Transfer of Land Amendment Act 1996 (WA)
WESTERN AUSTRALIA
TRANSFER OF LAND
AMENDMENT ACT 1996
No. 81 of 1996
AN ACT to amend the Transfer of Land Act 1893 and to amend various other Acts for related purposes.
[Assented to 14 November 1996.]
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Transfer of Land Amendment
Act 1996.
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s. 2
Commencement
2. (1) Subject to subsections (2), (3), (4) and (5), this Act comes into operation on the day on which it receives the Royal Assent.
Sections 28, 30, 37, 42, 73, 74, 75, 76, 77, 81, 98, 134, 140
and 141 come into operation on such day as is, or days as are
respectively, fixed by proclamation.
(2)
(3) Section 6 (1), to the extent that it refers to subsections (4) and (5) (c) of section 10 of the principal Act as if those subsections had been inserted by this Act, comes into operation on the day on which section 28 comes into operation.
(4) Schedule 1, to the extent that it would amend sections 20 (2), 20A, 27A (1) and 28 (3) of the Town Planning and Development Act 1928, comes into operation on the day on which section 98 comes into operation.
If this Act receives the Royal Assent before 1 July 1996 then Schedule 1, to the extent that it would amend the Local Government Act 1995 and the Local Government (Miscellaneous Provisions) Act 1960, comes into operation on 1 July 1996.
(5)
Principal Act
3. In this Act the Transfer of Land Act 1893* is referred to as the principal Act.
| [* | Reprinted as at 7 July 1975. For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, pp. 218-9.] |
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s. 4
Section 1 repealed and a section substituted
4. Section 1 of the principal Act is repealed and the following section is substituted —
‘‘
Citation
1. This Act may be cited as the Transfer of Land
Act 1893.
’’.
Section 4 amended
| 5. | (1) | Section 4 (1) of the principal Act is amended — |
| (a) | by deleting the definition of ‘‘Addition’’; | |
| (b) | byinsertingafterthedefinitionof‘‘Annuity’’the following definition — | |
| ‘‘ |
‘‘Approved form’’ means a form approved by the Registrar of Titles.
’’;
| (c) | by inserting after the definition of ‘‘Crown Lease’’ the following definition — |
‘‘
‘‘Department’’ means the department of the Public Service principally assisting the Minister in the administration of this Act.
’’;
| (d) | inthedefinitionof‘‘Endorsed’’,byinsertingafter ‘‘written’’ the following — |
‘‘
, noted or marked, by means approved by
the Registrar of Titles,
’’;
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s. 5
| (e) | inthedefinitionof‘‘Instrument’’,bydeleting‘‘and creation of an easement’’ and substituting the following — |
‘‘
, the creation of an easement or restrictive covenant and also includes a document lodged with a plan or diagram under Part IVA for the purpose of creating an easement or restrictive covenant under that Part
’’;
| (f) | byinsertingafterthedefinitionof‘‘Land’’the following definition — |
‘‘
‘‘Metropolitan region’’ means the region described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959.
’’;
| (g) | byinsertingafterthedefinitionof‘‘Minister’’the following definition — |
‘‘
‘‘Minister for Lands’’ means the Minister to whom the administration of the Land Act 1933 is committed.
’’;
| (h) | byinsertingafterthedefinitionof‘‘Proprietor’’the following definition — |
‘‘
‘‘Public authority’’ means —
| (a) | a Minister of the Crown in right of the State; |
| (b) | a n y S t a t e G o v e r nm e n t department, State trading |
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s. 5
concern, State instrumentality
or State agency; or
| (c) | anypublicstatutorybody, whether or not corporate, established under a written law but not including a local government. |
’’;
(i) by inserting after the definition of ‘‘Qualified valuer’’ the following definition —
‘‘
‘‘Register’’ means the Register referred to
in section 48.
’’;
| (j) | in the definition of ‘‘Sheriff ’’, by deleting ‘‘writ or’’ and substituting the following — |
‘‘ writ of ’’; and
| (k) | byinsertingafterthedefinitionof‘‘Sheriff’’the following definitions — |
‘‘
‘‘Strata/survey-strata plan’’ has the meaning that it has in the Strata Titles Act 1985;
‘‘Symbol’’ means a symbol approved by the Registrar under section 48C.
’’.
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s. 6
Section 4 of the principal Act is amended by inserting after subsection (2) the following subsection —
(2)
‘‘
In this Act, a reference to a ‘‘short form’’ in relation to an easement of a type described in column 2 of Schedule 9A is a reference to the corresponding short form description of that type of easement set out in column 1 of that Schedule.
(3)
’’.
Section 10 repealed, a section substituted and savings
6. (1) Section 10 of the principal Act is repealed and the
following section is substituted —
‘‘
Seal
10. (1)
The Registrar shall have a seal which shall
be in a form, and applied by means, approved by the
Registrar.
(2) Certificates of title and other documents purporting to be marked with the seal shall be admissible as evidence without further proof.
(3) The mark of the seal on any entry or memorandum entered in the Register or on any registered instrument or its duplicate shall be treated by all courts as conclusive evidence that —
| (a) | theentryormemorandumhasbeenduly entered in the Register; and |
| (b) | the instrument, or the instrument to which the duplicate, entry or memorandum relates, has been duly registered. |
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s. 7
(4) The mark of the seal on any memorandum referred to in section 54 shall be treated by all courts as conclusive evidence that the memorandum has been duly filed under that section.
All courts, judges and persons acting judicially shall take judicial notice of the seal on —
(5)
| (a) | any entry or memorandum entered in the Register; |
| (b) | any registered document or its duplicate; or |
| (c) | any memorandum filed under section 54, |
and shall presume that the seal was approved by the
Registrar and that the seal was duly affixed.
’’.
(2) Section 10 of the principal Act as it was in effect immediately before the commencement of subsection (1) continues to have effect in relation to any document or its duplicate and to any memorandum or entry that was sealed, signed, or initialled before that commencement.
Section 18 repealed and a section substituted
7. Section 18 of the principal Act is repealed and the following
section is substituted —
‘‘
Registration of unalienated land to be under this Act
18. Where any Crown land not alienated before section 7 of the Transfer of Land Amendment Act 1995 comes into operation is to be alienated after that time, the grant in fee simple of that land shall be delivered to the Registrar who shall create and register a
| No. 81] certificate of title for the land in accordance with the grant. | Transfer of Land Amendment Act 1996 |
s. 8
’’.
Section 20 amended
8. Section 20 of the principal Act is amended —
|
‘‘ prepared for registration ’’;
| (b) | in paragraph (vii), by deleting ‘‘issue’’ and substituting the following — | ||
| |||
| (c) | intheproviso,bydeleting‘‘directedtoissue’’and substituting the following — |
‘‘ prepared for registration ’’.
