Transfer of Land Act 1893
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Reprinted under the Reprints Act 1984 as |
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at 21 August 2009 |
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Western Australia
Transfer of Land Act 1893
CONTENTS
1. Short title 1
2. Repeal and savings 1
3. Laws inconsistent not to apply to land under this Act 2
4. Terms used 2
4A. Certain provisions of this Act not to apply to Crown land 9
Part I — Officers
5. Commissioner of Titles 10
6. Deputy Commissioner of Titles 10
7. Registrar of Titles 11
7A. Offices of Commissioner and Registrar may be held by one person 12
8. Other designations 12
8A. Designating statutory officers, generally 13
9. Certain signatures to be judicially noticed 14
10. Seal 14
11. Powers of Assistant Registrar 15
12. Commissioner and Examiner of Titles not to practise 15
13. Oaths of office 15
14. Digital signatures, entries etc. in parts of Register or in graphics that are in digital medium 15
15. Delegation by Commissioner 16
15A. Delegation by Registrar 16
16. Rules relating to surveyors 17
Part II — Bringing land under the Act
20. Lands alienated in fee before commencement of The Transfer of Land Act 1874 may be brought under this Act18
20A. Evidence and restrictions of requisitions 19
21. How application to be dealt with when no dealing has been registered 20
22. How application to be dealt with when dealing has been registered 20
23. Notice of application to bring land under this Act and rescission of previous directions on undue delay21
24. Person claiming title by possession to post notice of application on land 21
25. Land to be brought under this Act unless caveat received 22
26. Land occupied may be brought under this Act by different description from that in title on special application22
27. Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate22
28. Title may be given to excess of land occupied under Crown grant over land described in Crown grant23
29. Excess of land may be apportioned between different owners or proprietors 24
30. Parties interested may lodge caveat 24
31. If caveat received, proceedings suspended 25
32. Caveat to lapse unless proceedings taken within one month25
33. Judge may require production of title deeds in support of application to bring land under this Act26
34. Applicant may withdraw application 26
35. Documents of title 26
36. Subsisting lease to be endorsed and returned 27
37. Additional evidence to be scheduled 27
38. Certificate of title to issue in name of deceased 27
39. Registration of leaseholds 28
42. Production of lease may be dispensed with on bringing land under this Act 28
43. Certain memorials to be sufficient evidence of conveyances in fee 29
45. Commissioner may direct Registrar to bring land under this Act 29
46. Title to land sold under order or decree may be deemed sufficient 29
47. Formalities of order 30
Part III — Certificates of titles and registration
48. Register 31
48A. Certificates of title 32
48B. Duplicate certificates of title 33
48C. Symbols 34
49. One certificate may be created for lands not contiguous 34
50. Area of land need not be mentioned in certificate 35
52. Registration of certificates of title and instruments 35
53. Priority of registration of instruments 36
54. Incorporation of terms etc. of certain memoranda 36
55. Trusts 37
56. Memorandum to state certain particulars 38
57. Memoranda of instruments and endorsements 38
58. Instruments not effectual until registered 39
59. Notations as to legal disability of proprietor 39
60. Joint tenants and tenants in common 39
61. Effect of insertion of the words “no survivorship” 39
62. Notice to be published before effect is given to order 40
63. Certificate to be conclusive evidence of title 41
63A. Certificates may contain statement of easements 41
64. Certificate conclusive evidence as to title to easements 42
65. Effect of short forms etc. for easements 42
65A. Memorandum of easement 43
66A. No separate certificate for easement 44
67. Certificate conclusive evidence in suit for specific performance or action for damages 44
68. Estate of registered proprietor paramount 44
69. Easements existing under deed or writing and certain conditions to be noted as encumbrances 46
70. Reversions expectant on leases 47
70A. Record on title of factors affecting use and enjoyment of land 48
71. Upon surrender of existing certificates single certificate may be obtained 49
71A. Proprietor may apply for separate certificate 49
71B. Power to issue new duplicate certificate of title 49
72. History of dealings to be preserved 50
74. Duplicate may be dispensed with in certain cases 50
74A. Creation of substitute certificate of title 51
74B. Issue of subsequent duplicate certificates of title 52
75. Where duplicate certificate lost, destroyed or obliterated 52
76. Person to whom duplicate certificate or instrument of title has been issued in error or who wrongfully retains such instrument may be summoned54
77. Party appearing may be examined on oath 55
78. Registrar may call in duplicate certificate etc. 56
79. Person who fails to bring in duplicate certificate etc. may be brought before court or judge 56
81. Words of inheritance or succession to be implied 57
Part IIIA — Crown leases
81A. Registration of Crown leases 58
81B. Registration of Crown leases granted before commencement of this Act 58
81C. Effect of registration 60
81D. Registration of transfer etc. 60
81E. No foreclosure without consent of Minister for Lands 62
81F. Entry of forfeiture 62
81G. Crown lessee to be deemed of full age 62
81H. Certain provisions of this Act and Land Act 1898 not to apply to Crown leases 63
81I. Mortgage of Crown lease to be transferred to Crown grant63
Part IIIB — Registration and recording in relation to Crown land
Division 1 — General
81J. Application of this Part 65
81K. Terms used 65
81L. Creation and registration of certificates of Crown land title and qualified certificates of Crown land title65
81M. Lodging etc. of management orders 66
81N. Crown surveys 66
81O. No duplicate certificates of Crown land title or duplicate qualified certificates of Crown land title to be issued66
81P. Endorsements on certificates of Crown land title and qualified certificates of Crown land title 66
81Q. Leases and subleases of Crown land 67
81R. Registration of profits à prendre 68
81RA. Other encumbrances in respect of fee simple in Crown land68
81S. Prerequisites to registration of dealings in respect of Crown land 69
81T. Registered proprietors etc. protected against ejectment except in certain cases referred to in Land Administration Act 199770
Division 2 — Transitional
81U. Registrar may accept for registration signed and stamped duplicate original documents 72
81V. Minister for Lands may apply to Registrar for certificates of Crown land title, qualified certificates of Crown land title etc.72
81W. Procedure when applications referred to Commissioner 73
81X. Procedure on lodging of caveats etc. 76
81Y. Action to be taken by Registrar in consequence of granting applications made under section 81V(1)(a)77
81Z. Action to be taken by Registrar in consequence of granting applications made under section 81V(1)(b)78
81ZA. Procedure for registration of interests for which no certificate of Crown land title or qualified certificate of Crown land title exists78
81ZB. Matters relating to qualified certificates of Crown land title 79
81ZC. Interests in Crown land not registered within transitional period void as against registered interests in Crown land etc.80
81ZD. Registrar may convert Crown leases into leases registered under section 81Q 81
Part IV — Dealings with land
Division 1 — Transfers
82. Transfers 82
83. Transfer to include right to sue thereunder 82
84. Proprietor may vest estate jointly in himself and others without limiting any use etc. 83
85. Instruments when signed and registered have efficacy of deeds 83
86. Duplicate certificate to be delivered to Registrar on transfer84
87. Total transfer by endorsement on paper title or by entering transferee’s name on digital title 84
88. Transferee of land subject to encumbrance to indemnify transferor 85
88A. Memorial of easements to be registered 85
Division 2 — Leases and subleases
91. Leases of land 86
92. Covenants to be implied in every lease against lessee 86
93. Powers to be implied in lessor 87
94. Short forms of covenants by lessees 87
95. Covenant to be implied on transfer of lease 88
96. Recovery of possession by lessors to be entered in Register88
97. Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply89
98. Lease may be surrendered by endorsement by lessee with concurrence of lessor 89
99. Lessee may sublet 90
100. Registration of subleases 90
102. Provisions as to leases applicable to subleases 91
103. Covenants to be implied in sublease 92
104. Determination of lease or sublease by re‑entry to be entered in Register 92
Division 2A — Carbon rights and carbon covenants
104A. Terms used 94
104B. Registration of carbon right form 94
104C. Extension of carbon right 94
104D. Transfer of carbon right 95
104E. Mortgage of carbon right 96
104F. Surrender of carbon right 96
104G. Registration of carbon covenant form 97
104H. Extension of carbon covenant 97
104I. Variation of carbon covenant 98
104J. Transfer of benefits under carbon covenant 100
104K. Mortgage of carbon covenant 100
104L. Surrender of carbon covenant 101
Division 2B — Tree plantation agreements and plantation interests
104M. Terms used 101
104N. Registration of tree plantation agreement 102
104O. Extension of plantation interest 102
104P. Variation of agreement 104
104Q. Transfer of plantation interests 105
104R. Mortgage of plantation interests 106
104S. Surrender of plantation interests 106
Division 3 — Mortgages and annuities
105. Mortgages and charges 107
105A. Extension of mortgage, charge or lease 107
106. Mortgage or charge not to operate as transfer; and default procedures 108
107. Written demand equivalent to written notice 109
108. Power to sell 109
109. Application of purchase money 110
110. Registrar to give effect to sale by mortgagee or annuitant 111
111. Remedies by mortgagee or annuitant 112
112. Further remedies by mortgagee or annuitant 112
112A. Abolition of power of distress 113
113. Covenants to be implied in every mortgage 113
114. Mortgagee or annuitant of leasehold entering into possession to become liable to lessor 114
115. Short form of covenant by mortgagor to insure 114
116. Certain qualities of legal estate annexed to mortgage 115
117. Mortgagor not to sue at law for same cause of action without written consent 115
118. Application of moneys obtained from actions by mortgagor for waste of or damage to mortgaged lands116
119. Application of moneys obtained from actions by mortgagor in other cases 116
120. Application of moneys obtained in proceedings by mortgagee117
121. Mortgagee may apply for order for foreclosure 117
122. Application for foreclosure to be advertised 119
123. Discharge of mortgages and annuities 119
124. Satisfaction of mortgages executed prior to land being registered and remedies of mortgagees 120
125. Entry of satisfaction of annuity 120
126. Mortgage money may be paid to Treasurer if mortgagee absent from Western Australia and mortgage discharged121
127. First mortgagee to produce title for registration of subsequent instrument 123
128. Title to land brought under this Act subject to mortgage to be held good in favour of mortgagee or his purchaser123
128A. Another mortgagee may tender payment 124
Division 3A — Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements
129A. Creation of restrictive covenants 124
129B. Discharge and modification of restrictive covenants 125
129BA. Restrictive covenants benefiting local governments and public authorities 126
129BB. Discharge and modification of section 129BA covenants 126
129C. Judge may vary restriction or easement 129
Division 4 — Miscellaneous
130. Seal of corporation substitute for signature 133
131. Implied covenants and powers may be modified or negatived133
133. Property (seizure and sale) order, registration of etc. 134
134. Purchaser from registered proprietor not to be affected by notice 139
135. Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer 140
136. Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe such land140
Part IVA — Creation of easements and restrictive covenants by notations on subdivision plans and diagrams
136A. Term used: plan 141
136B. Application of this Part 141
136C. Notation of easements on subdivision plans 141
136D. Notation of restrictive covenants on subdivision plans 143
136E. Consent of certain persons required to creation of easements and restrictive covenants 144
136F. When easements and restrictive covenants under this Part have effect 145
136G. Easements and restrictive covenants under this Part may be effective for specified term only 145
136H. Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor145
136I. Recordings in Register 146
136J. Discharge and modification of easements and restrictive covenants under this Part 146
Part V — Caveats
136K. Application of this Part and term used: section 138A caveat149
137. Lodgment of caveat where land already under this Act 149
138. Consequences of lodgment of caveat 150
138A. Caveats to which sections 138B to 138D apply 151
138B. Certain caveats may lapse unless justified by caveator 152
138C. Powers of Supreme Court 153
138D. Restrictions on further lodgment of certain caveats 153
139. No entry to be made in Register affecting land in respect to which caveat continues in force 154
140. Compensation for lodging caveat without reasonable cause155
141. Endorsing certificates as to, and sending copies of, caveats155
141A. Removal of caveat where interest protected has ceased to exist 156
142. Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases157
Part VI — Powers of attorney and attestation of instruments
143. Powers of attorney and revocation thereof 158
144. Existing and future powers of attorney when filed available159
145. Witnessing of instruments etc. 159
Part VII — Search certificates and stay orders
146. Persons desiring information as to whether proprietor is free to deal may obtain such certificate162
147. Person applying for search certificate entitled to inspect certificate of title 162
148. Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear162
149. Instrument effecting proposed dealing entitled to priority if lodged within 48 hours 163
150. Instrument to be received and to have priority according to ordinary course if proposed dealing not lodged for registration163
Part VIII — Surveys, plans, parcels and boundaries
151. Crown survey boundaries as marked on ground are true boundaries 164
152. Crown grant or lease conveys land within survey boundaries164
153. Aliquot parts of Crown section having excess of area 165
153A. Land included in certificate by error in survey may be vested in proprietor 165
154. How survey boundaries may be proved in absence of survey marks 166
155. Margin of error allowed in description of boundaries 166
156. Commissioner may require special survey of land 167
157. Commissioner may require accuracy of survey to be verified168
158. Commissioner may disregard minute errors of dimensions 168
159. Excess of land may be apportioned between different owners or proprietors 168
160. Commissioner may determine doubtful boundaries of old subdivisions 169
161. Plan of scheme to be made 170
162. Notice to be advertised and given to registered owners and proprietors 170
163. Subdivisional plan to be verified and kept as approved lodged map of subdivision 171
164. Notice of subdivision and plan to be published in Government Gazette 172
165. Expense of survey, how paid 172
166. Application for new certificates of title on subdivision of land172
166A. Sketch plans in respect of subdivision of Crown land 173
166B. Sketch plans of internal interests 174
