New South Wales: Real Property Act 1900 (NSW)

Real Property Act 1900 No 25 An Act to consolidate the Acts relating to the declaration of titles to land and the facilitation of its transfer. Part 1A Preliminary 1 Name of Act This Act may be cited as the Real Property Act 1900. 2 Repeal of Acts (1) The Acts mentioned in Schedule 1, to the extent therein expressed, are hereby repealed, and all lands, estates, and interests which at the commencement of this Act are subject to the provisions of the Acts so repealed shall be subject to the provisions of this Act. (2) All rules, forms, and orders made under the provisions of any Act hereby repealed and in force at the commencement of this Act shall be deemed to have been made under the corresponding provisions of this Act. (3) All applications duly made, registrations duly effected, proceedings duly commenced or had, and acts or things duly done under the Acts hereby repealed shall be deemed to have been duly made, effected, commenced, had, or done respectively under the corresponding provisions of this Act, but at the date on which the same were in fact made, effected, commenced, had, or done. (4) All laws, statutes, Acts, ordinances, rules, regulations, and practice whatsoever relating to freehold and other interests in land operative on the first day of January one thousand eight hundred and sixty-three are, so far as inconsistent with the provisions of this Act, hereby repealed so far as regards their application to land under the provisions of this Act, or the bringing of land under the operation of this Act. (5), (6) (Repealed) 3 Definitions (1) In the construction and for the purposes of this Act, and in all instruments purporting to be made or executed thereunder (if not inconsistent with the context and subject matter)— (a) the following terms shall bear the respective meanings set against them— Approved form—Form approved by the Registrar-General for the purposes of any provision of this or any other Act in relation to which the expression is used (see section 104), including an electronic data file containing such a form. Authorised representative—A law practice or licensed conveyancer (or firm of licensed conveyancers) authorised under a client authorisation to represent a party to a conveyancing transaction in connection with the execution or lodgment of documents that give effect to that transaction. Business day—A day that is not a Saturday or Sunday or a public holiday or bank holiday throughout the State. Caveator—The person by whom or on whose behalf a caveat has been lodged under the provisions of this Act, or any enactment hereby repealed. Charge—Any charge on land created for the purpose of securing the payment of an annuity, rent-charge or sum of money other than a debt. Chargee—The proprietor of a charge. Charger—The proprietor of land or of an estate or interest in land that is subject to a charge. Client authorisation—A client authorisation as defined by section 107. Computer folio—A folio of the Register that is not a manual folio. Computer folio certificate—A certificate issued under section 96D. Consular officer—Consul-general, consul, and vice-consul, and any person for the time being discharging the duties of consul-general, consul, or vice-consul. Conveyancing rules—The rules determined by the Registrar-General under section 12E. Conveyancing transaction—A conveyancing transaction within the meaning of the Electronic Conveyancing National Law (NSW) to which this Act applies. Covenant charge—Any charge on land created under section 88F of the Conveyancing Act 1919 for securing the payment of money. Covenant chargee—The proprietor of a covenant charge. Covenant charger—The proprietor of land or of any estate or interest in land subject to a covenant charge. Dealing—Any instrument other than a grant, caveat or priority notice, including an electronic form of that instrument, being an instrument— (a) that is registrable or capable of being made registrable under the provisions of this Act, or (b) in respect of which any recording in the Register is by this or any other Act or any Act of the Commonwealth required or permitted to be made. Note— The Electronic Conveyancing National Law (NSW) facilitates the electronic lodgment of registry instruments. Dealings are a type of registry instrument. Department—The Department of Customer Service. Deputy Registrar-General—A member of staff of the Department who has been designated under section 4B to be a Deputy Registrar-General. Digitally sign—Has the same meaning as in the Electronic Conveyancing National Law (NSW). Easement in gross—An easement without a dominant tenement created pursuant to the provisions of section 88A or 88B of the Conveyancing Act 1919 or acquired by the Commonwealth in exercise of authority conferred by any Act of the Parliament of the Commonwealth. Electronic Lodgment Network—An Electronic Lodgment Network under the Electronic Conveyancing National Law (NSW). Firm of licensed conveyancers—A firm of licensees within the meaning of the Conveyancers Licensing Act 2003. Fraud—Fraud includes