Section 23 amended
9. Section 23 of the principal Act is amended by deleting ‘‘in the office and shall send through the post office a registered letter marked outside ‘‘Office of Titles’’ containing a copy of such notice addressed to every person whom the Commissioner shall have directed to be served with notice and to the persons stated in the application to be occupiers of the land and (unless the land shall be an entire Crown allotment) to the occupiers and owners of the lands contiguous thereto and to’’ and substituting the following —
‘‘
at the Department’s office and shall serve a copy of the notice on every person whom the Commissioner has directed to be served with such notice, the persons stated in the application to be occupiers of the land,
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s. 10
the occupiers and owners of the lands contiguous to the land (unless the land is an entire Crown allotment) and
’’.
Section 24 amended
10. Section 24 of the principal Act is amended by deleting
‘‘issue’’ and substituting the following —
‘‘ create ’’.
Section 25 amended
11. Section 25 of the principal Act is amended by deleting ‘‘to
the land in the form in the Fifth Schedule hereto’’ and
substituting the following —
| ‘‘ | , in an approved form, to the land | ’’. |
Section 27 amended
12. Section 27 of the principal Act is amended by deleting
‘‘issue of an amended’’ and substituting the following —
‘‘ amendment of a ’’.
Section 28 amended
13. Section 28 of the principal Act is amended by deleting
‘‘issue’’ and substituting the following —
| ‘‘ | direct the Registrar to create and register | ’’. |
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s. 14
Section 29 amended
14. Section 29 of the principal Act is amended by deleting
‘‘issue’’ and substituting the following —
| ‘‘ | direct the Registrar to create and register | ’’. |
Section 30 amended
15. Section 30 of the principal Act is amended —
|
| ‘‘ an approved form | ’’; and |
| (b) | by deleting ‘‘No such caveat shall be received unless some address or place within the limits of the city of Perth shall be appointed therein as the place at which notices and proceedings relating to such caveat may be served.’’ and substituting the following — |
‘‘
A caveat under this section cannot be lodged unless it contains an address, or a number for a facsimile machine, in Australia for the service of notices in relation to the caveat.
’’.
Section 33 amended
16. Section 33 of the principal Act is amended —
|
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s. 17
| (b) | bydeleting‘‘towhomhemayhavedirecteda certificate of title to be issued’’ and substituting the following — |
‘‘
in whose name a certificate of title would be created if the application were to be successful
’’.
Section 38 amended
17. Section 38 of the principal Act is amended by deleting
‘‘directed to issue shall die’’ and substituting the following —
| ‘‘ prepared for registration dies | ’’. |
| Section 40 repealed |
18. Section 40 of the principal Act is repealed.
Section 41 repealed
19. Section 41 of the principal Act is repealed.
Section 43 amended
20. Section 43 of the principal Act is amended by deleting ‘‘For every memorial which shall be acted on as the evidence of a conveyance in fee there shall be paid to the assurance fund in augmentation thereof an additional sum of two dollars.’’.
Section 44 repealed
21. Section 44 of the principal Act is repealed.
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s. 22
Section 45 amended
22. Section 45 of the principal Act is amended by deleting ‘‘upon the applicant contributing to the assurance fund in augmentation thereof such an additional sum of money as the Commissioner shall certify under his hand to be in his judgment a sufficient indemnity by reason of the non-production of any document affecting the title or of the imperfect nature of the evidence of title or against any uncertain or doubtful claim or demand arising upon the title’’.
Section 48 repealed and sections substituted
23. Section 48 of the principal Act is repealed and the following sections are substituted —
‘‘
The Register
48. (1) The Registrar shall cause a Register of certificates of title to be maintained for the purposes of this Act.
(2) The Register may be maintained in any medium for the storage and retrieval of information or combination of such media —
| (a) | whether or not the kind of medium is the same as that in which the information was originally presented for registration or lodgment; and |
| (b) | where, in the opinion of the Registrar, the medium or combination is appropriate having regard to the purposes of this Act. |
Where a record of information in the Register deteriorates or is incomplete, the Registrar may cause
(3)
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s. 23
another record to be prepared or the record to be completed, as the case may be, and the new or completed record then has effect as the record for the purposes of the Register.
(4) The Registrar may prepare the new or completed record from such evidence as is available as to the content of the original or complete record, as the case may be.
Certificates of title
48A. (1) Each certificate of title created for
registration shall be in an approved form.
The Registrar shall endorse on each certificate of title the particulars of all dealings and matters affecting the land that is the subject of the certificate where the particulars are required by this Act to be registered or entered in the Register and such endorsement shall be in a manner that preserves the priorities of those dealings or matters.
(2)
Duplicate certificates of title
48B. (1) Where a certificate of title has been registered the Registrar shall issue a duplicate certificate of title to the proprietor of the land that is the subject of the certificate of title unless the proprietor requests, in an approved form, that —
| (a) | a duplicate certificate of title not be issued; or |
| (b) | the duplicate certificate of title be issued to a person named and authorized by the proprietor, in which case the Registrar |
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s. 23
shall issue the duplicate certificate to that
person.
(2) Where the Registrar issues a duplicate certificate of title, the duplicate shall be in or on a medium approved by the Registrar.
Where the original proprietor of land that is
the subject of a certificate of title has requested that a
duplicate certificate of title not be issued —
(3)
| (a) | theRegistrarshallendorsethecertificate of title to that effect; and |
| (b) | nothinginthissectionpreventsthe Registrar from issuing a duplicate certificate of title on the request, in an approved form, of the person who, for the time being, is the proprietor of the land for a duplicate certificate of title to be issued to that proprietor or to a person named and authorized by that proprietor as the person to whom the duplicate may be issued. |
Symbols
48C. The Registrar may endorse a record of
information in his possession with a symbol —
| (a) | of a kind; and |
| (b) | with a meaning, |
approved by the Registrar.
’’.
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s. 24
Section 49 amended
24. Section 49 of the principal Act is amended by deleting
‘‘issued’’ and substituting the following —
‘‘ created and registered ’’.
Section 51 repealed
25. Section 51 of the principal Act is repealed.
Section 52 repealed and a section substituted
26. Section 52 of the principal Act is repealed and the following section is substituted —
‘‘
Registration of certificates of title and
instruments
| 52. | (1) | A certificate of title is registered when — |
| (a) | ithasbeenallocatedareferencenumber distinguishing it from all other certificates of title; and | |
| (b) | it has been sealed. |
(2) An instrument purporting to affect any land for which a certificate of title has been registered is registered when —
| (a) | a memorandum referred to in section 56 in relation to the original instrument has been entered in the Register on the certificate; and |
| (b) | the original instrument has been sealed. |
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s. 27
(3) The Registrar may require a person who presents a lease for registration to also lodge a duplicate of the lease.
| (4) | The person named in — |
| (a) | acertificateoftitlereferredtoin subsection (1); or |
| (b) |
an instrument referred to in subsection (2), as the proprietor or as having an estate or interest or power in relation to the land that is the subject of the certificate or the instrument shall be deemed to be the registered proprietor of the land or to have the estate or interest or power in relation to the land, as the case may be.
’’.
