Title: Real Property Act 1886
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 22.6.2023 to 29.7.2026

Historical version: 22.6.2023 to 29.7.2026

Real Property Act 1886—22.6.2023 to 29.7.2026

22.6.2023 to 29.7.2026—Real Property Act 1886

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 1—Preliminary

22.6.2023 to 29.7.2026—Real Property Act 1886
Preliminary—Part 1

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 2—Objects of this Act

22.6.2023 to 29.7.2026—Real Property Act 1886
Objects of this Act—Part 2

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 3—The Lands Titles Registration Office

22.6.2023 to 29.7.2026—Real Property Act 1886
The Lands Titles Registration Office—Part 3

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 4—The bringing of land under the Act

22.6.2023 to 29.7.2026—Real Property Act 1886
The bringing of land under the Act—Part 4

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 5—Registration of title
Division 1—Registration of title in the Register Book

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Registration of title—Part 5
Registration of title in the Register Book—Division 1

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 5—Registration of title
Division 2—Registration of title by other methods

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Registration of title—Part 5
Registration of title by other methods—Division 2

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 5—Registration of title
Division 2A—Boundaries of registered land

22.6.2023 to 29.7.2026—Real Property Act 1886
Registration of title—Part 5
Boundaries of registered land—Division 2A

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 5—Registration of title
Division 3—General

22.6.2023 to 29.7.2026—Real Property Act 1886
Registration of title—Part 5
General—Division 3

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 6—The title of registered proprietors

22.6.2023 to 29.7.2026—Real Property Act 1886
The title of registered proprietors—Part 6

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 7—Certificates of title

22.6.2023 to 29.7.2026—Real Property Act 1886
Certificates of title—Part 7

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 7A—Title by possession to land under this Act

22.6.2023 to 29.7.2026—Real Property Act 1886
Title by possession to land under this Act—Part 7A

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 8—Easements

22.6.2023 to 29.7.2026—Real Property Act 1886
Easements—Part 8

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 9—Crown leases

22.6.2023 to 29.7.2026—Real Property Act 1886
Crown leases—Part 9

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 10—Transfers

22.6.2023 to 29.7.2026—Real Property Act 1886
Transfers—Part 10

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 11—Leases and surrenders

22.6.2023 to 29.7.2026—Real Property Act 1886
Leases and surrenders—Part 11

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 12—Mortgages, encumbrances, and discharges

22.6.2023 to 29.7.2026—Real Property Act 1886
Mortgages, encumbrances, and discharges—Part 12

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 13—Extensions

22.6.2023 to 29.7.2026—Real Property Act 1886
Extensions—Part 13

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 13A—Priority notices

22.6.2023 to 29.7.2026—Real Property Act 1886
Priority notices—Part 13A

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 14—Powers of attorney

22.6.2023 to 29.7.2026—Real Property Act 1886
Powers of attorney—Part 14

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 15—Trusts and transmissions

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Trusts and transmissions—Part 15

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 16—Caveats

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Caveats—Part 16

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 17—Ejectment

22.6.2023 to 29.7.2026—Real Property Act 1886
Ejectment—Part 17

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 18—The Assurance Fund

22.6.2023 to 29.7.2026—Real Property Act 1886
The Assurance Fund—Part 18

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 19—Special powers and duties of Registrar-General

22.6.2023 to 29.7.2026—Real Property Act 1886
Special powers and duties of Registrar-General—Part 19

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 19A—Rectification of certificates

22.6.2023 to 29.7.2026—Real Property Act 1886
Rectification of certificates—Part 19A

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 19AB—Division and amalgamation of allotments
Division 1—Preliminary

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Division and amalgamation of allotments—Part 19AB
Preliminary—Division 1

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 19AB—Division and amalgamation of allotments
Division 2—General procedures to be observed in relation to division of land

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Division and amalgamation of allotments—Part 19AB
General procedures to be observed in relation to division of land—Division 2

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 19AB—Division and amalgamation of allotments
Division 3—Amalgamation

22.6.2023 to 29.7.2026—Real Property Act 1886
Division and amalgamation of allotments—Part 19AB
Amalgamation—Division 3

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 19AB—Division and amalgamation of allotments
Division 5—Miscellaneous provisions

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Division and amalgamation of allotments—Part 19AB
Miscellaneous provisions—Division 5

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 20—Procedure and penalties

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Procedure and penalties—Part 20

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 20A—Client authorisation

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Client authorisation—Part 20A

Real Property Act 1886—22.6.2023 to 29.7.2026
Part 21—Miscellaneous

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Miscellaneous—Part 21

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 1—Transitional provisions

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Transitional provisions—Schedule 1

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 2—Application to bring land under the provisions of the Real Property Act 1886

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Application to bring land under the provisions of the Real Property Act 1886—Schedule 2

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 3—Caveat forbidding lands to be brought under the Real Property Act 1886

22.6.2023 to 29.7.2026—Real Property Act 1886
Caveat forbidding lands to be brought under the Real Property Act 1886—Schedule 3

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 5—A free and unrestricted right‑of‑way

22.6.2023 to 29.7.2026—Real Property Act 1886
A free and unrestricted right‑of‑way—Schedule 5

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 6—Short forms of easements and their interpretation

22.6.2023 to 29.7.2026—Real Property Act 1886
Short forms of easements and their interpretation—Schedule 6

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 16—Short forms of covenants and their interpretation

22.6.2023 to 29.7.2026—Real Property Act 1886
Short forms of covenants and their interpretation—Schedule 16

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 17—Short form of exception of mines and minerals and its interpretation

22.6.2023 to 29.7.2026—Real Property Act 1886
Short form of exception of mines and minerals and its interpretation—Schedule 17

Real Property Act 1886—22.6.2023 to 29.7.2026
Schedule 22—Summons by Registrar-General

22.6.2023 to 29.7.2026—Real Property Act 1886
Summons by Registrar-General—Schedule 22

Real Property Act 1886—22.6.2023 to 29.7.2026
Legislative history

22.6.2023 to 29.7.2026—Real Property Act 1886
Legislative history

South Australia
Real Property Act 1886
An Act to consolidate and amend the Real Property Act 1861, the Real Property Act Amendment Act 1878 and the Rights-of-Way Act 1881, and for other purposes.

