Transfer of Land Amendment Regulations 2006 (WA)
| 202 | GOVERNMENT GAZETTE, WA | 7 July 2006 |
LAND
L\301*
Transfer of Land Act 1893
Transfer of Land Amendment Regulations 2006
Made by the Commissioner of Titles with the approval of the Governor in Executive Council.
1. Citation
These regulations are the Transfer of Land Amendment
Regulations 2006.2. Commencement
These regulations come into operation on 3 July 2006 or the first Monday after the day on which they are published in the Gazette, whichever is later.
3. The regulations amended
The amendments in these regulations are to the Transfer of Land
Regulations 2004*.
[* Published in Gazette 2 September 2004, p. 3829-46. For amendments to 1 June 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 423-4.]
$112 ".
4. Schedule 1 amended
(1) Schedule 1 is amended in the shoulder clause by deleting
", (2c)".(2) Schedule 1 Division 1 is amended as follows:
(a) in items 1 to 11 by deleting "$80" in each place where it " $82
(b) in item 4 - (i) by deleting "$90" and inserting instead -
46 $92 ";
(ii) by deleting "$110" and inserting instead -
46
7 July 2006 GOVERNMENT GAZETTE, WA 2503 (3) Schedule 1 Division 2 is amended as follows:
(a) in items 1 and 6 to 10 by deleting "$80" and inserting " $82 ";
(b)
by deleting items 2, 3 and 4 and inserting the following items instead -
"
2. Of a deposited plan -
(a) general fee -
(i) if approval of Western Australian Planning Commission is required ........ $184 (ii) if approval of Western Australian Planning Commission is not required .... $128 (b) for each lot (including any lot shown on an inset on the plan) other than a lot vesting in the Crown under the Planning and Development Act 2005 section 152 ................ $50
3. Of a replacement deposited plan for a certified correct deposited plan -
(a)
if approval of Western Australian Planning Commission is required .............. $184
(b)
if approval of Western Australian Planning Commission is not required .......... $128
4. plan in respect of which a requisition has been
Of a replacement deposited plan for a deposited Planning Commission's prints ............................ $128
(c) in item 5 by deleting "$40" and inserting instead -
44 $41 ".
(4) Schedule 1 Division 3 is amended as follows:
(a) in item 1 by deleting "$80" and inserting instead - 44 $82 ";
(b) in item 2 by deleting "$40" and inserting instead - 44 $41 ".
(5) Schedule 1 Division 4 is amended as follows:
(a) in items 1 to 4 and 6 by deleting "$80" and inserting instead - 44 $82
(b) "Town Planning and Development " Planning and Development Act 2005 in item 2 by deleting section 152
(c) in item 5 by deleting "$160" and inserting instead - 44
$164 ".
| 2504 | GOVERNMENT GAZETTE, WA | 7 July 2006 |
(6) Schedule 1 Division 5 item I is amended by deleting "$80" and
inserting instead -
44
$82 ".
(7) Schedule 1 Division 6 is amended as follows:
(a) in items 1, 6(a), 7(a), 13, 16, 19 and 21(b)(iii) by deleting "$6" and inserting instead - 46 $6.50 ";
(b) in items 2 to 5, 6(b), 7(b), 8 to 11, 14, 15, 17, 18 and 20 by deleting "$12" and inserting instead - 66 $13 ";
(c) in item 12 by deleting $1.40 per page" and inserting instead - 46
fee as assessed by the Registrar, not exceeding actual cost
(8) Schedule 1 Division 7 is amended as follows:
(a) in items 1, 3, 4, 5 and 8 by deleting "$80" in each place where it occurs and inserting instead - 46 $82 ";
(b)
in item 2, after paragraph (h) by deleting the row of dots and inserting instead -
"
or
(c)
the provision of consultancy services relating to project planning and project conveyancing
(c) in item 6(b)(i) by deleting "$35" and inserting instead -
46 $41 ";
(d) in item 6(b)(ii) by deleting "$60 and inserting instead - 46 $62
(e) in items 7 and 10 by deleting "actual cost" and inserting instead - 46
fee as assessed by the Registrar, not exceeding actual cost
7 July 2006 GOVERNMENT GAZETTE, WA 2505 (f) by deleting item 12 and inserting instead -
12. new version (including excision, addition or
amendment of lots, easements and interests,
notifications table and lodged layer updates) ........$42
plus, if deposited plan has been certified correctAmendment of a deposited plan resulting in a Planning Commission ................................... $56
5. Schedule 3 amended
(1) Schedule 3 Forms 1, 2 and 3 are deleted and the following
Forms are inserted instead -"
1. Application to register property (seizure and sale) order
FORM AlO
WESTERN AUSTRALIATRANSFER OF LAND ACT 1893 AS AMENDED.
