Amendments to Land Title Act 1994

The Land Title Act has been updated with a range of amendments.

The Land, Water and Other Legislation Amendment Act 2013, and the Electronic Conveyancing National Law (Queensland) Act 2013, made a range of amendments to the Land Title Act 1994. These amendments took effect on 14 May 2013 or 17 May 2013, other than an amendment to section 59 which commenced on 1 July 2013.

Both Acts, as passed, may be viewed online through the Office of Queensland Parliamentary Counsel’s internet site:

http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC023.pdf and http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/ElecConNLQA13.pdf

The following provides a brief overview of certain changes to the Land Title Act 1994 that may affect titles registry customers:

  •  Amendments to various provisions to facilitate the future lodgement of electronic conveyancing documents. These amendments have no effect on current practice. They include amendments to a number of sections, insertion of Part 2 Division 2A relating to Electronic Conveyancing documents, and new and amended definitions in Schedule 2 (Dictionary).
  •  Fee required to produce document under subpoena etc.
    Insertion of a new section 35A to require payment of any regulated fee for obtaining copies of documents from the register when the documents are required under a subpoena etc.
  •  Creation of non-tidal boundary (watercourse) by registration of a plan
    Amendments to section 51 to allow the creation of a non-tidal boundary (watercourse) by registration of a plan. This provision aligns with existing provisions regarding the dedication of other types of public use land.
  •  Dedication of road by notice
    Insertion of new Division 3A (section 54) to allow for the dedication of the whole of a lot as a road for public use, by registration of a dedication notice. A Form 14 General Request, accompanied by the approval of the relevant planning body (typically Form 18 General Consent) must be deposited to record the dedication notice. If the land to be dedicated is subject to any interests (easements, leases, profit a prendre etc.) the consent (Form 18 General Consent) of the grantee/lessee of that interest is also required to be deposited with the Form 14.
  •  Severing joint tenancy (commences 1 July 2013)
    Amendments to section 59 to alleviate the difficulty experienced by some persons wishing to utilise this section if they are unable to give a copy of the transfer to the other joint tenants, for example where a joint tenant cannot be located.
  •  Amending a lease
    Amendments to section 67 to clarify when an instrument of amendment may be registered to give effect to the exercise of an option in a registered lease. ue 115 02 July 2013
  •  Creation of easement over a registered lease
    Amendments to sections 82 and 83 to clarify the requirements for creating an easement over a registered lease and an amendment to section 90A to clarify when such an easement ends.
  •  High-density development easements
    Insertion of Part 6 Division 4AA to provide for the registration of high-density development easements. Minor consequential amendments have been made to other sections to exclude their application to this type of easement.
  •  Returning certificate of title for cancellation
    Amendment to section 154 to provide further exceptions to the requirement for the return of the certificate of title, being certain dealings with secondary interests.
  •  Other minor amendments to clarify or update provisions, including sections 47, 50, 51A, 81A, 105, 107, 112, 115N, 126, 128, 133, Schedule 1 and Schedule 2.
    The Land Title Practice Manual is currently being updated to incorporate the changes to Titles Registry practices.
    Enquiries
    Enquiries may be directed to the Titles Registry on (07) 3405 6900 or email titlesinfo@qld.gov.au.