Part 3 Crown lands and lands acquired from the Crown to be subject to the Act
(1) For the purposes only of this Part, perpetual lease from the Crown includes a homestead selection under the Crown Lands Acts.(2) This Part applies to land:(a) sold, leased, dedicated, reserved or otherwise disposed of or dealt with,(b) in the course of being sold, leased, dedicated, reserved or otherwise disposed of or dealt with, or(c) capable of being sold, leased, dedicated, reserved or otherwise disposed of or dealt with,by or on behalf of the Crown under the Crown Lands Acts (as defined in the Crown Lands Act 1989) or under any of the Acts specified in Schedule 2, being land in respect of which a grant has not issued and which, unless the context otherwise indicates or requires, is not under the provisions of this Act.
13A Bringing of purchases etc of Crown land under Act
(1) Where a person has an estate in fee simple in land to which this Part applies (not being a homestead selection under the Crown Lands Acts), the Registrar-General may, by creating a folio of the Register in the name of the person who, in the opinion of the Registrar-General, is entitled to be the registered proprietor of the land, bring the land under the provisions of this Act.(2) The Registrar-General shall, in accordance with subsection (1), bring land referred to in that subsection under the provisions of this Act if the Registrar-General is satisfied that:(a) the purchase money (if any) and all other money payable to the Crown in respect of the land have been paid, and(b) where the land was sold or otherwise disposed of subject to conditions, those conditions have been performed or complied with, as the case may be.(3) For the purposes of subsection (2) (b), the conditions subject to which the land referred to in that paragraph was sold or otherwise disposed of shall be deemed to have been performed or complied with, as the case may be, if:(a) where the land is not within an irrigation area, the Minister authorised to sell or otherwise dispose of the land on behalf of the Crown (or a person authorised by the Minister for the purposes of this subsection), or(b) where the land is within an irrigation area, the Water Administration Ministerial Corporation,has advised the Registrar-General that the Minister (or the person authorised by the Minister) or the Corporation is satisfied that those conditions have been sufficiently performed or complied with, as the case may be.
13B Bringing of perpetual leases of Crown land under Act
(1) Where land to which this Part applies is held under perpetual lease from the Crown, the Registrar-General may, by creating a folio of the Register in the name of the person who, in the opinion of the Registrar-General, is entitled to be the registered proprietor of the perpetual lease from the Crown, bring the land under the provisions of this Act.(2) The Registrar-General shall, in accordance with subsection (1), bring under the provisions of this Act land referred to in that subsection which:(a) is not part of a lease the other part of which is held for a specified term, and(b) is not the subject of a lease under the Western Lands Act 1901,if the Registrar-General is satisfied that:(c) all money due to the Crown in respect of the land has been paid, and(d) where the land was leased subject to conditions, those conditions have been performed or complied with, as the case may be.(3) For the purposes of subsection (2) (d), the conditions subject to which the land referred to in that paragraph was leased shall be deemed to have been performed or complied with, as the case may be, if:(a) where the land is not within an irrigation area, the Minister authorised to lease the land on behalf of the Crown (or a person authorised by the Minister for the purposes of this subsection), or(b) where the land is within an irrigation area, the Water Administration Ministerial Corporation,has advised the Registrar-General that the Minister (or the person authorised by the Minister) or the Corporation is satisfied that those conditions have been sufficiently performed or complied with, as the case may be.
13C Lodgment of instruments of lease for cancellation
Where:(a) land to which this Part applies is, after the commencement of Schedule 1 to the Real Property (Crown Land Titles) Amendment Act 1980, brought, or to be brought, under the provisions of this Act, and(b) an instrument of lease has been issued in respect of that land,the Registrar-General may require the instrument to be lodged with the Registrar-General for cancellation.
