Division 1 General Register of Deeds
A reference in this Division to a registration copy of an instrument is a reference to a copy of the original instrument that is made or provided as prescribed by the regulations.
184B Application of Division to certain instruments
(1) Without affecting anything in the Real Property Act 1900, and subject to subsection (2), an instrument which is registered or required to be registered under the provisions of the Real Property Act 1900 may be registered under this Division, unless it is an instrument that is registrable under the Real Property Act 1900 and relates only to land under that Act.(2) Section 184G does not apply to an instrument registered, or required to be registered, under the Real Property Act 1900.
184C General Register of Deeds
(1) The Registrar-General shall cause a General Register of Deeds to be maintained for the purposes of this Division.(2) The General Register of Deeds shall be comprised of:(a) the General Register of Deeds kept pursuant to the Registration of Deeds Act 1897,(b) registration copies of instruments registered under this Division,(c) instruments of a prescribed class,(d) records required by the regulations to be kept as part of the General Register of Deeds,(e) a record of registrations made under Division 2 after the amendment of that Division by the Conveyancing (Amendment) Act 1992,(f) a record of registrations of resumptions and rescissions of resumptions made under section 196A after the amendment of that section by the Conveyancing (Amendment) Act 1992,(g) instruments that were registered under the Liens on Crops and Wool and Stock Mortgages Act 1898 after the commencement of the Liens on Crops and Wool and Stock Mortgages (Amendment) Act 1992,(h) instruments that were registered under the Bills of Sale Act 1898 after the commencement of the Bills of Sale (Amendment) Act 1992, and(h1) instruments that were registered under the Security Interests in Goods Act 2005 (including instruments granting agricultural goods mortgages),(i) memoranda of covenants registered under Division 5 of Part 6.(2A) The General Register of Deeds is also comprised of:(a) entries under Division 2 that constituted the register of causes, writs and orders affecting land immediately before the amendment of that Division by the Conveyancing (Amendment) Act 1992,(b) recordings of resumptions, and of rescissions of resumptions, that constituted the Register of Resumptions under section 196A immediately before the amendment of that section by the Conveyancing (Amendment) Act 1992,(c) each register kept for the purposes of a provision of the Liens on Crops and Wool and Stock Mortgages Act 1898 immediately before the amendment of the provision by the Liens on Crops and Wool and Stock Mortgages (Amendment) Act 1992, and(d) each filing, recording or registration that, immediately before the repeal or amendment of a provision of the Bills of Sale Act 1898 by the Bills of Sale (Amendment) Act 1992, was a filing, recording or registration for the purposes of the provision.(3) The General Register of Deeds may be maintained in or upon any medium or combination of mediums capable of having information recorded in or upon it or them.(4) The Registrar-General may, from time to time, vary the manner or form in which the whole or any part of the General Register of Deeds is maintained.
184D Registration of instruments
(1) The Registrar-General may receive and register any instrument whatever, whether affecting or relating to land or not, unless the instrument is registrable under the Real Property Act 1900 and relates only to land under that Act.(2) Except as provided by this Act or any other Act, registration of an instrument under this Division has effect for the purposes of record only.(3) The Registrar-General may:(a) refuse to accept an instrument for registration in the General Register of Deeds, or(b) refuse to register an instrument in the General Register of Deeds, or(c) reject an instrument lodged for registration in the General Register of Deeds,if the instrument is not accompanied by a certificate that is in an approved form setting out particulars of or relating to the instrument and that is signed as prescribed.(4) A person who signs such a certificate knowing that it is false or misleading in a material particular is guilty of an offence.Maximum penalty: 10 penalty units.
(5) Liability for, or recovery of, a penalty under this section does not preclude the recovery of damages in an action based on a false or misleading certificate signed for the purposes of this section.(6) The Registrar-General is not required to be satisfied as to the accuracy of a certificate provided under this section, except to the extent of ensuring that it appears on its face to comply with the requirements of this section.(7) Proceedings for an offence under this section are to be taken before the Local Court.(8) The Registrar-General may refuse to register in the General Register of Deeds an instrument that relates only to a change of name of any person, unless the applicant for registration satisfies the Registrar-General that good cause exists why the instrument should be so registered rather than dealt with under the Births, Deaths and Marriages Registration Act 1995.
(1) Registration of an instrument in the General Register of Deeds after the commencement of the Conveyancing (Amendment) Act 1992 is effected by the Registrar-General allocating a distinctive reference to the instrument in accordance with the regulations in order to signify registration of the instrument. This subsection does not apply to a trader’s bill of sale.(1A)–(3) (Repealed)(4) The Registrar-General may refuse to register an instrument in the General Register of Deeds if:(a) the original instrument or registration copy does not comply with any relevant provision of this Division or with any relevant requirement prescribed by the regulations, or(b) any other relevant requirements prescribed by the regulations in relation to the registration of instruments under this Division are not complied with.(4A) If an instrument purports to vest an estate or interest in land, or to effect a change in the name of a person in whom an estate or interest in land is vested, the Registrar-General may:(a) refuse to accept the instrument for registration in the General Register of Deeds, or(b) refuse to register the instrument in the General Register of Deeds, or(c) reject the instrument if it is lodged for registration in the General Register of Deeds,if the instrument is not accompanied by a fully completed notice in the approved form.(5) Instruments (other than traders’ bills of sale) are registered under this Division in the order in which the distinctive references referred to in subsection (1) are allocated to the instruments.(6) Notwithstanding subsection (5), instruments registered under the Registration of Deeds Act 1897 shall be taken to have been registered in the order determined by reference to the time endorsed on the copy pursuant to that Act.(7) (Repealed)(8) Except in so far as the context or subject-matter otherwise indicates or requires, a reference (however expressed) in this or any other Act, in any instrument made under this or any other Act or in any other instrument of any kind, to registration in, or an instrument registered in, the General Register of Deeds shall be read and construed as, or as including, a reference to registration under, or an instrument registered under, this Division.
