Tasmanian Numbered Acts

LAND (MISCELLANEOUS AMENDMENTS) ACT 2021 (NO. 23 OF 2021)

- Act 23 of 2021
- Royal Assent 29 November 2021

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement

   PART 2 - Abandoned Lands Act 1973 Amended

   3.      Principal Act
   4.      Section 10 amended (Effect of registration of abandoned land notices)
   5.      Section 11 amended (Compensation in respect of registration of abandoned land notices)

   PART 3 - Associations Incorporation Act 1964 Amended

   6.      Principal Act
   7.      Section 13 amended (Vesting of property in incorporated association)

   PART 4 - Conveyancing and Law of Property (Building Title Plans) Regulations 2012 Amended

   8.      Principal Regulations
   9.      Regulation 8 amended (Notification on certificate of title)

   PART 5 - Conveyancing and Law of Property Act 1884 Amended

   10.     Principal Act
   11.     Section 84D amended (Vesting of blocks subject to rights of way)

   PART 6 - Homes Act 1935 Amended

   12.     Principal Act
   13.     Section 18B amended (Enforcement of restriction on transfers, &c., of land sold)

   PART 7 - Land Acquisition Act 1993 Amended

   14.     Principal Act
   15.     Section 21 amended (Notice to former owner after acquisition)
   16.     Section 34 amended (Amount of compensation for mortgagee)
   17.     Section 66 amended (Public Trustee to represent unascertained owner)
   18.     Section 80 amended (Signing of notices and other documents)
   19.     Section 81 amended (Service of notices and other documents)