13D Bringing of other Crown land under Act
(1) The Registrar-General may bring under the provisions of this Act any land to which this Part applies (not being land referred to in section 13A (1) or 13B (1)) by creating a folio of the Register recording “The State of New South Wales” as the proprietor of the land.(2) Where the Registrar-General creates a folio of the Register in respect of land to which subsection (1) applies, the Registrar-General may record in that folio such particulars relating to any dedication, reservation, lease, licence, permit, occupancy or other matter affecting that land from time to time as the Registrar-General considers appropriate.(3) The Registrar-General may, in respect of a lease the particulars of which are recorded in a folio of the Register pursuant to subsection (2), create a folio of the Register in the name of the person who, in the Registrar-General’s opinion, is entitled to be the registered proprietor of the lease.
13E Death of person before creation of folio
Where a person is or was, in the opinion of the Registrar-General, entitled to be the registered proprietor of land to which this Part applies and that person dies before a folio of the Register is created in respect of the land:(a) a folio of the Register may be created in the name of that person, and(b) the land the subject of the folio shall devolve as if the folio had been created immediately before the death of that person.
13F Treatment of instruments not in approved form
(1) In this section, prescribed instrument means a mortgage, charge or covenant charge:(a) that affects land not subject to the provisions of this Act, and(b) that has been registered in the General Register of Deeds kept pursuant to Division 1 of Part 23 of the Conveyancing Act 1919 or, in the case of a covenant charge, in the Register of Causes, Writs and Orders kept pursuant to that Act, and(c) the existence of which is disclosed in the records of land tenures or holdings kept by the Department of Lands, the Western Lands Commissioner, the Department of Agriculture and Fisheries or the Water Administration Ministerial Corporation, and(d) that, in the opinion of the Registrar-General, could have been registered under the provisions of this Act as a mortgage, charge or covenant charge if, at the time of its execution, the land it affects had been subject to the provisions of this Act and the instrument had been drawn in a form approved by the Registrar-General.(2) When land to which this Part applies and which is affected by a prescribed instrument is brought under the provisions of this Act by the creation of a folio of the Register for the estate or interest of a person other than the mortgagee, chargee or covenant chargee entitled under the instrument:(a) the Registrar-General may record the instrument in the Register in such manner as the Registrar-General considers appropriate, and(b) the mortgagee, chargee or covenant chargee, as the case may be, named in the recording is to be taken to be registered under the provisions of this Act as proprietor of a mortgage, charge or covenant charge registered under this Act in respect of the land, and(c) a person who, by the operation of paragraph (b), is to be taken to be a registered proprietor of a mortgage, charge or covenant charge is entitled to exercise the same rights, powers and remedies as if the mortgage, charge or covenant charge had been drawn in the approved form and registered in the manner provided by this Act.(3) Nothing in this section requires the Registrar-General, when bringing land under the provisions of this Act, to create a folio of the Register for the estate or interest of a mortgagor, charger or covenant charger.
(1) Where a folio of the Register has been created, whether before or after the commencement of Schedule 1 to the Real Property (Crown Land Titles) Amendment Act 1980, in respect of land to which this Part applies, the Registrar-General may record in the folio, and upon any certificate of title issued in respect of the land comprised in the folio, such particulars of, or such references to:(a) any covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions (including the provisions of an Act or an instrument made under an Act) attaching or applying to the land,(b) the purpose, if any, for which the land was disposed of, and(c) any variation, alteration, modification or revocation of, or addition to, a matter recorded pursuant to paragraph (a) or (b),as the Registrar-General considers appropriate, and may cancel or remove any such recording.(2) The provisions of subsection (1) apply in addition to and not in derogation of any provisions of this or any other Act.(3) Notwithstanding that under a provision of this or any other Act any covenant, condition, term, reservation, exception, exemption, restriction or provision (including a provision of an Act or an instrument made under an Act) to which land to which this Part applies is subject is required to be, or may be, set forth in a folio of the Register created, or upon a certificate of title issued, in respect of that land, it shall be sufficient compliance with that provision if:(a) the covenant, condition, term, reservation, exception, exemption, restriction or provision is set out in a public document, and(b) the folio of the Register or the certificate of title, as the case may be, specifies that it is subject to the covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions set out in that document.(4) For the purposes of this or any other Act, where a folio of the Register or a certificate of title specifies that the land to which it relates is subject to covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions set out in a specified public document, those covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions shall be deemed to be set out at length in the folio or certificate.(5) In subsections (3) and (4), public document includes a memorandum which has been distinctively numbered and filed in the office of the Registrar-General.(6) A memorandum referred to in subsection (5) shall, for the purposes only of section 96B, be deemed to be part of the Register.