167. Number of allotment on plan of subdivision sufficient description for purposes of dealing 175
167A. Right of way on subdivision to be easement appurtenant 175
168. Abuttals may be used in description of land in certificate 176
169. Objects which may constitute abuttals 176
Part IX — Amendment of certificates and amendment or replacement of graphics
169A. Only Minister for Lands may alter areas, boundaries or positions of parcels of Crown land 178
170. Proprietor may apply for amendment of certificate to make boundaries coincide with land occupied under certificate178
171. Proprietor may apply to have other certificates amended where inconsistent with description of land in his certificate and occupied by him178
172. Form of application 179
173. How application to be dealt with 179
174. Special notice to be given to certain persons interested in adjoining land affected by application180
175. Notice of application to be published and posted in office 180
176. Person objecting to application being granted may lodge caveat 181
177. Application may be granted although other certificates may be affected 181
178. On granting application other certificates, relevant graphics and duplicate certificates may be amended, replaced or reissued182
Part X — Special powers and duties of the Commissioner and Registrar
180. Power to Commissioner to require explanation and production of documents 183
181. Regulations 184
182. Registrar to carry out order vesting trust estate 185
183. Power to Commissioner to make vesting order in cases of completed purchase 186
184. Certain encumbrances which have ceased to affect title may be removed from Register 187
187. Entry to be made in Register of appointment of executor, administrator or Public Trustee 187
188. Powers of Registrar 188
189. Registrar may correct apparent errors in instruments without direction of Commissioner 190
190. Money received by Registrar 190
191. Fees to be paid under this Act 190
192. Defective instrument or document lodged if not amended on notice within time allowed by Registrar may be rejected190
193. Power to state case for Supreme Court 191
Part XI — Restrictions on, and recovery of, payments of compensation by State
195. Moneys paid by State under section 201 may be recovered192
196. State not liable in certain cases 193
Part XII — Actions and other remedies
198. Officers not to be liable for acts done bona fide 195
199. Registered proprietor protected against ejectment except in certain cases 195
200. Powers of court to direct cancellation of certificate or entry in certain cases 196
201. Compensation of party deprived of land 196
202. Purchasers protected 197
203. Proprietor may summon Commissioner or Registrar to show cause if dissatisfied 198
204. Cost of summons and proceedings under section 203 to be in discretion of court 199
205. Actions for recovery of damages may in certain cases be brought against Registrar as nominal defendant199
206. Persons sustaining loss by inaccuracy in Crown survey may recover damages against State 199
207. Actions against State in certain other cases 200
208. Persons claiming may before action brought apply to Commissioner in writing for compensation201
209. Notice of action to be served 201
210. Payment of damages etc. from Consolidated Account 202
211. Limitation of actions 202
212. Rules of Supreme Court to apply and same right of appeal as in ordinary actions 203
213. Obligation to make discovery not excluded 203
Part XIII — Offences
214. Certain fraudulent acts are offences 204
214A. Failure to lodge duplicate certificate of title or Crown lease205
214B. Penalty 205
Part XIV — Miscellaneous
219. Application on transmission 206
220. Application, how dealt with 206
221. Remainder‑man or reversioner may apply to be registered207
222. Person claiming title under statute of limitations may apply to be registered 208
223. Application to be referred to Commissioner 208
223A. Caveat against application 209
227. Registration of survivor of joint proprietors 209
228. Proprietors and transferees for time being to stand in place of previous owners 209
229. Proprietor to allow his name to be used by person interested210
229A. Removal of easement not used or enjoyed for 20 years 210
229B. Cancellation of easement entered on certificate affected 211
230. Abandonment of easement may be presumed after 20 years’ adverse possession 212
231. Where encroachment on road has existed 20 years, title may be given 212
232. Receipt for documents lodged 213
233. Pending action or suit not to affect dealings with land under this Act 214
234. Devolution on bankruptcy or insolvency 214
235. Until assignee registered bankruptcy of proprietor not to affect dealings 215
236. Tenant in tail 215
237. Conditions of sale in Twenty‑sixth Schedule to apply in absence of other conditions and may be adopted by reference215
238. Forms may be modified 215
239. Inspection of Register and related documents; obtaining copies and print‑outs 216
239B. Evidentiary documents as to current and historical matters217
240. Service of notices 217
240A. Notification of change of address etc. 220
242. Registration of dispositions off Register 220
243. Revesting of land held by Crown in fee simple as Crown land 221
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Ninth Schedule
Schedule 9A — Short and long forms of certain easements
Twelfth Schedule
Sixteenth Schedule
Nineteenth Schedule
Twenty‑fourth Schedule
Twenty‑fifth Schedule
Twenty‑sixth Schedule
Twenty‑eighth Schedule
Notes
Compilation table 248
Provisions that have not come into operation 254
Defined Terms
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Reprinted under the Reprints Act 1984 as |
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at 21 August 2009 |
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Western Australia
Transfer of Land Act 1893
An Act to consolidate the law relating to the simplification of the title to and the dealing with estates in land.
1. Short title
This Act may be cited as the Transfer of Land Act 1893 1.
[Section 1 inserted by No. 81 of 1996 s. 4.]
2. Repeal
(1) The Acts mentioned in the First Schedule to this Act to the extent to which the same are thereby expressed to be repealed are hereby repealed. Provided that such repeal shall not affect any appointment (including those of specially licensed surveyors) declaration or any certified statement or list made or any application pending or any registration effected or any notice or certificate given or any memorandum entered or any caveat lodged or any seal prepared or any title estate interest claim right of dower or other right or power of attorney existing or duly acquired under the said Acts or any of them before the commencement of this Act.
(2) In all cases where in any Act instrument order decree rule regulation or document whatsoever reference is made to The Transfer of Land Act 1874 or to any Act or provision hereby repealed such reference shall be construed and have effect as if the same reference was made to the corresponding provisions of this Act.
3. Laws inconsistent not to apply to land under this Act
(1) All laws statutes Acts Ordinances rules regulations and practice whatsoever so far as inconsistent with this Act shall not apply or be deemed to apply to land whether Crown, freehold or leasehold which shall be under the operation of this Act.
(2) This Act does not —
(a) apply to the registration of rights over land in respect of minerals, petroleum, geothermal energy or geothermal energy resources; or
(b) prevent or otherwise affect the system of registration under other Acts of mining, petroleum or geothermal energy rights in respect of land whether Crown, freehold or leasehold.
(3) In subsection (2) —
geothermal energy and geothermal energy resources have the same meanings as they have in the Petroleum and Geothermal Energy Resources Act 1967;
mining, petroleum or geothermal energy rights has the same meaning as it has in the Land Administration Act 1997.
[Section 3 amended by No. 31 of 1997 s. 88; No. 28 of 2003 s. 129(2); No. 35 of 2007 s. 106.]
4.
(1) In the construction of this Act except where the subject or context or the other provisions hereof require a different construction —
annuitant means the proprietor of an annuity or charge;
annuity means a sum of money payable periodically and charged on land under the operation of this Act by an instrument hereunder;
approved form, subject to section 81K, means a form approved by the Registrar of Titles;
Australian lawyer has the meaning given to that term in the Legal Profession Act 2008 section 3;
authorised land officer has the meaning given by the Land Administration Act 1997;
Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;
carbon covenant, carbon covenant form, carbon right and carbon right form have the same respective meanings as they have in the Carbon Rights Act 2003;
certificate of Crown land title means certificate of Crown land title within the meaning of the Land Administration Act 1997;
charge means —
(a) the instrument creating and charging an annuity; or
(b) subject to section 15(10) of the Land Administration Act 1997, a charge referred to in section 15(9)(b) of that Act;
Crown land has the same meaning as it has in the Land Administration Act 1997;
Crown land lease means lease of Crown land registered under section 81Q;
Crown lease means every lease or other holding of Crown lands under the Land Act 1898 2, or any regulation thereby repealed, granted for or extending over a period of 5 years or more;
dealing, in relation to Crown land, has the same meaning as it has in the Land Administration Act 1997;
digital title means a certificate of title in a medium in which the data comprising the certificate is stored and retrieved by digital means;
encumbrances includes all prior estates interests rights claims and demands which can or may be had made or set up in to upon or in respect of the land, and a dealing that is registered under this Act;
endorsed includes anything written, noted or marked, by means approved by the Registrar of Titles, upon or in any document;
Examiner of Titles means a person who is an Examiner of Titles under section 8(1);
grant means the grant by Her Majesty of land in fee and also includes Crown leases;
grantor means the proprietor of land charged with the payment of an annuity;
graphic includes —
(a) a sketch plan in the possession of the Registrar;
(b) a plan or diagram lodged or deposited under this Act;
(c) a plan of survey of Crown land,
in such medium for the storage and retrieval of information or combination of such media as the Registrar approves;
instrument includes —
(a) a document for the conveyance, assignment, transfer, lease, sublease, mortgage or charge of freehold land;
(b) a document creating an easement, profit à prendre or restrictive covenant;
(c) a carbon right form, carbon covenant form or tree plantation agreement;
(d) a document for —
(i) the transfer, mortgage or charge of a carbon right, carbon covenant, plantation interest or profit à prendre or for any other dealing in relation to a carbon right, carbon covenant, plantation interest or profit à prendre;
(ii) the extension of a carbon right, carbon covenant or plantation interest;
(iii) the variation of a carbon covenant or tree plantation agreement; or
(iv) the surrender of a carbon right, carbon covenant or plantation interest;
(e) a document lodged with a plan or diagram under Part IVA for the purpose of creating an easement or restrictive covenant under that Part; and
(f) any other document for a dealing in relation to Crown land;
interest, in relation to Crown land, has the same meaning as it has in the Land Administration Act 1997;
judge means a judge of the Supreme Court of Western Australia;
land includes messuages, tenements and hereditaments corporeal or incorporeal in freehold and Crown land; and in every certificate of title certificate of Crown land title and qualified certificate of Crown land title transfer and lease created and registered or issued or made under this Act such word also includes all easements and appurtenances appertaining to the land therein described or reputed to be part thereof or appurtenant thereto;
management body has the same meaning as it has in the Land Administration Act 1997;
metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4;
Minister for Lands means the Minister to whom the administration of the Land Administration Act 1997 is committed;
ministerial order means an order made by the Minister for Lands under the Land Administration Act 1997;
paper title means a certificate of title in a paper medium;
person includes a corporation whether aggregate or sole;
plantation interest has the same meaning as it has in the Tree Plantation Agreements Act 2003;
profit à prendre, in relation to —
(a) Crown land, has the same meaning as it has in the Land Administration Act 1997; or
(b) other land, includes profit à prendre referred to in section 34B of the Conservation and Land Management Act 1984 or Part 7 of the Forest Products Act 2000;
proprietor means —
(a) in relation to freehold land, the owner, whether in possession, remainder, reversion or otherwise, of land or of a lease, mortgage or charge over land;
(aa) in relation to a carbon right, carbon covenant or plantation interest, a person; or
(b) in relation to Crown land —
(i) the holder of an interest in Crown land; or
(ii) a management body empowered under the Land Administration Act 1997 to grant or enter into interests in Crown land or to deal with or create any other right or title of a proprietary nature in Crown land,
whose name appears in the Register as the proprietor of that freehold land, carbon right, carbon covenant or plantation interest, or the holder of that interest or power, and includes the donee of a power to appoint or dispose of that ownership, interest or power;
public authority means —
(a) a Minister of the Crown in right of the State;
(b) any State Government department, State trading concern, State instrumentality or State agency; or
(c) any public statutory body, whether or not corporate, established under a written law but not including a local government;
qualified certificate of Crown land title means qualified certificate of Crown land title within the meaning of the Land Administration Act 1997;
qualified valuer means —
(a) in relation to a certificate of the value of land that is produced to the Registrar pursuant to a requirement made by him before the expiration of 12 months from the coming into operation of the Land Valuers Licensing Act 1978 3 —
(i) a person appointed as a sworn valuator under the provisions of this Act as enacted before the coming into operation of that Act; or
(ii) a person who is licensed under that Act;
(b) in relation to a certificate of the value of land that is produced to the Registrar pursuant to a requirement made by him after the expiration of 12 months from the coming into operation of the Land Valuers Licensing Act 1978 3 — a person who is licensed under that Act;
Register means the Register referred to in section 48;
relevant graphic, in relation to a certificate of title, means a graphic endorsed on, annexed to, referred to in or otherwise linked or connected to, the certificate of title;
reserve has the same meaning as it has in the Land Administration Act 1997;
settlement means any document under or by virtue of which any land shall be so limited as to create partial or limited estates or interests;
sheriff means the Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia;
strata/survey‑strata plan has the meaning that it has in the Strata Titles Act 1985;
symbol means a symbol approved by the Registrar under section 48C;
transmission means the acquirement of the ownership of freehold land under the will of the proprietor or by descent or by executors or administrators as such or under any settlement;
tree plantation agreement means an agreement as defined in the Tree Plantation Agreements Act 2003.