(1) The Registrar-General may destroy a document forming part of the General Register of Deeds unless this section prohibits its destruction.(2) The Registrar-General is not to destroy such a document if under a duty to deliver or issue it to any person.(3) Instead of destroying such a document, the Registrar-General may deliver it to a person who, in the opinion of the Registrar-General, intends to preserve it for historical reasons.(4) The Registrar-General is not to destroy or dispose of a document under this section unless a copy of the document is captured and retained by the Registrar-General in a manner that enables the document to be reproduced.(5) The Registrar-General is to retain each document that forms part of the General Register of Deeds and is not destroyed or disposed of under this section.(6) This section does not authorise a failure to comply with, or a contravention of, any Act or other law and does not prevent the destruction of a document under the authority of an Act other than this Act.(7) In this section, a reference to a document includes a reference to any certificate referred to in section 184D that is on, or accompanies, the document.
184G Instruments affecting land to take effect according to priority of registration
(1) All instruments (wills excepted) affecting, or intended to affect, any lands in New South Wales which are executed or made bona fide, and for valuable consideration, and are duly registered under the provisions of this Division, the Registration of Deeds Act 1897, or any Act repealed by the Registration of Deeds Act 1897, shall have and take priority not according to their respective dates but according to the priority of the registration thereof only.(2) No instrument registered under the provisions of this Division or the Registration of Deeds Act 1897 shall lose any priority to which it would be entitled by virtue of registration thereunder by reason only of bad faith in the conveying party, if the party beneficially taking under the instrument acted bona fide, and there was valuable consideration given therefor.(3) In the case of an instrument that affects, or intends to affect, both land and an access licence under the Water Management Act 2000:(a) this section has effect in relation to the instrument to the extent to which the instrument affects, or intends to affect, the land, and(b) section 83A of the Water Management Act 2000 has effect to the extent to which the instrument affects, or intends to affect, the access licence.
No registration of any instrument under this Division, or intended to be in pursuance of this Division, shall be defeated or made ineffectual by reason of any omission, misdescription or error in any case where the identity of the instrument in evidence with the one alleged to have been registered is established, and the substantial requirements of this Division and the regulations have been complied with.
(1) The Registrar-General may, subject to this section and upon such evidence as appears to the Registrar-General to be sufficient, correct errors and omissions in the General Register of Deeds.(2) This section does not authorise an alteration to be made to a registration copy of an original instrument except to bring the copy into conformity with the original instrument.(3) This section does not authorise an alteration to be made to an original instrument.(4) Where it appears to the Registrar-General that an alteration has been made to an original instrument after its registration under this Division, this section does not authorise an alteration to be made to the registration copy of the original instrument to bring the copy into conformity with the original instrument in that respect.
184J Provisions respecting certain Crown grants
Registration under this Division of a grant by the Crown of lands or other hereditaments in New South Wales alienated before 1 January 1863, which has not been already enrolled in the Supreme Court or recorded in the office of the Registrar-General shall have the same effect as if the grant had been recorded under section 6 (II) of the Registration of Deeds Act 1897, and that Act had not been repealed.
Division 2 Registration of causes, writs, and orders affecting land
186 Writs and orders under judgments or relating to legal proceedings
(1) There may be registered in the General Register of Deeds:(a) any writ or order affecting land issued or made by any court for the purpose of enforcing a judgment, order, statute, or recognisance, whether obtained on behalf of the Crown or otherwise including any order appointing a receiver or sequestrator of land, and(b) any current legal proceedings.(2) The registration of a writ, order, or current legal proceedings under this section shall cease to have effect at the expiration of five years from the date of the registration, but may be renewed in the prescribed manner from time to time, and if renewed shall have effect for five years from the date of the renewal.(3) Registration under this section shall not operate to extend the time for which the writ or order would remain in force if not so registered.(4) In this section, recognisance includes bail agreement within the meaning of Part 7A of the Bail Act 1978.
There may also be registered in the General Register of Deeds in the prescribed manner:(a) any order affecting the title to land, or restricting the right of dealing with or the use of land or any buildings thereon or creating a charge over land, made by any court,(b) any charge upon land (not being in respect of a rate or tax) imposed by or under the provisions of any Act of Parliament for securing to any person either the moneys spent by the person (with or without interest) or the costs, charges, and expenses incurred by the person under such Act, or the moneys advanced by the person (with or without interest) for repaying the moneys spent and the costs, charges, and expenses incurred by any other person or the Crown under the authority of an Act of Parliament, and(c) any order, award, determination, or notification made under the provisions of any Act of Parliament of the State or Commonwealth by any local or other authority restricting the right of dealing with land or the use of land, or any buildings thereon, or prescribing any act to be done thereon or in relation thereto.
188 Protection of purchasers against non-registered writs etc
(1) Every such writ issued or renewed, and every such order, award, determination, notification, or charge, and every proceeding thereunder, shall be void against, and current legal proceedings shall not bind a person who becomes a purchaser of the land affected thereby without notice of the writ, order, award, determination, notification, charge, or current legal proceedings unless the same is registered in the General Register of Deeds so that such registration has effect at the time of the purchase, and is so indexed that the purchaser ought reasonably to have found the entry on search.(2) No purchaser shall be affected with notice of any such writ, order, award, determination, notification, charge, or any proceeding thereunder or of any current legal proceedings by reason of omission to make any inquiry or any search other than search in the General Register of Deeds.(3) This section does not apply, and shall be deemed never to have applied, in respect of land under the provisions of the Real Property Act 1900.
