Transfer of Land (Single Register) Act 1998 (Vic)
Transfer of Land (Single Register) Act 1998
Act No. 85/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—AMENDMENTS TO TRANSFER OF LAND ACT 1958 3
3. Principal Act 3 4. Application of Property Law Act 1958 3 5. Definitions 3 6. New Part II substituted 5 PART II—BRINGING LAND UNDER THE ACT 5 Division 1—General 5
8. Land granted by Crown to be subject to this Act 5 9. Duty of Registrar 6 10. Who may bring land under this Act? 6 11. Leased land may be brought under the Act 8
Division 2—On legal practitioner's certificate 8
12. Choice of conversion schemes 8 13. Deed registration conversion scheme 9 14. Application (non-survey) conversion scheme 10 15. Application (survey) conversion scheme 11 16. Legal practitioner's certificate 14 17. Act to apply to conversion scheme land 14 18. Power of Registrar to create folio for conversion scheme land and require assurance contribution 14 19. In whose name title to issue 15 20. Removal of warning relating to subsisting interests 16 21. Removal of warnings relating to title 16
Division 3—Without legal practitioner's certificate 17
22. Lodgment of specified dealing 17 23. Application for creation of provisional folio 18 24. Creation of provisional folio 19
i
Section Page
25. Warning as to subsisting interests 19 26. Warning as to title dimensions 20 26A. In whose name provisional folio created 20 26B. Lodgment of competing interest 21 26C. Removal of warning as to subsisting interests—general 21 26D. Removal of warning as to subsisting interests— possessory interests 22 26E. Creation of identified folio 22 26F. Recording of interests on identified folio 23 26G. Effect of recording of interest on identified folio 24
26H. Interests in identified folio subject to subsisting interests 24
26I. Priority of interests 25 Division 4—General provisions applying to conversion under
this Part 25
26J. Search of title 25 26K. Warnings on provisional folios 25 26L. Land in a provisional folio cannot be subdivided or consolidated 26
26M. Mortgages 26 26N. Notice of creation of ordinary folio or provisional folio
for land in identified folio 27 26O. Notice of creation of folio under Division 2 for land in
provisional folio created under Division 3 30 26P.
Removal of warning relating to title dimensions 30 26Q.
Notice of creation of folio or removal of warning 31 26R. Caveats 33
26S. Registrar's discretions 34 26T. Documents lodged in support of application 37 26U. Notice of creation of folio 39 26V. Recording of instruments affecting land 39
26W. Requirement to Registrar to bring land under this Act 41
7. Register of land 42 8. Certificates of title 42 9. Execution 42 10. Claim for title by possession 42 11. Caveats 42 12. Notification of easements in Register 43 13. Repeal of section 80 43 14. Removal of caveat 43 15. Fees to be paid under the Act 43 16. Entitlement to indemnity 43 17. Service of notices 44 18. New Part VII inserted 44 PART VII—TRANSITIONAL 44
ii
Section Page 123. Mortgages under general law deemed to be mortgages
under this Act 44 124.
Limited folios and qualified folios 44 125.
Search of title 45 126.
Reconstruction of references to Registrar-General 45
19. Amendment of Fifth Schedule 45 20. Amendment of Schedule 5A 46
PART 3—AMENDMENTS TO PROPERTY LAW ACT 47
21. Principal Act 47 22. Registration of instruments 47 23. Vesting orders 47
PART 4—AMENDMENTS TO OTHER ACTS 48
24. Consequential amendments 48
__________________
SCHEDULE—Consequential amendments 49
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NOTES 72
iii
Victoria
No. 85 of 1998
Transfer of Land (Single Register) Act
1998†
[Assented to 17 November 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to amend the Transfer of Land Act 1958 to further streamline procedures for the conversion of general law land; and
(b) to amend the Property Law Act 1958; and
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 2
(c)
to make consequential amendments to other Acts.
2. Commencement
(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(3) If the provisions referred to in sub-section (2) do
not come into operation before 1 January 1999,
they come into operation on that day.
_______________
Transfer of Land (Single Register) Act 1998
| s. 3 | Act No. 85/1998 |
PART 2—AMENDMENTS TO TRANSFER OF LAND ACT
1958
3. Principal Act
| No. 6399. | In this Part the Transfer of Land Act 1958 is |
| Reprint No. 11 | |
| as at 19 June | called the Principal Act. |
| 1997. Further amended by Nos 84/1996 and 102/1997. |
4. Application of Property Law Act 1958
For section 3(2) of the Principal Act substitute— "(2) Save as otherwise expressly provided, Part I
of the Property Law Act 1958 does not
apply to land which is under the operation ofthis Act.".
5. Definitions
(1) In section 4(1) of the Principal Act insert— ' "conversion scheme" means a procedure for
bringing land under this Act set out in
section 13, 14 or 15;"entitled person" means a person who is entitled under section 10 to have land brought under this Act;
"identified folio" means a folio of the Register created pursuant to section 26E;
"provisional folio" means a folio of the Register on which there is recorded—
(a)
a warning in the form of Part III of the Fifth Schedule; or
(b)
a warning in the form of Part IV of the Fifth Schedule; or
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 5
(c)
a warning in the form of Part III of the Fifth Schedule and a warning in the form of Part IV of the Fifth Schedule; or
(d)
a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part V of the Fifth Schedule; or
(e)
a warning in the form of Part V of the Fifth Schedule;
"specified dealing", in Part II, means—
(a)
an instrument of transfer of land in an appropriate approved form; or
(b) a conveyance in fee simple of land; or
(c) a mortgage in fee simple of land; or
(d)
a mortgage of the equity of redemption in land; or
(e)
an assignment of a possessory interest in land (whether or not that land can be lawfully dealt with in accordance with section 8A of the Sale of Land Act 1962 without being subdivided)—
but does not include a reconveyance or a
conveyance in the nature of a discharge ofmortgage;
"subsisting interest", in Part II, in relation to
land, means—
(a)
an estate or interest in land that was in existence at the date on which a provisional folio or identified folio of the Register was first created for the land under Division 3 of that Part; or
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| s. 6 | Act No. 85/1998 |
(b)
any interest by prescription that was in existence or being acquired at that date.'.
(2) In section 4(1) of the Principal Act—
(a)
(b) the definition of "limited folio" is repealed;in the definition of "legal practitioner's "section 16"; (c) for the definition of "ordinary folio" ' "ordinary folio" means a folio of the Register that is not a provisional folio or an identified folio;';
(d) the definition of "qualified folio" is repealed; (e) in the definition of "registered proprietor" after "Register" insert "(other than an identified folio)"; (f) for the definition of "search of title" ' "search of title" means a search under
section 26J;'.
6. New Part II substituted
For Part II of the Principal Act substitute—
'PART II—BRINGING LAND UNDER THE ACT
Division 1—General
8. Land granted by Crown to be subject to this Act
(1) All unalienated lands of the Crown shall, when alienated in fee or by way of perpetual
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 lease or for years, be under the operation of
this Act.(2) The Crown grants of that land must be in
duplicate and must be delivered to the
Registrar.
(3) Despite sub-section (2), it is not necessary
for a Crown grant in fee to a prescribed
authority (within the meaning of section 28)
to be in duplicate unless the prescribed
authority makes a request to the contrary.
9. Duty of Registrar
(1) The Registrar must with all reasonable speed bring under the operation of this Act all land which has been granted by the Crown for an estate in fee simple and is not under the
operation of this Act.
(2) The Registrar may bring land under the
operation of this Act by the creation of an
ordinary folio, a provisional folio or an
identified folio under this Part.
10. Who may bring land under this Act?
(1) Any of the following persons is entitled
under this Part to have land brought under
this Act—
(a)
the person claiming to be the owner of the fee simple either at law or in equity;
(b)
persons who collectively claim to be the owners of the fee simple either at law or in equity;
(c)
persons who have the power of appointing or disposing of the fee simple;
(d)
trustees for the sale of the fee simple, but where any previous consent to their
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| s. 6 | Act No. 85/1998 |
| selling is requisite the proposal to bring land under this Act must first be consented to by the persons required to give that consent; |
(e) the guardian of any minor or administrator of any represented person if the guardian or administrator directs that the minor or represented person is to be recorded as the registered proprietor on the relevant folio of the Register; (f) the Settled Land Act 1958, if the
a tenant for life within the meaning of the settlement within the meaning of that Act are to be recorded as registered proprietor on the relevant folio of the Register and the trustees consent to the proposal to bring the land under this Act.
(2) Despite sub-section (1)—
(a) a mortgagor is not entitled to apply under section 14, 15 or 23 to bring land under this Act unless the mortgagee consents to the application; and (b) a mortgagee is not entitled to lodge a deed, conveyance or instrument under section 13 or 22 or apply under section 14, 15 or 23 to bring land under this Act unless— (i) in the case of the exercise of a power of sale, there is a direction that the relevant folio of the Register is to be created in the purchaser's name; and
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 (ii) in any other case, there is a direction that the relevant folio of the Register is to be created in the mortgagor's name.
11. Leased land may be brought under the Act (1) Land leased for a term of years of which at
least 10 years are unexpired, or leased for
years determinable with a life or lives, may
be brought under this Act.(2) The provisions of this Act relating to
freehold land extend and apply so far as
applicable and with any adaptations that are
necessary to the bringing of leasehold land
under this Act.
(3) Every folio of the Register for leasehold land
is subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant on the term.
Division 2—On legal practitioner's certificate
12. Choice of conversion schemes(1) An entitled person who wishes to have land
brought under this Act may use the
procedure in any of the conversion schemesunder this Division.
(2) If a person uses the procedure in one
under this Act this does not stop the person
trying to have the land brought under thisconversion scheme but fails to bring land scheme or under Division 3. (3) An entitled person may use the procedure in
any of the conversion schemes for the
creation of an ordinary folio or provisional
folio under this Division in respect of land
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even if a provisional folio or identified folio has been created for the land under Division 3 and for that purpose this Division applies
as if any reference to the bringing of land
under this Act were a reference to the
creation of an ordinary folio or provisional
folio under this Division.13. Deed registration conversion scheme (1) An entitled person may lodge with the
Registrar a deed, conveyance or instrument affecting land together with a legal practitioner's certificate relating to the title to the land.