Contents
Part 1—Preliminary
1	Short title
3	Interpretation
4	Repeal
5	Savings
6	Laws inconsistent not to apply
6A	Effect of section 6
7	Lands under previous Acts to be under this Act
8	Land not to be withdrawn
Part 2—Objects of this Act
10	Objects
11	Construction
Part 3—The Lands Titles Registration Office
12	Lands Titles Registration Office to be at Adelaide
13	Administration of Act
16	Exercise of powers of Registrar-General
17	Delegation
19	Solicitor not to engage in private practice
21	Seal of office
22	Fees etc
23	Accounts of Registrar-General and payment of moneys
23A	Payment of moneys received in trust
24	Registrar-General not to be liable for acts done bona fide
Part 4—The bringing of land under the Act
25	Land in two classes
26	Land on alienation from Crown to be under Act
27	Lands granted prior to the day on which this Act comes into operation may be brought into operation under this Act
28	Undivided shares and mortgaged land may not be brought under Act except upon conditions
29	Provisions as to surrender of documents etc
30	Statements to be verified by declaration
31	Application, how to be dealt with
32	Titles in three classes
33	Procedure under second class
34	Procedure under third class
35	Notice of application to be published
36	Second and third classes brought under this Act
37	How land to be brought under Act
38	Action to be taken on return of notices or failure of personal service
39	Caveat against bringing land under Act
40	If caveat be received within time limited, proceedings stayed
41	Applicant may withdraw his application
42	Documents of title, if they include other property, to be returned to applicant
43	Certificate to issue in name of deceased applicant proprietor or his nominee
44	Proceedings under caveat
45	Lapse of caveat
46	Reversion expectant on lease not to be extinguished
Part 5—Registration of title
Division 1—Registration of title in the Register Book
47	Registration of title in the Register Book
49	Folios in Register Book
51	Requirements of memorial
51A	Evidentiary
Division 2—Registration of title by other methods
51B	Registration of title electronically etc
51C	Issuing certificates of title
51D	Evidentiary
Division 2A—Boundaries of registered land
51E	Coordinated cadastre
Division 3—General
52	Record of registration
53	Retention of records
54	Form of instruments and manner of lodgement
55	Non-compliant documents may be registered or recorded
56	Priority of instruments
56A	Registration
57	Effect of registration or recording of instruments
59	Provision for registration in case of death of person
64	Power of court to direct cancellation of certificate or entry
65	Search allowed
66A	Lodgement of land grant
Part 6—The title of registered proprietors
67	Instruments not effectual until registration
69	Title of registered proprietor indefeasible
70	In other cases title of registered proprietor shall prevail
71	Saving of certain rights and powers
72	Knowledge of trust not evidence of want of bona fides
Part 7—Certificates of title
74	Joint tenants and tenants in common
75	Certificates for remainder and reversions
76	Mode of inheritance or succession shall be implied
77	Memorials on certificates
78	Issue of new certificate on application
78A	Issue of new certificate on alteration etc
Part 7A—Title by possession to land under this Act
80A	Application for certificate based on possession
80B	Application requirements
80C	Application how dealt with
80D	Requisitions
80E	Notice of application
80F	Caveats
80G	Power to issue certificates
80H	Cancellation of instruments
80I	Fees
Part 8—Easements
81	Certificates may contain statement of right-of-way or other easement
82	Description of easement
83	Registered proprietor not to be subject to rights-of-way not mentioned in certificate
84	Easement not binding on registered proprietor subsequently acquiring land bona fide for value unless entered on certificate of title
85	Land to be held free of rights-of-way
86	Public rights-of-way etc not within this Act
87	Certificates heretofore issued conclusive evidence of right-of-way therein described
88	Entry as to easement to be made on certificates of title
89	Short form of describing right-of-way
89A	Incorporation of long forms of easements in instruments
90	Deposit of plan showing rights-of-way
90A	Application of sections 90B, 90C, 90D, 90E and 90F
90B	Variation and extinguishment of easements
90C	Easement and servient land may be vested in same person
90D	Survey of easement
90E	No private right-of-way over public street or road
90F	Easement subject to existing mortgage etc
Part 9—Crown leases
90G	Interpretation
91	Interpretation of Crown lease
92	Person now holding under lease or agreement may surrender
93	Execution and registration of Crown Lease
94	Forfeiture etc of Crown Lease
95	Indefeasibility of title under Crown lease
95A	Evidentiary
95B	Operation of Part in relation to Crown leases and other instruments subject to other Acts
Part 10—Transfers
96	Transfers
96AA	Creation of easements by reservation
97	Transferee of land subject to mortgage or encumbrance to indemnify transferor
102	Memorial of order for sale of land for non-payment of rates
103	Registration of transfer hereunder
104	Discharge of memorial
105	Sale under writ of fieri facias or decree, warrant or order of court
106	Transfer not to be valid against purchaser until entry of writ
107	Transfer on sale under writ, warrant, decree or order
109	Satisfaction of writ, warrant, decree, or order
110	Lapse of writ, decree, warrant, or order
111	Transfer by registered proprietor to spouse etc
115A	Issue of certificate where land is vested by operation of law
Part 11—Leases and surrenders
116	Leasing of land
117	Contents of lease
118	Leases not to bind non-consenting mortgagees or encumbrancees
119	Lease for 1 year need not be registered
119A	Standard terms and conditions of lease
120	Lease may be surrendered by separate instrument
121	Registrar‑General may record surrender
122	Effect of entry of surrender
123	Surrender where lease subject to mortgage or under-lease
124	Covenants to be implied in every lease against the lessee
125	Powers to be implied in lessor
126	Registrar-General to note particulars of re-entry in Register Book
Part 12—Mortgages, encumbrances, and discharges
128	Mortgage of land
128A	Obligations of mortgagee
128B	Encumbrance of land
129	Contents of mortgage or encumbrance
129A	Standard terms and conditions of mortgage or encumbrance
130	Covenant to be implied in every mortgage
130A	Implied covenant in encumbrance
131	Subsequent mortgagees or encumbrancees, may redeem prior mortgages etc
132	Nature of mortgage and encumbrance, and procedure in case of default
133	Power of sale
134	Mortgagee's receipt to discharge purchaser
135	Appropriation of proceeds
135A	Mode of payment of encumbrance
136	Transfer upon sale by mortgagee or encumbrancee
137	Power of mortgagee to enter, take possession, distrain, let, or bring action for recovery of land
138	Power of mortgagee to distrain on tenant or occupier for arrears not exceeding the amount of rent due
139	Duty of mortgagee of leasehold entering into possession of rent and profits to account
140	Application by mortgagee to Registrar-General for foreclosure
141	Procedure on foreclosure application
142	Effect of order for foreclosure
142A	Provision for case where mortgagee or encumbrancee refuses to join in proceedings on default
143	Discharge of mortgages and encumbrances
144	Partial discharge of mortgage or encumbrance on grant of easement
145	Entry of satisfaction of annuity
146	Discharge of mortgage by Minister in certain cases
147	Cancellation of registration of mortgage by Registrar‑General
148A	Entry in Register Book where rights of mortgagee barred by Statute
150	Transfer of mortgage, lease and encumbrance
151	Effect of such transfer
152	Covenants implied in transfer of lease
152A	Obligation of transferee if mortgage transferred
Part 13—Extensions
153	Renewal or extension of mortgage etc
153A	Requirements for renewal or extension of mortgage
153B	Obligations of mortgagee
Part 13A—Priority notices
154A	Person who intends to lodge instrument may lodge priority notice
154B	Effect of priority notices
154C	Registration of instruments identified in priority notice
154D	Lodging party need not be informed that instrument cannot be registered or recorded
154E	Withdrawal of priority notice
154F	Cancellation of priority notice by Registrar-General
154G	Cessation of priority notice
154H	Registration of instruments after priority notice is no longer in force
154I	Civil liability
Part 14—Powers of attorney
155	Power of attorney
156	Deposit of duplicate or attested copy
157	Revocation of power of attorney
158	Power of attorney heretofore given
159	Entry of death of grantor
160	Instruments executed before entry of revocation or death to be valid
160A	Note of revocation or death may be made on electronic copy of power of attorney
Part 15—Trusts and transmissions
161	Trusts contained in grant from the Crown to be inserted in certificate as in original grant
162	No particulars of trust to be entered in Register Book but trust instrument may be deposited
163	Insertion of the words "with no survivorship" in instruments
164	Trustees may authorise insertion of "with no survivorship"
165	Effect of record
166	Court may direct notice to be published before order is made
167	Court may protect persons interested
168	Survivors may perform duties or transfer to new trustees
169	Disclaimers
170	Transmission by bankruptcy or statutory assignment
171	Transmission to be recorded in Register Book
172	Proceedings in case assignment declared void
173	Bankruptcy or assignment of lessee
174	Entry of surrender or foreclosure not to prejudice cause of action
175	Transmission of estate of deceased persons
176	Application to be made in such case
177	Particulars of application to be recorded
178	Effect of such entry
179	Where 2 or more executors or administrators, all must concur
180	Person registered in place of deceased, bankrupt, or assigning proprietor, to be proprietor of land for purpose of dealing
181	Proceedings when executor etc refuse to transfer
182	Court may order transfer to person entitled
183	Court may decide question of title etc
184	Order of Court vesting land
185	Action may be brought by person claiming beneficial interest in name of trustee
186	Purchases from registered proprietor not to be affected by notice
187	Except in case of fraud
188	Registration of survivor of joint proprietors, and of remainder-man entitled to estate in possession
Part 16—Caveats
191	Caveats
Part 17—Ejectment
192	Summons to give up possession
193	Summons to contain description of land
194	Orders on non-appearance to summons
195	Orders on appearance to summons
196	Dismissal of summons not to prejudice other rights
197	Effect of order for possession
198	Writ of habere facias unnecessary where no one is in possession, or the land is surrendered voluntarily
199	Existing rights preserved
Part 18—The Assurance Fund
201	The Assurance Fund
203	Party deprived of land may sue for compensation
204	Exoneration of proprietor after transfer for value, except in certain cases
205	Proceedings against the Registrar-General, as nominal defendant
207	Purchasers etc protected
208	Proceedings against the Registrar-General as nominal defendant
209	Value of buildings to be excluded
210	Persons claiming may, before taking proceedings, apply to the Registrar‑General for compensation
210A	Value of land determined by market value
210B	Registrar‑General may use Fund money
211	Assurance Fund not liable for breach of trust or improper exercise of power of sale
212	Nor for misdescription of boundaries or parcels except in certain cases
213	Procedure upon, and enforcement of claims against the Assurance Fund
214	Proceedings where same land is included in two or more grants from the Crown. Assurance Fund not liable in such case
215	Limitation of actions
216	Court to have regard to contributory negligence
217	Payments out of Assurance Fund to be deemed made on account of certain persons
218	Moneys paid out of the Assurance Fund may be recovered
219	Judgment may be entered by Registrar-General for amount paid on account of absent persons
Part 19—Special powers and duties of Registrar-General
220	Powers of Registrar-General
220A	Registrar-General may require production or verification of documents or information
221	Reviews
223	Registrar-General may refer question of law
Part 19A—Rectification of certificates
223A	Applications for amendment
223B	Notices to be given
223C	Power of Registrar-General to reject
223D	Caveats
223E	Grant of application
223F	Alterations of certificate in bringing land under this Act
223G	Amendment of title
223H	Notice of amendment of title
223J	Rectification by consent
223K	Saving of other powers
223L	Operation of corrections
Part 19AB—Division and amalgamation of allotments
Division 1—Preliminary
223LA	Interpretation
223LB	Unlawful division of land
223LC	Application of this Part
Division 2—General procedures to be observed in relation to division of land
223LD	Application for division
223LDA	Application may deal with statutory encumbrances
223LE	Deposit of plan of division in Lands Titles Registration Office
223LF	Streets, roads etc
223LG	Service easements
223LH	Consent to plans of division
223LI	Assessment of stamp duty
Division 3—Amalgamation
223LJ	Amalgamation
Division 5—Miscellaneous provisions
223LP	Regulations
Part 20—Procedure and penalties
226	Forms of summons by Registrar-General
227	On refusal or neglect of person summoned, Registrar-General may apply to Judge
228	Declarations
229	Offences
230	Perjury
232	Certifying incorrect documents
232A	Offences relating to verification of identity
232B	Offences relating to verification of authority
233	Other offences
234	Certificate etc procured by fraud to be void
240	Conviction not to affect civil remedy
Part 20A—Client authorisation
240A	Client authorisation
240B	Effect of client authorisation
240C	Termination of client authorisation
240D	Instruments to be executed by natural persons
240E	Client authorisation may be given by Crown or statutory corporation
240F	Legal practitioner and registered conveyancer must obtain authorisation
240G	Retention of client authorisation
Part 21—Miscellaneous
241	Plans and maps
242	Diagrams of land in certificates of title
242A	Cases where measurements not required
244	Provision for person under disability of infancy or mental incapacity
245	Court may appoint guardian
246	Unregistered instruments to confer claim to registration
247	Informal documents may be registered
248	Memorial to be entered
249	Equities not abolished
250	Lis pendens not to be registered
251	No title by adverse possession
252	Corporations and district councils to furnish Registrar-General with plans of new streets etc
253	Surveyor-General to furnish Registrar-General with particulars of orders confirming opening of new roads etc
254	Alteration of plans
255	Confused boundaries
258	Reference to Real Property Acts
259	General powers of Court not affected
260	Valuable consideration may be proved by prior instruments
261	General covenants to be implied in instruments
262	Implied powers and covenants may be modified or negatived
263	In action for breach, party may be proceeded against as if he had covenanted in express words
264	Implied covenants to be joint and several
265	Short forms of covenants in mortgages and leases
266	Short form for expressing exception of mines and minerals
267	Witnessing of instruments
268	Improper witnessing
270	Execution of instrument by corporation
273	Authority to register
273AA	Proof of authority of unrepresented parties to enter into transaction
273A	Verification of identity requirements
273B	Verification of authority guidelines
274	Solicitors and conveyancers to be generally entitled to recover fees for work done under this Act
275	Forms in Schedules
276	Service of notices
276A	Evidence of instruments lodged electronically
277	Regulations
Schedule 1—Transitional provisions
Schedule 2—Application to bring land under the provisions of the Real Property Act 1886
Schedule 3—Caveat forbidding lands to be brought under the Real Property Act 1886
Schedule 5—A free and unrestricted right‑of‑way
Schedule 6—Short forms of easements and their interpretation
Schedule 16—Short forms of covenants and their interpretation
Schedule 17—Short form of exception of mines and minerals and its interpretation
Schedule 22—Summons by Registrar-General
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited for all purposes as the Real Property Act 1886.
3—Interpretation
	(1)	In this Act, unless the contrary intention appears—
allotment includes—
	(a)	a community lot, a development lot and common property created by division under the Community Titles Act 1996; and
	(b)	a unit and common property created by division under the Strata Titles Act 1988;
appropriate form means a form, which may be an electronic form, approved by the Registrar-General;
the Assurance Fund means the Real Property Act Assurance Fund constituted under this Act;
caveatee means any person against whose application for any purpose a caveat has been lodged, and shall include the registered proprietor of any land in respect of which a caveat has been lodged;
caveator means any person lodging a caveat;
certificate means a certificate of title issued under any of the Real Property Acts, or any grant from the Crown issued after the passing of the Real Property Act No. 15 of 1857 and before the commencement of the Real Property (Witnessing and Land Grants) Amendment Act 1995, and includes all plans and entries on the certificate of title;
client authorisation—see section 240A;
Court means—
	(a)	the Supreme Court; and
	(b)	in sections 52, 64, 71, 80, 87, 105, 108, 110, 142A, 154I, 165, 166 and 167 of this Act includes any other court or tribunal constituted under the law of this State or the Commonwealth; and
	(c)	in section 191 and Part 17 includes the District Court;
document includes a document in electronic form;
document of title means a document evidencing or relating to the title of land not under the provisions of any of the Real Property Acts;
dominant land means any land having a right-of-way or other easement appurtenant thereto or annexed to the ownership thereof;
easement includes a profit à prendre;
encumbrancee means the registered proprietor of an encumbrance;
encumbrancer means the registered proprietor of land subject to an encumbrance;
execution includes execution by a legal practitioner or registered conveyancer under a client authorisation;
instrument means any document capable of registration in the Lands Titles Registration Office, or in respect of which a record is under an Act directed, required or permitted to be made in the Register Book, and includes a document that may be registered or recorded in the Register of Crown Leases under section 93;
instrument of title means an instrument evidencing or relating to the title to land under the provisions of any of the Real Property Acts;
land includes all tenements and hereditaments corporeal and incorporeal of every kind and description, and every estate and interest in land;
law practice has the same meaning as in the Legal Practitioners Act 1981;
legal practitioner has the same meaning as in the Legal Practitioners Act 1981;
lessee means the registered proprietor of a lease;
lessor means the registered proprietor of land subject to a lease;
mentally incapacitated person has the same meaning as in the Guardianship and Administration Act 1993;
mortgagee means the registered proprietor of a mortgage;
mortgagor means the registered proprietor of land subject to a mortgage;
participation rules means the participation rules determined by the Registrar‑General under section 23 of the Electronic Conveyancing National Law (South Australia);
proprietor means any person seized or possessed of, or entitled to land;
registered conveyancer means a person registered as a conveyancer under the Conveyancers Act 1994;
registered proprietor means a person appearing by the Register Book to be the proprietor of an estate or interest in land registered under any of the Real Property Acts;
servient land means land subject to any easement;
sign a document or instrument—see subsection (3);
statutory assignment means any deed assigning a debtor's estate for the benefit of his or her creditors, executed under an Act;
the Real Property Acts means the Real Property Act (No. 15 of 1857), The Real Property Law Amendment Act (No. 16 of 1858), the Real Property Act of 1860 (No. 11 of 1860), the Real Property Act of 1861 (No. 22 of 1861), the Real Property Act Amendment Act of 1878 (No. 128 of 1878), the Rights-of-Way Act 1881 (No. 223 of 1881), and this Act;
transmission means the passing of title to land in any manner other than by transfer;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
verification of authority guidelines—see section 273B;
verification of identity requirements—see section 273A.
	(2)	The description of any person as proprietor, transferor, transferee, mortgagor, mortgagee, caveator, caveatee, encumbrancer, encumbrancee, lessor, lessee, or trustee, or as seized of, having, or taking any estate or interest in land shall be deemed to extend to and include the heirs, executors, administrators, and assigns of such person.
	(3)	If a provision of this Act requires that an instrument or document be signed by a person, the instrument or document must be—
	(a)	signed by the person personally; or
	(b)	signed personally on behalf of the person by another person under a power of attorney.
4—Repeal
The following Acts or parts of Acts are hereby repealed:

Number | Title | Extent of Repeal
22 of 1861 | Real Property Act of 1861. | The whole.
128 of 1878 | Real Property Act Amendment Act of 1878. | The whole.
223 of 1881 | Rights-of-Way Act 1881. | The whole.
225 of 1881 | Act to amend The Probate and Succession Duty Act 1876. | The following words at the end of section 3, subsections 2 and 3: "The estate being exempt under clause 2 of this Act."
5—Savings
Such repeal shall not affect any appointment, regulation, instrument, fund, act, matter, or thing lawfully made, done, executed, or in existence under the authority of the said Acts or any or either of them; nor prevent prosecution or punishment for any offence committed or act done in violation of the provisions of the said Acts or any or either of them; or interfere with the recovery of any penalty or of any forfeiture incurred under the said Acts or any or either of them; or with the enforcement, vindication, or recovery, of any estate, right, title, trust, covenant, contract, or interest preserved, acquired, accruing, existing or entered into under the provisions of the said Acts or any or either of them; nor shall such repeal affect or in any way interfere with any act or thing, prosecution or punishment, enforcement, vindication, or recovery saved or protection given by the said repealed Acts; and all applications, actions, suits, proceedings, instruments, registrations, and other acts, matters, and things made, commenced, pending, signed, entered, or done under the said repealed Acts or any or either of them before the passing of this Act, may be proceeded with, prosecuted, completed, and acted on in the same manner and shall be as valid and effectual as if this Act had not been passed.
6—Laws inconsistent not to apply
No law, so far as inconsistent with this Act, shall apply to land subject to the provisions of this Act, nor shall any future law, so far as inconsistent with this Act, so apply unless it shall be expressly enacted that it shall so apply "notwithstanding the provisions of the Real Property Act 1886".
6A—Effect of section 6
Section 6 has effect as if Schedule 1 Part 4 of the Aboriginal Lands Trust Act 2013 had never come into operation.
7—Lands under previous Acts to be under this Act
All lands subject to the provisions of any of the Real Property Acts shall, on and from the day upon which this Act shall come into operation, and all land hereafter brought under the provisions of any of the Real Property Acts, pursuant to any application commenced at the time of this Act coming into operation, shall, from the time of the issuing of the certificate for such land, be held subject to the provisions of this Act.
8—Land not to be withdrawn
No land once subject to the provisions of this Act shall ever be withdrawn therefrom.

Part 2—Objects of this Act
10—Objects
The objects of this Act are to simplify the title to land and to facilitate dealing therewith, and to secure indefeasibility of title to all registered proprietors, except in certain cases specified in this Act.
11—Construction
This Act shall always be construed in such manner as shall best give effect to the objects hereinbefore declared.

Part 3—The Lands Titles Registration Office
12—Lands Titles Registration Office to be at Adelaide
The Lands Titles Registration Office shall be continued at Adelaide for the purposes of this Act.
13—Administration of Act
	(1)	There is to be a Registrar-General.
	(2)	The Registrar-General is responsible for the administration of this Act.
	(3)	There are to be such deputies of the Registrar-General as may be necessary or expedient for the administration of this Act.
	(4)	There are to be such other persons engaged in the administration of this Act as the Registrar‑General thinks fit.
	(5)	The Registrar‑General and the deputies of the Registrar‑General are to be Public Service employees.
16—Exercise of powers of Registrar-General
Any power or function conferred on, or assigned to, the Registrar-General by this or any other Act may be exercised or carried out—
	(a)	by any Deputy Registrar-General; or
	(b)	by any person to whom that power or function has been delegated by the Registrar-General.
17—Delegation
	(1)	The Registrar‑General may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power under this or any other Act (except a prescribed function or power).
	(2)	A delegation—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the power of the delegator to act in a matter; and
	(d)	is revocable at will.
	(3)	A delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument.
	(4)	For the avoidance of doubt, nothing in this section affects—
	(a)	indefeasibility of title of registered proprietors as set out in section 69; or
	(b)	the exclusive power of the Governor to prescribe fees or charges payable for or in respect of matters under this Act as set out in section 277; or
	(c)	the operation of the scheme for compensation set out in Part 18.
19—Solicitor not to engage in private practice
It shall not be lawful for any person whilst holding the office of solicitor under this Act to engage in private practice as a barrister, attorney, solicitor or registered conveyancer, but this prohibition shall not apply to any acting solicitor.
21—Seal of office
The Registrar-General shall have and use a seal of office bearing the impression of the Royal Arms of England and the words "Registrar-General South Australia"; and every instrument bearing such seal, and purporting to be issued by the Registrar-General, or by a Deputy Registrar-General or a delegate referred to in section 17, shall be received in evidence, and shall be deemed to be issued by or under the direction of the Registrar-General without further proof, unless the contrary be shown.
22—Fees etc
	(1)	The Registrar-General may demand and receive such fees, in respect of the several matters provided for in this Act, as are prescribed.
	(2)	Until regulations under this Act are made prescribing fees in respect of the matters referred to in subsection (1) of this section the Registrar-General may demand and receive such fees as were payable in respect of those matters immediately before the commencement of the Real Property Act Amendment Act 1972.
23—Accounts of Registrar-General and payment of moneys
	(1)	The Registrar-General shall keep a correct account of all sums of money received by him in accordance with the provisions of this Act, and shall pay the same to the Treasurer.
	(2)	All fines and fees received under the provisions of this Act shall (subject to the provisions of Part 18 of this Act) be carried into account by the Treasurer as General Revenue.
23A—Payment of moneys received in trust
	(1)	Where the Minister has received moneys in trust or otherwise on account of a mortgagee or other person, and the Minister is satisfied that the moneys may be properly paid to any person the Minister may upon the application of that person and upon provision by that person of such an indemnity or indemnities, if any, as the Minister thinks fit, make payment of the moneys to that person.
	(1a)	Before making payment to any person under subsection (1) of this section the Minister may require the production of such evidence as he thinks fit to the effect that—
	(a)	succession duties that may be payable out of, or in respect of, the moneys have been paid; and
	(b)	any other claim to which the moneys may be liable has been satisfied.
	(2)	Any payment made by the Treasurer before the commencement of the Real Property Act Amendment Act 1975 of moneys of a kind referred to in subsection (1) of this section shall be for all purposes as lawful, valid and effectual as it would have been if—
	(a)	that subsection was enacted and in force at the time at which that payment was made; and
	(b)	the payment of those moneys complied in all respects with the provisions of that subsection.
24—Registrar-General not to be liable for acts done bona fide
The Registrar-General shall not individually, nor shall any person acting under his authority, be liable to any action, or proceeding for or in respect of any act or matter bona fide done, or omitted to be done, in the exercise or supposed exercise of the powers of this Act.