(1a) This Act applies, with such modifications —
(a) as are necessary or desirable; or
(b) as are prescribed,
or both, to Crown land.
(1b) Without limiting the generality of subsection (1a), a reference in this Act to —
(a) a certificate of title, document of title or muniment of title includes, unless the contrary intention appears, a reference to a certificate of Crown land title or qualified certificate of Crown land title;
(b) a Crown grant includes, unless the contrary intention appears, a reference to a certificate of title created and registered on the registration of a transfer in fee simple of the relevant parcel of Crown land;
(c) land, to freehold land or to land under the operation of this Act includes, unless the contrary intention appears, a reference to Crown land;
(d) the Minister includes, unless the contrary intention appears, a reference to the Minister for Lands;
(e) a person having an estate or interest in land includes, unless the contrary intention appears, a reference to —
(i) a person having an interest in Crown land; and
(ii) a management body empowered under the Land Administration Act 1997 to grant or enter into interests in Crown land;
or
(f) the exercise of rights by a proprietor of land to grant leases, licences or mortgages of or over the land includes, unless the contrary intention appears, a reference to the exercise by a management body of corresponding powers conferred on it under section 46(3) or 59(5) of the Land Administration Act 1997.
(1c) A word or expression which is defined in the Land Administration Act 1997 has, unless the contrary intention appears or the word or expression is otherwise defined in this Act, the same meaning in this Act as it has in that Act.
(2) All land and every estate and interest in land under the operation of The Transfer of Land Act 1874 and all instruments and dealings affecting any such land estate or interest shall from the commencement of this Act be deemed to be under the operation of this Act.
(3) In this Act, a reference to a short form in relation to an easement of a type described in column 2 of Schedule 9A is a reference to the corresponding short form description of that type of easement set out in column 1 of that Schedule.
[Section 4 amended by 2 Edw. VII. No. 10 s. 2 (as amended by No. 17 of 1950 s. 75); No. 54 of 1909 s. 2; No. 17 of 1950 s. 6; No. 56 of 1978 s. 4; No. 126 of 1987 s. 33; No. 81 of 1996 s. 5 and 145(1); No. 31 of 1997 s. 89; No. 34 of 2000 s. 72; No. 59 of 2000 s. 51; No. 6 of 2003 s. 4; No. 56 of 2003 s. 11; No. 59 of 2004 s. 140; No. 38 of 2005 s. 15; No. 60 of 2006 s. 103; No. 21 of 2008 s. 711(2).]
4A. Certain provisions of this Act not to apply to Crown land
(1) Subject to subsection (2), this Act applies to Crown land in the same way as it applies to freehold land.
(2) Notwithstanding any other provision of this Act, sections 29, 48B, 70, 71B, 86, 222, 223 and 223A do not apply to Crown land.
[Section 4A inserted by No. 31 of 1997 s. 90.]
Part I — Officers
5. Commissioner of Titles
(1) The Governor may designate a person to be the Commissioner of Titles under this Act.
(2) A person cannot be the Commissioner of Titles unless —
(a) the person is a member of the Authority’s staff; and
(b) the person is an Australian lawyer of not less than 7 years’ standing and practice.
(3) When the Land Information Authority Act 2006 section 104(1) comes into operation 1 the person who, immediately before then, is the Commissioner of Titles becomes the Commissioner of Titles as if designated under subsection (1) for the balance of the person’s term of office.
[Section 5 inserted by No. 60 of 2006 s. 104; amended by No. 21 of 2008 s. 711(3).]
6. Deputy Commissioner of Titles
(1) The Governor may designate a person, or each of 2 or more persons, to be a Deputy Commissioner of Titles under this Act.
(2) A person cannot be a Deputy Commissioner of Titles unless —
(a) the person is a member of the Authority’s staff; and
(b) the person is an Australian lawyer of not less than 5 years’ standing.
(2a) When the Land Information Authority Act 2006 section 105(1) comes into operation 1 a person who, immediately before then, is a Deputy Commissioner of Titles becomes a Deputy Commissioner of Titles as if designated under subsection (1) for the balance of the person’s term of office.
(3) When and as often as the Commissioner is incapacitated by illness, absence or other sufficient cause from performing the duties of the Commissioner, a Deputy Commissioner nominated in writing by the Commissioner is to act as, and in the place of, the Commissioner during the Commissioner’s incapacity.
(3a) When there is no Commissioner, a Deputy Commissioner nominated in writing by the former Commissioner before ceasing to be the Commissioner is to act as, and in the place of, the Commissioner.
(3b) If, in a circumstance described in subsection (3) or (3a), there is no Deputy Commissioner who has been nominated as described in that subsection and is able to act, a Deputy Commissioner nominated in writing by the Minister, is to act as, and in the place of, the Commissioner.
(4) A Deputy Commissioner while acting as Commissioner has all the powers of, and shall perform all the duties and functions of, the Commissioner, except the power of delegation conferred by section 15.
[(5), (6) deleted]
(7) The exercise by a Deputy Commissioner of any power or function pursuant to this section is sufficient evidence of his authority to do so, and no person shall be concerned to inquire as to that authority or be affected by any notice in relation thereto.
(8) A Deputy Commissioner is subject in all matters to the direction and control of the Commissioner.
[Section 6 inserted by No. 14 of 1972 s. 2; amended by No. 32 of 1994 s. 18; No. 6 of 2003 s. 5; No. 65 of 2003 s. 120(3); No. 60 of 2006 s. 105; No. 21 of 2008 s. 711(4).]
7. Registrar of Titles
(1) The Governor may designate a person to be the Registrar of Titles under this Act.
(2) A person cannot be the Registrar of Titles unless the person is a member of the Authority’s staff.
(3) When the Land Information Authority Act 2006 section 106 comes into operation 1 the person who, immediately before then, is the Registrar of Titles becomes the Registrar of Titles as if designated under subsection (1).
[Section 7 inserted by No. 60 of 2006 s. 106.]
7A. Offices of Commissioner and Registrar may be held by one person
(1) A person qualified to be the Commissioner of Titles may be, and may perform the functions of, both the Commissioner of Titles and the Registrar of Titles.
(2) Any act, matter, or thing which is required by this Act to be —
(a) referred by the Registrar of Titles to the Commissioner of Titles; or
(b) done or proceeded with or granted or refused by the Registrar of Titles by the direction or order or with the consent or approval of the Commissioner of Titles, or after the Commissioner of Titles has been satisfied of any facts —
may be dealt with by a person who is both the Registrar of Titles and the Commissioner of Titles without any reference, or on his own initiative or judgment, or pursuant to any order or direction made or given by himself, as in the circumstances of the case may appear to be most convenient.
(3) Nothing in this section shall be deemed to extend the powers of any Assistant Registrar.
[Section 7A inserted by No. 5 of 1925 s. 2; amended by No. 60 of 2006 s. 107.]
8. Other designations
(1) The Governor may designate a person, or each of 2 or more persons, to be an Examiner of Titles under this Act.
(2) The Governor may designate a person, or each of 2 or more persons, to be an Assistant Registrar of Titles under this Act.
(3) A person cannot be an Examiner of Titles or an Assistant Registrar of Titles unless the person is a member of the Authority’s staff.
(4) A person cannot be an Examiner of Titles unless the person is an Australian lawyer.
(5) When the Land Information Authority Act 2006 section 108 comes into operation 1 a person who, immediately before then, is an Assistant Registrar of Titles becomes an Assistant Registrar of Titles as if designated under subsection (2).
[Section 8 inserted by No. 60 of 2006 s. 108; amended by No. 21 of 2008 s. 711(5).]
8A. Designating statutory officers, generally
(1) This section applies to —
(a) the designation of a person under section 5 to be the Commissioner of Titles; and
(b) the designation of a person under section 6 to be a Deputy Commissioner of Titles; and
(c) the designation of a person under section 7 to be the Registrar of Titles; and
(d) the designation of a person under section 8(1) to be an Examiner of Titles; and
(e) the designation of a person under section 8(2) to be an Assistant Registrar of Titles.
(2) The power to designate a person includes —
(a) the power to revoke a designation previously made under that power; and
(b) the power to designate a person to perform functions of another person who has that designation when it is impractical for that other person to perform the functions.
[Section 8A inserted by No. 60 of 2006 s. 109.]
9. Certain signatures to be judicially noticed
(1) All courts judges and persons acting judicially shall take judicial notice of the signature of the Commissioner of Titles (hereinafter called the Commissioner) and of any Deputy Commissioner and of the Registrar of Titles (hereinafter called the Registrar) and of any Assistant Registrar of Titles (hereinafter called an Assistant Registrar) and of any Examiner of Titles.
(2) Nothing in this section or section 10 limits the operation of section 55 or 56 of the Evidence Act 1906.
[Section 9 amended by No. 14 of 1972 s. 3; No. 31 of 1997 s. 92; No. 6 of 2003 s. 6.]
10. Seal
(1) The Registrar shall have a seal which shall be in a form, and applied by means, approved by the Registrar.
(2) Certificates of title and other documents purporting to be marked with the seal, other than copies or print‑outs of documents provided under section 239(3), shall be admissible as evidence without further proof.
(3) The mark of the seal on any entry or memorandum entered in the Register or on any registered instrument or its duplicate shall be treated by any court or person having by law or by consent of parties authority to receive evidence as conclusive evidence that —
(a) the entry or memorandum has been duly entered in the Register; and
(b) the instrument, or the instrument to which the duplicate, entry or memorandum relates, has been duly registered.
(4) The mark of the seal on any memorandum referred to in section 54 shall be treated by all courts as conclusive evidence that the memorandum has been duly filed under that section.
[Section 10 inserted by No. 81 of 1996 s. 6 4; amended by No. 6 of 2003 s. 7.]
11. Powers of Assistant Registrar
Everything by this Act appointed or authorised or required to be done or signed or initialled by the Registrar may be done or signed or initialled by any Assistant Registrar; and shall be as valid and effectual as if done or signed or initialled by the Registrar himself, except that an Assistant Registrar cannot exercise the power of delegation given to the Registrar by section 15A.
[Section 11 amended by No. 28 of 1969 s. 3; No. 60 of 2006 s. 110.]
12. Commissioner and Examiner of Titles not to practise
The Commissioner shall not nor shall any Examiner of Titles under this Act directly or indirectly engage in legal practice or share in the profits of a person so engaged.
[Section 12 amended by No. 21 of 2008 s. 711(6).]
13. Oaths of office
Every Registrar and Assistant Registrar shall before executing any duties as the Registrar or an Assistant Registrar take the following oath before a judge:
I A.B. do solemnly swear that I will faithfully and to the best of my ability execute and perform the duties of Registrar of Titles [or Assistant Registrar of Titles] under the Transfer of Land Act 1893. So help me God.
[Section 13 amended by No. 60 of 2006 s. 111.]
14. Digital signatures, entries etc. in parts of Register or in graphics that are in digital medium
If the Registrar is required or authorised under this Act to write on, sign, note, mark, record, initial, make an entry or statement on or endorse any part of the Register or any graphic that is in a digital medium the Registrar may do so by digital means.
[Section 14 inserted by No. 6 of 2003 s. 8.]
15. Delegation by Commissioner
(1) The Commissioner may delegate any power or duty of the Commissioner under another provision of this Act to —
(a) a Deputy Commissioner;
(b) an Examiner of Titles;
(c) any other member of the Authority’s staff who is an Australian lawyer.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
(6) A delegation to a Deputy Commissioner that the Commissioner made before the repeal effected by the Land Information Authority Act 2006 section 105(3) becomes, when section 112 of that Act inserts this section, of the same effect as if the Commissioner had made the delegation under this section.
[Section 15 inserted by No. 60 of 2006 s. 112; amended by No. 21 of 2008 s. 711(7).]