189 Judgments not to be a charge on land until writ or order registered
(1) No judgment, statute, or recognisance, whether obtained or entered into on behalf of the Crown or otherwise, and whether obtained or entered into before or after the commencement of this Act, shall operate as a charge on land, or on the unpaid purchase money for any land, unless and until the writ or order for the purpose of enforcing it is registered in the General Register of Deeds.(2) This section shall apply to any inquisition finding a debt due to the Crown, and any obligation or specialty made to the Crown, and any acceptance of office from or under the Crown, whatever may have been its date in like manner as it applies to a judgment.(3) In this section, recognisance includes bail agreement within the meaning of Part 7A of the Bail Act 1978.
190 Charge on land to include expenses of registration
Any charge on land registered under this Division shall extend to and include the expenses of registration thereof.
190A Vacation of registration of causes, writs and orders
(1) The Registrar-General may vacate any registration made under this Division if the registration has expired or has otherwise ceased to have effect.(2) The Registrar-General may vacate such a registration whether it was made before, or is made after, the commencement of this section.(3) Application for vacation of a registration under this Division is to be made as prescribed and is to be accompanied by such evidence, if any, as the Registrar-General may require.
191 Application of Division to land under Real Property Act 1900
(1) The provisions of this Division shall in the case of land under the provisions of the Real Property Act 1900 extend only to such orders, awards, determinations, notifications, and charges as would be effective against the land without any recording in the Register kept under that Act.(2) No current legal proceedings or registration of current legal proceedings shall affect or be deemed to have affected the right of any person to obtain the registration of any dealing under the Real Property Act 1900, or shall deprive or be deemed to have deprived any person dealing under that Act of the benefit of section 43 or of any other section of the Act.
192 Writs, orders etc to which Division applies
(1) This Division, except where otherwise expressly provided, applies only to writs issued or renewed, or orders, awards, determinations, notifications and charges made or brought into effect after the commencement of this Act.(2) A reference in any other Act or other instrument to entry in, or to registration in, the register of causes, writs and orders affecting land, however expressed, is taken to be a reference to registration in the General Register of Deeds.
193 Legal proceedings to which Division applies
This Division applies to all legal proceedings in existence at, or coming into existence after the commencement of this Act.
This Division shall apply to and bind the Crown.
(1) In this Division:miscellaneous plan means a plan that shows one or more of the following matters:
(a) the site of an interest in land in the nature of an easement, profit à prendre or restrictive or positive covenant, being an interest that is to be created, by some other instrument, after the plan is registered,(b) survey information in relation to land the subject of some other plan,(c) such other matters relating to land as are prescribed by the regulations,but does not include a plan of subdivision, a plan of consolidation or a plan of identification.plan of consolidation means a plan that shows the consolidation of 2 or more existing lots into a single lot, where there is no simultaneous redivision of them into 2 or more new lots, whether or not the plan also shows one or more of the matters referred to in paragraph (a), (b) or (c) of the definition of miscellaneous plan.
plan of identification means:
(a) a plan supporting a primary application to bring one or more existing lots under the provisions of the Real Property Act 1900, including a surround plan (being a plan that defines the external boundaries of a number of existing lots but merely refers to the existence of, and does not define the boundaries between, those lots), or(b) a redefinition plan (being a plan that redefines the boundaries between the lots referred to in a surround plan along the same general lines as those that defined the boundaries between those lots immediately before they were brought under the provisions of the Real Property Act 1900, as referred to in paragraph (a)), or(c) a delimitation plan (being a plan prepared for the purposes of section 28V of the Real Property Act 1900), or(d) a plan that is registered for the purpose of showing the boundaries of land for which a folio of the Register kept under the Real Property Act 1900 has been created as a result of the correction of a misdescription of land, or(e) a plan redefining the boundaries of an existing lot, or(f) a plan defining the boundaries of land that has been acquired by compulsory process, or the boundaries of the residue of an existing lot of which part has been so acquired, or(g) a plan defining the boundaries of land that has been dedicated as a public road by means of a notice referred to in section 10, 11 or 12, or a proclamation referred to in section 13, of the Roads Act 1993, or the boundaries of the residue of an existing lot of which part has been so dedicated, or(h) a plan supporting a transaction or proposed transaction referred to in section 23G, or(i) a plan of a kind prescribed by the regulations for the purposes of this definition,whether or not the plan also shows one or more of the matters referred to in paragraph (a), (b) or (c) of the definition of miscellaneous plan.plan of subdivision means a plan that shows:
(a) the division of an existing lot into 2 or more new lots, or(b) the consolidation of 2 or more existing lots and their simultaneous redivision, along new boundaries, into 2 or more new lots, or(c) the dedication of an existing lot as a public road under section 9 of the Roads Act 1993 or as a public reserve under section 49 of the Local Government Act 1993, or(d) the setting aside of an existing lot as a drainage reserve under section 49 of the Local Government Act 1993,whether or not the plan also shows one or more of the matters referred to in paragraph (a), (b) or (c) of the definition of miscellaneous plan, and includes a plan of subdivision for lease purposes (within the meaning of Division 3B or 3C of Part 2) and any other plan that shows the division of land, but does not include a plan of consolidation or a plan of identification.signature of a person includes, in relation to a corporation, the seal of the corporation.
subdivision certificate means a subdivision certificate issued under Part 4A of the Environmental Planning and Assessment Act 1979.
(2) In this Division, a reference to a plan includes a reference to:(a) a community plan, a community plan of consolidation or a community plan of subdivision, or(b) a neighbourhood plan, a neighbourhood plan of consolidation or a neighbourhood plan of subdivision, or(c) a precinct plan, a precinct plan of consolidation or a precinct plan of subdivision,within the meaning of the Community Land Development Act 1989, but does not include a reference to a strata plan, a strata plan of consolidation or a strata plan of subdivision within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.