fraud involving a fictitious person. Grant—Any Crown grant of land. Instrument—Any grant, conveyance, assurance, deed, map, plan, will, probate, or exemplification of will, or any other document in writing or in electronic form relating to the disposition, devolution or acquisition of land or evidencing title to land. Land—Land, messuages, tenements, and hereditaments corporeal and incorporeal of every kind and description or any estate or interest therein, together with all paths, passages, ways, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals, quarries, and all trees and timber thereon or thereunder lying or being unless any such are specially excepted. Law practice—A law practice within the meaning of the Legal Profession Uniform Law (NSW). Licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003. Limited folio—A folio of the Register that includes a recording under section 28T (4) that has not been cancelled. Lodge—Includes lodge electronically— (a) in accordance with this Act or the Electronic Conveyancing National Law (NSW), or (b) in a way approved by the Registrar-General. Lodgment rules—Rules made by the Registrar-General under section 12F. Manual folio—A folio of the Register maintained by the Registrar-General wholly in the form of a document in writing. Mortgage—Any charge on land (other than a covenant charge) created merely for securing the payment of a debt. Mortgagor—The proprietor of land or of any estate or interest in land pledged as security for the payment of a debt. Mortgagee—The proprietor of a mortgage. Ordinary folio—A folio of the Register that is neither a limited folio nor a qualified folio. Plan of survey—A formal land survey plan within the meaning of the Surveying and Spatial Information Act 2002. Possessory applicant—Person who makes a possessory application. Possessory application—Application under section 45D. Primary applicant—Person who makes a primary application. Primary application—Application to bring under the provisions of this Act land that is not subject to those provisions. Priority notice—A priority notice under Part 7B. Proprietor—Any person seised or possessed of any freehold or other estate or interest in land at law or in equity in possession in futurity or expectancy. Qualified folio—A folio of the Register in which is recorded a caution under section 28J that has not been cancelled. Registrar-General—The person employed in the Public Service as the Registrar-General. Regulations—The regulations made under this Act. Sign—Includes digitally sign in accordance with the Electronic Conveyancing National Law (NSW). The Register—The Register required to be maintained by section 31B (1). Torrens Assurance Fund—The Torrens Assurance Fund established under section 134. Transfer—The passing of any estate or interest in land under this Act whether for valuable consideration or otherwise. Transmission—The acquirement of title to or interest in land consequent on the death, will, intestacy or bankruptcy of a proprietor. Uplift—The removal of a dealing or other document that has been lodged for registration or recording from its priority position so that it can be corrected or amended without withdrawing the dealing or document. Writ—A writ for the levy of property within the meaning of Part 8 of the Civil Procedure Act 2005, including any such writ issued pursuant to an Act of the Commonwealth. Note— See, for example, section 77M of the Judiciary Act 1903 of the Commonwealth and other similar provisions of Commonwealth legislation. (b) The description of any person as a proprietor, transferor, transferee, mortgagor, mortgagee, charger, chargee, lessor, or lessee, or as seised of having or taking any estate or interest in any land shall be deemed to include the executors, administrators, and assigns of such person. (c) (Repealed) (d) A reference to recording includes a reference to amending, cancelling or deleting. (e) A reference to a caveator includes a reference to any person who claims through or under the caveator and also includes a reference to any person other than the caveator who, by virtue of section 74M (1), is authorised to withdraw the caveat which was lodged by the caveator. (f) A reference to an office copy of an order, judgment or injunction made, given or granted by a court is a reference to a copy of that order, judgment or injunction certified as such an office copy by the proper officer of the court. (g) A reference to a dealing, caveat, priority notice, instrument or other document that is in paper form being duly executed or witnessed includes a reference to it being certified or otherwise authenticated in accordance with the conveyancing rules. Note— See also sections 107 (4) and 108 with respect to the effect of the signing of documents under the authority or purported authority of client authorisations. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) A reference in this or any other Act to a recording in a folio of the Register includes a reference to a recording in the Register with respect to that folio. (2A) Words and expressions used in this Act that are defined in the Land and Property Information NSW (Authorised Transaction) Act 2016 have the same meanings as in that Act, except in so far as they are defined differently in this Act or the context or subject-matter otherwise indicates or requires. (3) Notes in the text of this Act do not form part of this Act. 3A Application of Act to electronic form plans and other documents (1) This section applies to— (a) plans lodged for the purposes of this Act, and (b) other documents, except office copies of court orders, that— (i) are required by or under this or any other Act to be lodged with those plans, or (ii) are of a class prescribed by the regulations made under this Act as documents that may be lodged in electronic form. (2) A reference in this Act— (a) to a plan or another document includes a reference to an electronic data file containing a plan or another document in an electronic form, and (b) to the lodging of a plan or another document includes a reference to the electronic lodging of a plan or another document in an electronic form approved by the Registrar-General, and (c) to a sheet of a plan or another document that is in electronic form, is a reference to a sheet on which the whole or part of the plan or other document would be reproduced if the plan or other document were converted to hard copy form without re-pagination. (3) If a plan is lodged electronically, all other documents that are required to be lodged with the plan must also be lodged electronically in an electronic form approved by the Registrar-General, except— (a) office copies of court orders, and (b) any other documents excepted from this requirement by regulations under this or any other Act or by the Registrar-General. (4) Any signature, seal, certificate, consent or other approval required to authenticate, or to authorise the registration or recording of, a plan proposed to be lodged in electronic form is to be endorsed on an approved form for signatures. When the plan is lodged, that form must also be lodged electronically in an electronic form approved by the Registrar-General. (5) This Act applies to and in respect of plans and other documents lodged in electronic form in the same way as it applies to other plans and documents, subject to any modifications prescribed by this Act or the Conveyancing Act 1919 or the regulations under either of those Acts. 3B Arrangements for payment of fees (1) Except as provided by section 96J, a provision of this Act to the effect that something may or must be done on or after payment of a fee prescribed by the regulations enables or requires (as appropriate) the thing to be done if arrangements have been made in accordance with the regulations for the future payment of the fee. (2) A fee prescribed under this or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function. (3) The acceptance of a lesser fee by the authorised operator does not operate to reduce the amount that is required to be paid from the fee into the Torrens Assurance Fund. Part 1 Administration 4 Administration of Act The Registrar-General is authorised to execute the provisions of this Act. 4A Registrar-General—delegation and seal of office (1) The Registrar-General may delegate any of the powers and functions of the Registrar-General under this or any other Act, other than this power of delegation, to a Deputy Registrar-General or member of staff of the Department. (2) The Registrar-General is to have a seal of office that bears an impression of the Arms of the State of New South Wales and has inscribed in the margin the words "Registrar-General, New South Wales". (3) An instrument or document issued by the Registrar-General or a Deputy Registrar-General, acting or purporting to act under the authority of any Act, is not invalid only because of— (a) any irregularity in the manner or time of affixing, impressing or printing the seal of the Registrar-General to or on the instrument or document, or (b) a failure to affix, impress or print the seal of the Registrar-General to or on the instrument or document. (4) All courts and persons acting judicially— (a) are required to take judicial notice of the seal of the Registrar-General, and (b) must, until the contrary is proved, presume that the seal was properly affixed. (5) The seal of the Registrar-General may be affixed by electronic or mechanical means. 