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Customer Information Bulletin

TITLE REGISTRATION SERVICES (Land Registry) No 77 December 2000
283 Queen St, Melbourne 3000 PO Box 500 East Melbourne Victoria 3002 / Tel 03 9603 5555 / Fax 03 9603 5556 / DX 250639 ISSN 1441-1504

Note: This document has been amended in “The Subdivision (Body Corporate) (Interim) Regulation 2000; Summary of the New Law” point 2.

• Most of the new forms need to be signed by the applicant, being the relevant Body Corporate or sealed by the Body Corporate.
• Most of the new forms need to be signed by the applicant, or sealed by the Body Corporate.

Contents

• Conversion Plans Pursuant to Section 98CA(1) Transfer of Land Act 1958 (TLA)
• Lease Pursuant to Section 66 TLA
• Application by Legal Personal Representative Section 49 TLA
• Recording the Transferee as a Legal Personal Representative of a Deceased Person
• Caveator Notices
• The Subdivision (Body Corporate) (Interim) Regulations 2000
• Return of Paper (Parchment) Duplicate Titles
• Subdivision (Procedures) Regulations 2000

In line with the ongoing review of practices within Title Registration Services, Land Registry, the following changes have been made to current practices in order to reduce processing times.

Conversion Plans Pursuant to Section 98CA(1) Transfer of Land Act 1958 (TLA)

Duplicate Instruments
The requirement that duplicate Service Agreements, Charges, Mortgages, Leases and Sub-leases be produced when a Conversion Plan is lodged has been removed. The Registrar has decided that he will no longer require these instruments to be lodged when lodging a Conversion Plan.

This means that from 1 December 2000, duplicates of these instruments WILL NO LONGER BE REQUIRED to be lodged when lodging a Conversion Plan.

Where the original of these documents is lost or destroyed and cannot be produced on lodgement of a Conversion Plan, an application may be made to the Registrar under Section 31 TLA for its replacement.

Application by a Legal Personal Representative (Section 49(4), TLA) to dispense with its production may be lodged.

Leases Pursuant to Section 66 TLA
An increasing number of leases are being lodged that do not conform with Form 26 as set out in the Transfer of Land (General) Regulations 1994.

As from 1 January 2001, leases that do not conform with Form 26 will not be accepted for lodgment in this office.

Where leases are lodged in duplicate or triplicate, each copy must be the same as the original.

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Application by Legal Personal Representative – Section 49 TLA
At present, supporting evidence for an application by Legal Personal Representative can be satisfied by two means:

• A certified copy of the front page of the probate or letters of administration;
• A statutory declaration by someone with means of knowledge which states that the applicant is the Legal Personal Representative together with other statements to support this.

An increasing number of statutory declarations are not being completed correctly, with panels not being completed and limitations not being set out.

To ensure it is properly evidenced that the applicant is the Legal Personal Representative, and to reduce the number of requisitions, the following must be provided in support of an application from 1 January 2001:

• A certified copy of the front page of the grant of probate or letters of administration; OR
• A statutory declaration by someone with means of knowledge which states that the applicant is the Legal Personal Representative together with a copy of the front page of the grant exhibited to the statutory declaration. (NOTE the copy need not be certified.)

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Recording the Transferee as a Legal Personal Representative of a Deceased Person
Section 49 TLA authorises the Registrar to record the Legal Personal Representative of a deceased registered proprietor as proprietor of land owned by the deceased. As provided in the only section in the Act which deals with such matters, the recording is of a representative capacity.

Section 49 TLA authorises the recording of a Legal Personal Representative of a deceased registered proprietor.

Section 173	Planning and Environment Act – Agreement
Section 162	Building Act – Agreement
Section 110	Planning and Environment Act – Statement compensation paid
Section 183	Planning and Environment Act – Remove
Section 64	Housing Act – Declaration and Removal of Declaration Land Tax Act – Charge
Section 20	Vermin and Noxious Weeds Act – Charge
Section 32(2)	Gift Duty Act – Charge
Section 67(2)	Housing Act – Charge
Section 21(4)	Crimes (Confiscation of Profits) Act – Charge
Section 16	Crimes (Confiscation of Profits) Act – Restraining Order
Section 18	Confiscation Act – Order
Section 43(2)	Proceeds of Crime Act (Commonwealth) – Order
Section 47	Legal Aid Commission (Amendment) Act – Charge
Section 9	Retirement Village Act – Retirement Village Notice
Section 29	Retirement Village Act – Charge
Section 8	Forest Rights Act – Agreement
Section 89	Conservation Forests and Lands Act – Agreement
Section 3A	Conservation Trust Act – Covenant
Section 90	Domestic Building Contracts and Tribunal Act – Order
Section 41	Historical Building Act – Recording Covenant
Section 91(2)	Heritage Act 1995 Recording Covenant
Section 86	Acquisition and Compensation Act – APA Notice of Intention

The Subdivision (Body Corporate) (Interim) Regulation 2000 (“The Interim Regulations”)

Background The Subdivision (Body Corporate) Regulations 1989 (“the Old Regulations”) expired on 16 October 2000. They were replaced by the Interim Regulations, which came into effect on 17 October 2000 and are due to expire on 16 April 2001.