APPLICATION TO REGISTER PROPERTY (SEIZURE AND SALE)
ORDER(INCORPORATING STATUTORY DECLARATION)
SALEABLE
INTEREST DESCRIPTION OF LAND (Note 3) EXTENT VOLUME FOLIO DESCRIPTION
(Note 1)REGISTRATION
NUMBER
(Note 2)APPLICANT (JUDGMENT CREDITOR) (Note 4)
In accordance with section 133(2) of the Transfer of Land Act 1893, the Applicant hereby applies to
register Court Order Ref No: dated . A copy of that order certified as a true copy by the Sheriff or a Deputy Sheriff accompanies this application (see
Instruction 2 and Note 7).
Has a Suspension Order been made? YES I NO (delete whichever is inapplicable) If yes, an original
sealed copy is filed herewith (see Instruction 3).
SIGNATURE OF, OR ON BEHALF OF, JUDGMENT CREDITOR (NOTE 8)
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STATUTORY DECLARATION
I/We
(Note 9) jointly and severally sincerely declare as follows -
I. I am I We are the JUDGMENT CREDITOR / SOLICITOR FOR TI IF JUDGMENT CREDITOR /
OF THE JUDGMENT CREDITOR and am/are duly authorised to
make this declaration and above application on behalf of the Judgment Creditor (Note 10) referred to
in the attached Property (Seizure and Sale) Order.2. The judgment debtor as shown in this Property (Seizure and Sale) Order is one and the same person as the proprietor of the saleable interest referred to in the above-mentioned Certificate(s) of Title.
3. The judgment to which this Property (Seizure and Sale) Order relates has not been satisfied.
This declaration is true and I/we know that it is an offence to make a declaration knowing that it is
false in a material particular.This declaration is made under the Oaths, Affidavits and Statutory Declarations Act 2005
at (place) on by Signature of declarant Signature of declarant in the presence of— in the presence of— Signature of authorised witness Signature of authorised witness Print in full name, address and qualification Print in full name, address and qualification of witness of witness OFFICE USE ONLY
DECLARATION.
INSTRUCTIONS
I. No alteration should be made by erasure. The words
rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons signing this
document and their witnesses. APPLICATION 2.
A copy of the property (seizure and sale) order certified by the Sheriff or a Deputy Sheriff must accompany this application. ADDRESS 3. If a suspension order has been made, an original sealed copy must also accompany this application.
NOTES PHONE No. 1. DESCRIPTION OF SALEABLE INTEREST FAX No. Show Fee Simple, Leasehold, Mortgage, Charge,
Lease or as the case may be. REFERENCE No. 2. REGISTRATION NUMBER OF SALEABLE
INTEREST ISSUING BOX No. If Fee Simple, leave blank. If any other interest, enter
registration number of the primary document when saleable interest was registered.
3. DESCRIPTION OF LAND
Lot and DiagramiPlan/StratalSurvey-Strata Plan
number or Location name and number to be stated.
Extent - Whole, part or balance of the land comprised ADDRESS in the Certificate of Title to be stated. stated.
PHONE No.
4. APPLICANT
State the full name of the judgment creditor as shown FAX No. on the property (seizure and sale) order and the
address to which future Notices can be sent.
5. JUDGMENT DEBTOR INSTRUCT IF ANY DOCUMENTS ARE State full name of the judgment debtor as shown on TO ISSUE TO OTHER T11 AN LODGING the property (seizure and sale) order. PARTY 6. SALEABLE INTEREST
REGISTERED PROPRIETOR OF THE shown on the certificate of title.