4B Deputy Registrars-General (1) The Registrar-General may, by instrument in writing, designate one or more members of staff of the Department to be Deputy Registrars-General. (2) If more than one Deputy Registrar-General is designated, the Registrar-General may, in the instrument designating a person to be a Deputy Registrar-General or by a subsequent instrument in writing, designate one of the Deputy Registrars-General to be the Senior Deputy Registrar-General. (3) A Deputy Registrar-General has such powers and functions as may be— (a) assigned to the Deputy Registrar-General by the Registrar-General, and (b) conferred or imposed on the Deputy Registrar-General by or under this or any other Act. (4) A Deputy Registrar-General is to exercise his or her powers and functions (including delegated powers and functions of the Registrar-General) in accordance with any directions given by the Registrar-General. (5) If there is no Registrar-General or the Registrar-General is absent from his or her duties— (a) in the case where there is only one Deputy Registrar-General—the Deputy Registrar-General may act as the Registrar-General, or (b) in the case where there is more than one Deputy Registrar-General—the Senior Deputy Registrar-General may act as the Registrar-General. (6) A Deputy Registrar-General acting as the Registrar-General under subsection (5) has the same powers and functions as the Registrar-General and anything done by the Deputy Registrar-General in the exercise of those powers and functions has same effect as if it had been done by the Registrar-General. 5–10 (Repealed) Part 2 General powers of Registrar-General 11 Minister's directions (1) The Minister may give directions to the Registrar-General requiring the implementation by the Registrar-General of policies or requirements of general application that the Minister is satisfied are necessary or desirable in the public interest to protect the integrity of the Register. (2) The Registrar-General is required to give effect to any direction of the Minister under this section. 12 Powers of Registrar-General (1) The Registrar-General may exercise the following powers, that is to say— (a) The Registrar-General may require any person who may have possession or control of an instrument relating to land the subject of a dealing, or relating to the title to any such land, to produce that instrument, and the Registrar-General may retain any such instrument, whether produced pursuant to this paragraph or otherwise, until it is no longer required for action in connection with a dealing lodged with the Registrar-General. (b) The Registrar-General may summon any person referred to in paragraph (a) or any person who to the Registrar-General appears to be interested in any land, title to land, or instrument affecting land, the subject of a dealing to appear and give an explanation respecting that land, title, or instrument. (c) The Registrar-General may administer oaths or may take a statutory declaration in lieu of administering an oath. (d) The Registrar-General may, subject to this section and upon such evidence as appears to the Registrar-General sufficient, correct errors and omissions in the Register. (d1) The Registrar-General may, subject to subsection (3A), on such evidence and after such notices (if any) as appear to the Registrar-General to be sufficient, and with the consent of the proprietors and any mortgagees of the land, correct the Register by correcting a reference to one or more lot numbers in a plan. The Registrar-General may make the correction on the application of a proprietor or mortgagee or on the Registrar-General's own initiative. (e) The Registrar-General may record in the Register a caveat on behalf of any person under any legal disability or on behalf of Her Majesty to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person as hereinbefore mentioned, and also to prohibit the dealing with any land in any case in which it appears to the Registrar-General that an error has been made by misdescription of such land or otherwise in any folio of the Register or instrument, or for the prevention of any fraud or improper dealing. Editorial note— See Trustee Act 1925, sec 11. (f) For the protection of any person interested in land under the provisions of this Act the Registrar-General may record in the Register a caveat, or may otherwise record the interest of that person in the Register in such manner as appears to the Registrar-General to be appropriate. (g) The Registrar-General may, on such evidence as appears to the Registrar-General sufficient, record in the Register any change in the name of a registered proprietor, whether the change is consequent upon the marriage of the proprietor or otherwise. (h) The Registrar-General may at the Registrar-General's discretion, and notwithstanding anything in this Act, dispense with any advertisement or the supply to the Registrar-General of any information or the production to the Registrar-General of any instrument. (h1) The Registrar-General may give notice by advertisement or by personal service, whenever and to whomever the Registrar-General thinks appropriate, of the intended exercise or performance of any power, authority, duty or function conferred or imposed by this Act. The Registrar-General may instead, if the Registrar-General considers it to be appropriate, direct another person to give notice in a manner and form approved by the Registrar-General. (i) The Registrar-General may, where the Registrar-General is satisfied that an estate or interest has been extinguished by merger, make such recording in the Register as the Registrar-General considers appropriate. (1A) Notwithstanding subsection (1) (h1), a notice of intention to bring land under the provisions of this Act or to grant a possessory application or to