   PART 8 - Land Titles Act 1980 Amended

   20.     Principal Act
   21.     Section 4 amended (Appointment of Recorder, &c.)
   22.     Section 7 amended (Documents purporting to be sealed or signed by Recorder or Deputy Recorder, &c., to be received in evidence)
   23.     Section 8 amended (Facsimile signature of Recorder or Deputy Recorder, &c.)
   24.     Section 11 amended (Applications to bring land under this Act)
   25.     Section 12 amended (Lodgment of dealings)
   26.     Section 13 amended (Notices)
   27.     Section 14 amended (Caveat forbidding the bringing of land under this Act)
   28.     Section 15 amended (Withdrawal of application to bring land under Act)
   29.     Section 17 amended (Land may be brought under this Act on registration of instruments under the Registration of Deeds Act 1935)
   30.     Section 18 amended (Land may be brought under this Act upon subdivision)
   31.     Section 19 amended (Land may be brought under this Act at the instance of the Recorder)
   32.     Section 20 amended (Refusal to comply with notice under section 19; making false or misleading statement, &c.)
   33.     Section 21 amended (Qualified title)
   34.     Section 22 amended (Subsisting estates and interests to be recorded on qualified title)
   35.     Section 24 amended (Qualified title may be cancelled or corrected in certain circumstances)
   36.     Section 27A amended (Certain Crown land may be brought under this Act)
   37.     Section 28 amended (How certain estates and interests dealt with when land brought under this Act)
   38.     Section 30 amended (Disposal of antecedent documents of title)
   39.     Section 31 amended (Persons to produce deeds)
   40.     Section 32 amended (Land may be described by verbal description if no survey available, &c.)
   41.     Section 33 amended (The Register, certificates of title and registration)
   42.     Section 34 amended (Power of Recorder to make transparencies)
   43.     Section 35 amended (Lost certificate of title, folio of the Register, or duplicate registered dealing)
   44.     Section 37 amended (Copies of public records)
   45.     Section 40 amended (Estate of registered proprietor indefeasible)
   46.     Section 42 amended (Purchasers and mortgagees protected)
   47.     Section 48 amended (Dealings to be attested; order of registration; priority of dealings)
   48.     Section 48B amended (Authority for lodgment by electronic process)
   49.     Section 49 amended (Instruments not effectual until registered)
   50.     Section 50 amended (Dealings not to be registered except in accordance with this Act)
   51.     Section 51 amended (Recording of dealing on certificate of title, &c.)
   52.     Section 52 amended (Priority notices)
   53.     Section 52A amended (Attorney-General to give notice of forfeiture orders)
   54.     Section 53 amended (Dealing may be registered prior to grant from the Crown)
   55.     Section 54 amended (Delivery of certificate of title or duplicate registered dealing)
   56.     Section 56 amended (General covenants implied in dealings)
   57.     Section 58 amended (Transfer)
   58.     Section 59 amended (Transferee of land subject to mortgage or encumbrance to indemnify transferor)
   59.     Section 60 amended (Transfers of mortgages, encumbrances, and leases)
   60.     Section 61 amended (Sale under writ)
   61.     Section 62 amended (Dealings with lands of the Crown under Act)
   62.     Section 63 amended (Severance of joint tenancy)
   63.     Section 67 amended (Powers in lessor)
   64.     Section 68 amended (Recovery of possession and determination of lease)
   65.     Section 69 amended (Provisions of Act as to leases to apply, with necessary modifications, to subleases)
   66.     Section 70 amended (Extension or variation of lease)
   67.     Section 74 amended (Covenants implied in every memorandum of mortgage)
   68.     Section 77 amended (Procedure in case of default)
   69.     Section 78 amended (Power to sell and appropriation of proceeds)
   70.     Section 79 amended (Power of mortgagee to sell or lease mortgaged land and other land together)
   71.     Section 83 amended (Mortgagee or encumbrancee may distrain for arrears of money secured under mortgage or encumbrance)
   72.     Section 84 amended (Mortgagee or encumbrancee of leasehold entering into possession of rent and profits becomes liable to lessor)
   73.     Section 85 amended (Mortgagee may apply to Recorder for order for foreclosure)
   74.     Section 86 amended (Order for foreclosure)
   75.     Section 87 amended (First mortgagee or encumbrancee to produce title for registration of subsequent dealing)
   76.     Section 88 amended (Variation of terms of mortgage and encumbrance)
   77.     Section 90 amended (Recorder may facilitate discharge of mortgage in certain cases)
   78.     Section 91 amended (Application for order declaring mortgage, &c., discharged)
   79.     Section 93 amended (Registration of order)
   80.     Section 94 amended (Recording of satisfaction of encumbrance)
   81.     Section 97 amended (Disclaimer or lease under Commonwealth Act)
   82.     Section 98 amended (Transmission on death (old procedure))
   83.     Section 99 amended (Transmission on death to personal representative)
   84.     Section 100 amended (Registration of survivor of joint proprietors, &c.)
   85.     Section 101 amended (Re-entry determining fee)
   86.     Section 102 amended (Covenants which run with freehold registered land)
   87.     Section 103 amended (Effect of identity of parties to covenant)
   88.     Section 105 amended (Creation of easements)
   89.     Section 107 amended (Profits à prendre)
   90.     Section 108 amended (Release and extinguishment of easements and profits à prendre)
   91.     Section 109 amended (Effect of unity of seisin on registered easements, &c.)
   92.     Section 110 amended (Rectification of easements, &c., in old subdivisions)
   93.     Section 112 amended (Recording of highways)
   94.     Section 126 amended (Registration of acquiring authority as proprietor)
   95.     Section 131 amended (Application of Settled Land Act 1884 to land held under this Act)
   96.     Section 132 amended (Trusts)
   97.     Section 133 amended (Caveat against dealings)
   98.     Section 134 amended (Caveat may be lodged by judgment creditor)
   99.     Section 136 amended (Lapsing of caveat on registration of dealing)
   100.    Section 136A amended (Cancellation of caveat on application of proprietor of estate or interest)
   101.    Section 137 amended (No registration affecting land in respect of which caveat lodged)
   102.    Section 138 amended (Compensation for lodging caveat without sufficient cause)
   103.    Section 138A amended (Registration as proprietor of person entitled to land by operation of any Act)
   104.    Section 138B amended (Recorder to carry out order of Supreme Court vesting trust estate)
   105.    Section 138D amended (Recorder may make vesting order in certain circumstances when purchaser in possession)
   106.    Section 138G amended (Interpretation)
   107.    Section 138J amended (Acquisition of easements by possession)
   108.    Section 138K amended (Applicant to notify owner of servient tenement)
   109.    Section 138L amended (Requirements for application)
   110.    Section 138M amended (Tenants in common)
   111.    Section 138P amended (Character of easement)
   112.    Section 138Q amended (Power of Recorder to make recordings, &c.)
   113.    Section 138W amended (Registered proprietor to hold land on trust)
   114.    Section 138X amended (Power of Recorder to make vesting order)
   115.    Section 138ZA amended (Restriction on renewal of caveats)
   116.    Section 139 amended (Correction of errors)
   117.    Section 140 amended (Cancellation of superfluous recordings)
   118.    Section 142 amended (Rectification of boundaries, area or position of land)
   119.    Section 143A amended (Recorder may specify format, &c., of certain plans)
   120.    Section 143B amended (Recorder may require information, &c., in respect of plans, &c.)
   121.    Section 143I amended (Power of Recorder to rearrange plans)
   122.    Section 144 amended (Proprietor if dissatisfied may summon Recorder to show cause)
   123.    Section 145 amended (Action by person claiming as beneficiary may be brought in name of trustee)
   124.    Section 146 amended (Mortgagee, encumbrancee or lessor may obtain possession in certain cases)
   125.    Section 147 amended (Right of mortgagee of lease not to be barred)
   126.    Section 150 amended (The assurance fund)
   127.    Section 151 amended (Assurance fund not liable in certain cases)
   128.    Section 152 amended (Compensation for party deprived of land)
   129.    Section 153 amended (When action may lie against Recorder as nominal defendant)
   130.    Section 154 amended (Date of deprivation in certain cases)
   131.    Section 155 amended (Person sustaining loss may apply for compensation)
   132.    Section 156 amended (Notice of action)
   133.    Section 158 amended (Limitation of actions)
   134.    Section 160 amended (General powers of Recorder)
   135.    Section 161 amended (Recorder may state case for Supreme Court)
   136.    Section 163 amended (Power of Recorder to call in certificate of title, &c., in certain cases)
   137.    Section 164 amended (Powers of Court and Recorder)
   138.    Section 165 amended (Protection of Recorder)
   139.    Section 168 amended (Service, &c., of notices)
   140.    Section 169A amended (Power of Recorder to approve forms)
   141.    Section 170A amended (Combination of forms)
   142.    Section 170B amended (Duty of Recorder to transmit certain information)
   143.    Section 172 amended (Transitional provision)