15A. Delegation by Registrar
(1) The Registrar may delegate any power or duty of the Registrar under another provision of this Act to a member of the Authority’s staff.
(2) The delegation must be in writing signed by the Registrar.
(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent.
[Section 15A inserted by No. 60 of 2006 s. 112.]
16. Rules relating to surveyors
The Minister may from time to time make rules and regulations to be observed by licensed surveyors lawfully entitled to practise under this Act.
[Section 16 amended by No. 25 of 1909 s. 29; No. 17 of 1950 s. 8.]
[17. Deleted by No. 25 of 1909 s. 2.]
Part II — Bringing land under the Act
[18. Deleted by No. 31 of 1997 s. 93(1) 5.]
[19. Deleted by No. 31 of 1997 s. 94(1) 6.]
20. Lands alienated in fee before commencement of The Transfer of Land Act 1874 may be brought under this Act
Land alienated in fee by Her Majesty before 1 July 1875 may be brought under the operation of this Act by an application in the form in the Second Schedule; which application may be made by any of the following persons (that is to say) —
(i) the person claiming to be the owner of the fee simple either at law or in equity;
(ii) persons who collectively claim to be the owners of the fee simple either at law or in equity;
(iii) persons who have the power of appointing or disposing of the fee simple;
(iv) the person claiming to be the owner of the first estate of freehold provided that the owner of any vested estate of inheritance join in applying to bring the land under the operation of the Act;
(v) trustees for sale of the fee simple but if any previous consent to their selling be requisite the persons required to give such consent to consent to the application;
(vi) the guardian of any infant or the committee of the estate of any lunatic or person of unsound mind unable to govern his estates so however that the application be made on behalf of such infant lunatic or person and the certificate of title be prepared for registration in his name;
(vii) a tenant for life within the meaning of the Settled Land Act 1892 7, if the application contains a direction that the certificate of title be registered in the names of the trustees of the settlement within the meaning of that Act, and the trustees consent to the application.
Provided always that a mortgagor shall not be entitled to make such application unless the mortgagee shall consent thereto; nor a mortgagee unless in the exercise of his power of sale and unless the certificate of title shall be prepared for registration in the purchaser’s name. Provided also that the attorney of any corporation howsoever and wheresoever incorporated whether already constituted or hereafter to be constituted by a power of attorney under a seal purporting to be the common seal of the corporation giving the power may make such application for and on behalf of the corporation of which he is the attorney and may make the requisite declaration to the best of his knowledge information and belief and may subscribe the application in his own name.
[Section 20 amended by No. 17 of 1950 s. 9; No. 81 of 1996 s. 8; No. 6 of 2003 s. 9.]
20A. Evidence and restrictions of requisitions
In applications to bring land under the Act the Commissioner may accept as evidence —
recitals, statements and descriptions of facts, matters and parties in deeds, instruments, Acts of Parliament and statutory declarations, the date shown as that of the execution, signature, passing or making of which precedes that of the application by at least 20 years,
and an applicant shall not be required to negative,
except as to the knowledge, information and belief of himself and his agents,
the existence of any unregistered conveyances or assurances affecting any part of the land the subject of the application.
[Section 20A inserted by No. 17 of 1950 s. 10.]
21. How application to be dealt with when no dealing has been registered
The Registrar shall refer such application to the Commissioner for his direction or if there be such an officer then to an Examiner of Titles who shall report on the title and submit the same and the papers to the Commissioner for his direction; and if it shall appear to the Commissioner that no transaction affecting the land has been registered under any general registration Act concerning the registration of deeds relating to or affecting land and if he shall be satisfied as to the title of the applicant he shall direct the Registrar to bring the land under the operation of this Act either forthwith or after advertisement made as hereinafter directed by registering a certificate of title.
22. How application to be dealt with when dealing has been registered
If it shall appear to the Commissioner that any such transaction as aforesaid has been registered and that all encumbrances affecting the land (excepting such as are hereinafter mentioned as not requiring special notification) have been released or that the owners thereof have consented to the application or that any encumbrance (not being a mortgage the owner whereof shall not have consented to the application) may be specified in the certificate of title and continue outstanding and if he shall be satisfied with the evidence submitted in support of the title and of such further evidence as he shall call for by requisition the Commissioner shall direct notice of the application to be advertised once at least in the Government Gazette and in one newspaper published in the city of Perth or circulating in the neighbourhood of the land and to be served on any persons named by him; and shall appoint a time not less than 14 days nor more than 12 months from such notice or from the advertisement or the first of such advertisements (if more than one) on or after the expiration of which the Registrar shall unless a caveat shall be lodged forbidding the same bring the land under the operation of this Act. The expenses of all advertisements under this or any other section shall in all cases be paid to the Registrar before the publication thereof.
23. Notice of application to bring land under this Act and rescission of previous directions on undue delay
The Registrar shall under such direction as aforesaid cause notice to be published in such manner as by such direction may be prescribed that application has been made for bringing the land under the operation of this Act and shall cause a copy of such notice to be posted in a conspicuous place at the Authority’s office and shall serve a copy of the notice on every person whom the Commissioner has directed to be served with such notice, the persons stated in the application to be occupiers of the land, the occupiers and owners of the lands contiguous to the land (unless the land is an entire Crown allotment) and all persons appearing on the Register to have a then subsisting estate or interest in the land. Notwithstanding however any direction heretofore given or which shall hereafter be given by the Commissioner to bring land under the operation either of The Transfer of Land Act 1874, or of this Act he may after sending to the applicant or his agent one month’s notice in this behalf rescind such direction and reject the title unless the applicant shall adduce satisfactory proof that he is proceeding without unnecessary delay in removing or complying with the requisitions made on the title.
[Section 23 amended by No. 81 of 1996 s. 9; No. 60 of 2006 s. 118(2).]
24. Person claiming title by possession to post notice of application on land
On any application to bring land under this Act on a title claimed by possession the applicant shall post on the land the subject of the application or at such place as the Commissioner shall direct a notice in the form in the Third Schedule either accurately describing or necessarily including the land claimed by possession and shall keep the same so posted for not less than 21 days prior to the day limited for entry of caveat; and the Commissioner may refuse to create the certificate until it has been proved to his satisfaction that the requirements of this section have been complied with.
[Section 24 amended by No. 81 of 1996 s. 10.]
25. Land to be brought under this Act unless caveat received
If before the registration of the certificate the Registrar shall not have received a caveat forbidding the same he shall bring the land under this Act by registering in the name of the applicant or in the name of such person as may have been directed in that behalf a certificate of title, in an approved form, to the land.
[Section 25 amended by No. 17 of 1950 s. 11; No. 81 of 1996 s. 11.]
26. Land occupied may be brought under this Act by different description from that in title on special application
On any application to bring land under this Act in which the land actually and bona fide occupied by the applicant differs in boundaries area or position from the land described in his muniments of title he may apply to bring under this Act the land so occupied; and in any such case the applicant shall state in his application in addition to the other particulars required by this Act that the land as occupied by him and as to which he applies for a certificate is not correctly described in the muniments of title lodged in support of the application and shall specify to the best of his knowledge and belief the reasons for the discrepancy between the land as occupied and the land as described in the muniments of title.
27. Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate
On any application to bring land under this Act by a description different from that in the muniments of title or for the amendment of a certificate or for the amendment or replacement of a relevant graphic the Commissioner may grant the same as to the land in the occupation of the applicant if the discrepancy between the land as occupied and as described in the muniments or certificate of title or relevant graphic shall appear to be due to the inaccuracy of any survey or plan or description on the sale of the land by the Crown or on any subsequent dealing therewith or to any discrepancy between the actual measurements or bearings at any time made or marked on the ground and those represented or mentioned in any plan or description.
[Section 27 amended by No. 81 of 1996 s. 12; No. 6 of 2003 s. 10.]
28. Title may be given to excess of land occupied under Crown grant over land described in Crown grant
If the land included in any application to bring land under this Act or for an amended certificate or for the amendment or replacement of a relevant graphic consist of a Crown town or suburban allotment or country location and it shall be found by survey or otherwise that by reason of erroneous measurements in the original Crown survey the actual dimensions of such section allotment or portion as marked on the ground exceed or fall short of the dimensions given in the Crown grant or certificate of title or relevant graphic of such land the Commissioner may direct the Registrar to create and register a certificate in respect of such land as if the dimensions marked on the ground had been the dimensions given in the Crown grant or certificate of title and to amend or replace, if necessary, any relevant graphic.
[Section 28 amended by No. 81 of 1996 s. 13; No. 31 of 1997 s. 95; No. 6 of 2003 s. 11.]
29. Excess of land may be apportioned between different owners or proprietors
Where land has been subdivided by the Crown into allotments or portions of equal area and by reason of erroneous measurements in the original Crown survey the area of the section as marked on the ground exceeds the sum of the areas of all the allotments or portions as shown by any plan or description used at the Crown sale or by any grant or certificate of title or on any relevant graphic of any such allotment or portion the total excess of area of the section shall be deemed originally distributable amongst the allotments or portions equally; and if the area of the land included in any application to bring land under this Act or for an amended certificate or for the amendment or replacement of a relevant graphic is in the applicant’s possession and was in such applicant’s possession or those through whom he claims for over 12 years previous to the application and does not exceed the area obtained by dividing the area of the section as shown on the ground by the number of original allotments or portions the Commissioner may without ascertaining the dimensions of the other allotments or portions and without the consent of the owner or owners thereof direct the Registrar to create and register a certificate in respect of the land included in such application as if the whole of it had been included by metes and bounds in the original grant or certificate of title and to amend or replace, if necessary, any relevant graphic.
[Section 29 amended by No. 81 of 1996 s. 14; No. 6 of 2003 s. 12.]
30. Parties interested may lodge caveat
Any person claiming any estate or interest in the land described in the advertisement may in person or by agent before the registration of the certificate lodge a caveat with the Registrar in an approved form forbidding the bringing of such land under this Act. Every such caveat shall be signed by the caveator or by his agent and shall particularise the estate or interest claimed; and the Registrar may by notice require any person lodging such caveat to support the same by a statutory declaration within 7 days after the service of such notice stating the nature of the title under which the claim is made and also to deliver a perfect abstract of the title to such estate or interest. Unless such declaration be lodged within the time aforesaid the caveat shall lapse. A caveat under this section cannot be lodged unless it contains an address, or a number for a facsimile machine, in Australia for the service of notices in relation to the caveat.
[Section 30 amended by No. 81 of 1996 s. 15.]
31. If caveat received, proceedings suspended
The Registrar upon receipt of such caveat shall notify the same to the applicant and shall suspend proceeding in the matter until such caveat shall have been withdrawn or shall have lapsed as in this Act provided or until an order in the matter shall have been obtained from the Supreme Court or a judge. The applicant may if he think fit summon the caveator to attend before the Supreme Court or a judge in chambers to show cause why such caveat should not be removed; and such court or judge may upon proof that such caveator has been summoned make such order in the premises either ex parte or otherwise as to such court or judge may seem fit.
32. Caveat to lapse unless proceedings taken within one month
After the expiration of one month from the receipt thereof such caveat shall be deemed to have lapsed unless the person by whom or on whose behalf the same was lodged shall within that time have taken proceedings in a court of competent jurisdiction to establish his title to the estate or interest specified in the caveat and shall have given written notice thereof to the Registrar or shall have obtained and served on him an injunction or order of the Supreme Court or a judge restraining him from bringing the land under this Act. A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest.
33. Judge may require production of title deeds in support of application to bring land under this Act
After an application has been made to have any land brought under the operation of this Act a judge may require all persons having in their possession or custody any deeds instruments or evidences of title relating to or affecting the land the subject of such application to produce the same to the Commissioner and in case there be such to any Examiner of Titles for his inspection upon such terms and subject to such conditions and for such charge or fee as the judge making the order may think just and shall fix. All applications to be made to a judge under this section may be made by summons in chambers by the applicant owner or by the person in whose name a certificate of title would be created if the application were to be successful.
[Section 33 amended by No. 81 of 1996 s. 16.]
34. Applicant may withdraw application
An applicant may withdraw his application at any time prior to the registration of the certificate; and the Registrar shall in such case return to the applicant or to the person appearing by the application to be entitled thereto all evidences of title lodged in support of the application; but in such case if a caveator shall have been put to expense without sufficient cause by reason of such application he shall be entitled to receive from the applicant such compensation as a judge on a summons in chambers shall deem just and order.
35. Documents of title
Upon registering a certificate of title the Registrar shall retain in his custody and possession all grants and instruments evidencing the title of the person registered and shall endorse upon the last of them if there be more than one a memorandum that the land included in the certificate has been brought under this Act and shall sign such memorandum. Provided always that if any of such grants or instruments relate to any property other than the land included in such certificate the Registrar shall return such grant or instrument to the person from whom he received the same. No person shall be entitled to an inspection of any of such instruments except upon the written order of the person who originally deposited the same or of some person claiming through or under him or upon the order of a judge or of the Commissioner. No action or suit at law or in equity shall be brought or maintained upon any covenant or agreement for the production of the documents which shall be so retained or upon any agreement to give or enter into a covenant for the production thereof; and if any such action or suit shall be commenced it shall be a sufficient answer thereto that such documents have been retained under this Act.
