the substitution of such new recording”.

19. The Principal Act is further amended—

Further

amendment

of Act No.

25, 1900.

Sec. 141.	(a) by omitting from paragraph (a) of subsection one
(Certain

fraudulent	of section one hundred and forty-one the words
acts to be	“or other instrument, or of any entry in the register-
deemed
misde	book, or of any erasure or alteration in any entry
meanours.)

Real Property (Amendment).

in the register-book” and by inserting in lieu thereof No. 2 3 , 1970

the words

recording in the Register, or of any

alteration in any such recording” ;

(b)	by omitting from paragraph (c) of the same subsection the words “or transmission” ;
(c)	by omitting from subsection two of the same section the words “entry, erasure,” and by inserting in lieu thereof the word “recording”.

2 0 . The Principal Act is further amended by inserting Further

next after section one hundred and forty-three the following

^ 0°*

new P a r t:—

2 "^ '.9 0 0 . ’

New Part.

XVIII.

PART XVIII.

R e g u l a t io n s .

144. The Governor may make regulations not Regulations,

inconsistent with this Act prescribing all such matters as are by this Act required or permitted to be prescribed or as may be necessary or convenient to be prescribed for the administration of this Act and, without prejudice to the generality of the foregoing, may make regulations prescribing—

(a)	the fees, charges and expenses recoverable by the Registrar-General in the administration of this A ct; and
(b)	the circumstances in which, and the extent to which, fees and charges recoverable under the regulations may be refunded.

2 1 . The Principal Act is further amended by omitting the Further

Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth,

Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, 2 5 , iW .°

Sixteenth, Seventeenth, Eighteenth, Nineteenth and Twentieth (Schedules.!

Schedules.

22.

P 19089—16

Real Property {Amendment).

No. 23, 1970

22. The Principal Act is further amended by inserting

Further	next after section 46a the following new sections :—
amendment of Act No.
25, 1900.

Where	46b . (1) Where, before the commencement of the
roads are

included in	Real Property (Amendment) Act, 1921, a road or part
certificate	thereof bounding land the subject of a Crown grant, or
of title.	reserved in a Crown grant, was included within the boundaries of the land described in a certificate of title without being specifically excepted from the certificate of title by express exception or notification referring to the road, the certificate of title shall, in so far as it includes the road or part thereof, be deemed for all purposes to have been properly issued, and to include the area of the road or part thereof, as the case may be.

(2) This section shall bind the Crown.

Registrar-	46c. (1) Where, by the operation of a statute,
General

may register	either directly or by reason of anything done in
as proprietor	pursuance thereof—
person who

is entitled	(a) land under the provisions of this Act became, (Amendment) Act, 1970, or becomes, after that commencement, vested in a person (other than the registered proprietor of the land) either alone or jointly or in common with that registered proprietor; or
to land by

operation of	before the commencement of the Real Property
statute.

(b)	land that is the site of a closed road or part thereof so became, or so becomes, vested in a person registered under this Act as the pro prietor of adjoining land,

the Registrar-General may, of his own motion, and shall, at the written request of a person in whom there has been such a vesting, or who has become so entitled, on such evidence as appears to the Registrar-General suffi cient, and after such notice (if any) to such person as the Registrar-General deems proper, register the person in whom any such land is vested, or who has become so

entitled.

Real Property {Amendment).

purpose the Registrar-General may make such recordings in the Register, and issue such certificates of title, as appear to the Registrar-General to be necessary or proper.

entitled, as the proprietor of such estate therein as the No. 23, 1970

(2) Where a recording pursuant to subsection one of this section is not also made on the relevant grant, certificate of title or duplicate registered dealing, the Registrar-General shall record that fact in the Register and shall, at the request of the person entitled, issue a new certificate of title to the person in whom the land is vested.

(3) If a grant, certificate of title or duplicate registered dealing evidencing title to an estate or interest affected by a vesting registered pursuant to this section is in the possession of some person other than the person registered as proprietor under subsection one of this section and the person so in possession fails to deliver it to the Registrar-General for cancellation when required in writing by the Registrar-General so to do, the grant, certificate of title or duplicate registered dealing shall be deemed to be wrongfully retained within the meaning of section one hundred and thirty-six of this Act.

(4)	The Registrar-General shall be deemed

always to have been authorised—

(a)	to make a recording before the commencement of the Real Property (Amendment) Act, 1921; and
(b)	to issue a certificate of title before that com mencement,

that he could have made or issued had this section and section 46b of this Act been in force at the time the recording was made, or the certificate of title issued, as the case may be.

Real Property {Amendment).

No. 23, 1970

23.

(1) The Conveyancing Act, 1919, is amended-

Amendment

of Act No.

6, 1919.

Sec. 202.	(a) by omitting from paragraph (a) of subsection one
rules under

(General	of section two hundred and two the words “the
this Part	Real Property Act, 1900,” ;
of this
Act as to

registration

(b) by omitting from paragraph (c) of the same sub

and fees.)

section the words “the Real Property Act, 1900,” ;

(c)	by omitting from paragraph (e) of the same sub section the words “or the Real Property Act, 1900” ;
(d)	by inserting in the same subsection after the words “other Act” wherever occurring the words “ (except the Real Property Act, 1900)” ;
(e)	by omitting from subsection three of the same section the words “the provisions of section one hundred and eighteen of the Real Property Act, 1900, and the nineteenth schedule to such Act, or” ;
(f)	by inserting in the same subsection after the word “regulation” the words “ (except the Real Property Act, 1900, and the regulations made thereunder)”.

(2) Notwithstanding the amendments made by subsection one of this section, the regulations made under the Conveyancing Act, 1919, that—

(a)	were in force immediately before the commence ment of this Act; and
(b)	but for this subsection would be repealed by the operation of subsection one of this section,

shall remain in force until repealed by regulations made under

that Act.

Real Property {Amendment).

24. amended—

The Real Property (Amendment) Act, 1921, isNo. 23, 1970

----

Amendment

of Act No.

3, 1921.

(a) by omitting section eleven;	Sec. 11. (As to land vested in the Com monwealth under s. 85 of tne Common wealth of Australia Constitution Act.)
(b) by omitting section thirteen;	Sec. 13. (Where roads are
included in certificate of title.)
(c) by omitting section fourteen.	Sec. 14. (Registrar- General may register as proprietor person entitled to land by operation of statute or by defeasance of estate.)

25.

regulation, ordinance or in any other instrument or document Acts.*̂ *̂ '”

whatsoever, whether of the same or of a different kind or

nature, to a form in a Schedule to the Principal Act shall be

read and construed as a reference to the corresponding

form approved by the Registrar-General under the Principal

Act, as amended by this Act.

A reference in any other Act, or in any by-law. Construction

26. provisions of the Evidence (Reproductions) Act, 1967.

Nothing in this Act shall be construed as affeeting the Construction

of Act.

Real Property (Amendment).

No. 23,1970

27.

Except to the extent that the Registrar-General other- ment of this Act, was authorised for use for certain purposes under the Principal Act shall be deemed to be a form approved by the Registrar-General for the like purposes under the Principal Act, as amended by this Act.

Tran^nai	directs, a form that, immediately before the commence-
provisions.

LAND