Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

Schedule 4
Amendments to other Acts

s 65(4)

Omit from section 7(3) the words being not less than one month nor more than 12 months from the date of the first publication of the notice under paragraph (a) of subsection (1) of this section and substitute the words within the limits prescribed.

Omit from section 10(1) the words 3 months after the giving of the notice and substitute the words the prescribed period.

Omit from section 12(1) the words 3 months after the giving of the notice and substitute the words the prescribed period.

Omit from section 11(4) the words one month from the date of the last publication thereof and substitute the words the prescribed period.

Omit from section 17(5) the words 6 calendar months from the date of such notice and substitute the words the prescribed period.

Insert, in section 126A(1)(a) after the words burden of the covenant, the words and the land with the benefit of the covenant.

Omit from section 42(3) the words in Form N in the Second Schedule to the Land Transfer Act 1952.

Insert in section 42(3)(a), after the expression section 145, the words or section 145A.

Repeal section 223(3) and (4) and substitute:

  • (3) The principal officer or an authorised officer of the territorial authority must certify that a survey plan has been approved under this section.

  • (4) A certification under subsection (3) may be made either—

    • (a) by signing the plan or a copy of it; or

    • (b) by any other means that—

      • (i) identifies the person giving the certification and links the certificate to the survey plan; and

      • (ii) is as reliable as is appropriate to the purposes of this section.

  • (5) A certificate under subsection (3) is conclusive evidence that all roads, private roads, reserves, land vested in the authority in lieu of reserves, and private ways shown on the survey plan have been authorised and accepted by the territorial authority under this Act and under the Local Government Act 1974.

  • (6) Nothing in subsection (3) affects any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision.

Repeal section 224(a).

Insert in section 224(c), after the words stating that, the words , it has approved the survey plan under section 223 (which approval states the date of the approval), and.

Add to section 224(g) the expression ; and and add:

  • (h) less than 3 years has elapsed since the territorial authority approved the plan under section 223.