36. Subsisting lease to be endorsed and returned
Where any subsisting lease has been lodged the Registrar shall after he has endorsed the same as above provided in the case of the last material registered document, return such lease to the person lodging the same upon the applicant lodging with the Registrar a certified copy of such lease.
37. Additional evidence to be scheduled
When any additional evidence is produced in support of any application either to bring land under the operation of this Act or upon a transmission the documents shall be delivered to the Registrar who shall thereupon add them to the schedule of the application noting thereon the time of their production and affixing his initials thereto before submitting such additional evidence to the Commissioner.
38. Certificate of title to issue in name of deceased
In case the applicant or the person in whose name the certificate of title has been prepared for registration dies between the application and the registration of the certificate it shall be registered in the name of such applicant or of such person as the case may be; and such land shall devolve or pass in like manner as if the certificate had been registered prior to the death of such applicant or person.
[Section 38 amended by No. 81 of 1996 s. 17.]
39. Registration of leaseholds
Land leased for a term of years of which 10 years are unexpired or leased for years determinable with a life or lives may be brought under the operation of this Act as near as may be in a similar manner and subject to the same or similar provisions as are hereinbefore contained with respect to freehold land. The application may be made by persons having such estates and interests in the leasehold land as are similar or correspondent to the estates and interests of the persons entitled to apply to bring freehold land under this Act. Every certificate of title to leasehold land shall always be subject to the rights and powers of the lessor or his representative and of any person entitled to the inheritance in the land immediately expectant on the term as well as to the encumbrances hereinafter mentioned as not requiring special notification. The several provisions of this Act with respect to freehold land shall apply to leasehold and with such variations only as the difference in the nature of such property requires or as may be necessary to render such provisions applicable to leaseholds for years.
[40. Deleted by No. 81 of 1996 s. 18.]
[41. Deleted by No. 81 of 1996 s. 19.]
42. Production of lease may be dispensed with on bringing land under this Act
On any application to bring land under this Act the Commissioner may dispense with the production of any lease and may accept the memorial of the registration thereof as sufficient evidence of its contents; and if the memorial does not disclose any right of renewal or purchase no such right shall be assumed to have existed and the lease shall be deemed to have expired at the time at which it would have expired according to the date and term appearing in the memorial.
43. Certain memorials to be sufficient evidence of conveyances in fee
A memorial of any release conveyance or reconveyance registered under any Ordinance or Act concerning the registration of deeds relating to or affecting land may for the purpose of bringing land under this Act be deemed by the Commissioner sufficient evidence of the deed referred to being a conveyance in fee simple of the lands described in such memorial unless the contrary can reasonably be inferred from the prior or subsequent title or from something appearing on the face of such memorial.
[Section 43 amended by No. 113 of 1965 s. 4; No. 81 of 1996 s. 20.]
[44. Deleted by No. 81 of 1996 s. 21.]
45. Commissioner may direct Registrar to bring land under this Act
Notwithstanding anything hereinbefore contained the Commissioner may after the publication of such advertisements as he may deem fit direct the Registrar to bring any land under the operation of this Act.
[Section 45 amended by No. 81 of 1996 s. 22.]
46. Title to land sold under order or decree may be deemed sufficient
An office copy of any order heretofore made or which shall hereafter be made by the Supreme Court (whether such order shall hereafter be in the form of an order confirming the report of the master or in any other form) confirming a person as the purchaser of any land sold in fee simple under or in pursuance of any decree or order of such court together with an office copy of such decree or order and such certificate of payment as hereinafter mentioned may for the purpose of bringing land under this Act be deemed by the Commissioner sufficient evidence of the title of the purchaser to such land subject to any estate or interest appearing by the decree or order or order of confirmation or subsequently created, and registered.
47. Formalities of order
Every order of confirmation of a purchase which shall hereafter be made shall be drawn up so as to refer to a schedule thereto containing the name and address of the purchaser and a description of the land purchased by him; and the master of the Supreme Court is hereby required after payment and acceptance of all the money payable in respect of any particular purchase to give upon any such office copy order of confirmation a written certificate that the purchase money and all interest in respect thereof payable by any purchaser named in such certificate for any land therein referred to has been wholly paid.
[Section 47 amended by No. 81 of 1996 s. 146(1).]
Part III — Certificates of titles and registration
48. Register
(1) The Registrar shall cause to be maintained for the purposes of this Act a Register comprising —
(a) all registered certificates of title;
(b) in relation to land that is the subject of a digital title, a record of the endorsements of the particulars of all dealings and matters referred to in section 48A(2) or 81P, as is relevant to the case, that used to affect, but do not currently affect, the land; and
(c) in relation to land that is the subject of a paper title, a record of the entries of recovery of possession and of surrender made under section 102 in relation to a sublease of the land.
(2) The Register may be maintained in any medium for the storage and retrieval of information or combination of such media —
(a) whether or not the kind of medium is the same as that in which the information was originally presented for registration or lodgment; and
(b) where, in the opinion of the Registrar, the medium or combination is appropriate having regard to the purposes of this Act.
(3) Where a record of information in the Register deteriorates or is incomplete, the Registrar may cause another record to be prepared or the record to be completed, as the case may be, and the new or completed record then has effect as the record for the purposes of the Register.
(4) The Registrar may prepare the new or completed record from such evidence as is available as to the content of the original or complete record, as the case may be.
(5) If under subsection (3) a new record is prepared or a record is completed, the Registrar shall ensure the following are entered in the Register —
(a) the date that the new record was prepared or the record was completed; and
(b) such information as will enable the history of the record to be traced.
(6) The Registrar may at any time cause a record of information in the Register that is in one medium or a combination of media to be converted to another medium or combination of media with such advice to persons affected by the conversion as the Registrar considers appropriate.
[Section 48 inserted by No. 81 of 1996 s. 23; amended by No. 6 of 2003 s. 13.]
48A. Certificates of title
(1) Subject to subsection (1a), each certificate of title created for registration shall be in an approved form.
(1a) The following may, with the approval of the Registrar, be endorsed on, annexed to, referred to in or otherwise linked or connected to, a certificate of title, but do not form part of the certificate of title —
(a) information about the land that is the subject of the certificate, not being information about the title of the land or particulars that are required to be endorsed on the certificate under subsection (2);
(b) a graphic of the extent or location of —
(i) the land that is the subject of the certificate;
(ii) an easement affecting the whole or part of the land;
(iii) a restrictive covenant affecting the whole or part of the land; or
(iv) a positive covenant, as defined in the Land Administration Act 1997, affecting the whole or part of the land.
(2) The Registrar shall endorse on each certificate of title the particulars of all dealings and matters affecting the land that is the subject of the certificate where the particulars are required by this Act to be registered or entered in the Register and such endorsement shall be in a manner that preserves the priorities of those dealings or matters.
[Section 48A inserted by No. 81 of 1996 s. 23; amended by No. 6 of 2003 s. 14.]
48B. Duplicate certificates of title
(1) Where a certificate of title has been registered the Registrar shall issue a duplicate certificate of title to the proprietor of the land that is the subject of the certificate of title unless the proprietor requests, in an approved form, that —
(a) a duplicate certificate of title not be issued; or
(b) the duplicate certificate of title be issued to a person named and authorised by the proprietor, in which case the Registrar shall issue the duplicate certificate to that person.
(2) Where the Registrar issues a duplicate certificate of title, the duplicate shall be in or on a medium approved by the Registrar.
(3) Where a proprietor of land that is the subject of a certificate of title has requested that a duplicate certificate of title not be issued, the Registrar shall endorse the certificate of title to that effect.
(4) The Registrar may —
(a) on the request of a proprietor of land that is the subject of a certificate of title; and
(b) on delivery to the Registrar of the duplicate certificate of title for the land for retention, disposal or destruction,
cancel the duplicate certificate of title and the Registrar shall endorse the certificate of title to that effect.
(5) Nothing in this section prevents the Registrar from issuing a duplicate certificate of title on the request, in an approved form, of the person who, for the time being, is the proprietor of the land for a duplicate certificate of title to be issued to that proprietor or to a person named and authorised by that proprietor as the person to whom the duplicate may be issued.
[Section 48B inserted by No. 81 of 1996 s. 23; amended by No. 6 of 2003 s. 15.]
48C. Symbols
The Registrar may endorse a record of information in his possession with a symbol —
(a) of a kind; and
(b) with a meaning,
approved by the Registrar.
[Section 48C inserted by No. 81 of 1996 s. 23.]
49. One certificate may be created for lands not contiguous
One certificate of title may be created and registered for several parcels of land though the same are not contiguous if in the opinion of the Registrar their relative positions can be sufficiently and conveniently shown in a relevant graphic.
[Section 49 amended by No. 32 of 1917 s. 2; No. 81 of 1996 s. 24; No. 6 of 2003 s. 16.]
50. Area of land need not be mentioned in certificate
It shall not be necessary to mention the area of any parcel of land included in a certificate and the omission to refer to the area of the land comprised in a certificate shall not in any case invalidate the certificate.
[Section 50 amended by No. 17 of 1950 s. 13; No. 94 of 1972 s. 4; No. 6 of 2003 s. 17.]
[51. Deleted by No. 81 of 1996 s. 25.]
52. Registration of certificates of title and instruments
(1) A certificate of title, in the case of a paper title, is registered when —
(a) it has been allocated a reference number distinguishing it from all other certificates of title; and
(b) it has been sealed.
(1a) A certificate of title, in the case of a digital title, is registered when —
(a) it has been allocated a reference number distinguishing it from all other certificates of title; and
(b) it has been incorporated into the Registrar’s digital database as a certificate of title.
(2) An instrument purporting to affect any land for which a certificate of title has been registered is registered when —
(a) a memorandum referred to in section 56 in relation to the original instrument has been entered in the Register on the certificate; and
(b) the original instrument has been sealed.
(3) The Registrar may require a person who presents a lease for registration to also lodge a duplicate of the lease.
(4) The person named in —
(a) a certificate of title referred to in subsection (1); or
(b) an instrument referred to in subsection (2),
as the proprietor or as having an estate or interest or power in relation to the land that is the subject of the certificate or the instrument shall be deemed to be the registered proprietor of the land or to have the estate or interest or power in relation to the land, as the case may be.
[Section 52 inserted by No. 81 of 1996 s. 26; amended by No. 6 of 2003 s. 18.]
53. Priority of registration of instruments
(1) The Registrar shall register an instrument presented for registration in the order, and from the time, of its presentation.
(2) Instruments purporting to affect the same estate or interest have priority as between each other according to the time of registration and not according to the date of the instrument, notwithstanding any actual or constructive notice.
[Section 53 inserted by No. 81 of 1996 s. 27.]
54. Incorporation of terms etc. of certain memoranda
(1) In this section, memorandum means a document containing terms, conditions, covenants or other provisions purporting to affect any land under the operation of this Act.
(2) Any person may, on payment of the prescribed fee, lodge with the Registrar a memorandum in an approved form.
(3) The Registrar may file —
(a) a memorandum lodged under subsection (2) if the content is approved by the Registrar; and
(b) a memorandum on his own behalf,
and the Registrar shall allocate to each memorandum so filed a reference number distinguishing it from all other memoranda filed under this section and seal each memorandum.
(4) A provision of a particular memorandum filed under this section may be incorporated into a certificate of title, instrument, plan, diagram or other document affecting land under the operation of this Act (the document), with or without amendment, by notation to that effect on the document.
(5) A provision of a memorandum noted as being incorporated into a document under subsection (4), or that provision as amended, as the case may be, shall be deemed to be set out in its entirety in the document.
(6) Nothing in this section affects any other provision of this Act by which terms, conditions, covenants or other provisions that affect land under the operation of this Act may be incorporated into a document for the purposes of this Act.
[Section 54 inserted by No. 81 of 1996 s. 28.]
55. Trusts
(1) The Registrar shall not enter on a certificate of title notice of any trusts other than those set out in the body of the original Crown grant or certificate of title or contained or referred to in the transfer, or the ministerial order for the conveyance, of the relevant Crown land into the fee simple.
(2) Where a trust is declared in any other document and the document or a copy of it has been deposited with the Registrar, the Registrar may cause the document or copy to be kept for safe custody and reference but shall not register the document.
(3) The Commissioner may protect, in any manner he thinks fit, the rights of the persons for the time being beneficially interested in, or required to give consent under, a trust a record of which is kept under subsection (2).