Section 53 repealed and a section substituted
27. Section 53 of the principal Act is repealed and the following section is substituted —
‘‘
Priority of registration of instruments
53. (1) The Registrar shall register an instrument presented for registration in the order, and from the time, of its presentation.
(2) Instruments purporting to affect the same estate or interest have priority as between each other according to the time of registration and not according to the date of the instrument, notwithstanding any actual or constructive notice.
’’.
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s. 28
Section 54 repealed and a section substituted
28. Section 54 of the principal Act is repealed and the following section is substituted —
‘‘
Incorporation of terms etc. of certain
memoranda
54. (1) In this section, ‘‘memorandum’’ means a document containing terms, conditions, covenants or other provisions purporting to affect any land under the operation of this Act.
Any person may, on payment of the prescribed
fee, lodge with the Registrar a memorandum in an
approved form.
(2)
| (3) | The Registrar may file — |
| (a) | a memorandum lodged under subsection (2) if the content is approved by the Registrar; and |
| (b) | a memorandum on his own behalf, |
and the Registrar shall allocate to each memorandum so filed a reference number distinguishing it from all other memoranda filed under this section and seal each memorandum.
A provision of a particular memorandum filed under this section may be incorporated into a certificate of title, instrument, plan, diagram or other document affecting land under the operation of this Act (‘‘the document’’), with or without amendment, by notation to that effect on the document.
(4)
A provision of a memorandum noted as being incorporated into a document under subsection (4), or
(5)
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s. 29
that provision as amended, as the case may be, shall be deemed to be set out in its entirety in the document.
(6) Nothing in this section affects any other provision of this Act by which terms, conditions, covenants or other provisions that affect land under the operation of this Act may be incorporated into a document for the purposes of this Act.
’’.
Section 55 repealed and a section substituted
29. Section 55 of the principal Act is repealed and the following section is substituted —
‘‘
Trusts
55. (1) The Registrar shall not enter in the Register notice of any trusts other than those set out in the body of the original Crown grant.
(2) Where a trust is declared in any other document and the document or a copy of it has been deposited with the Registrar, the Registrar may cause the document or copy to be kept for safe custody and reference but shall not register the document.
(3) The Commissioner may protect, in any manner he thinks fit, the rights of the persons for the time being beneficially interested in, or required to give consent under, a trust a record of which is kept under subsection (2).
(4) The rights incidental to any proprietorship, instrument, dealing or matter registered under this Act shall not be affected by the keeping of a record of a trust under subsection (2).
’’.
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s. 30
Section 56 amended
30. Section 56 of the principal Act is amended by inserting
after ‘‘memorandum’’ where it first occurs the following —
| ‘‘ | (other than a memorandum under Part IVA) | ’’. |
Section 57 repealed and a section substituted
31. Section 57 of the principal Act is repealed and the following section is substituted —
‘‘
Memoranda of instruments and endorsements
57. When a memorandum of any instrument is entered in the Register and the duplicate certificate of title, instrument or duplicate instrument (if any) is presented to the Registrar —
| (a) | the Registrar shall endorse the instrument to the effect that the memorandum has been entered in the Register; and |
| (b) | the Registrar shall enter on the duplicate certificate of title or duplicate instrument, as the case may be, a memorandum in the same terms as the memorandum entered in the Register. |
’’.
Section 58 amended
32. Section 58 of the principal Act is amended by deleting ‘‘; and should two or more instruments signed by the same proprietor and purporting to affect the same estate or interest be at the same time presented to the Registrar for registration he shall register and endorse that instrument which shall be
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s. 33
presented by the person producing the duplicate grant or
certificate of title’’.
Section 59 repealed and a section substituted
33. Section 59 of the principal Act is repealed and the following section is substituted —
‘‘
Notations as to legal disability of proprietor
59. Where the proprietor of land under the operation of this Act is a minor or a person under any other legal disability the Registrar shall state on the certificate of title and on the duplicate certificate of title (if any) the age of such minor or the nature of the disability, as the case may be, so far as is known to the Registrar.
’’.
Section 61 amended
34. Section 61 of the principal Act is amended by deleting
‘‘issued to’’ and substituting the following —
| ‘‘ | registered in the name of | ’’. |
Section 63 amended
35. Section 63 of the principal Act is amended —
|
| ‘‘ | No certificate of title created and registered | ’’; |
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s. 36
| (b) | bydeleting‘‘everycertificateoftitleissued’’and substituting the following — |
‘‘
every certificate of title created and
registered
’’;
and
| (c) | by inserting after ‘‘set forth’’, the following — |
‘‘ or incorporated ’’.
Section 63A amended
36. Section 63A (2) of the principal Act is repealed and the
following subsection is substituted —
‘‘
Every such statement or entry shall set forth a true and accurate description of the easement or, if the instrument, plan or diagram creating the easement is deposited with the Department, shall refer to such instrument, plan or diagram, and the certificate of title shall contain a plan of the land over which the easement extends or, if a plan or diagram showing the extent of such easement is deposited with the Department, the certificate of title shall refer to such plan or diagram.
(2)
’’.
Section 65 repealed, sections substituted and savings
37. (1) Section 65 of the principal Act is repealed and the
following sections are substituted —
‘‘
Effect of short forms etc. for easements
65. (1) Where a transfer, lease or certificate of title contains the words ‘‘together with a right of
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s. 37
carriage way over...’’ or words to that effect and specifies the road or land over which the easement is created by reference to a map on which the road or land is indicated by a symbol then, unless the contrary intention appears, the words of the Ninth Schedule shall be deemed to have effect in relation to the transfer, lease or certificate of title, as the case requires.
Where a plan or an instrument referred to in Part IVA contains the words ‘‘right of carriage way’’ in relation to a place indicated on the plan or, in the case of an instrument, on the plan in relation to which the instrument was lodged then, unless the contrary intention appears, the words of the Ninth Schedule applicable to a transfer shall be deemed to have effect in relation to that plan or instrument.
(2)
| (3) | Where — |
| (a) | a transfer, lease or certificate of title; or |
| (b) | aplanoraninstrumentreferredtoin Part IVA, |
contains a short form of easement then the words in column 2 of Schedule 9A corresponding to the short form shall be deemed to have effect in relation to that transfer, lease, certificate of title, plan or instrument, unless the contrary intention appears.
Memorandum of easement
65A. (1) Subject to subsection (2), a memorandum of an easement affecting land under the operation of this Act that has been created by a plan, diagram or instrument shall be entered on the certificate of title for each dominant and servient tenement.
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s. 38
| (2) | Where — |
| (a) | an easement has been created under Part IVA by notation on a strata/survey-strata plan; and |
| (b) | theeasementhasbeennotifiedona registered strata/survey-strata plan, |
it is not necessary for a memorandum of the easement to be entered on the certificates of title for the dominant and servient tenements that are also a subject of that plan.
’’.
Section 65 of and the Ninth Schedule to the principal Act as in force immediately before the commencement of subsection (1) continue to apply to all transfers, leases and certificates of title in effect before that commencement on which an easement was marked in accordance with those provisions.