Part 4—The bringing of land under the Act
25—Land in two classes
For the purpose of bringing land under the provisions of this Act, it shall be regarded as divided into two classes, as follows:
	(a)	land hereafter alienated in fee from the Crown;
	(b)	land heretofore alienated in fee from the Crown.
26—Land on alienation from Crown to be under Act
As to land hereafter alienated in fee from the Crown, the same shall, immediately on alienation, be subject to the provisions of this Act.
27—Lands granted prior to the day on which this Act comes into operation may be brought into operation under this Act
As to land heretofore alienated from the Crown in fee but not under the provisions of any of the Real Property Acts (whether such land shall constitute the entire or only part of the land included in any land grant), the same may be brought under the provisions of this Act in the following manner, that is to say—The Registrar-General shall receive applications in the form of Schedule 2 hereto, or in a form to the like effect, if made by any of the following persons, that is to say—
	(a)	by any person claiming to be the person in whom the fee simple is vested either at law or in equity: Provided that wherever trustees, seized in fee simple, have no power to sell the land which they may seek to bring under the provisions of this Act, the persons claiming or appearing to be beneficially entitled to the said land shall consent to such application;
	(b)	by any person having power to appoint or dispose of the fee simple, at law or in equity, in cases where the Registrar-General shall be satisfied that the application is made for the purpose of carrying such power into effect;
	(c)	by any person claiming a life estate, not being a leasehold for a life or lives: Provided that all persons claiming or appearing to be beneficially entitled in reversion or remainder shall join in or consent to such application;
	(d)	the father, or if the father be dead, the mother or other guardian of any infant, or the administrator or committee of the estate of a mentally incapacitated person or the guardian of such a person, may make or consent to an application in the name or on behalf of the infant or mentally incapacitated person; and any person holding a power of attorney authorising the sale of a freehold estate in any land may make the application in respect of such land in the name or on behalf of the proprietor, unless such power shall expressly prohibit his so doing.
28—Undivided shares and mortgaged land may not be brought under Act except upon conditions
No such application shall be received from any person claiming to be entitled to an undivided share of any land unless the persons who shall appear to be entitled to the other undivided shares shall join in the application with a view to bringing the entirety under the provisions of this Act; nor from the mortgagor of any land unless the mortgagee shall consent to such application; nor from the mortgagee of any land except in the exercise of or for the purpose of giving effect to a sale under a power of sale contained in the mortgage deed.
29—Provisions as to surrender of documents etc
Every applicant shall, when making his application, surrender to the Registrar-General all documents of title in his possession or under his control relating to or in any way affecting the land, and shall furnish a schedule of such documents, and also, if required, an abstract of his title, and shall, in his application, state the nature of his estate or interest in the land, and of every estate or interest therein held by any other person, whether at law or in equity, in possession, reversion, remainder, or expectancy, and give full particulars of every right-of-way or other easement affecting the land of which he is aware, or has had notice, or which he knows to be claimed by any other person, and shall state whether the land be occupied or unoccupied, and if occupied, the name and description of the occupant, and the nature of his occupancy, and whether such occupancy be adverse or otherwise; and shall, when practicable, state the names and addresses of the occupants and proprietors of all lands contiguous to the land in respect of which application is made so far as known to him, and that the schedule so furnished includes all documents of title relating to such land in his possession or under his control, and may, in his application, require the Registrar‑General, at the expense of the applicant, to cause personal notice of the application to be served upon any person whose name and address shall for that purpose be therein stated, and shall give an address to which notices in respect of such application may be sent.
30—Statements to be verified by declaration
The statements made in the application shall be verified by the declaration of the applicant or the person acting in his name or on his behalf.
31—Application, how to be dealt with
Upon receipt of the application the Registrar-General shall cause the title of the applicant to be examined and reported on by a legal practitioner.
32—Titles in three classes
	(1)	For the purposes of all applications, the titles of applicants shall be divided into three classes as follows:
	(a)	Class I—When applicant is original grantee, and no transactions have been registered
when the applicant is the original grantee from the Crown, and the land has been granted on or subsequently to the first day of March, 1842, and no transaction affecting the title has at any time been registered, and the applicant has not required notice of his application to be served personally upon any person;
	(b)	Class II—When applicant is not original grantee, or any transactions have been registered
when, although the title does not belong to the first class, the land is held by the applicant for the estate or interest described in the application free from mortgage, encumbrance, or other beneficial interest affecting the title thereto, or if any such mortgage, encumbrance, or interest exists the parties interested therein join in or consent to the application, and the applicant has not required notice of his application to be served personally upon any person;
	(c)	Class III—When evidence of title imperfect
when any person beneficially interested in the land otherwise than as lessee, or any person interested in any mortgage or encumbrance affecting the title, is not a party joining in or consenting to the application, or the title or evidence of title set forth by the applicant is imperfect, or the applicant has required notice of his application to be served personally upon any person.
	(2)	If it shall appear to the Registrar-General that the title of the applicant belongs to the first class he shall bring such land under the provisions of this Act forthwith.
33—Procedure under second class
If it shall appear to the satisfaction of the Registrar-General that the title of the applicant belongs to the second class, he shall cause notice of the application to be published in the Government Gazette; and shall further limit and appoint a time, not less than one month nor more than twelve months from the date of the publication in the Government Gazette, upon or after the expiration of which he shall, unless he shall in the interval have received a caveat forbidding him so to do, bring the land under the provisions of this Act.
34—Procedure under third class
If it shall appear to the satisfaction of the Registrar-General that the title of the applicant belongs to the third class, it shall be lawful for him to reject such application altogether, or in his discretion to cause notice of the application to be served upon all persons other than the applicant, who shall appear to have any interest in the land which is the subject of the application and to be published in the Government Gazette, and in such manner as he may direct; and to limit and appoint a time in his discretion, or as the Court may prescribe, not less than two months nor more than twelve months from the date of the first of such publications in the Government Gazette, upon or after the expiration of which it shall be lawful for the Registrar-General to bring the land under the provisions of this Act, unless he shall in the interval have received a caveat forbidding him so to do.
35—Notice of application to be published
The Registrar-General shall cause notice to be published in such manner as aforesaid, or in such other manner as may be prescribed by any order of the Court, that application has been made for bringing the land therein referred to under the provisions of this Act, and shall also cause a copy of such notice to be posted in a conspicuous place in his office, and in such other places as he may deem necessary, and shall forward, by registered or certified post, a copy of such notice addressed to each of the persons, if any, stated in the application to be in occupation of the land, or to be occupiers or proprietors of land contiguous thereto, so far as his knowledge of the addresses of such persons shall enable him, and to such other persons as he may think fit, and in case the applicant shall have required any notice to be personally served upon any person named in his application, then and in such case the Registrar‑General shall cause a copy of such notice to be so served upon such person.
36—Second and third classes brought under this Act
If within the time limited and appointed as aforesaid by the Registrar-General, or under any order of the Court, any notice forwarded as aforesaid, shall not be returned to him by the Postmaster-General, and if within the time so limited he shall not have received a caveat, as hereinafter described, forbidding him so to do—and in any case in which personal notice may be required as aforesaid, if he shall have received proof to his satisfaction that such notice has been served, the Registrar-General shall bring the land described in the application under the provisions of this Act.
37—How land to be brought under Act
The Registrar-General shall bring land under the provisions of this Act by issuing a certificate for the same to the applicant, or to such person as he or the person applying in his name or on his behalf may by any writing under his hand direct.
38—Action to be taken on return of notices or failure of personal service
The Registrar-General, whenever he shall be made aware that any notice required by any applicant to be served personally has failed to be, or cannot be, so served, shall notify the same to such applicant, who, if he think fit, may by writing under his hand, withdraw such requirement, and the Registrar-General thereupon or in case any notice shall be returned to him by the Postmaster-General, may reject the application altogether, or bring the land therein described under the provisions of this Act forthwith, or after such further interval, notification, or advertisement as he may think fit.
39—Caveat against bringing land under Act
Any person having or claiming an estate or interest in any land sought to be brought under the provisions of this Act, or the attorney or agent of any such person, may, within the time by the Registrar-General or under any order of the Court for that purpose limited, lodge a caveat in the Lands Titles Registration Office, in the form of Schedule 3 hereto, forbidding the bringing of such land under the provisions of this Act. Every such caveat shall state the nature of the estate or interest claimed by the person lodging the same and the grounds on which such claim is founded, and no caveat shall be received unless some address within South Australia shall be given therein at which notices and proceedings relating to the caveat may be served.
40—If caveat be received within time limited, proceedings stayed
The Registrar-General shall, upon receipt of any such caveat, within the time limited as aforesaid give notice thereof to the applicant proprietor, and shall suspend further action in the matter, and the land in respect of which such caveat shall have been lodged shall not be brought under the provisions of this Act until such caveat shall have been withdrawn or shall have lapsed from any of the causes hereinafter provided, or until a decision therein shall have been obtained from the Court having jurisdiction in the matter.
41—Applicant may withdraw his application
Any applicant may withdraw his application at any time prior to the issuing of the certificate, and the Registrar-General shall in such case, upon request in writing signed by the applicant, return to him, or to the person, if any, notified in the application as having a lien thereon, all documents of title deposited in support of the application.
42—Documents of title, if they include other property, to be returned to applicant
Upon issuing a certificate bringing land under the provisions of this Act the Registrar-General shall endorse a memorandum on every document of title deposited by the applicant in support of his application, stating that the lands described in such certificate have been brought under the Real Property Act. If any such document of title shall relate to or include any property, whether personal or real, other than the land included in the certificate, the Registrar-General shall return such document to the applicant, but otherwise shall retain the same in his office; and no person shall be entitled to the production of any document so retained, except upon the written order of the applicant or of some person claiming through or under him, or upon the order of the Court.
43—Certificate to issue in name of deceased applicant proprietor or his nominee
In case an applicant, or the person to whom he or the person applying in his name or on his behalf, may have directed a certificate to be issued, shall die in the interval between the date of the application and the date on which the certificate shall be issued, the certificate shall be issued in the name of the applicant, or in the name of the person to whom it shall have been so directed to be issued as the case may require, and the land shall devolve in like manner as if the certificate had been issued prior to the death of the applicant or of such person.
44—Proceedings under caveat
Whenever a caveat shall have been lodged in the Lands Titles Registration Office forbidding land to be brought under the provisions of this Act, the like proceedings as are hereinafter provided for the removal of caveats, in the case of land already under the provisions of this Act, shall be open to the caveatee for removal of the caveat, and for the recovery of costs and damages from the caveator, in case the caveat shall have been lodged by the caveator wrongfully and without reasonable cause.
45—Lapse of caveat
Every such caveat shall be deemed to have lapsed after the expiration of 1 month from the day on which the caveat is lodged, unless the person by whom or on whose behalf the same was lodged shall, within that time, have taken proceedings in the Court to establish his or her title to the estate or interest claimed, and give written notice thereof to the Registrar-General, or shall have obtained from the Court an order or injunction restraining the Registrar-General from bringing the land under the provisions of this Act. No such lapsed caveat shall, except with the permission of the Court, be renewed by or on behalf of the same person in respect of the same estate or interest.
46—Reversion expectant on lease not to be extinguished
The reversion expectant upon a lease shall not be deemed to have been extinguished in consequence of the land comprised in such lease having been brought under the provisions of this Act, and the registered proprietor of any land which is subject to a lease granted prior to the first certificate being issued in respect of such land, shall be held in all Courts to be seized of the reversion expectant upon such lease, and to have all the powers, rights and remedies to which a reversioner is by law entitled and shall be subject to all covenants and conditions in such lease expressed or implied to be performed on the part of the lessor.