(4) The rights incidental to any proprietorship, instrument, dealing or matter registered under this Act shall not be affected by the keeping of a record of a trust under subsection (2).
[Section 55 inserted by No. 81 of 1996 s. 29; amended by No. 31 of 1997 s. 96; No. 6 of 2003 s. 19.]
56. Memorandum to state certain particulars
Every memorandum (other than a memorandum under Part IVA) entered in the Register shall state the date of lodgment for registration of the instrument to which the memorandum relates and such other particulars as the Registrar directs.
[Section 56 inserted by No. 28 of 1969 s. 5; amended by No. 81 of 1996 s. 30 and 145(1).]
57. Memoranda of instruments and endorsements
When a memorandum of any instrument is entered in the Register and the duplicate certificate of title, instrument or duplicate instrument (if any) is presented to the Registrar —
(a) the Registrar shall endorse the instrument to the effect that the memorandum has been entered in the Register;
(b) the Registrar shall enter on the duplicate certificate of title, in the case of a paper title, or duplicate instrument, as the case may be, a memorandum in the same terms as the memorandum entered in the Register; and
(c) in the case of a digital title, the Registrar shall cancel the duplicate certificate of title (if any) and may issue a new edition of the duplicate certificate of title in accordance with section 74B(2).
[Section 57 inserted by No. 81 of 1996 s. 31; amended by No. 6 of 2003 s. 20.]
58. Instruments not effectual until registered
No instrument until registered in manner herein provided shall be effectual to pass any estate or interest in any land under the operation of this Act or to render such land liable to any mortgage or charge or to make any dealing in respect of Crown land effective, as the case requires; but upon such registration the estate or interest comprised in the instrument shall pass or as the case may be the land shall become liable in manner and subject to the covenants and conditions set forth and specified in the instrument or by this Act declared to be implied in instruments of a like nature, or the dealing in respect of Crown land is made effective, as the case required.
[Section 58 amended by No. 81 of 1996 s. 32; No. 31 of 1997 s. 97.]
59. Notations as to legal disability of proprietor
Where the proprietor of land under the operation of this Act is a minor or a person under any other legal disability the Registrar shall state on the certificate of title and on the duplicate certificate of title (if any) the age of such minor or the nature of the disability, as the case may be, so far as is known to the Registrar.
[Section 59 inserted by No. 81 of 1996 s. 33.]
60. Joint tenants and tenants in common
Two or more persons who may be registered as joint proprietors of land shall be deemed to be entitled to the same as joint tenants; and in all cases where 2 or more persons are entitled as tenants in common to undivided shares of or in any land such persons may receive one certificate for the entirety or separate certificates for the undivided shares.
61. Effect of insertion of the words “no survivorship”
Upon the transfer of any land and upon the lease of any freehold land to 2 or more persons as joint proprietors with the words “no survivorship” endorsed thereon the Registrar shall enter such words in the memorandum of such transfer or lease and also upon any certificate of title registered in the name of such joint proprietors pursuant to such transfer and sign his name thereto. Two or more joint proprietors of any land or of any such lease or of any charge may by writing, under their hands direct the Registrar to enter the words “no survivorship” upon the certificate of title or instrument relating to the property. In every case after such words shall have been signed by the Registrar whether under this or any preceding section it shall not be lawful for any persons other than the proprietors registered to transfer or otherwise deal with the property without the order of the Supreme Court or a judge thereof obtained on motion or petition or the order of the Commissioner.
[Section 61 amended by No. 81 of 1996 s. 34.]
62. Notice to be published before effect is given to order
Before making any such order the court or judge or Commissioner shall cause notice of the intention so to do to be advertised once at least in one newspaper published in the city of Perth or circulating in the neighbourhood of the land and shall appoint a time within which it shall be lawful for any person interested to show cause against such order being made; after the expiration of which time it shall be lawful for the said court or judge or Commissioner to give directions for the transfer of such land or lease or charge to any new proprietor or proprietors solely or jointly with or in the place of any existing proprietor or proprietors, or to make such order in the premises as shall be just for the protection of any persons beneficially interested in such property or in the proceeds thereof; and on such order being deposited with the Registrar he shall make such entries and perform such acts for giving effect thereto as the provisions of this Act may render necessary. The Commissioner in any case within the last preceding section in which members of a corporation that is a friendly society within the meaning of section 16C of the Life Insurance Act 1995 of the Commonwealth are interested may before making an order thereunder dispense with the aforesaid advertisement.
[Section 62 amended by No. 26 of 1999 s. 106(2); No. 74 of 2003 s. 120.]
63. Certificate to be conclusive evidence of title
(1) No certificate of title created and registered upon an application to bring land under this Act or upon an application to be registered as proprietor on a transmission shall be impeached or defeasible by reason or on account of any informality or irregularity in the application or in the proceedings previous to the registration of the certificate; and every certificate of title created and registered under any of the provisions herein contained shall be received in all courts of law as evidence of the particulars therein set forth or incorporated and of the entry thereof in the Register, and shall be conclusive evidence that the person named in such certificate as the proprietor of or having any estate or interest in or power to appoint or dispose of the land therein described is seised or possessed of such estate or interest or has such power.
(2) A reference in subsection (1) to a certificate of title does not include a reference to a qualified certificate of Crown land title.
[Section 63 amended by No. 81 of 1996 s. 35 and 145(1); No. 31 of 1997 s. 98.]
63A. Certificates may contain statement of easements
(1) Any certificate of title may contain a statement therein or entry thereon to the effect that the land therein described has appurtenant thereto any easement or that the land therein described is subject to any right or right of way or other easement.
(2) The statement or entry shall —
(a) contain a non‑diagrammatic description of the extent or location of the easement;
(b) refer to the instrument creating the easement if that instrument is deposited with the Authority;
(c) refer to any other record of information in the possession of the Registrar which gives a non‑diagrammatic description of the extent or location of the easement; or
(d) refer to a relevant graphic of the extent or location of the easement.
[Section 63A inserted by No. 54 of 1909 s. 15 and 16 (as amended by No. 17 of 1950 s. 75); amended by No. 81 of 1996 s. 36; No. 6 of 2003 s. 21; No. 60 of 2006 s. 118(1).]
64. Certificate conclusive evidence as to title to easements
Whenever any certificate of title either already registered or issued or hereafter to be registered or issued under any of the provisions or otherwise under the operation of this Act shall contain any statement to the effect that the person named in the certificate is entitled to any easement therein specified such statement shall be received in all courts of law and equity as conclusive evidence that he is so entitled.
[Section 64 amended by No. 6 of 2003 s. 22.]
65. Effect of short forms etc. for easements
(1) Where a transfer, lease, tree plantation agreement or certificate of title contains the words “together with a right of carriage way over...” or words to that effect and specifies the road or land over which the easement is created by reference to a map on which the road or land is indicated by a symbol then, unless the contrary intention appears, the words of the Ninth Schedule shall be deemed to have effect in relation to the transfer, lease, tree plantation agreement or certificate of title, as the case requires.
(2) Where a plan or an instrument referred to in Part IVA contains the words “right of carriage way” in relation to a place indicated on the plan or, in the case of an instrument, on the plan in relation to which the instrument was lodged then, unless the contrary intention appears, the words of the Ninth Schedule applicable to a transfer shall be deemed to have effect in relation to that plan or instrument.
(3) Where —
(a) a transfer, lease, tree plantation agreement or certificate of title; or
(b) a plan or an instrument referred to in Part IVA,
contains a short form of easement then the words in column 2 of Schedule 9A corresponding to the short form shall be deemed to have effect in relation to that transfer, lease, tree plantation agreement, certificate of title, plan or instrument, unless the contrary intention appears.
[Section 65 inserted by No. 81 of 1996 s. 37 8; amended by No. 56 of 2003 s. 12.]
65A. Memorandum of easement
(1) Subject to subsection (2), a memorandum of an easement affecting land under the operation of this Act that has been created by a plan, diagram or instrument shall be entered on the certificate of title for each dominant and servient tenement.
(2) Where —
(a) an easement has been created under Part IVA by notation on a strata/survey‑strata plan; and
(b) the easement has been notified on a registered strata/survey‑strata plan,
it is not necessary for a memorandum of the easement to be entered on the certificates of title for the dominant and servient tenements that are also a subject of that plan.
[Section 65A inserted by No. 81 of 1996 s. 37.]
[66. Deleted by No. 81 of 1996 s. 38.]
66A. No separate certificate for easement
A separate certificate of title for an easement shall not be created.
[Section 66A inserted by No. 17 of 1950 s. 15; amended by No. 81 of 1996 s. 39.]
67. Certificate conclusive evidence in suit for specific performance or action for damages
In any action for specific performance or for damages brought by a proprietor of any land under the operation of this Act against a person who may have contracted to purchase such land not having notice of any fraud or other circumstances which according to the provisions of the said Act or of this Act would affect the right of the vendor the certificate of title of such proprietor shall be held to be conclusive evidence that such proprietor has a good and valid title to the land for the estate or interest therein mentioned or described and shall in any such action entitle such proprietor to a decree for the specific performance of such contract.
68. Estate of registered proprietor paramount
(1) Notwithstanding the existence in any other person of any estate or interest whether derived by grant or transfer of the fee simple from the Crown or otherwise which but for this Act might be held to be paramount or to have priority the proprietor of land or of any estate or interest in land under the operation of this Act shall except in case of fraud hold the same subject to such encumbrances as may be notified on the registered certificate of title for the land; but absolutely free from all other encumbrances whatsoever except the estate or interest of a proprietor claiming the same land under a prior registered certificate of title and except as regards any portion of land that may by wrong description of parcels or boundaries be included in the certificate of title or instrument evidencing the title of such proprietor not being a purchaser for valuable consideration or deriving from or through such a purchaser. Provided always that the land which shall be included in any certificate of title or registered instrument shall be deemed to be subject to the reservations exceptions conditions and powers (if any) contained in the grant thereof or transfer of the fee simple or otherwise and to any rights subsisting under any adverse possession of such land and to any public rights of way and to any easements acquired by enjoyment or user or subsisting over or upon or affecting such land and to any unpaid rates and to any mining lease or licence issued under the provisions of any statute and to any prior unregistered lease or agreement for lease or for letting for a term not exceeding 5 years to a tenant in actual possession notwithstanding the same respectively may not be specially notified as encumbrances on such certificate or instrument but no option of purchase or renewal in any such lease or agreement shall be valid as against a subsequent registered interest unless such lease or agreement is registered or protected by caveat.
(2) Notwithstanding the existence in any other person of any interest in Crown land which but for this Act might be held to be paramount or to have priority, the holder of an interest in Crown land shall, except in case of fraud, hold that interest —
(a) subject to such encumbrances as may be notified on the registered certificate of Crown land title for the Crown land; but
(b) absolutely free from all other encumbrances whatsoever, except —
(i) the interest of a proprietor claiming the same Crown land under a prior registered certificate of Crown land title; and
(ii) as regards any portion of Crown land that may by wrong description of parcels or boundaries be included in the certificate of Crown land title or other instrument evidencing the Crown title of that proprietor, not being a purchaser for valuable consideration or deriving from or through such a purchaser.
(3) Notwithstanding subsection (2), the Crown land included in any registered certificate of Crown land title, registered qualified certificate of Crown land title or registered instrument shall be deemed to be subject to —
(a) any reservation, exception, condition, covenant or power to which the relevant interest in Crown land is subject;
(b) any public right of way;
(c) any easement subsisting over or upon or affecting that Crown land;
(d) any unpaid rates;
(e) any mining tenement within the meaning of the Mining Act 1978; and
(f) any prior unregistered lease or agreement for lease or for letting for a term not exceeding 5 years to a tenant in actual possession,
even if it is, or they are, not specially notified as an encumbrance on that certificate of Crown land title or instrument, but no option of purchase or renewal of any lease or agreement referred to in paragraph (f) shall be valid as against a subsequent registered interest unless that lease or agreement is registered or protected by a caveat.
(4) In subsections (2) and (3), a reference to a certificate of Crown land title or registered instrument does not include a reference to a qualified certificate of Crown land title.
[Section 68 amended by No. 81 of 1996 s. 40; No. 31 of 1997 s. 99.]
69. Easements existing under deed or writing and certain conditions to be noted as encumbrances
Notwithstanding the reservation in the last preceding section of any easements subsisting over or upon or affecting any land comprised in any certificate of title the Registrar shall specify upon any future certificate of such land and its duplicate (if any) as an encumbrance affecting the same any subsisting easement over or upon or affecting the same which shall appear to have been created by any deed or writing. And notwithstanding the proviso to the said last preceding section the Registrar shall endorse as an encumbrance upon all future certificates of title and their duplicates (if any) any special building condition or condition against free alienation or other condition (not being a power of resumption by the Crown for any public purpose) contained in any grant conveyance or other document of title of the land described in such certificate and its duplicate (if any) and such endorsement may be in the words following or to the like effect (that is to say):
“Special building condition contained in to [A.B.] registered vol. fol. ,” or as the case may be.