(2) A person who lodges a legal practitioner's
certificate with the Registrar must also lodge
with it—
(a) the deeds that relate to the title to the land and that are in the person's possession; and (b) the deeds that relate to the title to the land and that the person may compel another person to produce except— (i) deeds which are deposited with the Registrar-General under the Property Law Act 1958; and
(ii) Registrar under section 26T or any
deeds which are retained by the and
(c) a search of title.
(3) The procedure in this section cannot be used to bring land under this Act if the title to the land is claimed by possession.
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 (4) If in respect of land the provisions of sub- sections (1) and (2) are complied with, and the deeds lodged show a good root of title which is at least 30 years old, the Registrar
may create—
(a) an ordinary folio; or
(b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate. (5) A person may withdraw from this conversion
scheme at any time before the creation of a
folio of the Register.
(6) On a withdrawal by a person from a
conversion scheme, the Registrar must return
to that person or the person appearing to be
entitled to them the legal practitioner's
certificate and the documents lodged under
sub-section (2).
14. Application (non-survey) conversion
scheme(1) An entitled person may apply under this section to the Registrar to have the land brought under this Act.
(2) An application must be in the prescribed
form and the applicant must lodge with the
application—
(a)
the deeds that relate to the title to the land and that are in the applicant's possession; and
(b)
the deeds that relate to the title to the land and that the person may compel another person to produce except—
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| s. 6 | Act No. 85/1998 |
(i) deeds which are deposited with the Registrar-General under the Property Law Act 1958; and
(ii) Registrar under section 26T or any
deeds which are retained by the and
(c) a search of title; and
(d) a legal practitioner's certificate relating to the title to the land. (3) The procedure in this section cannot be used to bring land under this Act if the title to the land is claimed by possession.
(4) If in respect of land the provisions of sub- sections (1) and (2) are complied with, and the deeds lodged show a good root of title which is at least 30 years old, the Registrar
may create—
(a) an ordinary folio; or
(b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate. (5) An applicant may withdraw an application at any time before the creation of a folio of the Register.
(6) On the withdrawal of an application, the
Registrar must return to the applicant or to the person appearing to be entitled to them the documents lodged in support of the
application.
15. Application (survey) conversion scheme
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 (1) An entitled person may apply under this section to the Registrar to have the land brought under this Act.
(2) An application must be in the prescribed
form and the applicant must lodge with the
application—
(a) a plan of survey of the land (with an abstract of field records) certified by a licensed surveyor or any other plan, diagram or document describing the land which satisfies the Registrar as to description; and (b) the deeds that relate to the title to the land and that are in the applicant's possession; and (c) the deeds that relate to the title to the land and that the person may compel another person to produce except— (i) deeds which are deposited with the Registrar-General under the Property Law Act 1958; and
(ii) Registrar under section 26T or any
deeds which are retained by the and
(d) a search of title; and
(e)
a legal practitioner's certificate relating to the title to the land; and
(f)
if the applicant's title to the land is claimed by possession, the material on which the legal practitioner's certificate is based.
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| s. 6 | Act No. 85/1998 |
(3) The Registrar must cause notice of the
proposed creation of the folio to be given in
accordance with section 26Q.
(4) If in respect of land the provisions of sub-
section (1) and of sub-section (2)(a), (b), (c), (d) and (e) and of sections 26Q and 26R are complied with and the deeds lodged show a good root of title which is at least 30 years
old, the Registrar may create—
(a) an ordinary folio; or
(b)
a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate.
(5) If in respect of a title to land claimed by
possession, the provisions of sub-section (1) and sub-section (2)(a), (d), (e) and (f) and of sections 26Q and 26R are complied with, the Registrar may create—
(a) an ordinary folio; or
(b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate. (6) An applicant may withdraw an application at any time before the creation of a folio of the Register.
(7) On the withdrawal of an application, the
Registrar must return to the applicant or to the person appearing to be entitled to them
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 the documents lodged in support of the
application.
16. Legal practitioner's certificate
A legal practitioner's certificate must—(a)
be prepared and signed by a legal practitioner; and
(b)
be in the appropriate form in Schedule 5A as amended and in force for the time being.
17. The land comprised in a provisional folio
created under this Division is subject to any
warning recorded on the folio and to any
qualifications in any warning recorded on the
Act to apply to conversion scheme land encumbrance.
18. Power of Registrar to create folio for conversion scheme land and require assurance contribution
(1) The Registrar may in respect of land which is the subject of a conversion scheme—
(a) create an ordinary folio; or
(b) create a provisional folio on which the only warning recorded is a warning in the form of Part IV of the Fifth Schedule; or
(c) create a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule which mentions— (i) if there is only one qualification in the legal practitioner's certificate
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relating to the title to the land, that
qualification; or
(ii) qualification mentioned in the
if there is more than one relating to the title to the land, one or more but not all of those qualifications; or
(d) create a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part III of the Fifth Schedule which mentions— (i) if there is only one qualification in the legal practitioner's certificate relating to the title to the land, that qualification; or
(ii) qualification mentioned in the
if there is more than one relating to the title to the land, one or more but not all of those qualifications—
and may require the payment of an assurance
contribution.
(2) This section does not limit section 108(3).
19. In whose name title to issue(1) A folio created under a conversion scheme is
to be in the name of—
(a)
the person who in accordance with the documents lodged is entitled to be registered as proprietor of the fee of the land; or
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6
(b) if conversion is based on the delivery of the land by way of mortgage, the person who in accordance with the documents lodged is entitled to be registered as proprietor of the equity of redemption; or
(c)
if a person mentioned in paragraph (a) or (b) directs the folio to be created in the name of another person, that other person.
(2) If before a folio of the Register is created
under a conversion scheme, the person who is to be recorded as registered proprietor on the folio dies, the folio is to be created
recording as registered proprietor the dead person and the land is to pass as if the folio had been created before the person died.
20. Removal of warning relating to subsisting interests
(1) On the creation of an ordinary folio or provisional folio under this Division in respect of land for which a provisional folio
was created under Division 3, the Registrar
must delete the warning in the form of Part V
of the Fifth Schedule from the folio and
make any necessary amendments to the
Register.(2) On the deletion of the warning from the folio
under sub-section (1), the land in the folio
ceases to be subject to the subsisting
interests referred to in that warning.
21. Removal of warnings relating to title
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| s. 6 | Act No. 85/1998 |
(1) Land in a provisional folio created under this Division ceases to be subject to the qualifications stated in the legal practitioner's certificate and recorded on the provisional folio at the end of 15 years from the date of creation of the provisional folio.
(2) When registering a dealing that relates to a
provisional folio created under this Division,
the Registrar may delete the warning from
the folio if satisfied that the land has ceased
under sub-section (1) to be subject to the
qualifications in the legal practitioner's
certificate.
Division 3—Without legal practitioner's
certificate
22. Lodgment of specified dealing
(1) An entitled person may lodge with theRegistrar a specified dealing relating to the land.
(2) The person who lodges the specified dealing must lodge—
(a) conveyance, mortgage or assignment of
the deed or instrument of transfer, specified dealing; and
(b)
the last deed or other instrument which indicates the person's entitlement to deal with the land; and
(c) a search of title relating to the land.
(3) An applicant may withdraw the specified
dealing at any time before the creation of a
folio of the Register.
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 (4) On the withdrawal of the specified dealing,
the Registrar must return to that person or to
the person appearing to be entitled to them
the documents lodged under sub-section (2).
(5) For the purposes of any regulations under
section 120(2)(b), an instrument of
conveyance of the fee simple in land lodged
under this section is deemed to be an
instrument of transfer of the land.
23. Application for creation of provisional folio
(1) An entitled person may apply under this
section to the Registrar to have land brought
under this Act by the creation of a
provisional folio.(2) An application cannot be made under this section if the entitled person could lodge a specified dealing in respect of the land under
section 22.
(3) An application must be in the prescribed
form.
(4) Except as provided in sub-section (5), the applicant must lodge with the application—
(a) if there has been a dealing in the land by the applicant the deed, instrument or document that comprises the dealing; and (b) if the person's entitlement to deal with the land arises from a conveyance or mortgage, the last deed or other instrument which indicates that person's entitlement to deal with the land; and (c) if the person's entitlement to deal with the land arises from an assignment of possessory interests, evidence to the satisfaction of the Registrar of the
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| s. 6 | Act No. 85/1998 |
| person's entitlement to deal with the land; and |
(d) a search of title relating to the land. (5) If the application relates to the vesting in fee
simple of land in any person or body by
order of a court or by or under an Act, the
applicant must lodge with the application
such information as the Registrar reasonably
requires for the creation of the folio.(6) An applicant may withdraw the application at any time before the creation of a folio of the Register.
(7) On the withdrawal of the application, the
Registrar must return to that person or to the person appearing to be entitled to them the documents lodged under sub-section (2).
24. Creation of provisional folio Registrar is satisfied that there is sufficient information available to identify the land and the applicant's interest in the land, the Registrar may create a provisional folio for the land.
25. Warning as to subsisting interests
(1) The Registrar must record on a provisionalfolio created under this Division a warning in the form of Part V of the Fifth Schedule.
(2) The land comprised in a provisional folio
created under this Division is subject to any
subsisting interests.
(3) Nothing in sub-section (2) affects the operation of section 42(2).
(4) Section 43 does not operate to defeat any claim based on a subsisting interest affecting
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 the land in a provisional folio created under
this Division.
26. Warning as to title dimensions
(1) The Registrar may record on a provisional
folio created under this Division a warning
in the form of Part IV of the Fifth Schedule.
(2) The land comprised in a provisional folio
created under this Division on which there is recorded a warning in the form of Part IV of the Fifth Schedule is subject to that warning as if that warning were an encumbrance.