13H Land that becomes Crown land
(1) Where the Registrar-General becomes aware that land (whether it is land to which this Part applies or not) comprised in a folio of the Register has become Crown land within the meaning of the Crown Lands Act 1989, the Registrar-General shall make such recordings in the Register as the Registrar-General considers appropriate and may cancel, or make such recordings as the Registrar-General considers appropriate upon, any relevant certificate of title or duplicate registered dealing when it becomes available to the Registrar-General.(2) Without limiting the generality of subsection (1), the Registrar-General may record “The State of New South Wales” as the registered proprietor of land referred to in that subsection if it is not already so recorded.(3) The Registrar-General may by notice in writing, require a person who is in possession of a certificate of title or duplicate registered dealing evidencing title to an estate or interest in land referred to in subsection (1) to deliver up the certificate or dealing for cancellation or notation, as the case may require, within a period specified in the notice.(4) Where a certificate of title or duplicate registered dealing is not delivered up to the Registrar-General for cancellation or notation as required by a notice given under subsection (3):(a) the certificate of title or duplicate registered dealing, as the case may be, shall be deemed to be wrongfully retained within the meaning of section 136, and(b) the notice shall be deemed to be a notice referred to in section 136 (1).
The revocation of any dedication or reservation of land, or the cancellation or revocation of any Crown grant of land, in respect of which a folio of the Register has been created (whether before or after the commencement of Schedule 1 to the Real Property (Crown Land Titles) Amendment Act 1980) shall not effect a cancellation of the folio of the Register.
13J Estate in land where the State is recorded as proprietor
Where “The State of New South Wales” is recorded as the registered proprietor of land in accordance with this Act, the estate to which that recording relates is an estate in fee simple.
13K Conversions, purchases, extensions of term, subdivisions etc
(1) Where a holding comprising land to which this Part applies is subject to the provisions of this Act and the following action is taken in regard to the holding:(a) it is converted in whole or in part into another class of holding,(b) being a leasehold tenure, the purchase from the Crown of the whole or a part of it is confirmed, approved or granted,(c) being a leasehold tenure, its term is extended as to the whole or a part thereof,(d) it is subdivided,(e) land is added to, included in or withdrawn from it,(f) land comprised in it is exchanged for other land,(g) (Repealed)(h) it is otherwise dealt with (except by way of a dealing registrable under this Act),the Registrar-General may create such folios of, and make such recordings in, the Register as, in the Registrar-General’s opinion, are appropriate to give effect to that action.(2) Any folio of the Register created in respect of land in pursuance of this section shall be in the name of the person who, in the opinion of the Registrar-General, is entitled to be the registered proprietor of the land.(2A) If, in connection with the sale of Crown land under Part 4 of the Crown Lands Act 1989 or the grant of an application to purchase land that is the subject of a holding within the meaning of the Crown Lands (Continued Tenures) Act 1989, the Minister administering the Crown Lands Act 1989 imposes a restriction on use or public positive covenant under Part 4A of that Act, the Registrar-General is to record the restriction on use or covenant in the relevant folio of the Register before taking any action to give effect to the sale or purchase.(3) Without limiting the generality of any other provision of this or any other Act, where:(a) a folio of the Register has been created in respect of land to which this Part applies,(b) an interest affecting the land is recorded in the folio, and(c) a new folio of the Register is created as referred to in this section in respect of the land,the creation of the new folio shall not affect the interest and the interest shall, to the extent that it is applicable to the land:(d) continue to exist in relation to the land in respect of which the new folio has been created in the same way as it existed in relation to the land in respect of which the firstmentioned folio was created, and(e) be recorded by the Registrar-General in the new folio.(4) In subsection (3), interest includes mortgage, easement, profit à prendre, restriction as to user, lease, caveat and writ.(5) Where it appears to the Registrar-General that the legal estate in land in respect of which a new folio of the Register is to be created as referred to in this section is vested in a mortgagee, the Registrar-General may record as the registered proprietor in the new folio the mortgagee or the mortgagor of the land.(6) (Repealed)
