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©State of Queensland
QUEENSLAND
REAL PROPERTY ACT AMENDMENT ACT 1976, · No. 27
[Reprinted as at 1 July, 1981]
An Act to provide for the registration and the validation of the registration of certain plans of subdivision of land in the office of the Registrar of Titles and to amend the Real Property Act 1861-1974 in certain particulars
[Assented to 22 April, 1976]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. Short title. This Act may be cited as the Real Property Act
Amendment Act 1976. ·
2. Arrangement of Act. This Act is divided into Parts as follows:-
PART I-PRELIMINARY;
PART II-VALIDATION AND AUTHORIZATION OF REGISTRATION OF CERTAIN PLANS AND DEALINGS;
PART III-AMENDMENT OF REAL PROPERTY AcT 1861-1974.
PART II-VALIDATION AND AUTHORIZATION OF REGISTRATION OF CERTAIN PLAINS AND DEALINGS
3. Meaning of terms. In this Part, unless the contrary intention appears-
"local authority" means a local authority under the Local Gov- ernment Act 1936-1975 and includes the City of Brisbane as constituted under the City of Brisbane Act 1924-1974;
"Registrar of Titles" means the Registrar of Titles for the time being appointed under the Real Property Act 18·61-1974 including a local deputy Registrar ofTitles.
4. Authority to register plans of subdivision in absence of Local Authority approval. Where there is lodged or, at any time prior to the commencement of this Act, has been lodged in the office of the Registrar of Titles a plan of subdivision of land that at the time of such lodgment is not or was not in the Area of a Local Authority it shall be lawful and it is hereby declared always has been lawful for the Registrar of Titles to register that plan and to register any instrument dealing with land included in a subdivision evidenced by that plan notwithstanding that the approval of a Local Authority has not been given to that plan and notwithstanding a provision to the contrary of any Act passed prior to the commencement of this Act.
2 s. 5 REAL PROPERTY ACT AMENDMENT ACT 1976 5. Application of s. 4 to plan withdrawn and re-entered. ( 1 ) Where a plan of subdivision of land being one to which section 4 refers--
(a) is lodged or, at any time prior to the commencement of this Act, has been lodged in the office of the Registrar of Titles;
and
(b) subsequent to its lodgment, is or has been withdrawn from registration and re-entered for _registration in that office to secure the proper. order of priority of that plan of subdivision in relation to other documents lodged or to be lodged in that office,
then, for the purpose of applying section 4, the time of lodgment of the ·plan in the office· of the Registrar of Titles shall be taken to be the time of its initial lodgment in that office.
(2) Save as is prescribed by subsection ( 1), where a plan of sub- division of land is or, at .any time prior to the commencement of this Act, has been withdrawn from registration and re-entered for registration in the office of the Registrar of Titles the time of lodgment of the plan shall, for the purpose of section 4, be taken to be the time of its re-entry for registration.
Part HI (ss. 6-11) Amended Principal Act.
54561 i83-Govt. Printer, Qld.