“Condition against (free alienation or other condition) contained in to [A.B.] registered vol. fol. ,” or as the case may be.
[Section 69 amended by No. 81 of 1996 s. 41.]
70. Reversions expectant on leases
The person named in any certificate of title as the proprietor of an estate of freehold in possession in the land therein described shall be held in every court of law to be seised of the reversion and inheritance in the land immediately expectant upon the term of any lease that may be mentioned as an encumbrance in such certificate and to have all powers rights and remedies to which such a reversioner is by law entitled and shall be subject to all the covenants and conditions in such lease to be performed and observed by or on the part of the lessor.
70A. Record on title of factors affecting use and enjoyment of land
(1) Where, in relation to land under the operation of this Act —
(a) the local government of the district in which the land is situated; or
(b) a public authority,
considers it desirable that proprietors or prospective proprietors of the land be made aware of a factor affecting the use or enjoyment of the land or part of the land, the local government or the public authority may, on payment of the prescribed fee, cause a notification of the factor to be prepared in an approved form and lodged with the Registrar.
(2) Where —
(a) a notification is lodged under subsection (1); and
(b) the written consent of the proprietor of the land accompanies the notification,
the Registrar shall endorse the certificate of title for the land to that effect.
(3) The local government or the public authority which lodged the notification under subsection (1) and the proprietor of the land for the time being may, at any time after the notification has been lodged, on payment of the prescribed fee and in an approved form, request the Registrar to remove the notification from the certificate of title for the land or modify the notification.
(4) Without limiting subsection (2), the Registrar shall endorse certificates of title with such information about notifications and their modification or removal, and in such manner, as the Registrar thinks fit.
[Section 70A inserted by No. 81 of 1996 s. 42.]
71. Upon surrender of existing certificates single certificate may be obtained
On the application of any proprietor or of any person entitled to become a proprietor of land under separate certificates of title and on his delivering up the duplicate (if any) of each certificate the Registrar may create and register in the proprietor’s name a single certificate of title for the whole of such land or several certificates as to portions thereof in accordance with such application so far as the same may be done consistently with any regulations for the time being in force respecting the parcels of land that may be included in one certificate of title; and upon registering any certificate under this section the Registrar shall cancel the previous certificate and shall endorse thereupon a memorandum setting forth the occasion of such cancellation and referring to the new certificate.
[Section 71 amended by No. 81 of 1996 s. 43.]
71A. Proprietor may apply for separate certificate
(1) The Registrar, upon application being made in writing by a proprietor of land the subject of a certificate of title, may create and register in the proprietor’s name a separate certificate of title for part of the land, and shall endorse upon the certificate of title, from the subject of which part is taken, a memorandum partially cancelling the certificate.
(2) The Registrar shall retain the duplicate (if any) of the partially cancelled certificate of title and, when required by the proprietor, shall create and register in the proprietor’s name a certificate of title for the land remaining the subject of the partially cancelled certificate of title.
[Section 71A inserted by No. 17 of 1950 s. 17; amended by No. 81 of 1996 s. 44.]
71B. Power to issue new duplicate certificate of title
(1) The Registrar may, upon the delivery to him of a duplicate Crown grant or duplicate certificate of title, issue a new duplicate certificate of title in the place of the existing duplicate Crown grant or duplicate certificate of title, which shall thereupon be cancelled.
(2) Where the Registrar is of opinion that, because of the condition of dilapidation of a duplicate certificate of title or Crown grant lodged with him for any purpose, it should be replaced by a new duplicate certificate of title, he may —
(a) require the proprietor of the land the subject of the certificate of title or Crown grant to apply for a new duplicate certificate of title;
(b) retain the Crown grant or certificate of title so dilapidated until the proprietor applies for a new duplicate certificate of title.
[Section 71B inserted by No. 17 of 1950 s. 17; amended by No. 81 of 1996 s. 45.]
72. History of dealings to be preserved
Such references shall be noted in the Register and on instruments filed hereunder as will allow the title to be traced either downwards from or upwards to the original certificate of title; but it shall not be necessary in any certified copy of any certificate of title or instrument to insert such references; and every such copy shall be deemed complete notwithstanding the omission of such references.
[Section 72 amended by No. 81 of 1996 s. 145(1); No. 6 of 2003 s. 23.]
[73. Deleted by No. 31 of 1997 s. 100.]
74. Duplicate may be dispensed with in certain cases
The Registrar with the consent of the Commissioner may dispense with the production of any duplicate certificate of title or duplicate instrument (if any) for the purpose of entering thereon the memorandum by this Act required. If the Registrar dispenses with the production of a duplicate certificate of title in the case of a paper title, upon the registration of the dealing the Registrar shall notify in the memorandum in the Register that no entry of such memorandum has been made on the duplicate (if any) and such dealing shall thereupon be as valid and effectual as if such memorandum had been entered. If the Registrar dispenses with the production of a duplicate certificate of title (if any) in the case of a digital title, the Registrar shall notify in the memorandum in the Register that the duplicate certificate of title was not produced and such dealing shall be as valid and effectual as if such memorandum had been entered. The Registrar may with the like consent dispense with the production of the duplicate certificate of title (if any) required to be delivered up prior to the registration of any person as proprietor on the transmission of an estate of freehold. Provided always that before registering such dealing or transmission the Registrar shall require proof by statutory declaration that the duplicate is not deposited or held as a security or lien and shall give at least 14 days’ notice of his intention to register such dealing in at least one newspaper published in the city of Perth or circulating in the neighbourhood of the land.
[Section 74 amended by No. 81 of 1996 s. 46 and 145(1); No. 6 of 2003 s. 24.]
74A. Creation of substitute certificate of title
(1) Where any original Crown grant or any certificate of title kept by the Registrar is lost, destroyed or so dilapidated or obliterated as to be illegible, the Commissioner may cause a substitute certificate of title to be created and registered and may prepare the substitute certificate from the duplicate or such other evidence as is available as to the contents of the original Crown grant or the previous certificate of title.
(2) If under subsection (1) a substitute certificate of title is created, the Registrar shall ensure the following are entered in the Register —
(a) the date that the substitute certificate of title was created; and
(b) such information as will enable the history of the creation of the certificate of title to be traced.
[Section 74A inserted by No. 81 of 1996 s. 47; amended by No. 6 of 2003 s. 25.]
74B. Issue of subsequent duplicate certificates of title
(1) Where a duplicate certificate of title has been issued and —
(a) the duplicate has been destroyed by, or in circumstances known to, the Registrar; and
(b) the proprietor of the land that is the subject of the certificate of title requests, in an approved form, that a new duplicate certificate of title be issued without cancellation of the certificate of title,
then the Registrar may cause a new duplicate certificate of title to be issued to the proprietor or to a person named and authorised by the proprietor as the person to whom the duplicate may be issued.
(2) If, in the case of a digital title —
(a) a duplicate certificate of title has been issued and is later cancelled; and
(b) the cancelled duplicate certificate of title has been produced to the Registrar,
the Registrar may cause a new edition of the duplicate certificate of title to be issued to the proprietor of the land that is the subject of the digital title or to a person named and authorised by the proprietor as the person to whom the duplicate may be issued.
[Section 74B inserted by No. 81 of 1996 s. 47; amended by No. 6 of 2003 s. 26.]
75. Where duplicate certificate lost, destroyed or obliterated
(1) In the event of any duplicate certificate of title in the case of a paper title or Crown lease being lost or destroyed or becoming so obliterated as to be useless, application may be made to the Commissioner for the creation and registration of a certificate of title or a Crown lease to replace the duplicate certificate of title or Crown lease the duplicate of which has been lost or destroyed or obliterated as aforesaid, and the Commissioner may, upon proof to his satisfaction of the loss or destruction or obliteration of such duplicate certificate of title or Crown lease, direct the Registrar to cancel the certificate of title or the Crown lease for the land then comprised in the certificate of title or the Crown lease the duplicate whereof has been lost or destroyed or obliterated and to create and register a new certificate of title or Crown lease for such land.
Provided that the Registrar, before registering such new certificate of title or Crown lease, shall give at least 14 days’ notice of his intention so to do in at least one newspaper published in the city of Perth or circulating in the neighbourhood of the land.
(1a) In the event of any duplicate certificate of title in the case of a digital title being lost or destroyed or becoming so obliterated as to be useless, application may be made to the Commissioner for the issue of a new edition of the duplicate certificate of title to replace the lost, destroyed or obliterated duplicate certificate of title and the Commissioner may, upon proof to his satisfaction of the loss or destruction or obliteration of such duplicate certificate of title, direct the Registrar to issue a new edition of the duplicate certificate of title.
(2) A duplicate certificate of title or Crown lease replaced by a duplicate certificate of title or Crown lease under subsection (1) and section 48B ceases to have effect on the registration of the new certificate of title or Crown lease under subsection (1).
(3) A duplicate certificate of title replaced by a duplicate certificate of title under subsection (1a) ceases to have effect on the issue of the new edition of the duplicate certificate of title under that subsection.
(3a) If the duplicate certificate of title or Crown lease replaced by a duplicate certificate of title or Crown lease under subsection (1) and section 48B or under subsection (1a) is found or recovered, the person who finds or recovers the duplicate shall immediately lodge it with the Registrar who shall endorse it to note that it has ceased to have effect under subsection (2) or (3), as is relevant to the case.
(4) When a duplicate Crown lease is replaced under subsection (1), the Registrar shall, in cancelling that Crown lease under that subsection, endorse the relevant certificate of Crown land title or qualified certificate of Crown land title, as the case requires, with all the particulars of, or endorsed on, that Crown lease.
(5) In this section, a reference to a Crown lease includes a reference to a Crown land lease issued by the Minister for Lands.
[Section 75 inserted by No. 28 of 1944 s. 2 (as amended by No. 17 of 1950 s. 75); amended by No. 81 of 1996 s. 48; No. 31 of 1997 s. 101; No. 6 of 2003 s. 27.]
76. Person to whom duplicate certificate or instrument of title has been issued in error or who wrongfully retains such instrument may be summoned
(1) In case it shall appear to the satisfaction of the Commissioner that any duplicate certificate of title or instrument has been issued in error or contains any misdescription of land or of boundaries or that any entry or endorsement has been made in error on any duplicate certificate of title or instrument or that any duplicate certificate instrument entry or endorsement has been fraudulently or wrongfully obtained or that any duplicate certificate or instrument is fraudulently or wrongfully retained he may by notice in writing require the person to whom such document has been so issued or by whom it has been so obtained or is retained to deliver up the same for the purpose of being cancelled or corrected or given to the proper party as the case may require; and in case such person shall refuse or neglect to comply with such requisition the Registrar on the direction of the Commissioner may apply to a judge to issue a summons for such person to appear before the Supreme Court or a judge and show cause why such duplicate certificate or instrument should not be delivered up for the purpose aforesaid; and if such person when served with such summons shall neglect or refuse to attend before such court or a judge thereof at the time therein appointed it shall be lawful for a judge to issue a warrant authorising and directing the person so summoned to be apprehended and brought before the Supreme Court or a judge for examination.
(2) Where a person has not complied with a requisition under subsection (1) and the Registrar has not applied to a judge for the issue of a summons referred to in that subsection, nothing in subsection (1) prevents any other interested person from applying to a judge to issue a summons referred to in that subsection.
[Section 76 amended by No. 81 of 1996 s. 49.]
77. Party appearing may be examined on oath
Upon the appearance before the court or a judge of any person summoned or brought up by virtue of a warrant under section 76(1) or (2) it shall be lawful for the court or judge to examine such person upon oath and (in case the same shall seem proper) to order such person to deliver up such duplicate certificate of title or instrument as aforesaid; and upon refusal or neglect by such person to deliver up the same pursuant to such order to commit such person to gaol until such duplicate certificate or instrument shall be delivered up; and in such case or in case such person cannot be found so that a requisition and summons may be served upon him under section 76(1) or (2) —
(a) the Commissioner may (if the circumstances of the case require it and subject to paragraph (b)) direct the Registrar to issue to the proprietor of the land; or
(b) the court or a judge may, upon the application of the Registrar or any other interested person, order the Registrar to issue to such person as the court or judge directs,
such duplicate certificate of title as can be issued in the case of any duplicate certificate of title being lost or destroyed and the Registrar shall enter in the Register on the relevant certificate of title notice of the issuing of such duplicate certificate and the circumstances under which the same was issued and thereupon the duplicate certificate so refused or neglected to be delivered up as aforesaid shall be deemed for all purposes to be null and void.
[Section 77 amended by No. 81 of 1996 s. 50.]
