New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts--Real Property (Torrens Assurance Fund) Amendment Act 1992Real Property Amendment Act 1996Real Property Amendment Act 1998Real Property and Conveyancing Legislation Amendment Act 1999Real Property Amendment (Compensation) Act 2000Real Property and Conveyancing Legislation Amendment Act 2009Real Property Amendment (Land Transactions) Act 2009State Revenue Legislation Amendment Act 2010 , to the extent that it amends this Act and the regulation under this ActReal Property Amendment (Torrens Assurance Levy Repeal) Act 2011Real Property Amendment (Public Lands) Act 2012any other Act that amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
A reference to section 46A in any other Act or in any instrument, whether or not made under an Act, is taken to be--
(a) in relation to anything done before the commencement of the Real Property (Amendment) Act 1970 , a reference to section 46A as in force when the thing was done, or
(b) in relation to anything done after that commencement but before the commencement of Schedule 1 [6[#93] to the Property Legislation Amendment Act 2005 , a reference to section 31A (Creation of folio for resumed land).
On the commencement of the Real Property (Torrens Assurance Fund) Amendment Act 1992 , any liability of the Consolidated Fund under Part 14 becomes a liability of the Torrens Assurance Fund established under section 133A.
Section 129, as substituted by the Real Property (Torrens Assurance Fund) Amendment Act 1992 , extends to a claim that arose before the commencement of that Act.
Section 28ME, as inserted by the Real Property Amendment Act 1996 , applies in respect of the cancellation of a caution to which that section applies whether the qualified folio on which the caution is recorded was created before or after the commencement of that section.
Section 74P, as amended by the Real Property Amendment Act 1996 , does not apply in respect of a caveat lodged before the commencement of that amendment.
In this Part--
"amending Act" means the Real Property and Conveyancing Legislation Amendment
Act 1999 .
Section 74LA, as inserted by the amending Act, applies to orders made by the Supreme Court before the commencement of that section and in force immediately before that commencement in the same way as it applies to orders made after that commencement.
Section 97, as amended by the amending Act, does not apply to or in respect of a dealing lodged, but not registered or recorded, immediately before the commencement of this clause.
(1) Section 135J, as in force immediately before the commencement of this clause, continues to apply in respect of a request made under that section before that commencement.
(2) The Land and Environment Court has jurisdiction to deal with a referral arising out of a request referred to in subclause (1) as if the Land and Environment Court Act 1979 was not amended by the amending Act.
In
this Part,
"amending Act" means the Real Property Amendment (Compensation) Act 2000 .
Part 14 of this Act, as in force immediately before the commencement of Schedule 1 [12[#93] to the amending Act, continues to apply to and in respect of proceedings commenced before that commencement as if the amending Act had not been enacted.
Section 129 of this Act, as in force immediately before the commencement of Schedule 1 [12[#93] to the amending Act, continues to apply to and in respect of a claim referred to in subsection (1) of that section, being a claim made before that commencement, as if the amending Act had not been enacted.
Parts 13 and 14 of this Act, as substituted by Schedule 1 [12[#93] to the amending Act, apply to and in respect of any matter in respect of which proceedings are commenced on or after the commencement of those Parts, including any matter that occurred before that commencement.
The Torrens Assurance Fund referred to in section 134 of this Act (as inserted by Schedule 1 [12[#93] to the amending Act) is a continuation of the Torrens Assurance Fund referred to in section 133A of this Act (as in force immediately before the repeal of that section by Schedule 1 [12[#93] to the amending Act).
Section 146 (as inserted by Schedule 1 [13[#93] to the amending Act) extends to acts and omissions that occurred before the commencement of that section.
In this
Part,
"amending Act" means the Land Titles Legislation Amendment Act 2001 .
The provisions of Part 6A, as amended by the amending Act, apply in respect of possession of land before, as well as after, the date on which the amendments took effect.
The amendments made by the amending Act to section 55A apply only in respect of applications for registration of a variation that are made under that section after the date on which the amendments took effect.
Sections 74I, 74J and 74JA, as in force immediately before the commencement of Schedule 1.25 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2002 , continue to apply to and in respect of applications made under those sections before that commencement as if that Act had not been enacted.
In this Part,
"amending Act" means the Real Property and Conveyancing Legislation Amendment
Act 2009 .
Section 56C, as inserted by the amending Act, does not apply in respect of any mortgages accepted for lodgment before the insertion of that section.
Sections 129A and 129B, as inserted by the amending Act, do not apply in respect of claims lodged before the insertion of those sections but extend to claims lodged after such insertion regardless of whether the loss or damage occurred before or after such insertion.
Section 132 (2), (2A) and (3), as substituted, inserted and amended, respectively, by the amending Act, do not apply in relation to a matter if administrative proceedings were determined in that matter before the substitution, insertion or amendment.
(1) Sections 39 (1C) and 117 (1A) or (1B), as inserted by the Real Property Amendment (Land Transactions) Act 2009 , apply in respect of a dealing only if the relevant date for that dealing occurs after the commencement of the relevant subsection.