register a plan of survey lodged for the purposes of section 28V may be served by post. (2) Where a person required to produce an instrument pursuant to paragraph (a) of subsection (1) fails to produce the instrument or to allow it to be inspected or, being summoned pursuant to paragraph (b) of that subsection, refuses or neglects to give an explanation which the person is, pursuant to that paragraph, required to give, or knowingly misleads or deceives any person authorised to demand any such explanation, the person shall for each such offence incur a penalty not exceeding 2 penalty units, and the Registrar-General, if the instrument or information withheld appears to the Registrar-General material, may reject the relevant dealing referred to in that subsection. (3) Where the Registrar-General, in the exercise of the powers conferred upon the Registrar-General by subsection (1) (d), makes a correction in the Register— (a) the Registrar-General shall, by an appropriate recording in the Register, authenticate the correction and record the date thereof, and (b) to the extent that, but for this paragraph, the correction would prejudice or affect a right accrued from a recording made in the Register before the correction, the correction shall be deemed to have no force or effect, and (c) subject to paragraph (b), the Register shall, as so corrected, have the same validity and effect as it would have had if the error or omission had not occurred, and (d) the Registrar-General shall, while any right preserved by paragraph (b) is subsisting, maintain available for search a record of the date, nature and effect of the correction, and (e) the Registrar-General must keep a record of every correction. (3A) If the Registrar-General makes a correction referred to in subsection (1) (d1)— (a) the correction— (i) must not make original words or symbols illegible, and (ii) must be dated, and (iii) must be initialled by the Registrar-General, and (b) the correction takes effect as if the error corrected had not occurred, and (c) the correction does not affect the construction of any instrument made or entered into before the correction so as to prejudice any person claiming under that instrument, and (d) the Registrar-General must keep a record of every correction. (4) Where the Registrar-General exercises the powers conferred upon the Registrar-General by subsection (1) (f) otherwise than by entering the Registrar-General's caveat, the interest recorded shall be deemed to be an interest within the meaning of section 42 but otherwise shall have no greater operation or effect than it would have had if not so recorded. (5) Upon the recording, pursuant to subsection (1) (i), of the extinction of an estate or interest by merger, that estate or interest shall be deemed to have been extinguished accordingly. (6) The powers of the Registrar-General under this section may be exercised with respect to electronic lodgments in conjunction with powers granted under the Electronic Conveyancing National Law (NSW). (7) A power to correct errors and omissions conferred by subsection (1) includes a power to correct errors and omissions resulting from a malfunction of— (a) an Electronic Lodgment Network or electronic system in which information is communicated between the Electronic Lodgment Network and the Registrar-General, or (b) any other system, approved by the Registrar-General, that enables the lodgment of dealings, caveats, priority notices and other documents in electronic form. 12A Power of Registrar-General to serve notice of proposed action (1) The Registrar-General may, before taking any action that alters the Register, give notice of the proposed action to any person that the Registrar-General considers should be notified of it. (2) Where the Registrar-General has given notice pursuant to the powers conferred upon the Registrar-General by subsection (1), the Registrar-General may refuse to take the action until after the expiration of a period specified in the notice and the Registrar-General 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) Where a person given notice under subsection (1) does not within the time limited by the notice serve upon the Registrar-General or give the Registrar-General written notice of an order made by 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 shall lie against the Registrar-General in respect of the taking of the action specified in the notice. (4) No action shall lie against the Registrar-General for failure to give a notice under subsection (1). 12AA 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. 12B Mortgagee or mortgagor may be recorded as registered proprietor (1) Where it appears to the Registrar-General that the legal estate in land is vested in a mortgagee and the Registrar-General creates under any provision of this Act, other than section 17 (2), a folio of the Register for the land, the Registrar-General may record the mortgagee or the mortgagor in the folio as registered proprietor of the land. (2) Where, pursuant to subsection (1) or section 17 (2), the Registrar-General records a mortgagee as registered proprietor in a folio of the Register for any land, the Registrar-General shall record in the folio the Registrar-General's caveat forbidding the recording in the Register of any dealing relating to that land by the mortgagee other than a dealing giving effect to an exercise of the mortgagee's powers as mortgagee. 