26A. In whose name provisional folio created
(1) A provisional folio under this Division is to be created in the name of—
(a)
the person who in accordance with the documents is entitled to be registered as proprietor of the fee of the land; or
(b)
if the creation of the folio is based on the delivery of a document which is a conveyance of the land by way of
mortgage, the person who in
accordance with the documents lodged
is entitled to be registered as proprietor
of the equity of redemption; or(c)
if a person mentioned in paragraph (a) or (b) directs the folio to be created in the name of another person, that other person.
(2) If before a provisional folio of the Register is
created under this Division, the person who is to be recorded as registered proprietor on the folio dies, the folio is to be created
recording as registered proprietor the dead person and the land is to pass as if the folio had been created before the person died.
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26B. Lodgment of competing interest
(1) If a provisional folio has been created under this Division in respect of land and a person other than the registered proprietor or a
person claiming through the registered proprietor purports to lodge a specified dealing in respect of the land or any part of
the land, the Registrar may refuse to register
the specified dealing unless the Court
declares otherwise.(2) The Registrar must give the person who
purports to lodge the specified dealing notice
of the existence of the provisional folio for
the land.
(3) The person given notice under sub-section
(2) may apply to the Court for a declaration
that the land described in the provisional
folio is subject to the specified dealing.
(4) The Registrar must give effect to a
declaration of the Court under this section.
26C. Removal of warning as to subsisting interests—general
(1) Land in a provisional folio created under this Division (other than a folio created in respect of a possessory interest) ceases to be subject to the subsisting interests referred to in the
warning in the form of Part V of the Fifth
Schedule recorded on the folio at the end of
15 years from the date of creation of the
provisional folio.(2) When registering a dealing that relates to a
provisional folio created under this Division
the Registrar may delete the warning in the
form of Part V of the Fifth Schedule from the
folio if satisfied that the land has ceased
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 under sub-section (1) to be subject to
subsisting interests.26D. Removal of warning as to subsisting interests—possessory interests
(1) If a provisional folio has been created under
interest, the Registrar, on the application of a
person interested, must at or after the end of
15 years after the creation of the folio cause
notice of the Registrar's intention to delete
the warning in the form of Part V of the Fifththis Division in respect of a possessory accordance with section 26Q. (2) If the Registrar is satisfied that sections 26Q
and 26R have been complied with and that
the warning can be deleted, the Registrar
may delete the warning from the folio and
make any necessary amendments to the
Register.
(3) On the deletion of the warning from the folio
under sub-section (2), the land in the folio
ceases to be subject to the subsisting
interests referred to in that warning.
26E. Creation of identified folio
(1) The Registrar may create an identified folio
of the Register for land not under the
operation of this Act—
(a) if the Registrar is directed, required or permitted by or under an Act to make a recording in or amendment to the Register in respect of a dealing with or interest in that land (other than a specified dealing) and the Registrar does not consider it appropriate to
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
| create a provisional folio or ordinary folio under this Part for that land; or |
(b)
if a person lodges with the Registrar an instrument or document showing evidence of that person's interest in that land (other than an instrument or document showing evidence of a specified dealing in the land); or
(c)
otherwise if sufficient information is available to the Registrar to properly identify the land.
(2) The Registrar must not create an identified
folio unless the Registrar is satisfied that sufficient information is available to the Registrar to properly identify the land.
(3) This section does not apply to unalienated land of the Crown.
(4) In this section—
"interest" includes a judgment, decree,
order or process of execution of a court;
"specified dealing" includes a vesting in feesimple of land in any person or body by
order of a court or by or under an Act.
26F. Recording of interests on identified folio
(1) Any person with or claiming an interest in
land described in an identified folio may
lodge with the Registrar a notice in an
appropriate approved form together with an
instrument or document showing evidence of
that person's interest in that land (other than
a specified dealing in the land).(2) The Registrar may record on an identified folio for land—
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6
(a)
an interest in that land for which evidence is given under sub-section (1); or
(b)
any matter, notice or document relating to that land (other than a specified dealing) in respect of which the Registrar is directed, required or permitted by or under an Act to make a recording in or amendment to the Register.
(3) In this section—
"interest" includes a judgment, decree,
order or process of execution of a court;
"specified dealing" includes a vesting in feesimple of land in any person or body by
order of a court or by or under an Act.
26G. Effect of recording of interest on identified
folio
(1) The recording of an interest in land on an
identified folio under section 26F(2)(a) must
not be taken to create, pass or confirm that
interest or to make any person the registered
proprietor under this Act of that interest.
(2) Section 40 does not apply in respect of an
interest in land recorded on an identified
folio.
(3) Section 89 does not apply in respect of land in an identified folio.
26H. Interests in identified folio subject to subsisting interests
(1) An interest in land recorded on an identified folio is subject to all subsisting interests
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
existing at the time the interest is recorded
on the folio.(2) Nothing in sub-section (1) affects the operation of section 42(2).
(3) Section 43 does not operate to defeat any
claim based on an interest in land recorded in
an identified folio or a subsisting interest
affecting that land.
26I. Priority of interests
Despite anything to the contrary in this Act, the priority of any interest in land recorded on a folio created under this Division in
relation to any subsisting interest must be
determined as if—
(a) the land were not under the operation of this Act; and (b) the interest could have been registered under section 6 of the Property Law Act 1958 at the time that it was recorded on the folio and was so registered. Division 4—General provisions applying to conversion under this Part
26J. Search of title
A search of title—
(a)
must set out in the prescribed form the results of searches relating to the title to the land; and
(b)
must be prepared and signed in accordance with the regulations.
26K. Warnings on provisional folios
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 (1) Section 106(c) does not apply to a warning
recorded on a provisional folio created under
Division 2 or 3.
(2) If by a wrong description of parcels or of
boundaries land is incorrectly included in a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule, section 42 does not operate to
defeat any estate or interest in the land
adverse to or in derogation of the title of the
registered proprietor and not recorded on the
provisional folio, whether or not the
registered proprietor is a purchaser or
mortgagee of that land for value or derives
title from such a purchaser or mortgagee.26L. Land in a provisional folio cannot be subdivided or consolidated
(1) Despite anything to the contrary in any other
Act, land in a provisional folio cannot be subdivided or consolidated with other land while it remains in that folio.
(2) Sub-section (1) does not apply to land in a
provisional folio which contains only a
warning in the form of Part IV of the Fifth
Schedule.
(3) Nothing in sub-section (1) prevents the
compulsory acquisition of the land or part of
the land in a provisional folio or affects the
operation of section 35 of the Subdivision
Act 1988.
26M. Mortgages
(1) If land is brought under this Act by the
creation of an ordinary folio or provisional folio under Division 2 or 3 and the creation
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
of that folio is based on the delivery of a
document which is a conveyance of the land
by way of mortgage, the mortgage is deemed
to be a mortgage registered under section 74.(2) Any second or subsequent conveyance by way of mortgage under the general law of the land in the ordinary folio or provisional
folio is deemed to be a second or subsequent
mortgage registered under section 74.
(3) If a second or subsequent mortgage under
the general law was registered under the of the ordinary folio or provisional folio and a first or legal mortgage of the land which was not registered under the Property Law Act 1958 is deemed under sub-section (1) to be registered under this Act, the registered proprietors of the mortgages may apply jointly to the Registrar for the variation of the priority of the mortgages. (4) If an application is made under sub-section
(3), the Registrar may vary the priority of the
mortgages between or amongst themselves,
on the creation of the ordinary folio or
provisional folio.
26N. Notice of creation of ordinary folio or provisional folio for land in identified folio
(1) Before a provisional folio or an ordinary
identified folio, the person seeking the
creation of the folio may apply to thefolio is created under this Part for land in an for the giving of a notice under sub-section (3) to a person claiming an interest recorded on the identified folio.
(2) An application under this section must—
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6
(a)
specify the land and the interest in the land in respect of which the application is made; and
(b)
be supported by a certificate signed by a legal practitioner to the effect that the person claiming the interest recorded
on the identified folio does not have the
interest claimed.(3) On receiving an application and certificate
the applicant has an interest in the land in
respect of which the application is made, theunder this section and on being satisfied that claiming the interest recorded on the identified folio. (4) The notice must state to the effect that the
recording of that interest will be deleted
from the identified folio on a day specified in
the notice unless before that time—
(a) the application is abandoned by notice in writing given to the Registrar by or on behalf of the applicant; or (b) notice in writing is given to the Registrar that proceedings in a court of competent jurisdiction to substantiate the claim of the person claiming the interest recorded on the identified folio have commenced. (5) The Registrar must not cause a day to be
specified in the notice that is less than
35 days after the day on which the notice is
served, or if the notice is sent by post, the
day on which it is introduced into the course
of the post.
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
(6) On the specified day, the Registrar must
make all necessary amendments to the Register to delete the recording of the interest in respect of which the application is
made unless—
(a) the application has been abandoned in accordance with sub-section (4); or (b) Registrar in accordance with sub-
written notice has been given to the commenced.
(7) An application under this section may be
abandoned either wholly or as to part of the land or the interest in the land in respect of which it is made either before or after the
notice is given under sub-section (3), but, if notice has been given, only with the consent of the person claiming the interest or the
agent of that person.(8) If in proceedings of which notice is given to the Registrar in accordance with sub-section (4), the interest of the person bringing the
proceedings is not substantiated to the
satisfaction of the Court—
(a) the Court may make any order in relation to the recording of the interest as the Court thinks fit; and (b) the Registrar must give effect to that order. (9) If there is served on the Registrar a copy of any notice or an office copy of any order of the Court disclosing that proceedings of
which notice was given in accordance with
sub-section (4) have been discontinued,
withdrawn or struck out or evidence to the
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 satisfaction of the Registrar that those proceedings have been dismissed, the Registrar may make all necessary
amendments to the Register to delete the
recording of the interest in respect of which
the proceedings were commenced.(10) This section does not apply to any interest in land created by another Act.