78. Registrar may call in duplicate certificate etc.
On any transfer by a sheriff or the Magistrates Court or mortgagee to a purchaser of any land estate or interest under this Act or for the purpose of amending or cancelling any certificate or its duplicate under the provisions of this Act or for the purpose of inspection in case of loss destruction or obliteration of any certificate of title the Registrar shall by writing under his hand require the judgment debtor mortgagor or mortgagee or proprietor of the land comprised in any duplicate certificate or instrument or the person having the possession, custody or control of any such duplicate certificate or instrument to bring the same to the Authority within a period named in such requisition not less than 7 days from the date thereof to be endorsed, cancelled, amended or otherwise dealt with as the case may require.
[Section 78 amended by No. 54 of 1909 s. 11; No. 81 of 1996 s. 51; No. 6 of 2003 s. 28; No. 59 of 2004 s. 140; No. 60 of 2006 s. 118(1).]
79. Person who fails to bring in duplicate certificate etc. may be brought before court or judge
If any person shall refuse or neglect to comply with any such requisition as aforesaid the Registrar or any person interested may apply to a judge to issue a summons for such person to appear before the Supreme Court or a judge and show cause why the document mentioned in such requisition should not be delivered up or produced for the purpose mentioned in such requisition; and upon appearance before the court or a judge of any person so summoned it shall be lawful for the court or judge to examine such person upon oath and to receive other evidence or if he did not appear after being duly served with such summons then to receive evidence in his absence and (in case the same shall seem proper) to order such person to deliver up such document upon such terms or conditions as to such court or judge shall seem fit and the cost of the summons and proceedings thereon shall be in the discretion of the court or judge.
[80. Deleted by No. 17 of 1950 s. 19.]
81. Words of inheritance or succession to be implied
Every certificate of any person or corporation sole or aggregate being the proprietor of an estate in fee simple whether in possession remainder or reversion, the holder of an interest in Crown land or the holder of a power conferred on a management body and every instrument transferring, creating or giving effect to such an estate, interest or power to or in favour of any person or corporation shall imply and be deemed to include the heirs of such person or the successors of such corporation.
[Section 81 amended by No. 31 of 1997 s. 102.]
Part IIIA — Crown leases
[Heading inserted by No. 54 of 1909 s. 2A (as amended by No. 17 of 1950 s. 75).]
81A. Registration of Crown leases
(1) Subject to subsection (3), every Crown lease issued after the commencement of the Transfer of Land Act Amendment Act 1909 1, shall be issued in duplicate under seal and forwarded by the Minister for Lands direct to the Registrar for registration under section 53.
(2) The Registrar shall —
(a) enter in a journal particulars of the lease, and mark on each part thereof the number appearing in such journal, and sign his name to each part;
(b) retain one part (to be called the original), and deliver the other part (to be called the duplicate) to the lessee or, in the case of a mortgage, to the mortgagee; and
(c) register the original in the Register of Leases.
(3) No Crown lease shall be issued after the commencement of the Acts Amendment (Land Administration) Act 1997 1.
[Section 81A inserted by No. 54 of 1909 s. 3 (as amended by No. 17 of 1950 s. 75); amended by No. 81 of 1996 s. 52; No. 31 of 1997 s. 103.]
81B. Registration of Crown leases granted before commencement of this Act
(1) A Crown lease issued before the commencement of the Transfer of Land Act Amendment Act 1909 1, may be made subject to and registered under the operation of this Act, by an application in the form in the Twenty‑eighth Schedule.
(2) Such application may be made by the lessee or any person claiming through him, or by any mortgagee, and shall be accompanied by —
(a) the instrument of lease and certified copies of all existing mortgages, subleases, and other dealings (if any) registered under the Land Act 1898 2; and
(b) a certified copy of the lease to be supplied by the Department of Lands and Surveys 9 to the applicant for such purpose; and
(c) the written consent of all registered mortgagees; and
(d) in applications by mortgagees, the written consent of the lessee.
(3) The Registrar shall refer such application to the Commissioner for his direction, and if the Commissioner is satisfied as to the title of the applicant he shall direct the Registrar to bring the land under the Act, either forthwith or after advertisement.
(4) When the Registrar is satisfied that the preceding provisions of this section have been complied with, he shall —
(a) enter in a journal particulars of the lease, and of all existing mortgages and subleases, and mark on the lease and the certified copy the number appearing in the journal, and endorse on the lease and certified copy all existing mortgages and subleases, and sign his name to the lease and certified copy and such endorsements; and
(b) retain and register in the Register of Leases the original lease instrument and deliver the certified copy to the lessee, or, in the case of a mortgage, to the mortgagee.
(5) Any mortgage or sublease of a Crown lease made prior to the lease being registered under this section, and which is still operative —
(a) shall be recorded on the original instrument of lease and on the certified copy; and
(b) when so recorded, shall be read as if it contained all the covenants, powers, and conditions which by this Act are implied in mortgages or subleases or conferred upon the parties thereto, except so far as such mortgage or sublease contains express provisions to the contrary.
[Section 81B inserted by No. 54 of 1909 s. 4 (as amended by No. 17 of 1950 s. 75).]
81C. Effect of registration
When a Crown lease is signed by the Registrar it shall be deemed to be registered and, subject to this Act, may be transferred, subleased, and dealt with in like manner as if it had been granted by a registered proprietor and registered in the ordinary way, and the several provisions of this Act with respect to freehold land shall apply to such Crown lease, and every mortgage or sublease thereof, whether granted before or after the commencement of the Transfer of Land Act Amendment Act 1909 1; with such variations only as the difference in the nature of such property requires, or as may be necessary to render such provisions applicable to leaseholds for years.
[Section 81C inserted by No. 54 of 1909 s. 5 (as amended by No. 17 of 1950 s. 75).]
81D. Registration of transfer etc.
(1) No transfer, sublease, or mortgage of a Crown lease or of a sublease thereof shall be registered until —
(a) the Minister for Lands, or an officer authorised by that Minister to do so, has informed the Registrar in writing of his consent to the registration; and
(b) if the Registrar so requests, the duplicate Crown lease is presented to the Registrar for any endorsement or other action required by the Registrar.
(2) Nothing in this Act contained shall affect the provisions of the Land Act 1898 2, whereby a transferee or sublessee is required to be a person who is not disqualified under that Act to be a lessee of the land intended to be transferred or sublet.
(3) If a lease is divided under section 134(4)(a) of the Land Administration Act 1997 the Registrar shall —
(a) register, and has power to do all things necessary to register, the division of the land under the lease and the transfer of each part of the land under the lease; and
(b) register any other dealing or thing that may be done in relation to each part of the pastoral lease,
despite anything to the contrary in this Act.
(4) If a lease is divided under section 134(4)(b) of the Land Administration Act 1997 the Registrar shall —
(a) register and has power to do all things necessary to register the division of the lease and the amalgamation of part of the land with the land of an adjoining pastoral lease; and
(b) register any other dealing or thing that may be done in relation to each part of the pastoral lease,
despite anything to the contrary in this Act.
(5) If a lease is divided under section 134(4)(c) of the Land Administration Act 1997 the Registrar shall —
(a) register, and has power to do all things necessary to register, the division of the lease and transfer of part of the lease; and
(b) register any other dealing or thing that may be done in relation to each part of the pastoral lease,
despite anything to the contrary in this Act.
[Section 81D inserted by No. 54 of 1909 s. 6 (as amended by No. 17 of 1950 s. 75); amended by No. 81 of 1996 s. 53; No. 59 of 2000 s. 51.]
81E. No foreclosure without consent of Minister for Lands
No order of foreclosure shall be made in respect of a mortgage of a Crown lease without the consent, in writing, of the Minister for Lands.
[Section 81E inserted by No. 54 of 1909 s. 7 (as amended by No. 17 of 1950 s. 75).]
81F. Entry of forfeiture
(1) The Registrar, upon receipt of written notice from the Minister for Lands that any Crown lease has been forfeited or determined in whole or in part, shall make an entry to that effect on the original lease and call in the lessee’s part thereof.
(2) If there is a mortgage or sublease registered against the lease so forfeited or determined, the Registrar shall serve the mortgagee or sublessee with 30 days’ notice of his intention to make such entry within which time the mortgagee or sublessee may carry out the conditions of the lease and apply to the Minister for Lands to waive the forfeiture.
(3) The Minister for Lands may, by notice to the Registrar, allow a longer period than 30 days.
(4) Unless the forfeiture or determination is cancelled by the Governor in Council under the Land Act 1898 2, or is waived by the Minister for Lands under subsection (2), then at the expiration of such days or such longer period as the Minister for Lands shall allow, such forfeiture and determination shall become absolute.
[Section 81F inserted by No. 54 of 1909 s. 8 (as amended by No. 17 of 1950 s. 75); amended by No. 81 of 1996 s. 54.]
81G. Crown lessee to be deemed of full age
(1) Every person who for the time being is the holder of a Crown lease shall, for all purposes in connection with transferring, subletting, mortgaging, or otherwise dealing with the lease, have the same capacity as if he were and shall be deemed of full age.
(2) The provisions of this section shall be deemed to have applied to all holdings under the Land Act 1898 2, from 1 January 1899.
(3) The terms and conditions of any such transfer, sublease, mortgage, or other dealing may be reviewed and altered upon application in Chambers to a judge of the Supreme Court.
[Section 81G inserted by No. 54 of 1909 s. 9 (as amended by No. 17 of 1950 s. 75).]
81H. Certain provisions of this Act and Land Act 1898 not to apply to Crown leases
(1) Sections 92, 93 and 94 of this Act shall not apply to Crown leases.
(2) Sections 80, 122 and 138 to 144 inclusive of the Land Act 1898 2, and sections 74 to 83 inclusive of the Land Act Amendment Act 1906, shall not apply to Crown leases registered under this Act, and section 15 of the Land Act Amendment Act 1900, shall in reference to Crown leases registered under this Act be read subject to section 81F.
[Section 81H inserted by No. 54 of 1909 s. 10 (as amended by No. 17 of 1950 s. 75); amended by No. 26 of 1911 s. 3.]
81I. Mortgage of Crown lease to be transferred to Crown grant
(1) Where the holder of a Crown lease has executed a mortgage thereof, either before or after the commencement of the Transfer of Land Act Amendment Act 1911 1, and the holder for the time being under the provisions of such Crown lease becomes entitled to a Crown grant in fee simple of the land comprised in and demised by such lease, the mortgage shall, by the operation of the Transfer of Land Act Amendment Act 1911, be transferred and apply to such Crown grant, and to the land thereby granted, in all respects as if such Crown grant had been referred to in the mortgage, and a memorandum of such mortgage shall be endorsed by the Registrar of Titles as an encumbrance on such Crown grant and in the Register on his registering such grant, and a memorandum stating the fact of such transfer shall also be made by the Registrar of Titles on the instrument of mortgage.
(2) This section shall be deemed to have been in operation from the commencement of the Transfer of Land Act Amendment Act 1909 1.
[Section 81I inserted by No. 26 of 1911 s. 2 (as amended by No. 17 of 1950 s. 75); amended by No. 81 of 1996 s. 55.]
Part IIIB — Registration and recording in relation to Crown land
[Heading inserted by No. 31 of 1997 s. 104(1).]
Division 1 — General
[Heading inserted by No. 31 of 1997 s. 104(1).]
81J. Application of this Part
This Part applies solely to Crown land.
[Section 81J inserted by No. 31 of 1997 s. 104(1).]
81K. Terms used
In this Part, unless the contrary intention appears —
approved form means form approved under section 278 of the Land Administration Act 1997;
Commissioner means Commissioner of Titles referred to in section 5 or Deputy Commissioner of Titles referred to in section 6;
management order has the same meaning as it has in the Land Administration Act 1997;
repealed Act has the same meaning as it has in the Land Administration Act 1997;
transitional period has the same meaning as it has in the Land Administration Act 1997.
[Section 81K inserted by No. 31 of 1997 s. 104(1).]
81L. Creation and registration of certificates of Crown land title and qualified certificates of Crown land title
On receiving from the Minister for Lands an application requesting him to do so in respect of a parcel of Crown land, the Registrar shall create and register a certificate of Crown land title or a qualified certificate of Crown land title in an approved form for that parcel and may endorse on the certificate of Crown land title or qualified certificate of Crown land title such particulars of any dealing as he considers appropriate.
[Section 81L inserted by No. 31 of 1997 s. 104(1).]
81M. Lodging etc. of management orders
(1) An instrument which is a management order within the meaning of the Land Administration Act 1997 may be lodged with the Registrar in duplicate.
(2) The Registrar shall, when he has registered a management order in duplicate, forward the duplicate copy of the management order to the management body to which the management order relates.
[Section 81M inserted by No. 31 of 1997 s. 104(1).]
81N. Crown surveys