(1) The e-plan system established by this section enables an approved person and, subject to the terms of the approval, persons authorised by the approved person, to lodge plans and other documents electronically for registration, recording or other purposes under this or a related Act. Plans and other documents may be so lodged without the need for them to be physically produced, but only in accordance with arrangements made under this section.(2) Other persons may not use the e-plan system, and may not lodge plans or other documents electronically for those purposes, without the consent of the Registrar-General.(3) A person may apply to the Registrar-General in the approved form for approval to use the e-plan system.(4) The Registrar-General may approve or refuse an application.(5) If the Registrar-General approves an application, the Registrar-General is to specify the terms of the approval, the way in which the e-plan system is to be accessed, the date on which the approval commences and, if appropriate, the plans and other documents to which the approval applies.(6) A person whose application is approved is, while the approval remains in force, an approved person for the purposes of this section.(7) An approval may be amended at any time:(a) by agreement between the Registrar-General and the approved person, or(b) by written notice given by the Registrar-General to the approved person.(8) An approval remains in force until it is cancelled by the Registrar-General or until the approved person surrenders it.(9) The Registrar-General may decline to grant and may, at any time and without prior notice, cancel an approval for any reason considered sufficient by the Registrar-General. The Registrar-General is to give written notice of refusal or cancellation of an approval.(10) The following are related Acts for the purposes of this section:
195A Lodgment of plans and related documents with Registrar-General
(1) Where a plan of the division of land is required by law to be registered, that plan shall, unless the contrary intention appears, be lodged in the office of the Registrar-General for registration under this Division. The plan must be lodged with a separate document in the approved form relating to the plan.(2) Any person who effects or intends to make a lawful division of land, a plan of which is not required by law to be registered, may lodge in the office of the Registrar-General a plan of the division of the land for registration under this Division.(3) The Registrar-General may accept lodgment of a plan, other than a plan referred to in subsection (1) or (2), whether or not it complies with section 195C.
195B Refusal to accept lodgment
The Registrar-General may refuse to accept lodgment of:(a) a plan of land under the provisions of the Real Property Act 1900 that, in the Registrar-General’s opinion, illustrates without material change a lot shown in a current plan, or(b) a plan of land not under the provisions of the Real Property Act 1900, unless it is a plan of the division of land or is lodged for the purposes of a primary application under that Act, or(c) a plan which does not comply with a requirement made with respect to the plan by or under this or any other Act.
195C Form and certification of plans
(1) A plan lodged under this Division shall:(a) be prepared in the prescribed manner,(b) contain all prescribed particulars,(c) be certified, in the form prescribed under the Surveying and Spatial Information Act 2002 that has been endorsed in accordance with the regulations under this Act, by a surveyor registered under that Act, unless the Registrar-General dispenses with the certificate, and(d) contain a statement showing:(i) which roads (if any) shown on the plan are intended to be dedicated to the public, and(ii) whether any public reserve or drainage reserve shown on the plan is intended to be created by registration of the plan, and(e) in the case of a plan of subdivision, be authorised by a subdivision certificate that has been endorsed in accordance with the regulations under this Act.(2) Subsection (1) (e) does not apply to a plan of subdivision that is filed or lodged by or on behalf of the Crown in right of the Commonwealth.
(1) The Registrar-General shall not register or record a plan lodged under this Division (other than a plan referred to in paragraph (b), (c) or (d) of the definition of Registered plan in section 7 (1)) which, if it were registered or recorded in the office of the Registrar-General, would become a current plan, or which bears a statement of intention:(a) to dedicate specified land as a public road (including a temporary public road) under section 9 of the Roads Act 1993,(b) to dedicate land as a public reserve or to set land aside as a drainage reserve under section 49 of the Local Government Act 1993,(c) (Repealed)(d) to create an easement, a profit à prendre, a restriction on the use of land or a positive covenant, or to release an easement or profit à prendre, as referred to in section 88B (2),unless the separate document required to be lodged under section 195A with the plan is signed:(e) where the plan relates to land under the provisions of the Real Property Act 1900:(i) by the registered proprietor of the land, and(ii) by every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the folio of the Register kept under that Act relating to the land, or(f) where the plan relates to land which is not under the provisions of that Act, by the persons who appear to the Registrar-General, on consideration of the last registered deed relating to the land and of such further evidence as may be tendered to the Registrar-General, to be:(i) the owner of the land, and(ii) a mortgagee, incumbrancee or covenant chargee of the land.(2) Without limiting the effect of subsection (1), the Registrar-General may refuse to register or record a plan referred to in that subsection unless consents in writing to the registration or recording of the plan signed by (or by an agent authorised by) such of the following persons as the Registrar-General may determine:(a) where the plan relates to land under the provisions of the Real Property Act 1900:(i) the lessee under any lease, or the judgment creditor under any writ, recorded in the folio of the Register kept under that Act relating to the land,(ii) the caveator under a caveat affecting any estate or interest in that land, or(b) where the plan relates to land which is not under the provisions of that Act, the persons who appear to the Registrar-General, on consideration of the last registered deed relating to the land and of such further evidence as may be tendered to the Registrar-General, to be:are lodged in the office of the Registrar-General.(i) the lessee under any lease, or the judgment creditor under any writ, relating to that land, or(ii) a person having or claiming any other estate or interest in that land,(2A) (Repealed)(3) However, the Registrar-General may, without giving notice to any person, dispense with the requirement for a person mentioned in subsection (1) to sign an approved form relating to a particular plan if the plan is lodged for registration or recording as referred to in subsection (1).(3A) Without limiting the other provisions of this section, if a plan presented for lodgment under this Division purports to have been executed under a power of attorney, the Registrar-General may refuse:(a) to accept the plan for lodgment, or(b) to register or record the plan or take any other action in respect of it,unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003.(4) Nothing in this section affects or prejudices the enforcement by any person of any remedy which the person may have because of the registration or recording of a plan without the signature or consent in writing of any person having an estate or interest in the land to which the plan relates.(5) Where a remedy referred to in subsection (4) is an action in damages and:(a) the person against whom the remedy may be available ceases to be liable for the payment of damages, or(b) the person liable to pay damages has died, is bankrupt or insolvent or cannot be found within the jurisdiction,damages with costs may be recovered from the Consolidated Fund by action against such person as the Governor may appoint as nominal defendant.