Part 5—Registration of title
Division 1—Registration of title in the Register Book
47—Registration of title in the Register Book
This Division applies to, and in relation to, the registration of title to land in the Register Book.
49—Folios in Register Book
Each certificate of title shall constitute a separate folium of the Register Book, and the Registrar-General shall record thereon distinctly and separately all memorials affecting the land included in each certificate.
51—Requirements of memorial
Every memorial entered in the Register Book shall be sealed with the seal of the Registrar-General, and shall state the nature of the instrument to which it relates and such other particulars as the Registrar-General directs, and shall refer by number or symbol to such instrument.
51A—Evidentiary
	(1)	Subject to this Act, a certificate of title must be accepted in legal proceedings as conclusive evidence of title to land and to any other estate or interest in land that it records and as evidence (which may be rebutted) of any other information that it records.
	(2)	A document that purports to have been certified by the Registrar-General to be a correct copy of a certificate of title may be accepted in legal proceedings as if it were the certificate of title.

Division 2—Registration of title by other methods
51B—Registration of title electronically etc
Where the Registrar-General is required by this or any other Act or any other law to register title to land or record any other information relating to land, the Registrar‑General may register the title or record the information by an electronic, electromagnetic, optical or photographic process and, in that case, the provisions of this Act (excluding Division 1) and any other relevant Act will be construed so as to apply to, and in relation to, the registration of title or recording of information by that process and in particular—
	(a)	the term Register Book will be taken to include the records maintained by the Registrar-General pursuant to this section relating to the land;
	(b)	the term certificate or certificate of title will be taken to mean the records maintained by the Registrar‑General under this section relating to the land;
	(e)	a requirement that a record relating to the land be made in the Register Book or on the certificate of title for the land will be satisfied if the Registrar‑General makes the record by an electronic, electromagnetic, optical or photographic process.
51C—Issuing certificates of title
	(1)	If title to land is registered under this Division, the Registrar‑General must issue a certificate of title setting out the registered proprietor's estate or interest in the land and the encumbrances, liens or other interests (if any) to which the estate or interest is subject.
	(2)	The Registrar‑General may cancel a certificate of title and issue a new certificate in its place—
	(a)	when registering an instrument dealing with or affecting the registered proprietor's estate or interest in the land; or
	(b)	if, in the Registrar‑General's opinion, a record should be made on the title.
	(3)	Despite subsection (1), the Registrar‑General may withhold the issue of a certificate of title if in his or her opinion proper reasons exist for doing so.
51D—Evidentiary
	(1)	Subject to this Act a statement (that has been certified by the Registrar-General) of—
	(a)	title to land or to any estate or interest in land recorded by the Registrar‑General under this Division must be accepted in legal proceedings as conclusive evidence of title to land or to any estate or interest in land; and
	(b)	any other information recorded by the Registrar-General under this Division must be accepted in legal proceedings as evidence (which may be rebutted) of that information.
	(2)	A statement referred to in subsection (1) that purports to have been certified by the Registrar-General must be taken in legal proceedings, in the absence of proof to the contrary, to have been so certified.

Division 2A—Boundaries of registered land
51E—Coordinated cadastre
	(1)	Where the Surveyor-General had lodged a plan delineating the boundaries of allotments in a designated survey area with the Registrar-General under the Survey Act 1992, the Registrar-General must examine the plan and, if it is in order, accept it for filing in the Lands Titles Registration Office.
	(2)	A plan accepted for filing under subsection (1) must be accepted in legal proceedings as evidence (which may be rebutted) of the position and dimensions of the boundaries of allotments that it delineates.
	(3)	A court, tribunal or other body or person conducting legal proceedings must not make a finding that the position or dimensions of the boundary of an allotment varies from the position or dimensions of the boundary shown on a plan accepted for filing under subsection (1) unless the court, tribunal, body or person has first given the Surveyor‑General, or a person acting on his or her behalf, the opportunity to present evidence and be heard on that question.
	(4)	If the Registrar-General finds an error in a plan accepted for filing under subsection (1), he or she may, with the approval of the Surveyor-General, amend the plan in order to correct the error.
	(5)	As soon as practicable after accepting a plan for filing under subsection (1) or amending a plan under subsection (4), the Registrar-General must correct any certificate of title that is inconsistent with a boundary delineated on the plan.

Division 3—General
52—Record of registration
On registering an instrument, the Registrar‑General must make a record of the date and time of registration and the record must be accepted in legal proceedings as conclusive evidence of the date and time of registration.
53—Retention of records
Once information has been registered or recorded by the Registrar-General under this Act the Registrar-General must retain it in the form in which it was originally registered or recorded, or in some other form.
54—Form of instruments and manner of lodgement
	(1)	Subject to this Act, the Registrar‑General may not register or record an instrument that purports to transfer or otherwise deal with or affect an estate or interest in land under this Act unless the instrument complies with this Act, is lodged in a manner approved by the Registrar-General and is in the appropriate form.
	(2)	However, if an instrument contains a clear error the Registrar‑General may correct the error, and the instrument will then be valid and have effect as if the error had not been made.
55—Non-compliant documents may be registered or recorded
The Registrar‑General may register or record a document that is not in the appropriate form, or does not comply with a requirement under this Act (including where the document is not signed or executed in a manner required under this Act), despite the fact that the document does not comply with that form or requirement, if the Registrar‑General is satisfied—
	(a)	that the document substantially complies with the appropriate form or requirements of this Act (as the case requires); and
	(b)	that loss or inconvenience would result if the document were not registered or recorded.
56—Priority of instruments
	(1)	Instruments must be registered or recorded in the order in which they are presented to the Registrar‑General for registration or recording.
	(2)	Instruments registered or recorded in respect of or affecting the same estate or interest in land are entitled (despite any express, implied or constructive notice) to priority according to the time of registration or recording.
	(3)	However, if 2 or more instruments dealing with or affecting the same estate or interest in land have been presented for registration or recording at the same time, the Registrar‑General may register or record those instruments in the order that will give effect to the intentions of the parties as expressed in, or apparent to the Registrar‑General from, the instruments.
	(4)	Subsections (1), (2) and (3) operate subject to Part 13A.
	(5)	The Registrar‑General may, on application in the appropriate form, vary the order of priority between 2 or more registered mortgages or encumbrances.
	(6)	An application under subsection (5)—
	(a)	must be made, with the consent of the mortgagor or encumbrancer, by every holder of a mortgage or encumbrance that is to have its order of priority varied; and
	(b)	if a registered mortgage or encumbrance is, by virtue of the proposed variation of order of priority, to be postponed to a mortgage or encumbrance over which it has had priority—must be made with the consent of the holder of the mortgage or encumbrance that is to be postponed.
	(7)	The Registrar‑General must record a variation of an order of priority under subsection (5) on the certificate of title affected by the mortgages or encumbrances.
56A—Registration
A certificate of title will be taken to be registered upon the Registrar-General allotting a volume and folio number in respect of the certificate of title.
57—Effect of registration or recording of instruments
	(1)	Subject to subsection (2), every instrument will, when registered or recorded, be deemed part of the Register Book.
	(2)	Subsection (1) does not operate to deem an instrument registered or recorded in the Register of Crown Leases part of the Register Book.
	(3)	Every instrument registered in the Register Book or the Register of Crown Leases will be deemed to be a deed duly executed by the parties.
59—Provision for registration in case of death of person
	(1)	In case any person, who either before or after his or her death shall be registered as proprietor of any land shall die after executing any instrument affecting such land, and before registration or recording thereof, the registration or recording of such instrument may nevertheless be proceeded with in accordance with this Act, and shall be valid notwithstanding such death.
	(2)	If a person who has completed a client authorisation dies, an instrument executed pursuant to the client authorisation after the person's death is valid despite the person's death, and may be registered or recorded in accordance with this Act.
64—Power of court to direct cancellation of certificate or entry
In any proceeding in the Court respecting any land, or any transaction, contract, or application relating thereto, or any instrument or record affecting any such land, it shall be lawful for the Court to direct the Registrar-General to cancel, correct, record, substitute, issue, or make any certificate of title, or any memorial or entry in the Register Book, or otherwise to do such acts and make such entries as may be necessary to give effect to any judgment, decree, or order of such Court given or made in such proceeding, and the Registrar-General shall obey every such direction.
65—Search allowed
	(1)	Subject to this section, any person may have access to the Register Book, and to all instruments lodged or deposited in the Lands Titles Registration Office, for the purpose of inspection during the hours, and on the days, appointed for search.
	(1a)	If an instrument is lodged electronically, the Registrar‑General may determine that only the instrument as registered is to be accessed.
	(2)	If, on the application of a person whose particulars are, or are to be, contained in the Register Book or in any instruments lodged or deposited in the Lands Titles Registration Office, the Registrar‑General is satisfied that access under this section to any such particulars would be likely to place at risk the personal safety of the person, a member of the person's family or any other person, the Registrar‑General may take such measures as he or she thinks fit to prevent or to restrict access to those particulars.
	(3)	An application under subsection (2) must be in the appropriate form and must contain such particulars, and be supported by such evidence, as the Registrar‑General may require.
	(4)	The Registrar‑General may take such measures as he or she thinks fit to prevent or restrict access to any particulars the subject of an application under subsection (2) while the application is being determined.
	(5)	Nothing prevents the Registrar‑General varying or revoking any measures taken under subsection (2) or (4) if he or she thinks fit.
66A—Lodgement of land grant
If a grant of Crown land is lodged in the Lands Titles Registration Office, the Registrar-General must register title to the land.