   PART 9 - Land Titles Regulations 2012 Amended

   144.    Principal Regulations
   145.    Regulation 12 amended (Lodgment of dealings)
   146.    Regulation 13 amended (General requirements)
   147.    Regulation 14 amended (Execution and lodgment of instruments under section 49(2))
   148.    Regulation 18A inserted
   149.    Regulation 21 substituted

   PART 10 - Local Government (Building and Miscellaneous Provisions) Act 1993 Amended

   150.    Principal Act
   151.    Section 244 amended (Registering preservation order)

   PART 11 - Local Government (Highways) Act 1982 Amended

   152.    Principal Act
   153.    Section 60 amended (Restrictive covenants for benefit of highway)

   PART 12 - Nature Conservation Act 2002 Amended

   154.    Principal Act
   155.    Section 32A amended (Amendment of Schedules)

   PART 13 - Neighbourhood Disputes About Plants Act 2017 Amended

   156.    Principal Act
   157.    Section 23 amended (Application to Appeal Tribunal)

   PART 14 - War Service Land Settlement Act 1950 Amended

   158.    Principal Act
   159.    Section 39D amended (Issue of certificates of title)
   160.    Section 39E amended (Registration of grants)
   161.    Section 39J amended (Release of seigniory)

   PART 15 - Wellington Park Act 1993 Amended

   162.    Principal Act
   163.    Schedule 2 amended (Registration of Proclamations)

   PART 16 - Concluding Provision

   164.    Repeal of Act