The Interim Regulations make a number of changes to the Old Regulations.

Summary of the New Law

1. The Interim Regulations have created new forms. You must ensure that you use the new forms, which can be found in the Schedule to the Interim Regulations. Land Registry is unable to accept any old forms.The only exception to this is that Land Registry will accept an old Form 3 providing notification that the rules of a Body Corporate were changed or adopted prior to 17 October 2000. In this case, Land Registry would need evidence confirming the date on which the rules were made, amended, or revoked. It may be possible to do this by providing a copy of a minute of the meeting at which it was resolved that the rules be made, amended, or revoked.
2. Most of the new forms need to be signed by the applicant, or sealed by the Body Corporate. The exceptions are new Form 2, which must be sealed by the Body Corporate and new Form 5, which is being signed by the Body Corporate’s delegate. In this case, the delegate should print his/her full name next to his/her signature and state that s/he is a delegate of the Body Corporate.
3. A Body Corporate’s common seal must be affixed in the presence of two members of the Body Corporate, who must sign when the seal is affixed. This function cannot be delegated. In addition, the common seal can only be affixed in accordance with a resolution of the Body Corporate. Reference to this resolution should form part of any attestation clause.
   Acceptable execution clauses would be as follows:
   i) “The Common Seal of Body Corporate [No.] Plan No [No.] was hereto affixed in accordance with Regulation 310 of the Subdivision (Body Corporate) (Interim) Regulations 2000 and in accordance with a special resolution dated [date] in the presence of:”
   Member of Body Corporate
   Member of Body Corporate
   Or in the case where there is only one member of the Body Corporate:
   ii) “The Common Seal of Body Corporate [No.] Plan No [No.] was hereto affixed in accordance with Regulation 310 of the Subdivision (Body Corporate) (Interim) Regulations 2000 and in accordance with a special resolution dated [date] in the presence of the sole member of the Body Corporate:”
   “Sole Member of Body Corporate”
   must be the sole registered proprietor of all units/lots
   Where a witnessing member or the sole member is a company, in addition to the Body Corporate’s seal, the company should execute the document in accordance with Section 127(1) of the Company Law Review Act 1998. See Customer Information Bulletin No 72, December 1998 for further information.
   
   Return of Paper (Parchment) Duplicates Titles
   Land Registry is to commence a process on 15 January 2001 where duplicate titles will be returned to the customer, following their replacement by a computer title.
   The significance of this decision arises from customer requests for the return of these historical documents for family and personal reasons.
   The paper duplicate title will be returned for all titles presented for transaction where the paper duplicate title has been progressively replaced and electronically destroyed due to the transformation to a computer title.
   The paper duplicate title will be delivered along with the computer title at the completion of the transaction and will be clearly marked as follows:
   “DESTROYED – CANNOT BE USED FOR ANY LEGAL PURPOSE”

Background

The Subdivision (Procedures) Regulations 1989 (“the Old Regulations”) have been replaced by the Subdivision (Procedures) Regulations 2000 (“the New Regulations”), which came into effect on 10 October 2000.

Summary of new Law

1. A copy of the New Regulations can be accessed at the following web site: www.dms.dpc.vic.gov.au. You then need to select the following: “Law Today”, “continue”, “S” and then scroll down to the heading “Statutory Rules”.
2. The Old Regulations contained example plans. These have been removed from the New Regulations and they can now be found in the Survey Practice Handbook Victoria (located in the Survey Section of land.vic.gov.au under Products and Services). The Handbook is no longer produced in hard copy.
3. Land Registry is able to accept the old application forms until 10 April 2001. Please note that the New Regulations amend some of the forms and that many have been renumbered.
4. A statement of compliance issued under the Old Regulations will be valid for the life of the plan, that is, five years.
5. The New Regulations require that all Bodies Corporate be numbered, even where a plan contains only one. This is to avoid any possible ambiguity, which could arise if further Bodies Corporate are created in the same plan at some time in the future. It is strongly recommended that Common Properties should also be numbered for the same reason.

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Customer Information Bulletin on E-Mail

If you are currently on the mailing list to receive the Title Registration Services (Land Registry) Customer Information Bulletin but would like to receive it electronically by e-mail, please contact Sally Lynch of Land Registry’s Communications Unit on sally.lynch@dse.vic.gov.au, telephone 9603 5480 or fax 9603 5400.

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This publication may be of assistance to you but the state of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.

This document was reviewed on 8/06/2004.

© The State of Victoria, 2007