12C Recording of native title in Register (1) The Registrar-General may, on evidence that appears to the Registrar-General sufficient, record in the Register approved determinations of native title made under the law of this State or of the Commonwealth and any other matters relating to native title rights and interests that the Registrar-General considers appropriate. (2) The information referred to in subsection (1) may be recorded in a manner and form that the Registrar-General considers appropriate. (3) In this section, approved determination of native title, native title and native title rights and interests have the same meanings as they have in the Native Title Act 1993 of the Commonwealth. 12D Registrar-General's Guidelines (1) The Registrar-General may publish such information as the Registrar-General considers appropriate for the guidance or assistance of persons in connection with the operation of this Act or any other Act under which the Registrar-General exercises titling and registry functions, including (without limitation) information concerning— (a) the completion of forms, and (b) the preparation and lodgment of dealings, plans and other documents for registration or recording, and (c) the practices and procedures of the Registrar-General in the exercise of titling and registry functions. (2) Information published under this section may be published as the Registrar-General's Guidelines. 12E Conveyancing rules (1) Making of conveyancing rules The Registrar-General may from time to time determine, in writing, rules for or with respect to the preparation and lodgment of documents to give effect to conveyancing transactions (the conveyancing rules), including rules for or with respect to the following— (a) the verification of identity and authority, including— (i) the standards to which identity and authority are to be verified, and (ii) the classes of persons in respect of whom identity and authority are to be verified, and (iii) the classes of documents in relation to which verification of identity and authority requirements apply, and (iv) the classes of persons who can undertake verification of identity and authority, and (v) any supporting evidence and retention requirements, (b) client authorisations, including— (i) the form of a client authorisation, and (ii) the classes of documents to which a client authorisation applies, and (iii) any supporting evidence and retention requirements, (c) matters to be certified, or relating to the certification of matters, for the purposes of documents, including— (i) the form of certifications, and (ii) the classes of persons who may certify those matters, and (iii) any supporting evidence and retention requirements, (d) the retention of documents supporting or authenticating documents generally, including periods of retention, (e) the classes of conveyancing transactions that must be lodged electronically, (f) the obligations of persons lodging documents (including warranties and representations), (g) the execution and attestation of documents that give effect to conveyancing transactions (including providing for certification, authentication or other alternatives to execution or attestation to prove or establish such transactions), (g1) the way that consent may be given to the registration of caveats, dealings and documents, (h) any other matter that by this Act or the regulations is required or permitted to be dealt with by the conveyancing rules. (2) Publication of conveyancing rules The Registrar-General must ensure that the following are publicly available— (a) the current conveyancing rules, (b) all superseded versions of the conveyancing rules. (3) The conveyancing rules, and any changes to them, must be made publicly available at least 20 business days before the conveyancing rules or, as the case requires, the changes take effect. (4) However, changes to the conveyancing rules may take effect within a shorter period (including immediately on being made publicly available), if the Registrar-General is satisfied that the changes need to take effect urgently because an emergency situation exists. (5) For the purposes of subsection (4), an emergency situation exists if the Registrar-General considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an Electronic Lodgment Network or the Register or the land titles system is being, or is likely to be, jeopardised. (6) Documents may be made publicly available in accordance with this section in any manner the Registrar-General considers appropriate, including (without limitation) by means of a website. (7) It is sufficient compliance with subsection (2) (b) if a superseded version of the conveyancing rules (other than the most recently superseded version) is publicly available