Part 6—The title of registered proprietors
67—Instruments not effectual until registration
No instrument registrable under this Act shall be effectual to pass any land or to render any land liable as security for the payment of money, but upon the registration of any instrument in manner herein prescribed, the estate or interest specified in such instrument shall pass, or, as the case may be, the land shall become liable as security in manner and subject to the covenants, conditions, and contingencies set forth and specified in such instrument or by this Act declared to be implied in instruments of a like nature.
69—Title of registered proprietor indefeasible
The title of every registered proprietor of land shall, subject to such encumbrances, liens, estates, or interests as may be notified on the certificate of title of such land, be absolute and indefeasible, subject only to the following qualifications:
	(a)	Fraud
in the case of fraud, in which case any person defrauded shall have all rights and remedies that he would have had if the land were not under the provisions of this Act: Provided that nothing included in this subsection shall affect the title of a registered proprietor who has taken bona fide for valuable consideration, or any person bona fide claiming through or under him;
	(b)	Forgery or disability
in the case of a certificate or other instrument of title obtained by forgery or by means of an insufficient power of attorney or from a person under some legal disability, in which case the certificate or other instrument of title shall be void: Provided that the title a registered proprietor who has taken bona fide for valuable consideration shall not be affected by reason that a certificate other instrument of title was obtained by any person through whom he claims title from a person under disability, or by any of the means aforesaid;
	(c)	Erroneous inclusion of land
where any portion of land has been erroneously included, by wrong description of parcels or boundaries, in the certificate of title or other instrument evidencing the title of the registered proprietor: In which case the rights of the person who but for such error would be entitled to such land shall prevail, except as against a registered proprietor taking such land bona fide for valuable consideration, or any person bona fide claiming through or under the registered proprietor;
	(d)	Omission of easement
where a right-of-way or other easement not barred or avoided by the provisions of the Rights-of-Way Act 1881, or of this Act, has been omitted or mis-described in any certificate, or other instrument of title: In which case such right-of-way or other easement shall prevail, but subject to the provisions of the said Rights-of-Way Act 1881 and of this Act;
	(e)	Several certificates for the same land
where 2 or more certificates of title shall be registered under any of the Real Property Acts in respect of the same land: In which case the title originally first in time of registration shall prevail but without prejudice to the effect of anything done under Part 19A of this Act;
	(f)	Certificate of title to be void if any person is in possession and rightfully entitled adversely to the first registered proprietor
any certificate of title issued upon the first bringing of land under the provisions of any of the Real Property Acts, and every certificate of title issued in respect of the said land, or any part thereof, to any person claiming or deriving title under or through the first registered proprietor, shall be void, as against the title of any person adversely in actual occupation of, and rightfully entitled to, such land, or any part thereof at the time when such land was so brought under the provisions of the said Acts, and continuing in such occupation at the time of any subsequent certificate of title being issued in respect of the said land;
	(h)	A lease or letting for not more than a year
where at the time when the proprietor becomes registered a tenant shall be in actual possession of the land under an unregistered lease or an agreement for a lease or for letting for a term not exceeding one year: In which case the title of the tenant under such lease or agreement shall prevail;
	(i)	Failure of mortgagee to comply with verification requirement
if—
	(i)	the person by or on whose behalf a mortgage was signed or executed as mortgagor (the purported mortgagor) is not the registered proprietor of land subject to the mortgage; and
	(ii)	the mortgagee failed to comply with a requirement under this Act or the Electronic Conveyancing National Law (South Australia)—
	(A)	to verify the purported mortgagor's identity or authority to enter into the mortgage; or
	(B)	if the mortgage was transferred to the mortgagee—to establish that the transferor complied with an obligation imposed under this Act on the transferor, as mortgagee, to verify the identity of the purported mortgagor or to verify the purported mortgagor's authority to enter into the mortgage,
the mortgagee's interest under the mortgage is not indefeasible.
70—In other cases title of registered proprietor shall prevail
In all other cases the title of the registered proprietor of land shall prevail, notwithstanding the existence in Her Majesty, Her heirs, or successors, or in any person of any estate or interest whatever whether derived by grant from the Crown or otherwise, which but for this Act might be held paramount or to have priority; and notwithstanding any want of notice, or insufficient notice of any application, or any error, omission or informality in any application or proceedings.
71—Saving of certain rights and powers
Nothing in the two preceding sections contained shall be construed so as to affect any of the following rights or powers, that is to say—
	(a)	Sales by Sheriff
the power of the Sheriff to sell the land of a judgment debtor under a writ of execution;
	(b)	Sales under order of the Court
the power of the Court to order the sale of land;
	(c)	Transmissions on bankruptcy or assignment
the right of the Official Receiver or of any trustee to land transmitted on the bankruptcy or statutory assignment of the registered proprietor;
	(d)	Contracts
the rights of a person with whom the registered proprietor of land has made a contract for the sale of the land, or in relation to any other matter affecting the land;
	(e)	Trusts
the rights of a cestui que trust where the registered proprietor is a trustee, whether the trust shall be express, implied, or constructive;
	(f)	Deed-poll by promoters of an undertaking
the right of promoters of an undertaking to vest land in themselves by deed‑poll pursuant to the Compulsory Acquisition of Land Act 1925 or any Act amending the same,
provided that no unregistered estate, interest, power, right, contract, or trust shall prevail against the title of a registered proprietor taking bona fide for valuable consideration, or of any person bona fide claiming through or under him.
72—Knowledge of trust not evidence of want of bona fides
Knowledge of the existence of any unregistered estate, interest, contract, or trust shall not of itself be evidence of want of bona fides so as to affect the title of any registered proprietor.

Part 7—Certificates of title
74—Joint tenants and tenants in common
Two or more persons registered as joint proprietors of an estate or interest in land shall be deemed to be entitled to the same as joint tenants; and in all cases where 2 or more persons are entitled as tenants in common to an estate of freehold in any land, the certificate must state the shares in which they hold the land.
75—Certificates for remainder and reversions
The proprietor of an estate of freehold in remainder or reversion in land, for a life estate in which a certificate has already been issued, may have the estate registered on the certificate issued for the life estate, or a separate certificate for the estate, which shall refer to the certificate of the particular estate.
76—Mode of inheritance or succession shall be implied
Every certificate, or other instrument of title issued to or made in favour of a corporation, aggregate or sole, shall be deemed to extend to and include the successors of such corporation, and every such certificate or instrument of title issued to or made in favour of any person shall be deemed to extend to and include the legal representatives of such person.
77—Memorials on certificates
The Registrar-General shall record on every certificate issued by him, and in such manner as to preserve their respective priorities, memorials of all subsisting mortgages, leases, and encumbrances, and of any dower or rent-charge to which the land may be subject; and if such certificate be issued to a minor or to a person otherwise under disability, he shall record thereon the age of such minor or the nature of the disability so far as known to him.
78—Issue of new certificate on application
Upon the application of any registered proprietor holding land under 1 or more certificates, it shall be lawful for the Registrar-General to issue to such proprietor 1 certificate for the whole of such land, or several certificates each comprising portion of such land, in accordance with such application; and upon issuing any such new certificate the Registrar-General shall cancel the certificates, and shall endorse thereon a memorandum, setting forth the occasion of such cancellation, and referring to the new certificate issued in lieu thereof.
78A—Issue of new certificate on alteration etc
Where—
	(a)	this Act or another Act or any other law requires the Registrar‑General to enter or endorse a memorial or memorandum or make any other entry, endorsement or notation on a certificate; or
	(b)	in the opinion of the Registrar‑General he or she should enter or endorse a memorial or memorandum or make any other entry, endorsement or notation on a certificate or correct an error in or make any other alteration to a certificate,
the Registrar‑General may issue a new certificate that includes the memorial, memorandum, entry, endorsement, notation, correction or other alteration in place of the existing certificate.