26O. Notice of creation of folio under Division 2 for land in provisional folio created under Division 3
(1) If a folio of the Register is to be created
in relation to land for which a provisional
folio has been created under Division 3, theunder a conversion scheme under Division 2 creation of a folio under that Division to the registered proprietor of that provisional folio in accordance with section 26Q. (2) The Registrar is not required to give notice
under sub-section (1) if the registered
proprietor of the new folio is the same as the
registered proprietor of the folio created
under Division 3.
26P. Removal of warning relating to title
dimensions
(1) The registered proprietor of the land in a
provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule may apply to the Registrar in the
prescribed form to have the warning deleted
from the folio.(2) An application under sub-section (1) must be lodged with a plan of survey of the land
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
(with an abstract of field records) certified
by a licensed surveyor.(3) If the Registrar is satisfied that the land in
the plan of survey represents the land
actually and bona fide occupied by the
applicant and purporting to be so occupied
under the provisional folio, the Registrar
may delete the warning from the folio and
make any necessary amendments to the
Register.
(4) This section does not prevent an applicant under sub-section (1) from including in the application by separate definition in the plan
of survey lodged with the application such
additional land as the applicant claims bypossession or otherwise.
(5) If an application includes additional land in
accordance with sub-section (4), the creation of the folio to be given in accordance with section 26Q. (6) In addition to the requirements of sections
26Q and 26R, the provisions of this Act
relating to the granting of vesting orders by
the Registrar as are appropriate to land
which is, and land which is not under the
operation of this Act, apply to the land
included in the application.
(7) This section does not limit section 106(e).
(8) Section 102 applies to an application under
this section as if it referred to an application
under this section instead of an application tobring land under this Act.
26Q. Notice of creation of folio or removal of
warning
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 (1) The Registrar must cause the notice required to be given to a person under section 15, 26D or 26P in respect of land to be given—
(a)
by publication at least once in a newspaper circulating in the city of Melbourne or in the district in which the land is situate; and
(b) personally or by post—
(i) to the occupiers of the land and to the owners and occupiers of contiguous land; and
(ii) to such other persons (if any) as the Registrar thinks fit.
(2) The Registrar must cause the notice required
to be given under section 26O to be given
personally or by post to the registered
proprietor of the land in the provisional folio.
(3) If the folio to be created or the folio from
which the warning is to be removed is or was created on the basis of a claim by possession, the Registrar, in addition to the notice under
sub-section (1), must cause the person who is
or is to be the registered proprietor of the
land in the folio to be created or from whichthe warning is to be removed—
(a) to post a notice of the proposal in an appropriate approved form on the land or at a place the Registrar directs; and (b) to keep the notice so posted for not less than 21 days prior to the creation of the folio or the removal of the warning. (4) A notice under this section must specify a time (being not less than 14 days) after the expiration of which the Registrar may,
unless a caveat is lodged forbidding that
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
action, create the relevant folio of the from the folio.
26R. Caveats
(1) Any person claiming an estate or interest in
the land for which notice is required to be
given in accordance with section 26Q(1)
may, before the creation of the folio for the
land or the removal of the warning, lodge a
caveat with the Registrar in an appropriate
approved form forbidding the creation of the
folio or the removal of the warning.
(2) The registered proprietor of land to whom
notice is required to be given in accordance
with section 26Q(2) may, before the creation
of the new folio for the land, lodge a caveat
with the Registrar in an appropriate approved
form forbidding the creation of the folio.
(3) On the lodgment of a caveat under this section, the Registrar—
(a) must notify the person who is to be the registered proprietor of the folio which is to be created or the registered proprietor of the folio from which the
warning is to be removed, of the caveat;
and(b) must not proceed with the creation of the folio or the removal of the warning until— (i) the caveat has been withdrawn or has lapsed; or
(ii) a judgment or order in the matter has been obtained from the Court.
(4) The person notified under sub-section (3)(a) may summon the caveator to attend before
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 the Court to show cause why the caveat
should not be removed.(5) The Court may make any order in the matter either ex parte or otherwise and as to costs as the Court thinks fit.
(6) A caveat under this section is deemed to
lapse after the expiration of 30 days from the
lodgment of the caveat unless the caveator
has within that time—
(a) commenced proceedings in a court of competent jurisdiction to establish the caveator's title to the estate or interest specified in the caveat and given written notice of those proceedings to
the Registrar; or(b) obtained and served on the Registrar an injunction or order of the Court restraining the Registrar from creating the folio or removing the warning. (7) A caveat must not be renewed by or on
behalf of the same person in respect of the
same estate or interest.
(8) If an application has been withdrawn under
section 15 and a caveator has been put to
expense without sufficient cause by reason
of the application, the caveator is entitled to
receive from the applicant any compensation
that the Court considers just and orders.
26S. Registrar's discretions
(1) The Registrar may—
(a)
refuse to bring land under this Act by means of a conversion scheme in Division 2 if in the Registrar's opinion—
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
(i) the documents lodged under the unsatisfactory or incomplete; or
(ii) lodged under the scheme conflicts
the information in a document kept in the office of the Registrar- General or in the Office of Titles; or
(iii) insufficient information has been create a folio of the Register under Division 2; or
(iv) processing and checking
documents or for any other reasonbecause of the time involved in land under this Act by using a conversion scheme under Division 2;
(b) create a provisional folio or identified folio under Division 3 if— (i) a conversion scheme under Division 2 has been used in respect of the land and the
ordinary folio or provisional folio
should not be created underRegistrar is satisfied that an in paragraph (a); or
(ii) in any other case, the Registrar considers it appropriate to do so;
(c)
create an identified folio under Division 3 for land if the Registrar is not
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 satisfied that a provisional folio should
be created under that Division;
(d) create an identified folio for land not under the operation of this Act which the Registrar can identify from the records held in the Office of Titles or in
the office of the Registrar-General;(e) create a new identified folio for land or part of the land in an existing identified folio or provisional folio; (f) refuse to create any folio of the Register for land if a folio of the Register has already been created for that land; (g) refuse to create any folio for the land if the land is not able to be identified; (h) amend an identified folio or provisional folio created under Division 3 to record such particulars as the Registrar thinks fit of any encumbrance or other estate or interest which the Registrar is satisfied affects the land;
(i) cancel a provisional folio created under Division 3, if an ordinary folio or a provisional folio under Division 2 is created for the land;
(j)
cancel a provisional folio created under Division 2, if an ordinary folio is created for the land;
(k)
cancel an identified folio if an ordinary folio or provisional folio is created for the land.
(2) If the Registrar refuses to bring land under
this Act by means of a conversion scheme
under Division 2, the Registrar must give
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
notice of the refusal and the reasons for it to
the person who lodged the legal
practitioner's certificate relating to the title of
the land.(3) If the Registrar refuses to bring land under
this Act by the creation of a provisional folio
under Division 3, the Registrar must give
notice of the refusal and the reasons for it to
the person who lodged the specified dealing
or application relating to the land.
(4) Section 116 does not apply to the Registrar's
refusal to bring land under this Act under
Division 2.
(5) The Registrar is not to be treated as having notice of the contents of a document merely because the document was lodged with or
produced to the Registrar under this Part or
deposited with the Registrar-General.(6) If documents are lodged with the Registrar under this Part, the Registrar is not required to examine any document lodged with, or
referred to in, the legal practitioner's
certificate or produced to the Registrar or
deposited with the Registrar-General, before
bringing the land concerned under the
operation of this Act.(7) The refusal of the Registrar to bring land
under this Act by a conversion scheme under
Division 2 does not prevent the Registrar
from bringing the land under this Act under
Division 3.
26T. Documents lodged in support of application
(1) The Registrar must retain documents which
have been lodged under this Part unless the
Registrar returns a document in accordance
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 with sub-section (2) or (3) or another
provision of this Part.(2) The Registrar must on request return to the
person who lodged it or appears to be
entitled to it any document which has been
lodged under this Part and which—
(a) relates to land which is brought under this Act and is a subsisting lease, mortgage or charge; or (b) relates to land which is not brought under the operation of this Act and— (i) is a subsisting lease, mortgage or charge; or
(ii) or are the last deeds which
is the last deed which constitutes, equity of redemption.
(3) The Registrar may—
(a) on request return to the person who lodged it or appears to be entitled to it any document which has been lodged under this Part and which the Registrar is not required to return under sub- section (2); and (b) impose conditions or requirements in relation to the return of that document. (4) Before returning a document under sub-
section (2) or (3) the Registrar must take a
copy or require a copy to be taken of the
document and must retain that copy with
other documents lodged under the
conversion scheme.
(5) No action shall be brought on—
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
(a) any covenant or agreement for the under this section; or
(b) any agreement to give or enter into a covenant for the production of any documents retained under this section. (6) If any action referred to in sub-section (5) is
commenced it is a sufficient answer to that
action that the documents are retained under
this Act.
26U. Notice of creation of folio
If the Registrar considers it appropriate to do so, the Registrar must give notice of the creation of an ordinary folio or provisional folio of the Register under this Part—
(a)
to every person having any estate or interest evidenced by any recording on the folio; and
(b)
to any other persons that the Registrar thinks fit.
26V. Recording of instruments affecting land
(1) The Registrar may make a recording in the
Register of an instrument which affects land brought under this Act under this Part even though the instrument is not in the appropriate approved or prescribed form if—
(a) the instrument is dated before or not later than 6 months after the date of creation of the first folio of the Register to the land; and
(b) complies with the requirements which
the instrument is in a form which instruments under section 6 of the
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 6 Property Law Act 1958 as in force immediately before the commencement of section 22 of the Transfer of Land (Single Register) Act 1998.
(2) If—
(a) an instrument of transfer or mortgage in an appropriate approved form is lodged with the Registrar for recording under this Act—
(i) together with a legal practitioner's the land; or
(ii) after a legal practitioner's the land has been lodged with the Registrar; or
(iii) as a specified dealing under Division 3; or
(iv) after a specified dealing in relation to the land has been lodged under Division 3; and
(b)
the Registrar refuses to bring the land under this Act otherwise than by the creation of an identified folio—
the instrument—
(c) is deemed to be a deed; and
(d)
operates as a conveyance of the fee or equity of redemption (as the case requires); and
(e)
in all other respects has effect as a conveyance or mortgage under the general law.