only on request made to the Registrar-General. (8) Compliance with conveyancing rules A person lodging a document giving effect to a conveyancing transaction must comply with the conveyancing rules. (9) The Registrar-General— (a) may refuse to accept or register, or may reject, a conveyancing transaction that does not comply with the requirements of the conveyancing rules relating to the transaction, and (b) if the Registrar-General is satisfied that a person has contravened the conveyancing rules—may do either or both of the following— (i) suspend any right or other entitlement of the person to lodge documents giving effect to conveyancing transactions, for a period not exceeding 21 days, for a particular contravention, (ii) impose such conditions on any right or other entitlement of the person to lodge documents giving effect to conveyancing transactions as the Registrar-General considers appropriate so as to prevent further contraventions. (10) The Registrar-General may waive compliance with all or any provisions of the conveyancing rules if the Registrar-General is satisfied that granting the waiver is reasonable in all the circumstances. (11) A waiver under subsection (10) may— (a) be total or partial, and (b) apply generally to all persons or conveyancing transactions, or be limited in its application to particular persons or conveyancing transactions or particular classes of persons or conveyancing transactions, and (c) apply generally or be limited in its application by reference to specified exceptions or factors, and (d) apply indefinitely or for a specified period, and (e) be unconditional or subject to conditions or restrictions. (12) Effect on other legislative provisions Nothing in this section limits any other power conferred on the Registrar-General by another provision of this Part or any other Act. 12F Lodgment rules (1) The Registrar-General may make rules (lodgment rules), not inconsistent with a relevant Act or the regulations under a relevant Act, for or with respect to any of the following— (a) the lodgment of documents under or for the purposes of a relevant Act, including requirements as to the preparation, form and content of documents and the procedures to be followed in connection with the lodgment of documents, (b) the procedure for the making of any application in connection with the provision of titling and registry services, (c) business operating hours for the purposes of the provision of titling and registry services, (d) any other matter that is required or permitted to be the subject of lodgment rules by a provision of a relevant Act or the regulations under a relevant Act. Note— Requirements of the lodgment rules are requirements made under this Act. Section 39 of this Act provides for the rejection of documents that do not comply with such a requirement. Section 195B of the Conveyancing Act 1919 makes similar provision. (2) The lodgment rules cannot make provision for or with respect to matters for or with respect to which conveyancing rules may be determined. (3) A lodgment rule must be published in the Gazette and commences on the day or days specified in the lodgment rule. Commencement is to be no earlier than 20 business days after the day on which the lodgment rule is published in the Gazette unless the Minister approves of an earlier commencement in a particular case (but no earlier than the date of publication of the lodgment rule in the Gazette). (4) A lodgment rule may also be published on a website maintained by the Registrar-General or in such other manner as the Registrar-General considers appropriate. (5) The power to make lodgment rules includes the power to amend or repeal the rules. (6) In this section— document includes dealing, plan, application, caveat and memorandum. relevant Act means this Act or any other Act under which titling and registry functions are exercised. Part 3 Crown lands and lands acquired from the Crown to be subject to the Act 13 Application of this Part (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 Land Acts (as defined in the Crown Land Management Act 2016) 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 Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016, 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, the Department of Industry 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. 