195E Recording of plans which are not to be registered
(1) On lodgment of a type of plan which the Registrar-General is not by law required to register, the Registrar-General may record the plan and may do so in such manner as the Registrar-General thinks appropriate.(2) The Registrar-General may refuse to record and may reject a plan lodged pursuant to section 195A (3) or the lodgment of which might have been refused under section 195B even though the Registrar-General accepted lodgment of the plan.
195F Certain plans to be in registrable form
(1) The Registrar-General shall not register and may reject a plan lodged under this Division for registration if the Registrar-General is not satisfied that the plan is in registrable form.(2) For the purposes of subsection (1), a plan is not in registrable form if:(a) the plan does not comply with a requirement made with respect to the plan by or under this or any other Act, or(b) any boundary shown on the plan that existed before the plan was prepared is not correctly defined on the plan.
(1) Where the Registrar-General is satisfied that a plan lodged under section 195A (1) or (2) is in registrable form, the Registrar-General shall register the plan by affixing the Registrar-General’s seal to the plan or otherwise making a record of that seal with respect to the plan in such manner as the Registrar-General considers appropriate and, where land comprised in the plan is under the provisions of the Real Property Act 1900, may create such folios of the Register kept under that Act as the Registrar-General considers appropriate.(2) The Registrar-General may refuse to register and may reject a plan lodged under this Division and relating to land under the provisions of the Real Property Act 1900:(a) if any relevant grant or certificate of title has not been lodged for the purpose of enabling the plan to be registered, or(b) where the grant or certificate of title is already in the custody of the Registrar-General, if:(i) written notice has been given to such persons as the Registrar-General thinks fit of the Registrar-General’s intention to use the grant or certificate of title for the purpose of registering the plan, and(ii) any of those persons, within the time limited in the notice for the purpose, notifies the Registrar-General in writing of the person’s refusal to permit the grant or certificate of title to be so used.
195H Amendment or replacement of plans
(1) The Registrar-General may, on the application of any person with an interest in any land to which a plan registered or recorded under this Division relates, or without any such application, and on such evidence and after such notices (if any) as appear to the Registrar-General to be necessary, amend the plan for the purpose of correcting any error in or supplying any omission from the plan.(2) An amendment to a plan:(a) shall not render original words or symbols illegible,(b) shall bear the date of the amendment on the plan, and(c) shall be initialled by the Registrar-General or a person authorised by the Registrar-General.(3) Except as provided by subsection (4), an amendment shall take effect as if the error corrected or omission supplied had not been made.(4) An amendment made under the authority of this section does not affect the construction of any instrument made or entered into before the amendment so as to prejudice any person claiming under that instrument.(5) Instead of amending a registered plan that was lodged electronically, the Registrar-General may require a replacement plan that includes the amendments to be lodged electronically. Subsections (1)–(4) (subsection (2) (c) excepted) extend to an amendment included in any such replacement plan that is in electronic form.
195I Conveyance of land in plans
A conveyance of land comprised in a plan registered or recorded under this Division may be effected by reference to the plan.
195J Effect of registration or of rejection of plans
(1) The validity of:(a) a plan that has been registered under this Division, or(b) any instrument intended to affect or evidence the title to any land to which such a plan relates,may not be called into question in any proceedings before a court or tribunal on any ground whatever, including the ground that the requirements of this or any other Act or law have not been duly complied with in relation to the plan.(2) Where a plan lodged under this Division is rejected, the Registrar-General may retain all of the fees paid in respect of the plan or such proportion of those fees as the Registrar-General determines.
196 Presumptions relating to plans
(1) The Registrar-General is entitled to assume that a person who lodges a plan under this Division has authority from all persons having an interest in the land comprised in the plan:(a) to lodge the plan with the Registrar-General,(b) to withdraw the plan from registration or recording temporarily or permanently, to lodge a replacement plan or to give any receipt for the plan, and(c) to attend to all other matters which may arise in connection with the registration or recording of the plan.(2) Where:(a) a plan lodged or a consent given under this Division, or(b) an approved form for signatures authorising or consenting to the registration or recording of a plan under this Division,purports to have been signed under a power of attorney, or under any other power or authority (whether statutory or not), the Registrar-General may assume that the plan, consent or form was so signed and that there was sufficient power or authority for its being signed.(3) Where:(a) a seal purporting to be the seal of a corporation, whether sole or aggregate, purports to have been affixed to a plan lodged or a consent given under this Division, or to an approved form for signatures relating to the registration or recording of a plan under this Division, and(b) the affixing of the seal purports to have been attested by a person or persons holding office in the corporation or by a person or persons authorised to attest the affixing of the seal,the Registrar-General may assume:(c) that the seal and attestation are genuine and were lawfully affixed to, or subscribed on, the plan or consent, and(d) that the person or persons purporting to have attested the affixing of the seal had sufficient authority to attest the affixing of the seal in the capacity in which the person or persons purported to do so.(4) If a plan is registered or recorded under this Division by the Registrar-General, sufficient signatures and consents in writing are taken to have been provided for the purposes of this Division.(5) The Registrar-General is entitled to assume:(a) that a subdivision certificate that purports to have been endorsed on any plan or approved form for signatures for the purposes of this Division was duly issued and endorsed, and(b) that any signature or other matter that purports to have been endorsed on or provided in any plan or approved form for signatures for the purposes of this Division was duly endorsed or provided, and(c) that all conditions precedent to the issue or endorsement of the certificate, or the endorsement or provision of the signature or other matter, were duly complied with.