(3)
Section 66 repealed
38. Section 66 of the principal Act is repealed.
Section 66A amended
39. Section 66A of the principal Act is amended by deleting ‘‘issued’’ and substituting the following —
‘‘ created ’’.
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s. 40
Section 68 amended
40. Section 68 of the principal Act is amended by deleting ‘‘folium of the register book constituted by the certificate of title’’ and substituting the following —
| ‘‘ | on the registered certificate of title for the land | ’’. |
Section 69 amended
41. Section 69 of the principal Act is amended —
|
| ‘‘ its duplicate (if any) | ’’; |
| (b) | by deleting ‘‘the duplicates thereof ’’ and substituting the following — | ||
| |||
| (c) | bydeleting‘‘andduplicate’’andsubstitutingthe following — | ||
|
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s. 42
Section 70A inserted
42. The principal Act is amended by inserting after section 70 the following section —
‘‘
Record on title of factors affecting use and enjoyment of land
70A. (1) Where, in relation to land under the
operation of this Act —
| (a) | thelocalgovernmentofthedistrictin which the land is situated; or |
| (b) | a public authority, |
considers it desirable that proprietors or prospective proprietors of the land be made aware of a factor affecting the use or enjoyment of the land or part of the land, the local government or the public authority may, on payment of the prescribed fee, cause a notification of the factor to be prepared in an approved form and lodged with the Registrar.
| (2) | Where — |
| (a) | a | no t i f i ca t i on | i s | l odged | under |
subsection (1); and
| (b) | the written consent of the proprietor of the land accompanies the notification, |
the Registrar shall endorse the certificate of title for
the land to that effect.
The local government or the public authority which lodged the notification under subsection (1) and the proprietor of the land for the time being may, at any time after the notification has been lodged, on
(3)
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s. 43
payment of the prescribed fee and in an approved form, request the Registrar to remove the notification from the certificate of title for the land or modify the notification.
Without limiting subsection (2), the Registrar shall endorse certificates of title with such information about notifications and their modification or removal, and in such manner, as the Registrar thinks fit.
(4)
’’.
Section 71 amended
43. Section 71 of the principal Act is amended by deleting ‘‘duplicates thereof the Registrar may issue to him’’ and substituting the following —
‘‘
duplicate (if any) of each certificate the Registrar may
create and register in the proprietor’s name
’’.
Section 71A amended
44. (1) Section 71A (1) of the principal Act is amended by deleting ‘‘issue to the proprietor’’ and substituting the following —
| ‘‘ | create and register in the proprietor’s name | ’’. |
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s. 45
(2) Section 71A (2) of the principal Act is amended by deleting ‘‘of the partially cancelled certificate of title and, when required by the proprietor, shall make out to the proprietor’’ and substituting the following —
‘‘
(if any) of the partially cancelled certificate of title and, when required by the proprietor, shall create and register in the proprietor’s name
’’.
Section 71B amended
| 45. | (1) | Section 71B (1) of the principal Act is amended — |
| (a) | by inserting before ‘‘certificate’’ in the 3 places where it occurs the following — | |
| ‘‘ duplicate ’’; and | ||
| (b) | by inserting after ‘‘existing’’ the following — | |
| ‘‘ duplicate ’’. |
(2) Section 71B (2) of the principal Act is amended by inserting after ‘‘new’’ in the 3 places where it occurs the following —
‘‘ duplicate ’’.
Section 74 amended
46. (1) Section 74 of the principal Act is amended in the
second sentence by inserting after ‘‘duplicate’’ the following —
‘‘ (if any) ’’.
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s. 47
Section 74 of the principal Act is amended in the third
sentence by inserting after ‘‘title’’ the following —
‘‘ (if any) ’’.
(2)
Section 74A repealed and a section substituted
47. Section 74A of the principal Act is repealed and the
following sections are substituted —
‘‘
Creation of substitute certificate of title
74A. Where any original grant or certificate kept by the Registrar is lost, destroyed or so dilapidated or obliterated as to be illegible, the Commissioner may cause a substitute certificate of title to be created and registered and may prepare the substitute certificate from the duplicate or such other evidence as is available as to the contents of the original.
Issue of subsequent duplicate certificates of title
74B. Where a duplicate certificate of title has been
issued and —
| (a) | the duplicate has been destroyed by, or in circumstances known to, the Registrar; and |
| (b) | theproprietorofthelandthatisthe subject of the certificate of title requests, in an approved form, that a new duplicate certificate of title be issued without cancellation of the certificate of title, |
then the Registrar may cause a new duplicate certificate of title to be issued to the proprietor or to a person named and authorized by the proprietor as the person to whom the duplicate may be issued.
’’.
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s. 48
Section 75 amended
| 48. | (1) | Section 75 (1) of the principal Act is amended — |
| (a) | by deleting ‘‘the issue of a new certificate of title to replace the duplicate certificate of title or Crown lease’’ and substituting the following — | |
| ‘‘ |
the creation and registration of a certificate of title to replace the duplicate certificate of title or Crown lease the duplicate of
’’;
| (b) | bydeleting‘‘toissue’’andsubstitutingthe following — | ||
| |||
| (c) | in the proviso, by deleting ‘‘issuing’’ and substituting the following — |
‘‘ registering ’’.
Section 75 (2) of the principal Act is amended by deleting ‘‘issued under this section to take the place of a duplicate certificate of title or Crown lease alleged to have been lost, and such’’ and substituting the following —
(2)
| ‘‘ | registered under this section and the replaced | ’’. |
Section 75 (4) of the principal Act is repealed and the following subsection is substituted —
(3)
‘‘
Where a replaced duplicate certificate of title or Crown lease has not been cancelled as required by subsection (2), such duplicate certificate of title or Crown lease shall, by virtue of the registration of the new certificate of title, cease to have effect.
(3)
’’.
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 49
Section 76 amended
49. Section 76 of the principal Act is amended —
|
‘‘ notice in ’’;
| (b) | byinsertingbefore‘‘certificate’’inthe5placesin which it occurs the following — |
‘‘ duplicate ’’;
| (c) | byinsertingafterthesectiondesignation‘‘76.’’the subsection designation ‘‘(1)’’; and |
| (d) | byinsertingaftersubsection(1)thefollowing subsection — |
‘‘
(2) Where a person has not complied with a requisition under subsection (1) and the Registrar has not applied to a Judge for the issue of a summons referred to in that subsection, nothing in subsection (1) prevents any other interested person from applying to a Judge to issue a summons referred to in that subsection.
’’.