Part 7A—Title by possession to land under this Act
80A—Application for certificate based on possession
A person who would have obtained a title by possession to any land which is subject to this Act, if that land had not been subject to this Act, may apply to the Registrar‑General for the issue to him of a certificate of title to that land.
80B—Application requirements
	(1)	An application under section 80A—
	(a)	must be in the appropriate form; and
	(b)	must contain a declaration signed by the applicant declaring that all the statements in it are true.
	(2)	The applicant must, if required to do so by the Registrar‑General, provide the Registrar‑General with a plan of survey of the land.
80C—Application how dealt with
	(1)	The Registrar-General shall refer each application to a legal practitioner, who shall examine it and report upon it to the Registrar-General.
	(2)	The Registrar-General may thereupon in his discretion reject the application as regards the whole or any part of the land to which it relates, or proceed as hereinafter provided.
80D—Requisitions
The Registrar-General may—
	(a)	require an applicant to furnish him with any information or documents relating to his application;
	(b)	notwithstanding any direction previously given by him as to the application, reject it altogether or in part if the applicant fails to comply within a reasonable time with any requisition made under this section.
80E—Notice of application
	(1)	If an application is not wholly rejected by the Registrar-General, the Registrar‑General must cause a notice of the application in the appropriate form—
	(a)	to be published once at least in a newspaper circulating in the neighbourhood of the land, and, if the Registrar‑General thinks necessary, in any other newspaper; and
	(b)	to be given to any person who in the Registrar-General's opinion has or may have any estate or interest in the land; and
	(c)	to be published in any other way or given to any other persons.
	(2)	The notice shall fix a time, not less than 21 days nor more than 12 months from the first publication of the notice in a newspaper under subsection (1) of this section, at or after the expiration of which the Registrar-General may, unless a caveat is lodged, grant the application altogether or in part.
80F—Caveats
	(1)	A person claiming an estate or interest in the land to which an application under this Part relates, may at any time before the application is granted, lodge a caveat with the Registrar-General forbidding the granting of the application.
	(2)	A caveat under this section—
	(a)	shall state the nature of the estate or interest claimed by the person lodging it and shall give an address at which notices and proceedings relating to the caveat may be served;
	(b)	need not be in any particular form but shall be accepted by the Registrar‑General if it gives reasonable notice of the claim of the caveator.
	(3)	If the Registrar-General is satisfied that the caveator is the registered proprietor of the land to which the application relates, or has an estate or interest in that land derived under or through the registered proprietor, he shall refuse the application:
Provided that the Registrar-General shall not refuse an application solely on the ground that a person is entitled to an easement in or over the said land, but if a person is so entitled the Registrar-General may include in any certificate of title issued to the applicant a statement that the land is subject to the easement.
	(4)	If the Registrar-General is not satisfied that the caveator is the registered proprietor of the land or has an estate or interest therein derived under or through the registered proprietor, he shall give notice to the caveator that the caveator is required to take proceedings in the Court to establish his title to the estate or interest claimed by him, within a time specified in the notice being not less than six months after the giving thereof.
	(5)	If a caveator who has received such notice from the Registrar-General does not within the time mentioned in the notice bring an action in the Court to obtain a declaration that he is entitled to the estate or interest claimed by him and give written notice thereof to the Registrar-General, or obtain from the Court an order or injunction restraining the Registrar-General from issuing a certificate to the applicant under this Part, the caveat shall lapse.
	(6)	A lapsed caveat shall not except with the permission of the Court be renewed by or on behalf of the same person in respect of the same estate or interest.
	(7)	In any proceedings to establish the title of the caveator the issue for the Court to decide shall be whether the caveator is the registered proprietor of the land or is entitled to an estate or interest derived under or through the registered proprietor.
80G—Power to issue certificates
Upon or after the expiration of the time fixed by the notice under section 80E of this Act, if the Registrar-General is satisfied that the possession on which the applicant relies would, if the land had not been subject to this Act, have conferred on the applicant a title by possession, he may issue to the applicant a certificate for an estate in fee simple or for any other estate acquired by the applicant, free from all encumbrances appearing by the Register Book to affect the existing title: Provided that where a caveat has been lodged against the granting of an application the Registrar-General shall not grant that application unless—
	(a)	the caveat has lapsed; or
	(b)	proceedings taken by the caveator to establish his title have been finally disposed of, and in those proceedings the caveator has failed to establish his title, or to obtain from the Court an injunction restraining the Registrar‑General from issuing a certificate to the applicant.
80H—Cancellation of instruments
	(1)	Where a certificate of title for any land is issued under this Part the Registrar-General—
	(a)	shall cancel the existing certificate of title for that land and any instrument, entry or memorial in the Register Book altogether or to such extent as is necessary to give effect to the certificate of title issued;
	(b)	shall endorse on every certificate of title so cancelled a memorandum stating the circumstances and authority under which the cancellation is made.
	(2)	Upon the cancellation of a certificate of title, instrument, entry or memorial pursuant to this section, the estate and interest evidenced thereby shall cease and determine.
80I—Fees
The fees payable upon an application under this Part and in respect of the issue of a certificate under this Part shall be the same as if the application were an application to bring land under the provisions of this Act.

Part 8—Easements
81—Certificates may contain statement of right-of-way or other easement
Any certificate hereafter issued may contain a statement therein or thereon to the effect that the land therein described has appurtenant thereto any easement, or that the person therein named is entitled to any easement in gross, or that the land therein described is subject to any right or rights-of-way or other easement.
82—Description of easement
Every such statement or entry shall fully set forth a true and accurate description of the easement, or, if the instrument creating the same be enrolled or deposited in the General Registry Office, or deposited in the Lands Titles Registration Office, shall refer to such instrument.
83—Registered proprietor not to be subject to rights-of-way not mentioned in certificate
The registered proprietor of land brought under the provisions of the Real Property Act of 1861 after the passing of the Rights-of-Way Act 1881 or of land hereafter brought under the provisions of this Act shall be deemed to hold the land comprised in the certificate of such land subject to such rights-of-way only as are mentioned and set forth in such certificate.
84—Easement not binding on registered proprietor subsequently acquiring land bona fide for value unless entered on certificate of title
No easement hereafter created by express grant or transfer over or in respect of any servient land under the provisions of this Act shall be binding on any registered proprietor subsequently taking the land bona fide for valuable consideration, unless such easement shall be entered on the certificate of such land.
85—Land to be held free of rights-of-way
The registered proprietor of any land shall, as from the eighteenth day of November, 1886, hold the same freed and discharged from all rights-of-way existing on or before that date and not entered upon the certificate of such land in pursuance of an application made on or before such date under the Rights-of-Way Act 1881.
86—Public rights-of-way etc not within this Act
Rights-of-way or other easements now or hereafter acquired or enjoyed by the public in, over, along, or across any servient land shall not be deemed to be rights-of-way or easements within the meaning of this Part of this Act, or in respect of which applications may be made or caveats entered, and nothing herein contained shall derogate from any such rights or easements, or be deemed to confer on the registered proprietor of any such servient land a right to interfere with or obstruct the public use of any way or other easement so acquired or enjoyed as aforesaid.
87—Certificates heretofore issued conclusive evidence of right-of-way therein described
Every certificate issued before the eighteenth day of November, 1881, containing therein a statement to the effect that the registered proprietor is seized of the land therein described, subject to or together with any right-of-way therein described or delineated, or together with any easement therein described, shall be deemed to operate as a grant or reservation, as the case may be, of such right-of-way or other easement, and such certificate shall, except in the case of fraud, be received in all Courts as conclusive evidence of the existence of such right-of-way or other easement:
Provided that this section shall not apply to any right-of-way or other easement, the title to which is now the subject of pending litigation in any Court of Law, or to any right-of-way or other easement, the right to which has been concluded in any Court adversely to such right-of-way or easement.
88—Entry as to easement to be made on certificates of title
Whenever any right-of-way or other easement appurtenant to land under the provisions of this Act over land also under its provisions shall hereafter be granted or created, the Registrar-General shall make such entry on the certificates of title for the dominant and servient lands as he or she thinks fit.
89—Short form of describing right-of-way
The words "a free and unrestricted right-of-way" in any instrument shall be deemed to imply the words set forth in Schedule 5 hereto so far as they shall be applicable as fully and effectually as if set out at length in such instrument.
89A—Incorporation of long forms of easements in instruments
Where, in an instrument, a short form set out in Schedule 6 is used to grant or create an easement the instrument shall, unless the contrary intention appears, be deemed to incorporate the corresponding long form of that easement set out in the Schedule.
90—Deposit of plan showing rights-of-way
	(1)	Any registered proprietor of any land may deposit with the Registrar-General a plan of subdivision of the said land, showing the rights-of-way intended to be created by such proprietor over such land, and every subsequent registered proprietor of the said land, or any part thereof, shall be entitled to a right-of-way over all the rights-of-way shown in such plan, unless otherwise declared in his certificate.
	(2)	Subsection (1) shall not apply to a plan of subdivision deposited with the Registrar‑General after the commencement of the Real Property Act Amendment Act (No. 2) 1985.
90A—Application of sections 90B, 90C, 90D, 90E and 90F
	(1)	Sections 90B, 90C, 90D and 90E apply to, and in relation to, an easement whether the dominant and servient land are under the provisions of this Act and the easement has been entered on a certificate of title under this Part or not and whether the easement is created by instrument or by operation of a provision of this Act or some other Act or by operation of some other law.
	(2)	Section 90F only applies to, and in relation to, an easement if the dominant and servient land are under the provisions of this Act.
90B—Variation and extinguishment of easements
	(1)	Subject to this section, the Registrar-General may on application (in a form approved by the Registrar-General) by the proprietor of the dominant or servient land or on the Registrar-General's own initiative—
	(a)	vary the position of, or extend or reduce the extent of, an easement over servient land; or
	(b)	vary an easement by extending the appurtenance of the easement to other land owned by the proprietor of the dominant land; or
	(c)	extinguish an easement.
	(2)	Subject to this section, the Registrar-General must not act under subsection (1) except on the application, or with the written consent, of the proprietor of the dominant land and the servient land and with the written consent of all other persons who—
	(a)	in the case of land under the provisions of this Act—appear from the Register Book to have, or to claim, an estate or interest in the dominant or servient land;
	(b)	in the case of land that is not under the provisions of this Act—are known to the Registrar‑General (or who become known to the Registrar-General after making reasonable enquiry) to have, or to claim, an estate or interest in the dominant or servient land.
	(3)	The Registrar-General may dispense with the consent of the proprietor of the dominant or servient land required by subsection (2) if the Registrar-General is satisfied that—
	(a)	notice complying with subsection (3e) has been given to the proprietor; and
	(b)	28 days has passed since the notice was given; and
	(c)	the proprietor's estate or interest in the dominant or servient land will not be detrimentally affected by the proposed variation or extinguishment of the easement.
	(3a)	The Registrar-General may dispense with the consent of a person required by subsection (2) (other than the proprietor of the dominant or servient land) if he or she is satisfied that the person's estate or interest in the dominant or servient land will not be detrimentally affected by the proposed variation or extinguishment of the easement.
	(3b)	Without limiting the generality of subsection (3) or (3a), where—
	(a)	the original purpose of a right-of-way was to provide access to the dominant land to which it is appurtenant; and
	(b)	the right-of-way can no longer be exercised by the proprietor of that land for that purpose because the land has subsequently been separated from the right‑of‑way by the creation of intervening allotments,
the Registrar-General may extinguish the right-of-way without the consent of a person required by subsection (2) if he or she is satisfied that there is no reason to believe or suspect that the proprietor of that land, or a successor in title of the proprietor, has any reasonable prospect of using the right-of-way for access to that land in the future.
	(3c)	Without limiting the generality of subsection (3) or (3a), where dominant land is separated from a right-of-way appurtenant to the land by intervening land and the Registrar-General is satisfied that the continued existence of the right-of-way would not enhance the use or enjoyment of the dominant land, he or she may extinguish the right-of-way without the consent of a person required by subsection (2).
	(3d)	Before taking action under subsection (3b) or (3c) the Registrar-General must be satisfied that—
	(a)	notice complying with subsection (3e) has been given to the proprietor of the dominant land; and
	(b)	28 days has passed since the notice was given.
	(3e)	The notice referred to in subsections (3) and (3d) must—
	(a)	be approved by the Registrar-General; and
	(b)	include details of the proposed variation or extinguishment of the easement; and
	(c)	invite the person to whom it is given to make representations to the Registrar‑General in relation to the proposal within 28 days.
	(4)	The Registrar-General may extinguish an easement under subsection (1) without the consent of a person required by subsection (2) if—
	(a)	—
	(i)	in the opinion of the Registrar-General it is not reasonably practicable to ascertain the identity or whereabouts of that person; and
	(ii)	the Registrar-General is satisfied that the proprietor of the dominant land has ceased to exercise the rights conferred by the easement; and
	(b)	the Registrar-General has published notice of his or her intention to act under subsection (1) in the Gazette and in a newspaper circulating generally throughout the State; and
	(c)	where the person's identity is known—the Registrar-General has sent notice of his or her intention to act under subsection (1) by post addressed to the person at his or her last address known to the Registrar-General; and
	(d)	at least 21 days has elapsed since—
	(i)	notice was published under paragraph (b); and
	(ii)	where paragraph (c) applies, notice was posted under that paragraph.
	(6)	Subject to subsection (7), the proprietor of dominant land cannot transfer or convey the land without the easement that is appurtenant to it.
	(7)	The proprietor of dominant land or of some part of it may transfer or convey part of the land without the appurtenant easement if rights under the easement continue in existence in respect of some other part of the dominant land.
	(8)	The easement is extinguished in respect of land transferred or conveyed under subsection (7).
	(9)	Where, in the opinion of the Registrar-General, the creation or continuance of an easement was, or was likely to have been, a requirement on which—
	(aa)	the issue of a certificate by the State Planning Commission under section 138 of the Planning, Development and Infrastructure Act 2016; or
	(a)	the issue of a certificate by the Development Assessment Commission under section 51 of the Development Act 1993; or
	(b)	the issue of a certificate by a council or the South Australian Planning Commission under Part 19AB; or
	(c)	the approval of an application for the deposit of a strata plan by the South Australian Planning Commission or a council; or
	(d)	the consent or approval of an authority under a corresponding previous enactment,
was based—
	(e)	the easement cannot be varied or extinguished under this section; and
	(f)	the appurtenance of the easement cannot be extended to other land under this section; and
	(g)	the easement cannot be merged with the servient land by transfer or conveyance of the easement to the proprietor of the servient land or the transfer or conveyance of the servient land to the proprietor of the easement; and
	(h)	part of the dominant land cannot be transferred or conveyed separately from the easement thereby extinguishing the easement in respect of that land,
without the consent of the Development Assessment Commission.
	(10)	Upon the variation or extinguishment of an easement under this section the Registrar‑General must make such consequential entries in the Register Book or such entries in the records of the General Registry Office as he or she considers necessary.
	(11)	A reference in this section to dominant land includes a reference to an easement that is not appurtenant to any land.
	(12)	This section is subject to and does not derogate from any other Act relating to the variation or extinguishment of easements of a particular class.
90C—Easement and servient land may be vested in same person
	(1)	Subject to this section, a person may be the proprietor of an easement and the servient land that is subject to the easement and accordingly a person may grant an easement to himself or herself.
	(2)	Subject to this section, if an easement and the servient land are vested in the same person by transfer or conveyance the easement will not merge with the servient land unless the transfer or conveyance expresses the intention that it should do so.
	(3)	An easement is extinguished by the amalgamation of the dominant and servient land under Part 19AB Division 3.
	(4)	Where the whole or part of the land within the boundaries of an easement is amalgamated with the whole or part of the dominant land by the reconstitution of allotment boundaries upon deposit of a plan of division in the Lands Titles Registration Office, the easement is extinguished insofar as it extended over the amalgamated land.
90D—Survey of easement
Before registering an instrument creating or varying an easement, the Registrar‑General or the Registrar-General of Deeds may require the parties to the instrument to lodge a survey prepared by a licensed surveyor that delineates the boundaries of the easement.
90E—No private right-of-way over public street or road
	(1)	A private right-of-way cannot subsist over a public street or road and accordingly—
	(a)	a private right-of-way cannot be granted, reserved or otherwise created over a public street or road; and
	(b)	upon land becoming a public street or road all private rights-of-way over the land are extinguished; and
	(c)	all private rights-of-way existing over public streets or roads immediately before the commencement of the Real Property (Miscellaneous) Amendment Act 1994 are extinguished.
	(2)	Subsection (1) extinguishes a right-of-way only in respect of land that is a public street or road and the right-of-way remains in force in respect of other land (if any) that is subject to it.
	(3)	In this section—
a public street or road means—
	(a)	a public street or road within the meaning of Part 17 of the Local Government Act 1934;
	(b)	a thoroughfare vested in a council, an authority or the Crown by section 223LF or by a corresponding previous enactment;
	(c)	a public road referred to in section 27CA of the Highways Act 1927,
that the public is entitled to use as a street, road or thoroughfare.
90F—Easement subject to existing mortgage etc
If, when an easement is created over servient land, the dominant land, or any part of it, is subject to a mortgage or an encumbrance, the easement is also subject to the mortgage or encumbrance if—
	(a)	the instrument granting the easement provides that it is subject to the mortgage or encumbrance; and
	(b)	the mortgagee or encumbrancee has endorsed his or her consent to that on the instrument.