(2) In this clause,
"relevant date" means--(a) if a contract has resulted in the execution of the dealing--the date of the contract, or(b) in any other case--the date of the acquisition of the land or other event that gave rise to the dealing concerned.
In this Part--
"amending Act" means the Real Property Amendment (Torrens Assurance Levy
Repeal) Act 2011 .
"Torrens assurance levy" means a levy paid under--
(a) section 134A of this Act (as in force before its repeal by the amending Act), or
(b) clause 26 of this Schedule.
(1) Despite the repeal of clauses 12A and 18A and Part 2 of Schedule 1 to the Real Property Regulation 2008 by Schedule 2 to the amending Act, a levy is payable as if those provisions had not been repealed in respect of any dealing that is--(a) a transfer executed to give effect to a contract for the sale of land entered into on or after 1 July 2010 but before 1 July 2011, and(b) lodged with the Registrar-General on or after 1 July 2011.
(2) No levy is payable pursuant to subclause (1) in respect of any dealing lodged with the Registrar-General after the commencement of this subclause (as inserted by the Land and Property Information NSW (Authorised Transaction) Act 2016 ).
(1) The Minister (after consultation with the Treasurer) may direct that all or a proportion of amounts that have been paid to the Registrar-General as Torrens assurance levies are to be paid into the Torrens Assurance Fund.
(2) The Minister may make such a direction at any time after the levies are paid into the Consolidated Fund, in which case the amounts are to be paid into the Torrens Assurance Fund without further appropriation.
An application made under section 121 (Registrar-General to supply reasons for certain decisions) before the substitution of that section by the Land and Property Information NSW (Authorised Transaction) Act 2016 is to be dealt with as if that Act had not been enacted, and section 122 (Review of decisions by Supreme Court) continues to apply in respect of such an application as if that Act had not been enacted.
Section 124 (Registrar-General may state case for Supreme Court) continues to apply to and in respect of a case stated under that section before the substitution of that section by the Land and Property Information NSW (Authorised Transaction) Act 2016 as if that Act had not been enacted.
In this Part--
"amending Act" means the Real Property Amendment (Certificates of Title) Act
2021 .
"cessation day" has the meaning given by clause 31(1) of this Schedule.
(1) The Registrar-General may, by order published in the Gazette, declare that the Registrar-General will cease to issue certificates of title under this Act on a specified day (the
"cessation day" ).
(2) The cessation day must be no earlier than the first day after the end of the period of 3 months, beginning with the day on which the order referred to in subclause (1) is published in the Gazette.
(3) On and from the cessation day--(a) the Registrar-General is no longer required to issue certificates of title under this Act or any other Act, and(b) a certificate of title previously issued has no force or effect for the purposes of a requirement, whether made under this Act or any other Act, for the lodgment or production of a certificate of title that is imposed in connection with the registration of a matter.
(1) This clause applies to a dealing that--(a) is lodged with the Registrar-General before the cessation day, and(b) is not registered by the cessation day, and(c) at the time of lodgment required a certificate of title for registration.
(2) A dealing to which this clause applies is to be dealt with under the requirements that applied when the dealing was lodged with the Registrar-General.
(3) If a dealing is withdrawn and relodged--(a) subclause (2) does not apply, and(b) the dealing is to be dealt with under the requirements that apply when it is relodged.
(1) Subject to the State Records Act 1998 , the Registrar-General may--(a) destroy a paper document that the Registrar-General is not under a duty to deliver or issue to a person, whether or not it is part of the Register, or(b) deliver a paper document that the Registrar-General is empowered to destroy under paragraph (a) to a person who, in the Registrar-General's opinion, intends to preserve it for historical purposes.
(2) Before destroying a document under subclause (1)(a) the Registrar-General must make a reproducible copy of the document if--(a) for a document is part of the Register--it evidences a subsisting interest, or(b) for a document that is not part of the Register--the Registrar-General would, but for subclause (1)(a), have a duty to preserve it.
(3) The Registrar-General must preserve a reproducible copy of a document referred to in subclause (2)(a) or (b) for as long as the interest evidenced by the document subsists or for as long as the Registrar-General would, but for subclause (1)(a), have had a duty to preserve the document.
(4) If a reproducible copy of a document is preserved under subclause (3) and that document would, if it had not been destroyed under subclause (1)(a), be part of the Register, whether for all purposes or for the purpose only of section 96B, the reproducible copy is part of the Register for all purposes or for that purpose.
(5) In this clause--
"reproducible copy" means a copy of a document that is captured and kept in a way that enables the document to be reproduced.
The repeal of section 46B of this Act by the amending Act has no effect on any title to land that had previously been validated by that section.
The repeal of section 46C(4) of this Act by the amending Act has no effect on--
(a) the validity of any recording in the Register that was deemed by that section to have been authorised, or
(b) the validity of the issue of any certificate of title that was deemed by that section to have been validly issued.