Land Transfer Amendment Act 2005

1: Title
1: This Act is the Land Transfer Amendment Act 2005.
2: In this Act, the Land Transfer Act 1952 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: By whom applications may be made
Section 20(3) section 161 regulations made under
4: Instruments not effectual until entry in register
Section 41
6: In the absence of any provision to the contrary in the instrument, a reference in the instrument to the unique identifier of a computer register must be taken to be a reference to the entire estate or interest for which the computer register was created.
5: Presentation of instruments for registration
Section 47 subsection (1) subsection (2) transfer registry
6: Transfers and creation of easements, etc, by registered proprietor
1: Section 90(1)﻿(b) creation or surrender
2: Section 90(2)﻿(a) or created , created, or surrendered
3: Section 90(3)﻿(b) created or surrendered,
7: General provisions relating to easements
1: Section 90E(1) created or varied under any of sections 90A, 90B, or 90C created under any of sections 90, 90A, or 90B section 90C
2: Section 90E(2) section 90A or section 90B any of sections 90, 90A, or 90B
3: Section 90E(3)
a: by omitting from paragraph (a) the creation or variation of an easement under any of sections 90A, 90B, or 90C the creation of an easement under any of sections 90, 90A, or 90B section 90C
b: by omitting from paragraph (c) section 90A or section 90B any of sections 90, 90A, or 90B
4: Section 90E(5) Sections 90,
8: Creating and noting land covenants
Section 90F subsection (1)
1: Any covenant that may be contained in an instrument to which section 126A of the Property Law Act 1952
a: may also be created in the same way as an easement may be created under section 90A or section 90B
b: subject to section 126A of the Property Law Act 1952
9: Variation of mortgage terms
Section 102(1)
10: Caveat against bringing land under Act
Section 136(1) a caveat in the prescribed form
11: Caveat against dealings with land under Act
Section 137(1) a caveat in the prescribed form
12: Effect of caveat against bringing land under Act
Section 140 in Form M under section 136
13: Effect of caveat against dealings
Section 141(1) in form N under section 137
14: Lapse of caveat against bringing land under Act
Section 144 in Form M under section 136
15: New section 145 substituted
The principal Act is amended by repealing section 145
145: Lapse of caveat against dealings
1: Every caveat under section 137
a: notice is, within the first prescribed period, given to the Registrar that an application for an order to the contrary has been made to the High Court; and
b: such an order is made and served on the Registrar within the second prescribed period.
2: The provisions of subsection (1)
3: In this section, first prescribed period and second prescribed period are periods prescribed for the purposes of this section by regulations made under this Act.
16: Caveats in respect of applications under this Part
Section 205(5) 138(1), 139 136(2) and (3)
17: Repeal
Schedule 2 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 section 139
18: Amendments to related Acts
The Acts specified in the Schedule are amended in the manner indicated in that schedule.