Section 77 amended
50. Section 77 of the principal Act is amended —
|
| ‘‘ | under section 76 (1) or (2) | ’’; |
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 50
| (b) | by deleting ‘‘such certificate’’ in the first and second places in which it occurs and substituting in both cases the following — | |
| ||
| (c) | bydeleting‘‘ashereinbeforedirectedtheRegistrar shall (if the circumstances of the case require it) issue on the direction of the Commissioner to the proprietor of the land such certificate of title as is herein provided to be issued in the case of any duplicate certificate of title being lost or destroyed and shall enter in the register book notice of the issuing of such’’ and substituting the following — |
‘‘
under section 76 (1) or (2) —
| (a) | theCommissionermay(ifthe circumstances of the case require it and subject to paragraph (b)) direct the Registrar to issue to the proprietor of the land; or |
| (b) | the Court or a Judge may, upon the application of the Registrar or any other interested person, order the Registrar to issue to such person as the Court or Judge directs, |
such duplicate certificate of title as can be issued in the case of any duplicate certificate of title being lost or destroyed and the Registrar shall enter in the Register on the relevant certificate of title notice of the issuing of such duplicate
’’.
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 51
Section 78 amended
51. Section 78 of the principal Act is amended by deleting ‘‘or triplicate certificate mortgage lease or other instrument or the person having the possession custody or control of any such duplicate or triplicate to bring the same into the Office of Titles’’ and substituting the following —
‘‘
certificate or instrument or the person having the possession, custody or control of any such duplicate certificate or instrument to bring the same to the Department
’’.
Section 81A amended
52. Section 81A of the principal Act is amended by deleting
‘‘sections fifty-three and fifty-four of this Act’’ and substituting
the following —
‘‘ section 53 ’’.
Section 81D amended
53. Section 81D (1) of the principal Act is amended by deleting ‘‘until the written consent thereto of the Minister for Lands or of an officer of the Department of Lands and Surveys thereto authorised by the Minister for Lands has been filed with the Registrar.’’ and substituting the following —
‘‘
until —
| (a) | theMinisterforLands,oranofficer authorized by that Minister to do so, has informed the Registrar in writing of his consent to the registration; and |
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 54
| (b) | if the Registrar so requests, the duplicate Crown Lease is presented to the Registrar for any endorsement or other action required by the Registrar. |
’’.
Section 81F amended
54. Section 81F (2) of the principal Act is amended by deleting
‘‘post to the mortgagee or sublessee, at the address appearing in
the Register, thirty’’ and substituting the following —
‘‘ serve the mortgagee or sublessee with 30 ’’.
Section 81I amended
55. Section 81I (1) of the principal Act is amended —
|
| ‘‘ in the Register | ’’; and |
| (b) | bydeleting‘‘originalregisteredinstrumentof mortgage and the duplicate thereof ’’ and substituting the following — |
‘‘ instrument of mortgage ’’.
Section 82 amended
56. Section 82 of the principal Act is amended —
|
| ‘‘ an approved form | ’’; and |
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 57
| (b) | in subsection (2) by deleting ‘‘the words ‘‘the sum of ’’ in the forms of transfer contained in the Seventh Schedule shall not be used to describe the consideration but’’. |
Section 86 repealed and a section substituted
57. Section 86 of the principal Act is repealed and the following
section is substituted —
‘‘
Duplicate certificate to be delivered to Registrar on transfer
86. (1)
If a transfer purports to transfer the whole or part of the land mentioned in any certificate of title the transferor shall deliver up to the Registrar the duplicate certificate (if any) and the Registrar shall after registering the transfer endorse on the original certificate a memorandum cancelling the same either wholly or partially in accordance with the transfer.
(2) The duplicate (if any) of any wholly or partially cancelled certificate shall be retained by the Registrar.
The Registrar shall create and register in the transferee’s name a certificate of title to the land mentioned in such transfer and, on the application of the proprietor of the untransferred portion, shall create and register in the proprietor’s name a certificate of title to such portion.
(3)
If the land to be transferred is leasehold, the lease and duplicate (if any) shall not be cancelled and the latter document instead of being retained by the Registrar shall be delivered to the transferee.
(4)
’’.
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 58
Section 87 amended
58. Section 87 of the principal Act is amended —
|
‘‘
on the certificate of title and on the
duplicate certificate (if any)
’’;
and
| (b) | by deleting ‘‘issued to the transferee in his own name’’ and substituting the following — |
‘‘
created and registered in the name of the
transferee
’’.
Section 88A amended
59. Section 88A of the principal Act is amended by deleting
‘‘upon the folium of the register book constituted by’’ and
substituting the following —
| ‘‘ in the Register on | ’’. |
| Section 90 amended |
60. Section 90 of the principal Act is amended —
|
| ‘‘ | Notwithstanding section 53, on | ’’; and |
| (b) | bydeleting‘‘nordeemedproducedforregistration within the meaning of section fifty-three of this Act’’. |
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 61
Section 91 amended
61. Section 91 of the principal Act is amended by deleting ‘‘the
form in the Eleventh Schedule hereto’’ and substituting the
following —
‘‘ an approved form ’’.
Section 97 amended
62. Section 97 of the principal Act is amended by deleting ‘‘by being given to him or them or by being sent through the post office by a registered letter directed to him or them at his or their address as stated in the mortgage or transfer thereof ’’.
Section 99 amended
63. Section 99 of the principal Act is amended by deleting ‘‘the
form in the Thirteenth Schedule hereto’’ and substituting the
following —
| ‘‘ | an approved form ’’. |
Section 101 repealed and a section substituted
64. Section 101 of the principal Act is repealed and the
following section is substituted —
‘‘
Register of sub-leases
101. The Registrar shall keep a register of sub- leases and cause to be entered in that register details of the parties to, and the term and memorandum number or symbol of, each registered sub-lease.
’’.
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 65
Section 105 repealed and sections substituted
65. Section 105 of the principal Act is repealed and the
following sections are substituted —
‘‘
Mortgages and charges
| 105. | (1) | The proprietor of land under the operation |
of this Act may —
| (a) | mortgage the land; or |
| (b) | chargethelandwiththepaymentofan annuity. |
| (2) | A mortgage or charge shall be in an approved |
form.
Extension of mortgage, charge or lease
105A. (1) A mortgage, charge or lease may be extended by an instrument of extension executed by all the parties to the mortgage, charge or lease, as the case may be, and setting out the term of the extension and the conditions on which the extension is made.
(2) Where an instrument of extension is
presented to the Registrar —
| (a) | he shall enter a memorandum of it on the certificate of title or, in the case of a Crown Lease, on the Register of Leases; and |
| (b) | he may also, in the case of a lease, enter a memorandum of it on the record of the lease held by the Department. |
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 66
(3) No dealing registered subsequent to any mortgage, charge or lease shall be affected by the extension of the mortgage, charge or lease, as the case may be, unless the proprietor in whose favour the dealing was registered gives written consent to the extension.
’’.
Section 106 amended
66. Section 106 of the principal Act is amended —
|
‘‘
(2) Notwithstanding section 240, service of the notice referred to in subsection (1) is not properly effected unless —
| (a) | the notice is delivered personally to the mortgagor or the grantor or his transferees, as the case requires; |
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 66
| (b) | thenoticeissentbycertified mail to — | |||
| ||||
| (c) | thenoticeisleftina conspicuous place on the mortgaged or charged land; or | |||
| (d) | the notice is sent to the number of the facsimile machine of the mortgagor or the grantor or his transferees, as the case requires (but only where the mortgagor or the grantor or the transferee has specified in writing to the mortgagee or the annuitant or his transferees, as the case requires, that notices under this section may be served on him by facsimile transmission). |
’’.