7. DETAILS OF PROPERTY (SEIZURE & SALE)
ORDER
Show the jurisdiction of the court, reference number TITLES, LEASES, DECLARATIONS and date of the order. ETC. LODGFI) IIFREWITH
7 July 2006 GOVERNMENT GAZETTE, WA 2507 Note: The jurisdiction will be Supreme, District or
Magistrates Court as shown on the Order. 1. Received Items
S. SIGNATURE OF OR ON BEHALF OF 2.
JUDGMENT CREDITOR
To be signed in the appropriate place(s) by the3. Nos. person(s) completing the application and statutory
declaration.4.
9. DEPONENT(S)
Full name, place of abode and occupation to be stated.5. Receiving Clerk If there is only one deponent delete "we" and "we are" and the reference to "jointly and severally" from
6.
the statutory declaration. If there are two or more deponents, delete "I" and
"I am" from the statutory declaration. Registered pursuant to the provisions of the If there are more than two deponents an Additional TRANSFER OF LAND ACT 1893 as Sheet (Form B 1) should be used with appropriate amended on the day and time shown above headings. and particulars entered in the Register. lO.The statement as to authorisation is only to be deleted
when the judgment creditor is the deponent(s). If a
person other than the judgment creditor or solicitor for
the judgment creditor is the deponent and signing the
application, then insert the capacity of the person
making the declaration, eg. director, secretary,
employee (named position), attorney or person
empowered by legislation to sign on behalf of the
judgment creditor. Otherwise, delete as appropriate.
11. EXECUTION OF STATUTORY
DECLARATION by a person capable of taking declarations, eg solicitor, school teacher, medical practitioner, justice of the peace, police officer, bank manager, pharmaceutical chemist, State or Commonwealth public servant. The witness should state their address and qualification.
EXAMINED
2. Application to register an order extending the sale period in a
property (seizure and sale) orderFORM All
WESTERN AUSTRALIATRANSFER OF LAND ACT 1893 AS AMENDED.
APPLICATION TO REGISTER AN ORDER EXTENDING THE
SALE PERIOD IN A PROPERTY (SEIZURE AND SALE) ORDER (Note 1) PROPERTY (SEIZURE
AND SALE) ORDER
NUMBER (Note 2) DESCRIPTION OF LAND (Note 3) EXTENT VOlt \tt oro APPLICANT (JUDGMI
| 2508 | GOVERNMENT GAZETTE, WA | 7 July 2006 |
JUDGMENT DEBTOR as shown in the Order (Note 5)
REGISTERED PROPRIETOR OF THE SALEABLE INTEREST as shown on the certificate of title
In accordance with section 133(16) of the Transfer of Land Act 1893, the Applicant hereby applies to
register an order extending the sale period under the above-mentioned Property (Seizure and Sale)
Order.
This application is accompanied by an original sealed copy ofCourt Extension Order
dated (see Instruction 2) (show jurisdiction). PERIOD OF EXTENSION (Note 7)
EXECUTION BY JUDGM F\ I (R [I) ITOR OR SOLICITOR FOR JUDGMENT CREDITOR (Note 8)
INSTRUCTIONS OFFICE USE ONLY 1. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons
signing this document and their witnesses.
2. An original sealed copy of an order extending the property (seizure and sale) order must accompany this application.
APPLICATION
NOTES LODGED BY 1. PROPERTY (SEIZURE AND SALE)
ORDER
In this form the above term includes Writ of ADDRESS
Fieri Facias" and "Local Court warrant of execution". 2.
PROPERTY (SEIZURE & SALE) ORDER PHONE No. NUMBER FAX No. Show the document number of the property
(seizure & sale) order. REFERENCE No. 3. DESCRIPTION OF LAND
Lot and Diagram/Plan/Strata/Survey-Strata
Plan number or Location name and number to ISSUING BOX No. be stated.
Extent - Whole, part or balance of the land
comprised in the Certificate of Title to be PREPARED BY
stated.
The Volume and Folio or Crown Lease ADDRESS number to be stated.
4. APPLICANT
State the full name of the judgment creditor as PHONE No. shown in the property (seizure and sale) order
and the address to which future Notices can be FAX No. sent.
7 July 2006 GOVERNMENT GAZETTE, WA 2509
5. JUDGMENT DEBTOR INSTRUCT IF ANY DOCUMENTS ARE State full name of the judgment debtor as TO ISSUE TO OTHER THAN LODGING shown on the property (seizure and sale) order. PARTY
6. SALEABLE INTEREST
REGISTERED PROPRIETOR OF THE debtor as shown on the certificate of title. 7. PERIOD OF EXTENSION Show in months and days (if applicable) the
length of time that the property (seizure and TITLES, LEASES, DECLARATIONS ETC. sale) order has been extended. LODGED HEREWITH 1. Received Items
S. APPLICANTS EXECUTION
A separate attestation is required for every2.
person signing this document. Each signature
should be separately witnessed by an adult3. Nos.
person. The address and occupation of the
witness must be stated.