(3) If—
Transfer of Land (Single Register) Act 1998
| s. 6 | Act No. 85/1998 |
(a)
an instrument of mortgage in an appropriate approved form is entered into in anticipation of the lodging under Division 2 of a legal practitioner's certificate relating to the title to the land; and
(b) either—
(i) the legal practitioner's certificate
is not so lodged; or(ii) the Registrar refuses to accept the lodgment under Division 2—
the instrument—
(c) is deemed to be a deed; and
(d) operates as a conveyance of the fee or equity of redemption (as the case requires); and (e) in all other respects has effect as a mortgage under the general law. (4) It is not necessary for any person to enquire
whether a mortgage was entered into in an
appropriate approved form in anticipation of
the lodging of a legal practitioner's
certificate under Division 2.
(5) In this section "specified dealing" does not
include an assignment of possessory rights.
26W. Requirement to Registrar to bring land
under this Act
If under any Act, whether enacted before or
after the Transfer of Land (Single
Register) Act 1998, the Registrar is required
to make any amendments or recordings in
the Register in respect of land and the land is
not under the operation of this Act and is not
Transfer of Land (Single Register) Act 1998
s. 7
s. 9
Act No. 85/1998
unalienated Crown land, that requirement is
to be read and construed as including a
requirement to bring the land under theoperation of this Act.'.
7. Register of land
(1) For section 27(7)(b) of the Principal Act
substitute—
"(b) except in the case of an identified folio, a
description of the proprietor for the time
being of the land for which it was created;".
(2) After section 27(7) of the Principal Act insert—
"(7A) The Registrar must not include a description
of the proprietor for the time being of the land when an identified folio is created.".
8. Certificates of title
After section 27B(12) of the Principal Act insert—
"(13) Despite anything to the contrary in this
section, the Registrar must not produce a certificate of title for an identified folio.".
9. Execution
In section 52(1) of the Principal Act after
"Division" insert "or Division 3 of Part II".
10. Claim for title by possession
In section 60(1) of the Principal Act after
"surveyor" insert "or any other plan, diagram or
document describing the land which satisfies theRegistrar as to description".
11. Caveats
(1) In section 61(2) of the Principal Act for "against bringing land under the operation of this Act"
Transfer of Land (Single Register) Act 1998
| s. 14 | Act No. 85/1998 |
substitute "under section 26R against the creation
of a folio".(2) In section 73(4) of the Principal Act for "against
bringing land under the operation of this Act"
substitute "under section 26R against the creation
of a folio".
(3) In section 100 of the Principal Act for "against
bringing land under the operation of this Act"
substitute "under section 26R against the creation
of a folio.".
12. Notification of easements in Register
In section 72 of the Principal Act, after sub- section (2A) insert—
"(2B) The Registrar may accept a legal
practitioner's certificate as evidence of the
creation of an easement over or upon orappurtenant to any land under this Act.".
13. Repeal of section 80
Section 80 of the Principal Act is repealed.
14. Removal of caveat
In section 89A(7)(b) of the Principal Act after "struck out" insert "or evidence to the satisfaction of the Registrar that those proceedings have been dismissed".
15. Fees to be paid under the Act
Section 108(4) of the Principal Act is repealed.
16. Entitlement to indemnity
In section 110(1)(a) of the Principal Act after
"Act" insert "under Division 2 of Part II or by the
Transfer of Land (Single Register) Act 1998
Act No. 85/1998
creation of a provisional folio under Division 3 of
Part II".
17. Service of notices
In section 113 of the Principal Act, after sub- section (6) insert—
"(6A) The Registrar must on request in an
appropriate approved form made by any person who lodged under section 26F(1) notice of an interest in land, amend or alter
the address appointed in the notice at whichnotices may be served.".
18. New Part VII inserted
After Part VI of the Principal Act insert—
"PART VII—TRANSITIONAL
123. Mortgages under general law deemed to be mortgages under this Act
On the commencement of section 6 of the Transfer of Land (Single Register) Act 1998, any legal mortgage under the general
law which is existing at that commencement and which is recorded as an encumbrance on a folio of the Register, is deemed to be a
mortgage registered under section 74.
124. Limited folios and qualified folios
(1) On the commencement of section 6 of the Transfer of Land (Single Register) Act 1998, each limited folio existing under Part
II immediately before that commencement is deemed to be a provisional folio created under Division 3 of Part II on that commencement.
(2) On the commencement of section 6 of the
Transfer of Land (Single Register) Act
Transfer of Land (Single Register) Act 1998
s. 18
| s. 19 | Act No. 85/1998 |
1998, each qualified folio existing under commencement is deemed to be a provisional folio created under Division 2 of Part II on that commencement.
125. Search of title of the Transfer of Land (Single Register) Act 1998, a search of title carried out in accordance with section 26F of this Act as in force immediately before that commencement is deemed to be a search of title carried out in accordance with section 26J of this Act as amended by the Transfer of Land (Single Register) Act 1998.
126. Reconstruction of references to Registrar-
GeneralOn and from the commencement of section 6
of the Transfer of Land (Single Register)
Act 1998 a provision of any Act requiring
the Registrar-General to make any
amendment to the records of enrolment of
any Crown Grant or to any memorial relating
to land (however described) is to be read and
construed as a direction to the Registrar to
bring the land (other than unalienated Crown
land) under the operation of this Act and to
make the appropriate recordings in the
Register.".
19. Amendment of Fifth Schedule
(1) In Parts III and IV of the Fifth Schedule to the
Principal Act for "QUALIFIED FOLIO"
substitute "PROVISIONAL FOLIO".
(2) After Part IV of the Fifth Schedule to the
Principal Act insert—
Transfer of Land (Single Register) Act 1998
Act No. 85/1998
"PART V—PROVISIONAL FOLIO
Warning as to subsisting interests
This title is based on General Law documents which have not been investigated by the Registrar of Titles. Subsisting interests under the General Law may affect this title.".
20. Amendment of Schedule 5A
In the Schedule to Part 2 of Schedule 5A of the
Principal Act, after item 4 insert—
"5. Qualifications:
(Here specify any qualifications the solicitor
has with respect to the title. A reference to
title acquired by possession for more than
15 years but less than 30 years should be
included. A reference to any other defects in
title should also be included eg. missingdeeds, or as the case may be.).".
_______________
Transfer of Land (Single Register) Act 1998
| s. 21 | Act No. 85/1998 |
PART 3—AMENDMENTS TO PROPERTY LAW ACT
21. Principal Act
| No. 6344. | In this Part the Property Law Act 1958 is called |
| Reprint No. 9 | |
| as at 8 August | the Principal Act. |
| 1997. Further amended by Nos 83/1996 and 84/1996. |
22. Registration of instruments
(1) Sections 4, 5(1) and (3), 7 to 12 and 13(c) of the Principal Act are repealed.
(2) At the end of section 6 of the Principal Act
insert—
"(2) Despite sub-section (1), no deed conveyance
or other instrument may be registered in the
office of the Registrar-General under that
sub-section on and from the commencement
of section 6 of the Transfer of Land (SingleRegister) Act 1998.".
23. Vesting orders
Section 22(1) of the Principal Act is repealed.
_______________
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 s. 24
PART 4—AMENDMENTS TO OTHER ACTS
24. Consequential amendments
On the coming into operation of this section, the
Act specified in the heading to an item in theSchedule is amended as set out in that item.
__________________
Transfer of Land (Single Register) Act 1998
| Sch. | Act No. 85/1998 |
SCHEDULE
1. Aboriginal Lands Act 1991
In section 8, sub-sections (2) and (3) are repealed.
2. Albury-Wodonga Agreement Act 1973
2.1 In section 15A(3)—
(a)
in paragraph (b) after "transfer" insert "or conveyance";
(b)
in paragraph (c) omit "upon the registration under Part 1 of the Property Law Act 1958 of a conveyance containing the covenant or";
(c) paragraph (e) is repealed;
(d)
in paragraph (f) omit "the land burdened by the covenant is under the operation of the Transfer of Land Act 1958 and".
2.2 After section 15A(7) insert—
"(8) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a
covenant entered into under this section and
registered under the Property Law Act 1958 and
existing immediately before the commencement ofthat section 24.".
3. Alcoa (Portland Aluminium Smelter) Act 1980
In section 11, sub-section (2) is repealed.
4. Anglican Welfare Agency Act 1997
In section 14, sub-section (2) is repealed.
5. Associations Incorporation Act 1981
In section 9 for sub-section (3) substitute—
"(3) If—
(a)
land that is not under the Transfer of Land Act 1958 vests in an incorporated association by reason of the operation of section 8(1) of this Act; and
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch. (b)
the person who, immediately before the land so vested, held the land has not executed a conveyance of that land to the incorporated association—
the incorporated association may make an application
under Part II of the Transfer of Land Act 1958 to
bring the land under that Act by the creation of a folio
of the Register in respect of the land and that Part
applies to an application under that Part except to the
extent that this section provides for matters in thatPart.".
6. Building Act 1993
6.1 In section 3, in the definition of "owner"—
(a)
in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)";
(b)
in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land".
6.2 In section 165(1) for paragraphs (b) and (c) substitute—
"(b) apply in a form approved by the Registrar of Titles to have a recording of the agreement or the variation or termination of the agreement made in the Register.".
6.3 In section 165(3) omit "or registered under the Property Law Act 1958".
6.4 After section 165(3) insert—
"(4) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a
covenant in an agreement entered into under section 163 or 164 and registered under the Property Law Act 1958 and existing immediately before the
commencement of that section 24.".
7. Casino Control Act 1991
In section 128R, sub-section (1) is repealed.