13KA Treatment of instruments affecting land dealt with under section 13K
(1) In this section, prescribed instrument means a mortgage, charge or covenant charge:(a) that affects land in respect of which a new folio of the Register is created pursuant to section 13K, and(b) that has been registered in the General Register of Deeds kept pursuant to Division 1 of Part 23 of the Conveyancing Act 1919 or, in the case of a covenant charge, in the Register of Causes, Writs and Orders kept pursuant to that Act, and(c) the existence of which is disclosed in the records of land tenures or holdings kept by the Department of Lands, the Western Lands Commissioner, the Department of Agriculture and Fisheries or the Water Administration Ministerial Corporation, and(d) that, in the opinion of the Registrar-General, could have been registered under the provisions of this Act as a mortgage, charge or covenant charge if the instrument had been drawn in a form approved by the Registrar-General.(2) When a new folio of the Register is created pursuant to section 13K for land that is affected by a prescribed instrument and the folio is created for the estate or interest of a person other than the mortgagee, chargee or covenant chargee entitled under the instrument:(a) the Registrar-General may record the instrument in the Register in such manner as the Registrar-General considers appropriate, and(b) the mortgagee, chargee or covenant chargee, as the case may be, named in the recording is to be taken to be registered under the provisions of this Act as proprietor of a mortgage, charge or covenant charge registered under this Act in respect of the land, and(c) a person who, by the operation of paragraph (b), is to be taken to be a registered proprietor of a mortgage, charge or covenant charge is entitled to exercise the same rights, powers and remedies as if the mortgage, charge or covenant charge had been drawn in the approved form and registered in the manner provided by this Act.(3) Nothing in this section requires the Registrar-General to create a folio of the Register for the estate or interest of a mortgagor, charger or covenant charger.
13L Execution of instruments in respect of land to which this Part applies
(1) Where:(a) land to which this Part applies has been brought under the provisions of this Act,(b) “The State of New South Wales” is recorded as the registered proprietor of the land, and(c) the land is to be transferred or otherwise dealt with,any instrument required to effect the transfer or dealing or required in connection with the administration of any resulting interest may be executed by:(d) the Minister or Ministerial Corporation authorised to sell or otherwise deal with the land on behalf of the Crown (or a person authorised by the Minister or Corporation for the purposes of this section).(e) (Repealed)(2) Any instrument executed by a Minister or the Ministerial Corporation as referred to in subsection (1) may be expressed to be executed on behalf of “The State of New South Wales”, with or without reference to the Crown.(3) An instrument referred to in subsection (2) which is expressed to be executed on behalf of “The State of New South Wales”, with or without reference to the Crown, shall be deemed to have been executed on behalf of the Crown.
13M Registration of instruments executed before creation of folio
(1) The Registrar-General may record in a folio of the Register created for the purpose of bringing land referred to in section 13A or 13B under the provisions of this Act any transfer (other than a transfer by way of mortgage) or any mortgage, charge or covenant charge that affects the land if the transfer, mortgage, charge or covenant charge:(a) was executed, before the creation of the folio, by the registered proprietor for the time being recorded therein,(b) is in a form that is, in the opinion of the Registrar-General, an appropriate form for the transfer, mortgage or charging, as the case may be, of the land before its being brought under the provisions of this Act, and(c) is presented to the Registrar-General within 5 years next after the creation of the folio.(2) Section 13F applies to a recording of a mortgage, charge or covenant charge made pursuant to subsection (1) notwithstanding that the existence of the mortgage, charge or covenant charge is not disclosed in the records of land tenures or holdings kept by the Department of Lands, the Western Lands Commissioner or the Water Administration Ministerial Corporation.
13N Restriction on creation of folios
The Registrar-General shall not create a folio of the Register under this Part if, in the opinion of the Registrar-General, further survey definition is necessary adequately to define the boundaries of the land.