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 67
Section 110 amended
67. Section 110 of the principal Act is amended by deleting ‘‘shall be entitled to receive a certificate of title to the same’’ and substituting the following —
‘‘
the Registrar may either register the purchaser as the proprietor of the land on the existing certificate of title or create and register a new certificate of title in the purchaser’s name as proprietor of the land
’’.
Section 121 amended
68. Section 121 of the principal Act is amended —
|
| ‘‘ | was served in accordance with section 106 | ’’; |
| (b) | by deleting ‘‘by being given him or them or by being left on the mortgaged land or by the same being sent through the post office by a registered letter directed to him or them at his or their address appearing in the register book’’; | |
| (c) | bydeleting‘‘appearingbytheregisterbook’’and substituting the following — | |
| ||
| (d) | by deleting ‘‘by being given to him or sent through the post office by a registered letter directed to him at his address appearing in the register book’’; | |
| (e) | by inserting after the section designation ‘‘121.’’ the subsection designation ‘‘(1)’’; and |
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 68
| (f) | byinsertingaftersubsection(1)thefollowing subsection — |
‘‘
(2) Notwithstanding section 240, service on a person of a notice of intention to apply for foreclosure is not properly effected unless —
| (a) | the notice is delivered personally to the person; | |||
| (b) | thenoticeissentbycertified mail to — | |||
| ||||
| (c) | thenoticeisleftina conspicuous place on the mortgaged land; or | |||
| (d) | the notice is sent to the number of the person’s facsimile machine (but only where the person has specified in writing to the mortgagee or his transferees, as the case requires, that such notices may be served on the person by facsimile transmission). |
’’.
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 69
Section 122 amended
69. Section 122 of the principal Act is amended by deleting ‘‘be
entitled to receive a certificate of title to the same’’ and
substituting the following —
‘‘
the Registrar may either register the mortgagee or the transferee as the proprietor of the land on the existing certificate of title or create and register a new certificate of title in the name of the mortgagee or the transferee as the proprietor of the land
’’.
Section 123 amended
70. Section 123 of the principal Act is amended by inserting after ‘‘title’’ the following —
‘‘ (if any) ’’.
Section 124 amended
71. Section 124 of the principal Act is amended —
|
‘‘ been registered ’’; and
| (b) | by deleting ‘‘issuing’’ and substituting the following — |
‘‘ registration ’’.
Section 126 amended
72. (1) Section 126 (1) of the principal Act is amended by
inserting after ‘‘title’’ the following —
‘‘ (if any) ’’.
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 73
(2) Section 126 (2) of the principal Act is amended by
deleting ‘‘Certificate of Title’’ and substituting the following —
| ‘‘ | certificate of title (if any) | ’’. |
Part IV, Division 3A heading repealed and substituted
73. Part IV of the principal Act is amended by repealing the heading to Division 3A and substituting the following heading —
‘‘
Division 3A — Restrictive covenants and the modification, discharge and enforcement of
restrictive covenants and easements
’’.
Section 129A amended
74. (1) Section 129A (1) of the principal Act is amended by
deleting ‘‘the prescribed’’ and substituting the following —
‘‘ an approved ’’.
(2) Section 129A of the principal Act is amended by repealing subsection (2) and substituting the following subsections —
‘‘
Nothing in subsection (1) limits the creation of a restrictive covenant under Part IVA.
(2)
(3) Notwithstanding section 52 (2) (a), the Registrar may register an instrument creating a restrictive covenant (other than a restrictive covenant created under Part IVA) without entering a memorandum of the restrictive covenant on the certificate of title for the land (if any) benefited by the restrictive covenant.
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s. 75
(4) Nothing in subsection (3) shall be read as affecting any requirement, in relation to the registration of an instrument creating a restrictive covenant, to enter a memorandum of the restrictive covenant on the certificate of title for the land burdened by the restrictive covenant.
Subject to subsection (6), where a restrictive covenant is created under Part IVA, the Registrar shall enter a memorandum of the restrictive covenant on the certificate of title for the land (if any) benefited, and the land burdened, by the restrictive covenant.
(5)
| (6) | Where — |
| (a) | arestrictivecovenanthasbeencreated under Part IVA by notation on a strata/survey-strata plan; and |
| (b) | therestrictivecovenanthasbeennotified on a registered strata/survey-strata plan, |
it is not necessary for a memorandum of the restrictive covenant to be entered on the certificates of title for the land (if any) benefited, and the land burdened, by the restrictive covenant, if that land is also a subject of that plan.
’’.
Section 129B amended
75. (1) Section 129B (1) of the principal Act is amended by
inserting after ‘‘contrary’’ the following —
‘‘ , but subject to subsection (3), ’’.
(2) Section 129B (2) of the principal Act is amended by
deleting ‘‘in the register book direct the Registrar to enter a
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 76
memorandum of such discharge or modification in the register
book’’ and substituting the following —
‘‘
on any certificate of title in the Register, direct the Registrar to enter a memorandum of the discharge or modification on each such certificate
’’.
Section 129B of the principal Act is amended by inserting
after subsection (2) the following subsection —
‘‘
(3)
Notwithstanding subsection (1), the discharge
or modification of a restrictive covenant created
under —
(3)
| (a) | section 129BA shall be in accordance with section 129BB; or |
| (b) | PartIVAshallbeinaccordancewith section 136J. |
’’.
Sections 129BA and 129BB inserted
76. The principal Act is amended by inserting after
section 129B the following sections —
‘‘
Restrictive covenants benefiting local
governments and public authorities
129BA. (1) A restrictive covenant may, under this section, be created and made binding in respect of land under the operation of this Act for the benefit of —
| (a) | the local government in whose district the land is situated; or |
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 76
| (b) | a public authority, |
notwithstanding that the benefit of the restrictive
covenant would not be in respect of land.
A restrictive covenant under this section shall
be in an instrument in an approved form that is
lodged with the Registrar and accompanied by —
(2)
| (a) | the written consent of each person who has a registered interest in any land that would be burdened by the restrictive covenant; and |
| (b) | the prescribed fee. |
Discharge and modification of s. 129BA
covenants
129BB. (1) Either —
| (a) | theproprietoroflandburdenedbya restrictive covenant created under section 129BA; or |
| (b) | a local government or public authority for whose benefit a restrictive covenant has been created under section 129BA (‘‘the relevant authority’’), |
may apply, in an approved form and on payment of the prescribed fee, for the restrictive covenant to be discharged or to be modified in the manner set out in the application.