8. Catchment and Land Protection Act 1994
In section 3, in the definition of "land owner" for paragraphs
(b) and (c) substitute—
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| Sch. | Act No. 85/1998 |
"(b) the owner in fee simple of land alienated by the
Crown and—
(i) in an identified folio under the Transfer of Land Act 1958; or
(ii) not under the Transfer of Land Act 1958— and not mortgaged; or
(c) a person who has the equity of redemption in land alienated by the Crown and mortgaged and— (i) in an identified folio under the Transfer of Land Act 1958; or
(ii) not under the Transfer of Land Act 1958; or".
9. Cemeteries Act 1958
For section 59 substitute—
"59. Registrar of Titles to amend RegisterThe Registrar of Titles, on receipt of a notice from the Minister that land has been purchased in accordance with this Act, must make any recordings in or amendments to the Register that are necessary for the purposes of this Act and the holder of any relevant certificate of title must if requested to do so deliver it to the Registrar of Titles.".
10. Chinatown Historic Precinct Act 1984
In section 15—
(a)
in sub-section (10) for "the Registrar-General or the Registrar of Titles or both (as the case requires)" substitute "the Registrar of Titles";
(b) sub-section (11) is repealed.
11. Confiscation Act 1997
In section 42, sub-section (2) is repealed.
12. Conservation, Forests and Lands Act 1987 12.1 In section 3, in the definition of "land owner"—
(a)
in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)";
(b)
in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land".
Transfer of Land (Single Register) Act 1998
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12.2 In section 72, for sub-section (1) substitute—
"(1) If an agreement in respect of land other than vested
land is expressed to be binding on a land owner's
successors in title, the Director-General must as soon
as practicable after entering into the agreement apply
in writing to the Registrar of Titles to have a
recording of the agreement made in the Register and
on receiving that application, the Registrar of Titles
must make that recording in the Register.".
12.3 In section 72(2) for "registration of the memorial of the
agreement or recording of the agreement in the Register (as
the case requires)" substitute "the recording of the
agreement in the Register".
12.4 In section 72, for sub-section (3) substitute—
"(3) If an agreement relating to land other than vested land
is varied or terminated under this Part, the Director- General must as soon as practicable apply in writing to the Registrar of Titles to make any amendments to or recordings in the Register that are necessary
because of the variation or termination of the amendments or recordings in the Register.".
agreement and on receiving that application, the
12.5 In section 72, sub-section (6) is repealed.
12.6 In section 72(7) after "amendments" insert "or recordings".
12.7 At the end of section 72 insert—"(9) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of an agreement registered under the Property Law Act 1958 and existing immediately before the
commencement of that section 24.".
12.8 In section 79, for sub-section (2) substitute—
"(2) Land is so charged when the Director-General
deposits with the Registrar of Titles a certificate under
seal describing the land to be charged and stating the
amount of the charge.".
12.9 In section 79, sub-section (3) is repealed.
12.10 In section 79, for sub-section (6) substitute—
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| Sch. | Act No. 85/1998 |
"(6) When an amount due is paid or recovered the Registrar of Titles must, if so required by the Director-General, delete the recording of the charge
from the Register or make a recording in the Register
of the payment or recovery of the charge.".12.11 In section 79(7) omit "under the Transfer of Land Act 1958 or the Property Law Act 1958, as the case requires".
12.12 After section 79(8) insert—
"(8A)
If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold.".
12.13
In section 79(9) for "If the land charged is under the Transfer of Land Act 1958, section 77 of that Act" substitute "Section 77 of the Transfer of Land Act 1958".
12.14 In section 79, sub-section (10) is repealed.
13. Construction Industry Long Service Leave Act 1997
In section 36, sub-section (2) is repealed.
14. Co-operative Housing Societies Act 1958
In section 34 for sub-section (4) substitute—
"(4) Every mortgage executed as security for an advance
by a society must be registered under the Transfer of
Land Act 1958.".
15. Crown Land (Reserves) Act 1978
In section 12(3) omit "or the Registrar-General (as the case requires)".
16. Deakin University (Victoria College) Act 1991
In section 9, sub-sections (2) to (5) are repealed.
17. Deakin University (Warrnambool) Act 1990
In section 10, sub-sections (2) to (5) are repealed.
18. Docklands Authority Act 1991
In section 52, sub-section (1) is repealed.
19. Education Act 1958
19.1 In section 28, sub-section (4) is repealed.
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch.
19.2 In section 29A, sub-section (4) is repealed.
20. 20.1 In section 73, sub-sections (2) and (3) are repealed.
20.2 In section 108, sub-sections (2) and (3) are repealed.
20.3 In section 126, sub-sections (2) and (3) are repealed.
20.4 In section 145, sub-sections (2) and (3) are repealed.
20.5 In section 153L, sub-sections (2) and (3) are repealed.
20.6 In section 153TJ, sub-sections (2) and (3) are repealed.
20.7 In section 153TZA, sub-sections (2) and (3) are repealed.Electricity Industry Act 1993 20.9 In section 205, sub-section (1) is repealed.
20.10 In section 217, sub-section (1) is repealed.
21. Environment Protection Act 1970
21.1 In section 62, for sub-section (4) substitute—"(4) If the property charged is land, the Authority may
deposit with the Registrar of Titles a certificate under seal describing the land to be charged and stating the amount of the charge.".
21.2 In section 62, sub-section (5) is repealed.
21.3 In section 62, for sub-section (7) substitute—
"(7) Despite sub-section (3), if the property charged is
land, the charge does not take effect until the the Register.".
21.4 In section 62(8) for "the Registrar-General or the Registrar of Titles (as the case requires)" substitute "the Registrar of Titles".
21.5 In section 62, for sub-section (9) substitute—
"(9) The Registrar of Titles must delete the recording of the charge from the Register or make a recording in the Register of the payment or recovery of the
charge.".
21.6 In section 62, after sub-section (11) insert—
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| Sch. | Act No. 85/1998 |
"(11A)
If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold.".
21.7 In section 62(12) for "If the property sold is under the
Transfer of Land Act 1958, section 77 of that Act"
substitute "Section 77 of the Transfer of Land Act 1958".21.8 In section 62, sub-section (13) is repealed.
22. Extractive Industries Development Act 1995
In section 3, in the definition of "owner" after "1958"
insert "(other than land in an identified folio under thatAct)".
23. Flora and Fauna Guarantee Act 1988
In section 3 in the definition of "landholder"—
(a)
in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)";
(b)
in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land".
24. Forestry Rights Act 1996
24.1 In section 3 in the definition of "owner"—
(a)
in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)";
(b)
in paragraph (b) after "which is" insert "in an identified folio under the Transfer of Land Act 1958 or is".
24.2 In section 8, for sub-section (1) substitute—
"(1) The forestry property owner may apply to the Registrar of Titles to register a forest property agreement.".
24.3 In section 8, for sub-section (3) substitute—
"(3) The Registrar of Titles must make a recording of the agreement in the Register.".
24.4 In section 8, for sub-sections (4) and (5) substitute—
"(4) The amendment of this Act by section 24 of the
Transfer of Land (Single Register) Act 1998 does
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch.
not affect the operation, effect or enforcement of a before the commencement of that section 24.".
covenant in an agreement registered under the
24.5 In section 9 omit "the registration of a memorial or".
24.6 In section 10, for sub-section (2) substitute—
"(2) The Registrar of Titles must make any amendments to
or recordings in the Register that are necessary as a result of the termination or amendment of the forest property agreement.".
24.7 In section 10, sub-sections (3) and (4) are repealed.
25. Forests Act 1958
25.1 In section 65(5) for paragraph (c) substitute—"(c) the Director-General must furnish to the Registrar of
Titles a certificate of charge under the seal of the Director-General describing the land charged and setting out particulars of the title to the land and
stating that there are costs payable under this section
in respect of the land; and(ca) the Registrar of Titles must make a recording of the certificate in the Register; and".
25.2 In section 65, after sub-section (5) insert—
"(5A) When the amount set out in a certificate under sub-
section (5) together with any interest is paid, the discharge under the seal of the Director-General, must delete the recording of the charge from the Register or make a recording in the Register of the discharge.".
26. Gaming and Betting Act 1994
In section 161, sub-sections (2) and (3) are repealed.
27. Gas and Fuel Corporation (Heatane Gas) Act 1993 27.1 In section 18(2)(b) for "specify" substitute "in the case of
land under the Transfer of Land Act 1958, specify". 27.2 In section 18, after sub-section (2) insert—
"(2A) If any land to which a request under sub-section (1)
applies is not Crown land and is not under the
Transfer of Land Act 1958, the Registrar of Titles
Transfer of Land (Single Register) Act 1998
| Sch. | Act No. 85/1998 |
before acting on a request under sub-section (1) must
first bring the land under that Act.".
27.3 In section 18, sub-sections (4) and (5) are repealed.
28. Gas and Fuel Corporation (Repeal) Act 1995 28.2 In section 26, sub-sections (2) and (3) are repealed.
29. Gas Industry Act 1994 29.2 In section 115K, sub-sections (2) and (3) are repealed.
30. Gift Duty Act 1971
In section 32, for sub-sections (2) and (3) substitute—
"(2) If any gift duty is a charge on any land, the Registrar
of Titles, on the application of the Commissioner
accompanied by a certificate under the hand of the
Commissioner certifying the amount of gift duty
payable, but unpaid, on that land, must make any
recordings in the Register that may be necessary or
proper to evidence that the land is subject to the
charge.(3) A charge to which any land is subject by virtue of this
section may, upon application in writing to the
Registrar of Titles by the Commissioner, be varied or
discharged by order of the Registrar of Titles and
upon the variation or discharge the Registrar of Titles
must, without fee, make any recordings in the
Register as may be necessary or proper to evidence
the variation or discharge.".
31. Grain Handling and Storage Act 1995
In section 31, sub-sections (2) and (3) are repealed.
32. Health Services Act 1988
In section 65I, sub-sections (2) and (3) are repealed.
33. Heritage Act 1995
33.1 In section 3 in the definition of "owner"—
(a)
in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)";
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch.