196AA Power of Registrar-General to serve notice of proposed action
(1) The Registrar-General may, before taking any action under this Division involving:(a) the registration or recording of a plan (including a plan on which any easement, profit à prendre, restriction or positive covenant is indicated in accordance with section 88B (2)), or(b) the amendment of any such plan,give notice of the proposed action to any person that the Registrar-General considers should be notified of it.(2) If the Registrar-General gives notice under this section, the Registrar-General:(a) may refuse to take the action until after the expiration of a period specified in the notice, and(b) may proceed to take the action at or after the expiration of the period so specified unless the Registrar-General is first served with, or with written notice of, an order of the Supreme Court restraining the Registrar-General from so doing.(3) If a person given notice under this section does not within the time limited by the notice serve on the Registrar-General or give the Registrar-General written notice of an order of the Supreme Court restraining the Registrar-General from taking the action, no action by that person or by any person claiming through or under that person may be instituted against the Registrar-General in respect of the taking of the action specified in the notice.(4) No action may be instituted against the Registrar-General for failure to give a notice under this section.
196AB Notice to produce electronic form plans and other documents
(1) As soon as is practicable after a written demand of the Registrar-General requiring its production is served on a person who has lodged a plan or other document in electronic form for the purposes of this Act, the person is required to produce to the Registrar-General:(a) an electronically formatted version or a hard copy version of the plan, as directed by the Registrar-General, or the original hard copy version of the other document, in each case as it was when the plan or other document was lodged electronically, and(b) in the case of a plan, the approved form for signatures on which the signatures, seals, certificates, consents or other approvals required to authenticate, or to authorise the registration or recording of, the plan were endorsed.(2) This section applies only to a written demand served:(a) in the case of a plan or other document lodged for the purpose of its being registered or recorded, while the plan or other document is so lodged, or(b) in the case of a plan or other document that has been lodged otherwise than for the purpose of its being registered or recorded, before the period prescribed by the regulations (or any shorter period agreed to by the Registrar-General) has expired after the plan or other document was lodged, or(c) in the case of a plan or other document that has been registered or recorded, before the period prescribed by the regulations (or any shorter period agreed to by the Registrar-General) has expired after the plan or other document has been registered or recorded.
Division 3A Registration of resumptions
196A Registration of resumptions
(1) In this section, resumption means the acquisition of land by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 or any other Act.(2) (Repealed)(3) Where land is resumed, the Crown or other authority by which the land is resumed shall forthwith:(a) where the resumed land is not under the provisions of the Real Property Act 1900—send to the Registrar-General notice on the prescribed form of the resumption, or(b) where the resumed land is under the provisions of the Real Property Act 1900, and the Registrar-General has not recorded the resumption in the Register kept under that Act—lodge with the Registrar-General a resumption application within the meaning of that Act.(3A) Where a resumption is rescinded, the Crown or other authority that rescinds the resumption shall forthwith lodge with the Registrar-General notice of the rescission that, in so far as the resumption rescinded related to land under the provisions of the Real Property Act 1900, is in the form approved by the Registrar-General under that Act.(4) Upon receipt of a notice of resumption of land that is not under the provisions of the Real Property Act 1900, or notice of rescission of such a resumption, the Registrar-General shall register the notice in the General Register of Deeds.(4A) Upon receipt of a notice of rescission of a resumption of land under the provisions of the Real Property Act 1900, the Registrar-General shall:(a) make, in the Register kept under that Act, such recordings, and(b) create such folios of that Register,as the Registrar-General considers appropriate.(4B) A reference in any Act or other instrument to entry in, or to registration in, the Register of Resumptions, however expressed, is taken to be a reference to registration in the General Register of Deeds.(5) With such modifications as may be necessary, this section applies to and in respect of the compulsory acquisition of land under an Act of the Parliament of the Commonwealth and so applies as if:(a) such an acquisition were a resumption, and(b) the words “shall forthwith” were omitted from subsections (3) and (3A) and the word “may” were inserted in lieu thereof.(6) This section applies only to resumptions (including resumptions under any Act of the Commonwealth) made after the commencement of the Conveyancing (Amendment) Act 1930.
Division 3B Provisions relating to stratum lots
This Division applies only to land under the provisions of the Real Property Act 1900.
In this Division and Schedules 8A and 8B:Australian Height Datum has the same meaning as it has in the Surveying and Spatial Information Act 2002.
development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
owner of a part of a building or a site means a person in whom is vested an estate in fee simple, recorded in a folio of the Register kept under the Real Property Act 1900, in the part of the building or the site.
plan of subdivision of a building means a plan of subdivision (within the meaning of Division 3) for a building or part of a building, being a plan of subdivision that contains a stratum lot.
registered building management statement means a building management statement registered under this Division.
stratum lot means a lot that is limited in height or depth (or both) by reference to Australian Height Datum or another datum approved by the Surveyor-General, but does not include a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.
196D Building management statement may be registered
The Registrar-General may register with a plan of subdivision of a building, or subsequently, a building management statement for the building and its site.
(1) A building management statement proposed to be registered under this Division and any amendment of a registered building management statement must be in the approved form.(2) A registered building management statement as in force from time to time must comply with Schedule 8A and that Schedule applies to any such statement.(3) The Registrar-General may register a building management statement and an amendment of a registered building management statement by making such recordings in the Register as the Registrar-General considers appropriate.(4) The Registrar-General may refuse to register a building management statement or an amendment of a registered building management statement if the application for registration fails to comply with any requirement made by this Act or the regulations or is not accompanied by the fee prescribed by the regulations.
196F Recording of information relating to building management statement
If a building management statement has been registered in accordance with this Division, the Registrar-General must record in the folio or folios of the Register relating to the lots concerned:(a) the existence of the statement and of any subsequent amendment of it that is registered from time to time, and(b) such information relating to the statement and any amendment of it as the Registrar-General considers appropriate.
196G Amendment of building management statement
(1) A registered building management statement may be amended only if:(a) each owner of a part of the building concerned or its site has consented to the amendment, or(b) the amendment is ordered under this or any other Act by a court, or(c) the amendment is consequential on the revocation or modification, under section 103 of the Environmental Planning and Assessment Act 1979, of a development consent.(2) An amendment of a registered building management statement does not have effect under this Division unless it is recorded in the folio or folios of the Register relating to the lot or lots concerned.
