Transfer of Land (Amendment) Act 2001

i Transfer of Land (Amendment) Act 2001 Act No. 49/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Crown grants in fee not to be in duplicate 2 5. Powers not to create certificates of title 3 6. Destruction of certificates of title 3 7. Power not to destroy certificates of title 3 27BA. Power not to destroy certain certificates of title 3 8. Crown grants converted to folios of the Register 4 9. Regulation-making powers for fees etc. 5 10. Consequential amendment to Land Act 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Transfer of Land (Amendment) Act 2001 † [Assented to 27 June 2001] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Transfer of Land Act 1958— (a) in relation to the conversion of Crown grants to folios of the Register; and Victoria No. 49 of 2001 -- 2 of 8 -- Act No. 49/2001 Transfer of Land (Amendment) Act 2001 2 (b) to give further powers to the Registrar of Titles in relation to— (i) destroying certificates of title which are no longer current; and (ii) producing certificates of title for folios of the Register which will be immediately amended, substituted or deleted; and (c) to provide for power to make regulations relating to differential amounts, fees and charges in certain circumstances. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the Transfer of Land Act 1958 is called the Principal Act. 4. Crown grants in fee not to be in duplicate (1) In section 8 of the Principal Act, for sub-section (2) substitute— "(2) The Crown grant of that land— (a) must be delivered to the Registrar; and (b) in the case of a Crown grant by way of perpetual lease or for years, must be in duplicate.". s. 2 See: Act No. 6399. Reprint No. 13 as at 26 August 1999 and amending Act No. 74/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 8 -- Act No. 49/2001 Transfer of Land (Amendment) Act 2001 3 (2) In section 8 of the Principal Act, sub-section (3) is repealed. 5. Powers not to create certificates of title (1) In section 27B(7) of the Principal Act, for "On—" substitute "Subject to sub-section (7A), on—". (2) In section 27B of the Principal Act, after sub- section (7) insert— "(7A) The Registrar is not required to produce a certificate of title for a folio of the Register if that folio is to be amended, substituted or deleted and a new folio immediately created.". 6. Destruction of certificates of title (1) In section 27(11)(b) of the Principal Act, after "call in and" insert ", subject to section 27BA,". (2) In section 27B(9) of the Principal Act, after "call in and" insert ", subject to section 27BA,". (3) In section 27B(11) of the Principal Act, for "must destroy" substitute ", subject to section 27BA, must destroy". 7. Power not to destroy certificates of title After section 27B of the Principal Act insert— "27BA. Power not to destroy certain certificates of title (1) If a folio of the Register has been deleted, the Registrar is not required to destroy the certificate of title for that folio if the Registrar ensures that the certificate of title is marked, stamped or otherwise rendered unusable to support any further transaction in relation to land. (2) The Registrar may return a certificate of title which has been rendered unusable to support s. 5 -- 4 of 8 -- Act No. 49/2001 Transfer of Land (Amendment) Act 2001 4 any further transaction in relation to land to the last registered proprietor shown on the deleted folio of the Register to which that certificate of title relates.". 8. Crown grants converted to folios of the Register (1) In section 28(1) of the Principal Act, after "Crown grants" insert "by way of perpetual lease or for years". (2) In section 28 of the Principal Act, after sub- section (1) insert— "(1A) On receipt of a Crown grant in fee, in accordance with section 8, the Registrar must— (a) register the Crown grant; and (b) create a folio of the Register for the land to which the Crown grant relates; and (c) cancel the Crown grant. (1B) When, in accordance with this Act, a certificate of title is created for the folio of the Register relating to the land referred to in sub-section (1A) for delivery to the person entitled to that certificate, the Registrar must forward to that person a copy of the applicable conditions, exceptions and reservations relating to that land as contained in the Crown grant.". (3) In section 28 of the Principal Act, for sub-section (3) substitute— "(3) If a prescribed authority is registered as the proprietor of an estate in fee in land under the operation of this Act, unless the prescribed authority makes a request to the s. 8 -- 5 of 8 -- Act No. 49/2001 Transfer of Land (Amendment) Act 2001 5 contrary, it is not necessary for a certificate of title to be produced for the prescribed authority, and the provisions of this Act shall apply in relation to the land with any modification required by this section.". (4) In section 28(5) of the Principal Act, for "sub- section (1)" substitute "this section". 9. Regulation-making powers for fees etc. In section 120 of the Principal Act, after sub- section (2) insert— "(3) Regulations made under sub-section (2)(a), (2)(aa) or (2)(c) may— (a) vary according to differences in time, place or circumstance; and (b) provide for different amounts, fees, charges and expenses for— (i) different activities or classes of activities; or (ii) different cases or classes of cases; or (iii) different modes of providing any service in respect of which those amounts, fees, charges or expenses apply.". 10. Consequential amendment to Land Act s. 9 -- 6 of 8 -- Act No. 49/2001 Transfer of Land (Amendment) Act 2001 6 In section 371 of the Land Act 1958, omit "in duplicate" (where twice occurring). ═══════════════ See: Act No. 6284. Reprint No. 9 as at 24 September 1998 and amending Act Nos 76/1998, 85/1998, 30/2000, 69/2000 and 74/2000. LawToday: www.dms. dpc.vic. gov.au -- 7 of 8 -- Act No. 49/2001 Transfer of Land (Amendment) Act 2001 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 May 2001 Legislative Council: 13 June 2001 The long title for the Bill for this Act was "to amend the Transfer of Land Act 1958 in relation to the powers of the Registrar of Titles with respect to the creation and deletion of folios of the Register, to provide for the fixing of differential fees by regulation, to make consequential amendments to the Land Act 1958 and for other purposes." Endnotes -- 8 of 8 --