(b)
in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land".
33.2 In section 47 for sub-sections (1) and (2) substitute—
"(1) The Executive Director must lodge with the Registrar of Titles notice of any matter on the Heritage Register which affects land.
(2) Each time the Heritage Register is amended the
Executive Director must give notice to the Registrar of Titles of any land, other than unalienated Crown land, affected by the amendment.".
33.3 In section 47 for sub-sections (5) and (6) substitute— "(5) On receipt of a notice under this section, the Registrar
of Titles must make any recordings in the Register that are necessary or convenient for the purpose of bringing the notice to the attention of persons who search the folios of the Register to which the notice relates.
(6) The Registrar of Titles may require any evidence of the identity of any land affected by a notice lodged under this section that he or she thinks fit.".
33.4 In section 91, for sub-sections (2) and (3) substitute— "(2) The Registrar of Titles, on the application of the
owner of the land, must make any recordings in the Register as are necessary to record the effect of the agreement, covenant, variation, release or
determination.
(3) The amendment of this Act by section 24 of the
Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of an agreement or covenant registered under the Property
Law Act 1958 and existing immediately before the commencement of that section 24.".
34. Housing Act 1983
34.1 In clause 4 of Schedule 2, for sub-clause (3) substitute—"(3) If a covenant has been entered into by a person
pursuant to sub-clause (1) or subsequently varied
pursuant to sub-clause (2), the Registrar of Titles on
the application of the owner of the land burdened by
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| Sch. | Act No. 85/1998 |
the covenant must make a recording in the Register of
the covenant or variation as the case requires.(4) On the making of a recording in the Register pursuant to sub-section (3)—
(a)
the burden of the covenant or the covenant as so varied (as the case requires) runs with the land affected; and
(b)
the Director may enforce the covenant against persons deriving title from the person who entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature, or is not for the benefit of any land of the Director.
(5) The amendment of this clause by section 24 of the
Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.".
34.2 In clause 10 of Schedule 2, sub-clause (2) is repealed.
34.3 In clause 1 of Schedule 6 for paragraphs (a) and (b)
substitute "the Registrar of Titles".34.4 For clause 2 of Schedule 6 substitute—
"2. Registration of certificate on title(1) On receipt of a certificate under clause 1 and on
payment of the prescribed fee, the Registrar of Titles
must make a recording of the certificate in the
Register.
(2) When the amount of the expenses is paid, the
Registrar of Titles, on the request of the Council and on payment of the prescribed fee must make a recording in the Register of the cancellation of the charge.".
34.5 In clause 6 of Schedule 6—
(a)
in sub-clause (1) for paragraphs (a) and (b) substitute "the Registrar of Titles";
(b)
in sub-clauses (2) and (3) for "Registrar-General or Registrar of Titles (as the case may be)" (wherever occurring) substitute "Registrar of Titles".
Transfer of Land (Single Register) Act 1998
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35. Land Act 1958
In section 22E(1) omit "or in the Office of the Registrar-
General".
36. Land Acquisition and Compensation Act 1986 36.1 In section 8(3) for paragraph (b) substitute—
"(b) lodge a copy of that document with the Registrar of
Titles.".
36.2 In section 10 for sub-section (1) substitute—
"(1) The Authority must, without delay after the service of
a notice of intention to acquire under section 6 or
amendment of such a notice under section 14, lodge
with the Registrar of Titles notice in the form
approved under the Transfer of Land Act 1958 of
the notice of intention to acquire or the amended
notice (as the case may be) together with the
prescribed fee.".
36.3 In section 10(2) for "on the relevant folios of the Register"
substitute "in the Register".36.4 In section 10, for sub-section (4) substitute—
"(4) If a notice lapses or is cancelled, the Authority must
give the Registrar of Titles notice in writing of the
lapse or cancellation.".
36.5 In section 10(5) after "recordings of the notice" insert "or
make a recording in the Register of the lapsing or
cancellation".
36.6 In section 10(8) omit "whether so recorded on a folio of the
Register or".
37. Land Tax Act 1958
In section 66 for sub-sections (2) and (3) substitute—
"(2) If the Commissioner deems it desirable to register the
charge he or she may deposit with the Registrar of Commissioner describing the land charged and stating that there are arrears of land tax payable in respect of that land. (3) The Registrar of Titles must, without charge, make a recording of the certificate in the Register.
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| Sch. | Act No. 85/1998 |
(4) When the arrears are paid the Registrar of Titles must
remove or delete the charge or make a recording in
the Register of the discharge of the charge if so
required by the Commissioner.".
38. Legal Aid Act 1978
38.1 In section 47B for sub-section (1) substitute—
"(1)
If VLA proposes to take out a charge over land, VLA must lodge a notice of the charge identifying the land to which it applies and the amount which has not been paid (including any interest which may become due
and unpaid on the whole or any part of that amount).".
38.2 Section 47C is repealed.
38.3 In section 47D for sub-sections (1) and (2) substitute—"(1) If the amount secured by the charge is paid, recovered or waived, VLA must seal a certificate stating this and lodge the certificate with the Registrar.
(2) If the Registrar of Titles receives a certificate under sub-section (1) with respect to land, he or she must cancel any recording of the charge on the Register or
record the cancellation of the charge in the Register.".
38.4 In section 47D, sub-section (3) is repealed.
38.5 In section 47E, after sub-section (3) insert—
"(3A)
If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold.".
38.6 In section 47E(4) for "If the land sold is under the Transfer
of Land Act 1958, section 77 of that Act" substitute
"Section 77 of the Transfer of Land Act 1958".38.7 In section 47E, sub-sections (5) and (6) are repealed.
39. Libraries Act 1988
39.1 In section 43(2) in the definition of "eligible person"—
(a)
in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)";
(b)
in paragraph (b) after "which is" insert "land in an identified folio under the Transfer of Land Act 1958 or land".
39.2 In section 44, for sub-section (4) substitute—
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch. "(4) On production of a certificate signed by the Minister as to any authority to surrender, transfer or convey land under this Part, and on production of any other instrument that the Registrar of Titles requests, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this section.".
40. Melbourne and Olympic Parks Act 1985
In section 32, sub-section (1) is repealed.
41. Melbourne City Link Act 1995
In section 67, sub-section (1) is repealed.
42. Mineral Resources Development Act 1990
In section 3, in the definition of "owner" after "1958"
insert "(other than land in an identified folio under that
Act)".
43. National Parks (Yarra Ranges and Other Amendments) Act 1995
In section 26, sub-section (1) is repealed.
44. National Rail Corporation (Victoria) Act 1991
In section 11, sub-sections (7) and (9) are repealed.
45. Planning and Environment Act 1987 45.1 In section 3, in the definition of "owner"—
(a)
in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)";
(b)
in paragraph (b) after "and is" insert "land in an identified folio under the Transfer of Land Act 1958 or land".
45.2 In section 110 for sub-section (1) substitute—
"(1) Any person who has paid compensation under this Act or a corresponding previous enactment to the owner or occupier of any land and who has not
already done so under that enactment must lodge a
statement with the Registrar of Titles without delay.".
45.3 In section 110, for sub-sections (3) and (4) substitute—
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| Sch. | Sch. | Act No. 85/1998 |
"(3) On receiving a statement, the Registrar of Titles must
make any recordings in the Register which are
necessary to bring the statement to the notice of
anyone searching the Register.
(4) At the request of any person who lodged a statement
under sub-section (1) or a corresponding previous enactment, the Registrar of Titles must delete from the Register a recording made under sub-section (3).".
45.4 In section 181(1) for "under the Transfer of Land Act 1958" substitute "other than Crown land".
45.5 In section 181(3) for "on any relevant folio of the Register"
substitute "in the Register".45.6 In section 181, for sub-sections (4) and (5) substitute— "(4) The amendment of this Act by section 24 of the
Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement.".
45.7 In section 182 omit "the registration of a memorial or".
45.8 In section 183(2) after "Register" insert "or make a
recording in the Register of the matters notified under sub-
section (1)".
45.9 In section 183, for sub-sections (3) and (4) substitute— "(3) This section does not apply to an agreement in respect
of Crown land.".
45.10 In section 201Q, sub-section (5) is repealed.
46. 46.1 In section 72, sub-section (1) is repealed.
Port Services Act 1995 46.3 In section 159, sub-sections (2) and (3) are repealed.
47. Project Development and Construction Management Act 1994
In section 45, sub-section (1) is repealed.
48. Queen Victoria Women's Centre Act 1994
In section 24, sub-section (1) is repealed.
Transfer of Land (Single Register) Act 1998
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49. Rail Corporations Act 1996
49.1 In section 13C, for sub-section (4) substitute—
"(4) If by or under this Act any private right of way or
easement is extinguished or any easement is acquired
by Rail Track, the Registrar of Titles must make any
recordings in the Register that are necessary or
expedient because of that extinguishment or
acquisition and the holder of any relevant certificate
of title must deliver it to the Registrar of Titles.".
49.2 In section 52, sub-sections (2) and (3) are repealed.
50. Religious Successory and Charitable Trusts Act 1958
In section 44 for "bringing land under the operation of" substitute "the creation of a folio of the Register under".
51. Retail Tenancies Reform Act 1998
In section 19(2)(d) omit "the Registrar-General or".
52. Retirement Villages Act 1986
52.1 In section 3, in the definition of "owner"—
(a) in paragraph (a) after "land" (where first occurring) insert "in an identified folio under the Transfer of Land Act 1958 or land"; (b) in paragraph (b) after "1958" insert "(other than land in an identified folio under that Act)".
52.2 In section 9(1) for paragraphs (a) and (b) substitute "lodge a retirement village notice with the Registrar of Titles".
52.3 In section 9, sub-section (2) is repealed.
52.4 In section 9(3)(c) after "land" (where first occurring) insert "in an identified folio under the Transfer of Land Act 1958 or land".