196H Signing of building management statement
(1) The Registrar-General may register a building management statement or any amendment of a registered building management statement only if the statement or amendment is:(a) signed by each owner of a part of the building concerned or its site, and(b) signed by every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in a folio of the Register kept under the Real Property Act 1900 relating to a part of the building or its site.(2) The Registrar-General may refuse to register a building management statement or an amendment of a registered building management statement unless there have been lodged in the office of the Registrar-General written consents to the registration of the statement or amendment signed by (or by an agent authorised by) such one or more of the following as the Registrar-General determines:(a) the lessee under any lease, or the judgment creditor under any writ, recorded in any folio of the Register affected by the statement or amendment,(b) the caveator under a caveat affecting any estate or interest recorded in any folio of the Register affected by the statement or amendment.(3) The Registrar-General may, in a particular case, dispense with the need to obtain any signature that would otherwise be required by or under this section without giving notice to any person.
196I Effect of building management statement
(1) A registered building management statement, as in force for the time being, has effect as an agreement under seal containing the covenants referred to in subsection (2) entered into by:(a) each owner for the time being of any part of the building or its site affected by the statement, and(b) any mortgagee in possession or lessee of any part of the building or its site affected by the statement.(2) The covenants referred to in this section are:(a) a covenant by which those persons jointly and severally agree to carry out their obligations under the building management statement as from time to time in force, and(b) a covenant by which those persons jointly and severally agree to permit the carrying out of those obligations.(3) The agreement ceases to have effect under this Division in relation to a person who is described in subsection (1) on that person ceasing to be a person so described.(4) Subsection (3) does not prejudice or affect any obligation that was incurred by a person, or any right that accrued to a person, under the agreement while the agreement was in force.(5) A registered building management statement has no effect to any extent to which it is inconsistent with:(a) any condition imposed, before the registration of the statement, on a development consent relating to the building to which the statement relates or its site, or(b) this or any other Act or any other law.(6) Except as may be provided otherwise by this Act or the regulations, a provision in any instrument under which the agreement is excluded, modified or restricted is void.(7) A covenant entered into under the agreement does not merge in a transfer of a lot.(8) Nothing in this section affects any right or remedy that a person may have under a building management statement apart from a right or remedy under this Division.
196J Effect of registration of strata management statement on building management statement
(1) A registered building management statement for a building ceases to have effect on the registration of a strata management statement for the building in accordance with Division 2B of Part 2 of the Strata Schemes (Freehold Development) Act 1973 or Division 5A of Part 2 of the Strata Schemes (Leasehold Development) Act 1986.(2) Subsection (1) does not prejudice or affect any obligation that was incurred by a person, or any right that accrued to a person, under the registered building management statement while it was in force.
196K Certain easements implied on registration of building management statement
(1) On registration under this Division of a building management statement for a building and its site there is implied (despite section 88):(a) as appurtenant to each of the lots that includes a part of the building, an easement for the subjacent and lateral support of that part by such other parts of the building as are capable of affording support, and(b) as affecting each of the lots that includes a part of the building, an easement for the subjacent and lateral support of such other parts of the building as are capable of enjoying support from that part, and(c) as appurtenant to each of the lots that includes a part of the building, an easement for the shelter of that part by all such other parts of the building as are capable of affording shelter, and(d) as affecting each of the lots that includes a part of the building, an easement for the shelter of such other parts of the building as are capable of being sheltered by that part.(2) All ancillary rights and obligations reasonably necessary to make easements effective apply in respect of an easement created by this section.(3) An easement for support or shelter created by this section entitles the owner of any lot benefited by the easement to enter the lot burdened by the easement to replace, renew or restore any support or shelter.(4) The Registrar-General must make in the Register such recordings in respect of the easements as the Registrar-General considers appropriate.
196L Effect of certain easements for access or services in buildings
(1) In this section:drainage includes the product of rain, a storm, soakage, a spring or seepage.
service means a water, sewerage, drainage, gas, electricity, oil, garbage, air conditioning or telephone, television or radio impulses, signals or data transmission service or any other service prescribed by the regulations.
(2) This section applies to an easement:(a) that gives a right of vehicular access or a right of personal access, or is an easement for a specified service, over or through or as appurtenant to a stratum lot that includes part of a building, and(b) that is created by an instrument on or after the registration of a building management statement for the building under this Division, and(c) the site of which is identified on a plan lodged in the office of the Registrar-General.(3) The rights and obligations conferred or imposed by an easement to which this section applies are as specified in Schedule 8B, except in so far as those rights or obligations may have been varied or negatived under this section or in the instrument creating the easement.(4) Nothing in section 88 or in subsection (2) (c) requires the site of an easement for a service referred to in subsection (2) (a) to be identified on a plan lodged in the office of the Registrar-General.(5) The terms of an easement to which this section applies in so far as they relate to:(a) responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement, or(b) the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things,may be varied by memorandum of variation in the approved form and registered under the Real Property Act 1900 as if it were a dealing.(6) A variation of the terms of an easement referred to in subsection (5) must be executed by every person having an estate or interest registered under the Real Property Act 1900 in the land benefited or burdened by the easement.(7) On the application of any person who has an estate or interest in any land that has the benefit or burden of an easement to which this section applies, the Supreme Court may, by order, vary the terms of the easement in so far as they relate to:(a) responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement, or(b) the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things.(8) An order under subsection (7), when registered as provided by subsection (9), is binding on all persons, whether of full age or capacity or not, then entitled or later becoming entitled to the easement, and whether those persons are parties to the proceedings or have been served with notice or not.(9) The Registrar-General must, on application made in the approved form, make all necessary recordings in the Register for giving effect to the order.(10) If an expression used in an instrument that creates an easement to which this section applies is an expression in relation to which the provisions of section 181A and Schedule 8 operate, the provisions of this section and Schedule 8B prevail over those other provisions to the extent of any inconsistency.