(2) An application under this section shall be
accompanied by either —
| (a) | the written consent of — | |
|
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 76
(ii) eachpersonwhohasaregistered interest in any land burdened by the restrictive covenant,
to the discharge or the modification of the
restrictive covenant as proposed; or
| (b) | the documents referred to in subsection (3). |
Where an application under this section is not
accompanied by the written consents referred to in
subsection (2) (a), it shall be accompanied by —
(3)
| (a) | the applicant’s statutory declaration to the effect that — | |||
|
| (I) | at least 28 days before the day on which the application is made; |
(II) in a newspaper circulating either throughout the State or in the district where the land is situated;
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 76
(iii) bothofthenoticesreferredtoin subparagraphs (i) and (ii) stated —
(I) the applicant’s address for service of notices of objection to the proposed application or any part of the proposed application; and
(II) the day, being at least 3 days before the application was proposed to be made, by which notice of objections were to be received;
and
(iv) uptothetimeofmakingthe application, the applicant had received no notice of objection to either the proposed application or any part of the proposed application;
| and |
| (b) | acopyofthenoticereferredtoin paragraph (a) (ii) showing the name of the newspaper in which it was published and the day of publication. |
(4) On an application under this section the Registrar, if directed by the Commissioner to do so, shall discharge the restrictive covenant or modify the restrictive covenant in the manner set out in the application.
(5) The Commissioner shall not direct the Registrar to discharge or modify a restrictive covenant under this section if the Commissioner is aware of any notice that has been served under subsection
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 77
(3) (a) (iii) by which an objection has been made to
either the application or any part of the application.
Where a restrictive covenant is discharged or modified under this section the Registrar shall enter a memorandum of the discharge or modification on each certificate of title in the Register on which is entered a memorandum of the restrictive covenant.
(6)
’’.
Section 129C amended
77. (1) Section 129C (1) of the principal Act is amended by
inserting after ‘‘the land’’ where it first occurs, the following —
‘‘
burdened or benefited, or any local government or public authority benefited, by the easement or restriction,
’’.
(2) Section 129C (2) of the principal Act is amended by
inserting after ‘‘Act’’ the following —
| ‘‘ | or any local government or public authority then | ’’. |
| (3) | Section 129C (3) of the principal Act is amended — |
| (a) | in paragraph (a) — | |
|
‘‘
or any local government or public
authority
’’;
and
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 78
(ii) by inserting after ‘‘instrument’’ the following —
| |||
| and |
| (b) | in paragraph (b) by inserting after ‘‘instrument’’ the following — | |
|
(4) Section 129C (6) of the principal Act is amended by
inserting after ‘‘thereafter’’ the following —
| ‘‘ | whether or not created under Part IVA | ’’. |
Section 133 amended
| 78. | (1) | Section 133 (1) of the principal Act is amended — |
| (a) | in the first paragraph by deleting ‘‘such one of the forms in the Seventeenth Schedule hereto as the case requires’’ and substituting the following — | |
| ||
| (b) | in the third paragraph by deleting ‘‘certificate, or the duplicate of a Crown lease, Mortgage, or other instrument of title’’ and substituting the following — | |
| ‘‘ |
(if any) of the certificate of title or a Crown
lease or of any other instrument
’’.
Section 133 of the principal Act is amended by inserting after subsection (2) the following subsection —
(2)
‘‘
(3) This section applies to the sale, under a
warrant of execution issued for the purposes of
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 79
section 140 of the Mining Act 1978 (‘‘that section’’),
of land under the operation of this Act, as if —
| (a) | a reference to a writ of fieri facias issued out of the Supreme Court were a reference to a warrant of execution under that section; |
| (b) | a reference to a sale by the sheriff under a writ of fieri facias were a reference to a sale under that section; |
| (c) | a reference to the sheriff were a reference to the person authorized under that section to sell property; and |
| (d) | areferencetoadecreeororderofthe Supreme Court were a reference to an order of execution under that section. |
’’.
Section 135 amended
79. Section 135 of the principal Act is amended by deleting ‘‘be
registered and receive a certificate’’ and substituting the
following —
| ‘‘ | have registered a certificate of title | ’’. |
Section 136 amended
80. Section 136 of the principal Act is amended —
|
‘‘ or symbols ’’; and
| No. 81] | Transfer of Land Amendment Act 1996 |
s. 81
| (b) | by deleting ‘‘stamped with the seal of the Office of Titles’’ and substituting the following — |
‘‘ sealed ’’.
Part IVA inserted
81. After Part IV of the principal Act the following Part is
inserted —
‘‘
PART IVA — CREATION OF EASEMENTS AND
RESTRICTIVE COVENANTS BY NOTATIONS ON
SUBDIVISION PLANS AND DIAGRAMS
Interpretation
| 136A. | In this Part, ‘‘plan’’ means — |
| (a) | aplanordiagramreferredtoin section 166; or |
| (b) | astrata/survey-strataplanlodgedfor registration under the Strata Titles Act 1985, |
for the subdivision of land under the operation of this
Act.
Application of this Part
136B. The provisions of this Part are in addition to, and are not to be read as limiting the operation of —
| (a) | the provisions of this Act in relation to the creation, registration or effect of easements or restrictive covenants except to the extent provided for in those provisions; and |
| Transfer of Land Amendment Act 1996 | [No. 81 |
s. 81
| (b) | the provisions of any other Act in relation to the creation, registration or effect of easements or restrictive covenants. |
Notation of easements on subdivision plans
136C. (1) A proprietor of land that is a subject of a plan may note, in an approved form, on the plan the location of an easement to which the land is proposed to be subject.
An easement cannot be noted on a plan unless the land to be burdened by the easement is a subject of the plan but any land to be benefited by the easement need not be a subject of the plan.
(2)
| (3) | An easement for the benefit of — |
| (a) | the local government in whose district the land is situated; or |
| (b) | a public authority, |
may be noted on a plan under this section notwithstanding that the benefit of the easement would not be in respect of land.
(4) Where an easement is noted on a plan in accordance with this section an instrument in an approved form may, but need not, be lodged in relation to the plan unless, under subsection (6), certain information is required to be specified in an instrument and where an instrument is lodged the prescribed fee shall be paid for the lodgment of the instrument.
The following information about the easement shall, subject to subsection (6), be specified in either
‘‘ creating and registering ’’.
Section 30 (5) (a) is amended by inserting after
‘‘title’’ the following —
‘‘ (if any) ’’.
| No. 81] | Transfer of Land Amendment Act 1996 |
Sch. 1
Section 30 (5) (b) is deleted and the following paragraph is substituted —
| ‘‘ (b) the Registrar of Titles, after cancelling the certificates of title relating to the lots, shall create and register in the transferee’s name a new certificate of title for the land transferred. | ’’. |
Section 129A (1) is amended in paragraphs (a) and (b) by deleting ‘‘register book’’ in each case and substituting the following —
‘‘ Register ’’.
