Office Circular No. 4-2012

The Land Titles Amendment Act 2012 (Amendment Act) received Royal Assent on 13 November 2012.

The Amendment Act amends the Land Titles Act 1980 (the Act) to reflect changes in practice and changes in technology since 1980, to extend electronic lodgment of dealings, and provide for consistency between provisions.

The Amendment Act contains the following amendments:

• amendment of the Assurance Fund provisions to allow the Minister to approve claims to the value of $10 000 or less without recourse to the Governor-in-Council, as is now the case;
• the introduction, in specific instances, of the cancellation of caveats. A registered proprietor is able to apply for the cancellation of a caveat without lodging a dealing;
• amendment of section 142 to improve the procedure for holding an inquiry into boundary rectifications, introduce an investigation process, specify when the Recorder of Titles of his/her own motion can apply under section 142, and clarify when section 142 applies to sealed plans under the Local Government (Building and Miscellaneous Provisions) Act 1993;
• inclusion of a general power for the Recorder of Titles to require advertisements and notices where the Recorder considers it necessary;
• provision is made to extend electronic lodgment of dealings to any dealing or instrument able to be lodged under this or any other Act.

The Amendment Act improves the practical application of the Act and updates the Act in order to benefit from changes in technology and practice.

This will achieve improved performance during the examination and registration processes, and maintain the Register.

The amended Land Titles Act 1980 can be accessed at the Tasmanian Government's legislation website www.thelaw.tas.gov.au


ALICE KAWA
Recorder of Titles


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