13G Recordings in Register (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 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 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 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 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. (5) In subsections (3) and (4), public document includes a memorandum which has been distinctively numbered and filed or recorded in the Register. (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 Land Management Act 2016, the Registrar-General shall make such recordings in the Register as the Registrar-General considers appropriate. (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), (4) (Repealed) 13I Revocation of reserves 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 5 of the Crown Land Management Act 2016 or the grant of a purchase application within the meaning of Schedule 4 to that Act, the Minister administering that Act imposes a restriction on use or public positive covenant under Division 5.10 of that Act, the Registrar-General is to record the restriction on use or covenant in the relevant folio of the Register. (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, the Department of Industry 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, the Department of Industry 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. Part 4 Applications to bring land under the Act and proceedings thereon Division 1 Applications 14 Application to bring land under the Act Editorial note— See Conveyancing Act 1919, sec 136 (3). (1) Land not subject to the provisions of this Act may be brought under its provisions. (2) Subject to this section, a primary application may be made by— (a) a person claiming to be the person in whom is vested an estate in fee simple either at law or in equity in the land to which the application relates, (b) a person claiming, in the land to which the application relates, an estate in possession, or in reversion, or in remainder, or a leasehold for a life or for lives or a leasehold having a term of not less than twenty-five years current at the time of making the application, or (c) a person having the power to appoint an estate or interest referred to in paragraph (a) or (b) in the land to which the application relates, if the person obtains the consent of any other person whose consent to the exercise of the power is required and directs that the object of the power be named as proprietor in the folio of the Register to be created for that land. (3) A primary application may not be made— (a) by a person who has contracted to purchase the land to which the application relates, unless— (i) the vendor consents in writing to the application, or (ii) the whole of the purchase money has been paid to the vendor or the vendor's authorised agent, (b) by a person claiming to be entitled to a share of or interest in the land to which the application relates, unless the person entitled to the other share or shares or to any other interest or interests joins in the application for the purpose of bringing the entirety thereof under the provisions of this Act, (c) by a mortgagor of the land to which the application relates, unless the mortgagee joins in or consents to the application, (d) by a mortgagee of the land to which the application relates, unless— (i) the mortgagor joins in or consents to the application, or (ii) the Registrar-General is satisfied that the mortgagor is in default under the terms of the mortgage, (d1) where the land to which the application relates is subject to a covenant charge, unless the covenant chargee consents to the application, or (e) by an execution debtor named in a writ that has been registered in the Register of Causes, Writs and Orders affecting land, unless the execution creditor consents to the application. (4) A primary application shall be in the approved form and shall be accompanied by such evidence and documents of title as the Registrar-General may require. (5) Subject to subsection (7), an easement or profit à prendre expressly created as appurtenant to land the subject of a primary application or to land under the provisions of this Act may be the subject of, or may be included in, a primary application. (6) Where an easement or profit à prendre is, pursuant to a primary application, brought under the provisions of this Act, the Registrar-General shall make any necessary recordings in the Register. (7) No folio of the Register shall be created for an easement or profit à prendre alone. (8) In this section, land not subject to the provisions of this Act shall be deemed to include land comprised in a qualified folio of the Register, and an application for the creation of an ordinary folio of the Register in respect of any such land may be made— (a) by the registered proprietor of the land, (b) by any other person referred to in subsection (2), or (c) where a mortgage or charge is recorded in the qualified folio of the Register, by the mortgagee or chargee thereunder. (9) An application under subsection (8) may be made and dealt with in accordance with the provisions of this Part subject to such modifications as to the Registrar-General may seem appropriate. (10) Without prejudice to the operation of subsection (9), an application made under subsection (8) in respect of land comprised in a qualified folio of the Register shall, where that folio is a limited folio, be accompanied by— (a) a plan of survey complying with the regulations or the lodgment rules and adequately defining the boundaries of the land, and (b) such evidence as the Registrar-General may require relating to any adverse possession of the whole or any part of the land. (11) The Registrar-General may, pursuant to an application under subsection (8)— (a) cancel the qualified folio of the Register for the land and create an