52.5 In section 9(4) omit "a memorial of a retirement village notice with the Registrar-General or".
52.6 Section 10 is repealed.
52.7 For section 11 substitute—
Transfer of Land (Single Register) Act 1998
Act No. 85/1998
"11. Retirement village notice to be noted on title
On receiving a retirement village notice in relation to land, the Registrar of Titles must make a recording of the retirement village notice in the Register.".
52.8 In section 12, for paragraphs (a) and (b) substitute— "land in respect of which the residence rights are—
(a) estates in fee simple held as registered proprietors under the Transfer of Land Act 1958; or
(b) in any other case, legal estates in fee simple.".
52.9 In section 14, for sub-section (5) substitute—
"(5) If in respect of retirement village land—
(a)
a retirement notice was registered under the Property Law Act 1958 before the commencement of section 22 of the Transfer of Land (Single Register) Act 1998; or
(b)
a recording of a retirement village notice is made in the Register under the Transfer of Land Act 1958—
the rights of a person who, after the notice is
registered or recorded but before the residence right is
created, becomes the holder of a mortgage, charge or
encumbrance over the land are subject to any
residence rights subsequently created over the land.".
52.10 In section 27, for paragraphs (a) and (b) substitute— "land in respect of which the residence rights are—
(a)
estates in fee simple held as registered proprietors under the Transfer of Land Act 1958; or
(b) in any other case, legal estates in fee simple.".
52.11 In section 28(3) for paragraph (a) substitute—
"(a) if before the commencement of this section a resident
paid an in-going contribution which exceeds the
prescribed amount, to the date on which—
(i) a memorial of a retirement village notice was registered under Part 1 of the Property Law Act 1958 before the commencement of section
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch. Sch. 22 of the Transfer of Land (Single Register)
Act 1998; or(ii) a retirement village notice is lodged for registration in the Register under the Transfer of Land Act 1958.".
52.12 In section 29, sub-sections (9) and (10) are repealed.
52.13 In section 29, for sub-section (11) substitute—"(11) Within 14 days after land becomes subject to a charge
under this Part, the owner of the land charged must
lodge with the Registrar of Titles notification in a
form approved by the Registrar of Titles of that
charge and the land to be charged.
Penalty: 50 penalty units.".
52.14 In section 29(12) for "on the relevant folio of the Register"
substitute "in the Register".52.15 In section 31(6) paragraph (a) is repealed.
52.16 In section 31, for sub-sections (8) and (9) substitute— "(8) Section 77 (except section 77(3)) of the Transfer of
Land Act 1958 applies to the sale of land pursuant to an order enforcing a charge as if the resident who applied for the order were a mortgagee and the charge were a mortgage.
(9) If the court makes an order concerning land not under
the Transfer of Land Act 1958, the land must be
brought under that Act before it is sold.".
52.17 In section 32(7)—
(a)
omit "under the operation of the Transfer of Land Act 1958 and";
(b)
for "the relevant folio of the Register" substitute "the Register or make a recording in the Register of the extinguishment of the charge".
52.18 In section 32, sub-section (8) is repealed.
52.19 In section 34(2), for paragraphs (a) and (b) substitute "land in respect of which the residence rights are—
(a)
estates in fee simple held as registered proprietors under the Transfer of Land Act 1958; or
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| Sch. | Act No. 85/1998 |
(b) in any other case, legal estates in fee simple.".
52.20 In section 39(7)—
(a)
omit "in respect of land under the operation of the Transfer of Land Act 1958";
(b)
for "the relevant folios of the Register" substitute "the Register or make a recording in the Register of the cancellation of the notice".
52.21 In section 39, sub-section (8) is repealed.
52.22 In Schedule 1 for "(if land not under the operation of the
Transfer of Land Act 1958)" substitute "(if land is in an
identified folio under the Transfer of Land Act 1958 or is
not under the operation of that Act)".
53. Sale of Land Act 1962
In section 4(2)(b) omit "or the Property Law Act 1958 (as the case requires)".
54. Snowy Hydro Corporatisation Act 1997
In section 22, sub-section (2) is repealed.
55. South Melbourne Land Act 1986
In section 4, sub-section (10) is repealed.
56. Stamps Act 1958
In section 71—
(a) in sub-section (6)(a) omit "Registrar-General or";
(b) in sub-section (6) for paragraph (b) substitute— "(b) the Registrar of Titles must, without charge, make a recording of the notice in the Register.".
(c) in sub-section (11)(a) omit "Registrar-General or";
(d) in sub-section (11) for paragraph (b) substitute— "(b) the Registrar of Titles must cancel the
registration of the notice under sub-section
(6)(b) or make a recording in the Register of
the notice under paragraph (a).".
(e) in sub-section (12)(a) omit "Registrar-General or"; (f) in sub-section (12) for paragraph (b) substitute—
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch. "(b) the Registrar of Titles must cancel the
registration of the notice under sub-section
(6)(b) or make a recording in the Register ofthe expiry of the charge.".
57. Subdivision Act 1988
57.1 In section 3 in the definition of "owner"—
(a) in paragraph (a) after "1958" insert "(other than land in an identified folio under that Act)"; (b) in paragraph (b) after "land" (where first occurring) insert "in an identified folio under the Transfer of Land Act 1958 or land".
57.2 In section 35(6)(g) omit "by direction in accordance with Part II of that Act".
58. Swinburne University of Technology Act 1992
In section 61, sub-section (2) is repealed.
59. Transport Act 1983
In section 42, for sub-section (9) substitute—
"(9)
If pursuant to or by virtue of this Act any private right of way or easement is extinguished or any easement is acquired by a Corporation, the Registrar of Titles
must make any recordings in the Register that are
necessary or expedient because of that extinguishment
or acquisition and the holder of any relevant
certificate of title must deliver it to the Registrar of
Titles.".
60. Treasury Corporation of Victoria (Housing Finance) Act 1995
In section 11, sub-sections (2) and (3) are repealed.
61. Trustee Act 1958
In section 45, sub-section (5) is repealed.
62. Victorian Conservation Trust Act 1972
62.1 In section 3(3) omit "in the Office of the Registrar-General
or".
62.2 In section 3A, for sub-section (10) substitute—
"(10) If a covenant has been entered into by any person pursuant to sub-section (1) or subsequently varied pursuant to sub-section (3); the Registrar of Titles, on
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application made to him or her, may make a recording
in the Register of the covenant or variation.
(11) If the Registrar of Titles has made a recording of the covenant or the variation in the Register, the burden of the covenant or the covenant as so varied runs with the land concerned and the Trust may enforce the covenant against persons deriving title from that person as if it were a restrictive covenant even though it may be positive in nature or that it is not for the
benefit of land of the Trust.(12) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a
covenant registered under the Property Law Act
1958 before the commencement of that section 24 andexisting immediately before that commencement.".
63. Victoria University of Technology Act 1990
In section 57, sub-sections (2) to (5) are repealed.
64. Victorian Plantations Corporation Act 1993 64.1 In section 12, for sub-sections (2) and (3) substitute—
"(2) The rights may be recorded in the Register under the
Transfer of Land Act 1958.".
64.2 In section 46, sub-sections (3) and (4) are repealed.
65. Victorian Plantations Corporation (Amendment) Act 1994
In section 12, sub-section (1) is repealed.
66. Water Act 1989
66.1 In section 101A(2) omit "or the Registrar-General".
66.2 In section 101B, sub-sections (2) and (3) are repealed.
66.3 In section 226(4)(b)(i) after "1958" insert "(other than land in an identified folio)".
66.4 In section 226AA(4)(b)(i) after "1958" insert "(other than land in an identified folio)".
66.5 In section 231(3A)(a)(i) after "1958" insert "(other than land in an identified folio)".
66.6 In section 236, for sub-section (1) substitute—
"(1) An agreement under section 234, or a decision under section 235, by virtue of which a right of access is
Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Sch. created over, or in favour of, land has no effect until it
is recorded in the Register under the Transfer ofLand Act 1958.".
66.7 In section 236, sub-sections (3) and (4) are repealed.
66.8 In section 236(5) and (6) omit ", or lodge the memorial,". 66.9 After section 236(7) insert—
"(8) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of an agreement or decision registered under the Property Law Act 1958 before the commencement of that
section 24 and existing immediately before that
commencement.".
66.10 In section 244, for sub-section (3) substitute—
"(3) A community agreement must be taken to be capable of being registered under the Transfer of Land Act 1958 and has no effect until it is recorded in the
Register under that Act.".
66.11 In section 244, sub-sections (5) and (6) are repealed.
66.12 In section 244(7) omit "or lodged under sub-section (5)".
66.13 In section 244(8) omit "or the memorial is lodged".
66.14 After section 244(8) insert—"(9) The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a
community agreement registered under the Property section 24 and existing immediately before that commencement.".
66.15 In section 245, for sub-sections (3) and (4) substitute— "(3) An agreement which varies or revokes a community
agreement must be taken to be capable of being
registered under the Transfer of Land Act 1958 and
has no effect until it is recorded in the Register underthat Act.".
66.16 In section 280(b) omit "if the land is under the Transfer of
Land Act 1958,".
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67. Water Industry Act 1994
In section 164, sub-sections (2) and (3) are repealed.
68. Westernport (Crib Point Terminal) Act 1963
68.1 In section 6L(1) omit "or the Registrar-General must make any amendment to any instrument registered under Part 1 of the Property Law Act 1958".
68.2 In section 6L(2)—
(a)
for "on any relevant folio of the Register" substitute "in the Register";
(b) omit "in the folio".
68.3 In section 6L(3)(b), before "specify" insert "in the case of land under the Transfer of Land Act 1958,".
68.4 In section 6L, sub-sections (5) and (6) are repealed.
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Transfer of Land (Single Register) Act 1998
Act No. 85/1998 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 14 May 1998
Legislative Council: 27 October 1998
The long title for the Bill for this Act was "to amend the Transfer of Land Act 1958 to further streamline procedures for the conversion of general law land and to make consequential amendments to the Property
Law Act 1958 and to other Acts and for other purposes."
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