Section 129A (4) is amended by deleting ‘‘register book’’ and substituting the following —
‘‘Register ’’.
| The Salvation | Section 22 is amended by deleting ‘‘book’’. |
| Army (Western Australia) Property Trust Act 1931 | |
| Town Planning | Section 2 (1) is amended in the definition of ‘‘lot’’, |
| and Development | in paragraph (b), by deleting ‘‘issued’’ and |
| Act 1928 | substituting the following — |
| ‘‘ registered ’’. | |
| Section 20 (2) is amended by deleting ‘‘issue’’ and substituting the following — | |
| ‘‘ create or register ’’. Section 20A is amended — |
| (a) | by deleting ‘‘the commencement of this section, the diagram or plan of subdivision of the land as so approved is received, registered or deposited in the Office of Titles or Registry of Deeds and is approved by the Inspector of Plans and Surveys or other officer appointed for the purpose, the Registrar of Titles or the Registrar of Deeds shall, in accordance with the condition, on the date of the last- |
| Transfer of Land Amendment Act 1996 | [No. 81 |
Sch. 1
mentioned approval’’ and substituting
the following —
| ‘‘ | section 98 of the Transfer of Land Amendment Act 1995 comes into operation, the diagram or plan or subdivision of the land as so approved is received in the Department within the meaning of the Transfer of Land Act 1893 or the Registry of Deeds and is approved for the purposes of the Transfer of Land Act 1893, the Registrar of Titles or the Registrar of Deeds shall, in accordance with the condition | ’’; |
| (b) | byinsertingafterthesection designation ‘‘20A.’’ the subsection designation ‘‘(1)’’; and | |
| (c) | by inserting after subsection (1) the following subsection — | |
|
| (a) | inthecaseofa p lan l odged f o r registration under the Strata Titles Act 1985, at the time the Registrar of Titles registers the plan under that Act; and |
| (b) | in any other case, at the time the new certificate, or if more than one, all the new certificates, for the land the subject of the plan or diagram have been registered under the |
| No. 81] | Transfer of Land Amendment Act 1996 |
Sch. 1
Transfer of Land
| Act 1893. | ’’. |
Section 21 (2) is amended by deleting ‘‘issue’’ and substituting the following —
‘‘ create and register ’’.
Section 27A (1) is amended —
| (a) | bydeletingparagraph(a)and | ||
|
paragraph —
| ||||
| (b) | bydeleting‘‘shall,onandfromthe date of the approval of the plan or diagram by the Inspector of Plans and Surveys be’’ and substituting the following — |
‘‘ becomes ’’; and
| (c) | by deleting ‘‘thereon’’ and substituting the following — | |
|
| (a) | inthecaseofa plan lodged for registration under the Strata Titles Act 1985, at the time the Registrar of Titles registers the plan under that Act; and |
| Transfer of Land Amendment Act 1996 | [No. 81 |
Sch. 1
| (b) | in any other case, at the time the new certificate, or if more than one, all the new certificates, for the land the subject of the plan or diagram have been registered under the Transfer of Land Act 1893. | ’’. |
Section 28 (3) (b) is amended —
| (a) | bydeletingthefullstopattheendof paragraph (b) (ii) and substituting a semicolon; and | ||
| (b) | byinsertingaftersubparagraph(ii)the following subparagraph — | ||
|
(I) in the case of a plan lodged for registration under the Strata Titles Act 1985, at the time the Registrar of Titles registers the plan under that Act; and
| (II) | in any other case, at the time the new certificate, or if more than one, all the new certificates, for the land the subject of the plan or diagram have been registered under the Transfer of Land Act 1893. | ’’. |
| No. 81] | Transfer of Land Amendment Act 1996 |
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| Valuation of | Section 4 (1) is amended in the definition of |
| Land Act 1978 | ‘‘unimproved value’’ in paragraph (b) (ii) (V) by deleting ‘‘issued’’ and substituting the following — |
| ‘‘ registered ’’. | |
| Water Boards | Section 160 (2) (b) is amended by deleting ‘‘any |
| Act 1904 | register book kept’’ and substituting the following — |
| ‘‘ the Register ’’. |
| Transfer of Land Amendment Act 1996 | [No. 81 |
Sch. 2
SCHEDULE 2
[Section 153 (2)]
DELETION OF ‘‘OFFICE OF TITLES’’ AND SUBSTITUTION OF ‘‘DEPARTMENT WITHIN THE MEANING OF THE TRANSFER
OF LAND ACT 1893’’
| Column 1 | Column 2 |
| Act amended | Provision amended |
| Agriculture and Related | s. 92 (4) (b) |
| Resources Protection Act 1976 | |
| Anglican Church of | s. 5 |
| Australia Lands Act 1914 | |
| Country Areas Water | s. 85 (1), s. 102 (4) |
| Supply Act 1947 | |
| Country Towns | s. 96 (4) |
| Sewerage Act 1948 | |
| Friendly Societies | s. 33 (2) |
| Act 1894 | |
| Health Act 1911 | s. 372, s. 375 (b) |
| Land Act 1933 | s. 23 (3), s. 62 (2), s. 113 (7), s. 118F (1), s. 128 (3), s. 130 (3), s. 149, s. 149B (9), s. 149B (13) |
| Land Drainage | s. 173 (1) (b) (ii) |
| Act 1925 | |
| Land Tax Assessment | s. 5 (1) in the definition of ‘‘lot’’ (twice) |
| Act 1976 | |
| Local Government | s. 295 (5), s. 297A (6) (c) and (f) |
| Act 1960 | |
| Metropolitan Water | s. 114 (1), s. 118 (2), Tenth Schedule |
| Supply, Sewerage, and Drainage Act 1909 | |
| Roman Catholic Church | s. 11 |
| Property Act 1911 | |
| Sale of Land Act 1970 | s. 13 (3) (twice) |
| No. 81] | Transfer of Land Amendment Act 1996 |
Sch. 2
| Settlement Agents | Schedule 2 clause 1 (1) (f) and (g), |
| Act 1981 | clause 1 (2) (g) (i) |
| Stamp Act 1921 | s. 83 (7) |
| Town Planning and | s. 2 (1) in the definition of ‘‘lot’’ (twice), |
| Development Act 1928 | s. 12A (2), s. 21 (1), s. 22 (3), s. 28 (1), s. 28 (2), s. 28 (3) (a) |
| Transfer of Land Amendment Act 1996 | [No. 81 |
Sch. 3
SCHEDULE 3
[Section 153 (3)]
DELETION OF ‘‘LAND TITLES OFFICE’’ AND SUBSTITUTION
OF ‘‘DEPARTMENT WITHIN THE MEANING OF THE
TRANSFER OF LAND ACT 1893’’
| Column 1 | Column 2 |
| Act amended | Provision Amended |
| Builders’ Registration | Schedule (5 times) |
| Act 1939 | |
| City of Perth | s. 2 |
| (Leederville Park Lands) Act 1950 | |
| Land Tax Assessment | s. 5 (1) in the definition of ‘‘registered’’, |
| Act 1976 | s. 8 |
| Metropolitan Region | Third Schedule (twice) |
| Town Planning Scheme Act 1959 | |
| Painters’ Registration | Schedule (5 times) |
| Act 1978 | |
| Valuation of Land | s. 9 |
| Act 1978 | |
| Western Australian | Schedule 2 (3 times) |
| Land Authority Act 1992 |
By Authority: JOHN A. STRIJK, Acting Government Printer
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