Receiving Clerk
6.
Registered pursuant to the provisions of the
EXAMINED TRANSFER OF LAND ACT 1893 as
amended on the day and time shown above
and particulars entered in the Register.3. Application to register a discharge of a property (seizure and
sale) orderFORM Al2
WESTERN AUSTRALIA
TRANSFER OF LAND ACT 1893 AS AMENDED.APPLICATION TO REGISTER A DISCHARGE OF A PROPERTY (SEIZURE AND SALE) ORDER (Note 1)
PROPERTY (SEIZURE
AND SALE) ORDER
NUMBER (Note 2) DESCRIPTION OF LAND (Note 3) EXTENT VOLUME FOLIO
APPLICANT (Note 4) The Applicant hereby applies for a discharge of the above order to be registered in accordance with section 133(12) of the Transfer of Land Act 1893 for the following reason: (Note 5)
I. the applicant is the judgment creditor;
2. the judgment to which the order relates has been satisfied;
3. the order has been cancelled by the court that issued it;
4. the sale period has expired.
(Select one of the above options. All others to be deleted - see Instructions 2 to 4.)
Dated this day of Year EXECUTION BY APPLICANT (Note 6)
| 2510 | GOVERNMENT GAZETTE, WA | 7 July 2006 |
INSTRUCTIONS OFFICE USE ONLY I. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons
signing this document and their witnesses.
2. In the case of options 2 and 3 of the Reason for Application, evidence of satisfaction I cancellation of the judgment supported by statutory declaration is to be lodged with the application.
3. In the case of option 1, the application is to be signed by all judgment creditors.
APPLICATION
4. In the case of options 2,3 and 4, the LODGED BY application can be made by any person.
NOTES ADDRESS 1. PROPERTY (SEIZURE AND SALE)
ORDER
In this form the above term includes 'Writ of I'IIONB No. Fien Facias" and "Local Court warrant of FAX No. execution".
2. PROPERTY (SEIZURE & SALE) ORDI; it
NUMBER REFERENCE No. Show the document number of the property (seizure & sale) order. ISSUING BOX No.
3. DESCRIPTION OF LAND PREPARED BY Lot and Diagram/Plan/Strata/Survey-Strata
Plan number or Location name and number to
be stated.
Extent - Whole, part or balance of the land ADDRESS comprised in the Certificate of Title to be stated. The Volume and Folio or Crown Lease PHONE No. number to be stated. FAX No.
4. APPLICANT INSTRUCT IF ANY DOCUMENTS ARE
State the full name of the Applicant and the TO ISSUE TO OTHER THAN LODGING address to which future Notices can be sent. PARTY
5. REASON FOR APPLICATION other three options by putting a single line through each of them.
6. APPLICANT'S EXECUTION TITLES, LEASES, DECLARATIONS ETC.
A separate attestation is required for every LODGED HEREWITH person signing this document. Each signature
I. Received Items should be separately witnessed by an adult
gpg. The full name, address and2.
occupation of the witness must be stated. 3. Nos. 4. 5. Receiving Clerk 6. Registered pursuant to the provisions of the
EXAMINED TRANSFER OF LAND ACT 1893 as
amended on the day and time shown above
and particulars entered in the Register.
7 July 2006 GOVERNMENT GAZETTE, WA 2511
(2) Schedule 3 Form 4 (Transfer of land under a property (seizure
and sale) order) is amended by deleting the box headed
"LODGED BY" and inserting instead —44 LODGED BY
ADDRESS
PHONE No.
FAX No.
REFERENCE No.
ISSUING BOX No.
(3) Schedule 3 Form 5 (Transfer of mortgage, charge, lease etc
under a property (seizure and sale) order) is amended in the box
headed "TRANSFER (UNDER PROPERTY (SEIZURE AND
SALE) ORDER)" by deleting "FAX No." in the second place
where it occurs.
JOHN GLADSTONE, Commissioner of Titles.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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