(1) Where a requisition that complies with the regulations made under this Act is lodged in the office of the Registrar-General for a search to be made in respect of matters registered or recorded in that office pursuant to any provision of this Act, affecting or relating to the title to any land (other than land subject to the provisions of the Real Property Act 1900), the Registrar-General shall, if the records kept by the Registrar-General enable the Registrar-General to comply with the requisition:(a) cause the required search to be made,(b) cause to be made and filed in the Registrar-General’s office a certificate specifying full and correct particulars of the result of the search, and(c) issue an office copy of that certificate to the person who lodged the requisition.(2) (Repealed)(3) Where:(a) a person purchases or disposes of land in reliance on the correctness of an office copy issued under subsection (1) (c), and(b) as a result of an error in, or omission from, that office copy (other than an error or omission which occurred in a certificate provided to the Registrar-General under section 184D) the person suffers loss or damage in so acting,the person may recover compensation in proceedings against the Crown under the Crown Proceedings Act 1988.(4) Where a solicitor or licensed conveyancer acts for a person referred to in subsection (3) and in so acting relies on the correctness of an office copy so referred to, that person has no cause of action against the solicitor or licensed conveyancer for any loss or damage suffered as a result of an error in, or omission from, that office copy if it is not an error or omission which occurred in a certificate provided by the solicitor to the Registrar-General under section 184D.(5) A person employed in the office of the Registrar-General is guilty of an offence and liable to a penalty not exceeding 10 penalty units:(a) if the person commits, or is party or privy to, any fraudulent act in relation to a certificate or office copy referred to in subsection (1), or(b) if the person is wilfully negligent in the making of, or otherwise in relation to, such a certificate or office copy.(6) Notwithstanding anything in this section, a person may make any search in the office of the Registrar-General that the person could have made if this section had not been enacted.(7) Where an office copy of a certificate is issued under subsection (1) (c), or was issued under the section that this section replaces, the Registrar-General may, without keeping any copy or record thereof, destroy the certificate, and any document that relates to the certificate, after six years have elapsed since the issue of the office copy of the certificate.(8) A prosecution for an offence under subsection (5) may be heard and determined before the Local Court.
(1) The Registrar-General is to keep an index of the registers kept under this Act.(2) The Registrar-General may, on payment of the prescribed fee, provide a copy, or permit the inspection, of the whole or a part of the index.(3) The Registrar-General does not incur any liability for an error in, or omission from, a copy provided, or matter inspected, under this section if the error or omission occurred in a certificate provided to the Registrar-General under section 184D.(4) The Registrar-General may correct errors in the index.
199 Registers to be public records
Any register kept in pursuance of this Act shall be a public record and information therein shall be made available at the prescribed times, in the prescribed manner and upon payment of the prescribed fee, if any.
(1) Any registration under this Act may be vacated pursuant to an order of the Supreme Court.(2) The Registrar-General may upon the filing with the Registrar-General of an application in the prescribed form vacate any registration under this Act.
201 Vacation of entry of legal proceedings
Any registration of current legal proceedings under this Part may be vacated pursuant to an order of the Supreme Court, and such order may be made after the determination of the legal proceedings, or, in case the Court is satisfied that the litigation is not being prosecuted bona fide, during the pendency thereof, and in any case, if the Court thinks fit, without the consent of the person who caused the same to be registered.
202 General rules under this Part as to registration and fees
(1) The Governor may make regulations:(a) prescribing the manner and form of registering instruments under this Act or any other Act (except the Real Property Act 1900), and the requirements with which documents lodged or delivered for registration thereunder are to comply,(b) prescribing forms and contents of requisitions and certificates under Division 4,(c) regulating the practice of the office of the Registrar-General under this Act or any other Act (except the Real Property Act 1900),(d) prescribing the fees to be taken in such office for any matter or thing to be done therein under this or any other Act (except the Real Property Act 1900),(d1) providing for the refund or waiver of any such fees, and(e) prescribing anything to be prescribed under this Act.(1A) (Repealed)(2) Prescribed in this Act in relation to any of the aforesaid matters means prescribed under the provisions of this section.(3) The fees prescribed in any such regulations shall be the fees payable for all matters therein mentioned, notwithstanding anything contained in any other Act or regulation (except the Real Property Act 1900 and the regulations made thereunder) prescribing the payment of fees, or limiting the amount thereof.(4) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.(5) Proceedings for an offence against a regulation shall be dealt with summarily before the Local Court.(6) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.(7) (Repealed)
202A Savings, transitional and other provisions
Schedule 9 has effect.
(1) (Repealed)(2) The Registration of Deeds (Amending) Act 1918 is hereby repealed.
203AA Keeping of plans and other documents
(1) The Registrar-General may keep plans and other documents lodged with the Registrar-General under this or any other Act (whether lodged for registration or recording or for another purpose) in or on any medium or combination of media capable of having information recorded in or on it or them.(2) Subsection (1) applies regardless of whether the plans or other documents were lodged manually or electronically.(3) The Registrar-General may, from time to time, vary the manner or form in which the plans and other documents are kept.(4) This section does not apply to any plan or other document that is required to be kept in a manner or form specified in or under any other provision of this Act or in or under any provision of any other Act.
203A Evidence of registered or recorded electronic form plans and documents
(1) A hard copy version dated and issued by the Registrar-General of any plan or other identified document:(a) that has been registered or recorded by the Registrar-General under this or any other Act, and(b) that is kept by the Registrar-General in electronic form,has, for all purposes, the same validity and effect as the original plan or document that was registered or recorded.(2) In this section, identified document means a document specified or described for the purposes of this section in the regulations made under this Act.