Part 9—Crown leases
90G—Interpretation
In this Part—
designated Act means—
	(a)	the Crown Land Management Act 2009; or
	(b)	the Pastoral Land Management and Conservation Act 1989; or
	(c)	a relevant Act within the meaning of Schedule 1 Part 7 of the Crown Land Management Act 2009; or
	(d)	any other Act under which a Crown lease may be granted or which regulates dealings with Crown leases.
91—Interpretation of Crown lease
For the purpose of this Part of this Act, every lease or agreement for sale of Crown lands hereafter granted, or made by or on behalf of the Crown, shall be deemed a Crown lease.
92—Person now holding under lease or agreement may surrender
Every person now holding any Crown lands under any lease or agreement for sale granted or made by or on behalf of the Crown may, subject to the approval of the Minister of Lands, surrender his lease or agreement for a Crown lease of the land remaining subject to such lease or agreement, upon all the same terms as shall have been applicable to such land prior to the surrender, but so that every person having any estate or interest in the surrendered land shall concur in the surrender.
93—Execution and registration of Crown Lease
	(1)	The parties to a Crown lease must execute a lease which must be lodged in the Lands Titles Registration Office for inclusion or recording in the Register of Crown Leases.
	(2)	The Register of Crown Leases may take the form of the individual copies of the leases bound into a book or kept separately or of records made by an electronic, electromagnetic, optical or photographic process or both of those forms.
	(3)	A Crown lease will be taken to be registered upon the Registrar-General allotting a volume and folio number in respect of the lease.
	(3a)	A Crown lease registered under subsection (3) is able to be (and a Crown lease so registered is taken to have always been able to be) transferred, mortgaged and dealt with for the purposes of this Act as if it were a lease registered in the Register Book (provided that an entry in respect of a lease that would ordinarily be made in the Register Book must instead be made in the Register of Crown Leases).
	(3b)	If an instrument lodged in the Lands Titles Registration Office transfers, mortgages or otherwise deals with a Crown lease, the instrument will be taken to be registered or recorded, as appropriate, on being entered in the Register of Crown Leases by the Registrar‑General.
	(3c)	However, the Registrar‑General may not register a Crown lease, or register or record an instrument that transfers, mortgages or otherwise deals with a Crown lease, unless satisfied that any consent required under a relevant designated Act has been obtained.
	(4)	Subject to this section, any person may have access to the Register of Crown Leases, and to all instruments affecting registered Crown leases in the Lands Titles Registration Office, for the purpose of inspection during the hours, and on the days, appointed for search.
	(5)	If, on the application of a person whose particulars are, or are to be, contained in the Register of Crown Leases, the Registrar‑General is satisfied that access under this section to any such particulars would be likely to place at risk the personal safety of the person, a member of the person's family or any other person, the Registrar‑General may take such measures as he or she thinks fit to prevent or to restrict access to those particulars.
	(6)	An application under subsection (5) must be in the appropriate form and must contain such particulars, and be supported by such evidence, as the Registrar‑General may require.
	(7)	The Registrar‑General may take such measures as he or she thinks fit to prevent or restrict access to any particulars the subject of an application under subsection (5) while the application is being determined.
	(8)	Nothing prevents the Registrar‑General varying or revoking any measures taken under subsection (5) or (7) if he or she thinks fit.
94—Forfeiture etc of Crown Lease
The forfeiture or determination of a Crown lease will not take effect until the forfeiture or determination has been entered in the Register of Crown Leases by the Registrar-General.
95—Indefeasibility of title under Crown lease
	(1)	Subject to subsection (2), section 69 applies (and is taken to have always applied) in relation to the title of a person who appears by the Register of Crown Leases to be a proprietor of land as if the person were the registered proprietor of the land and the Crown lease were the certificate of title.
	(2)	Subsection (1) does not operate to protect the interests of a party to an instrument if—
	(a)	any consent required under any relevant designated Act was not obtained before the instrument was registered; or
	(b)	the instrument is in any way inconsistent with any relevant designated Act.
95A—Evidentiary
Subject to this Part, a document that purports to have been certified by the Registrar‑General to be a correct copy of a Crown lease is to be accepted in legal proceedings—
	(a)	as conclusive evidence of title to any estate or interest in land that it records; and
	(b)	as evidence (which may be rebutted) of any other information that it records.
95B—Operation of Part in relation to Crown leases and other instruments subject to other Acts
	(1)	Nothing in this Part overrides any designated Act, and, to the extent of any inconsistency between this Part and a designated Act, the designated Act will prevail.
	(2)	To avoid doubt, registration or recording under section 93, and indefeasibility under section 95, do not prejudice or alter any right or remedy that the Crown would otherwise possess or validate any instrument, or provision of any instrument, that would not be valid under a designated Act.

Part 10—Transfers
96—Transfers
	(1)	If—
	(a)	land is intended to be transferred; or
	(b)	a right‑of‑way or other easement is intended to be created or transferred,
the transferor and the transferee must execute a transfer in the appropriate form to be lodged for registration in the Lands Titles Registration Office.
	(2)	A transfer must include—
	(a)	a description of the land intended to be dealt with (either by reference to the certificate of title for the land or by the inclusion of a description that clearly identifies the land); and
	(b)	an accurate statement of the estate or interest intended to be transferred or created; and
	(c)	a statement indicating that—
	(i)	the transferee; or
	(ii)	if the transferee is a child or a mentally incapacitated person (within the meaning of the Guardianship and Administration Act 1993)—the transferee's guardian or the administrator of his or her estate,
accepts the transfer or grant of the land, right‑of‑way or easement.
	(3)	Acceptance under this section of a transfer on behalf of a child does not affect any right of the child, or any person on the child's behalf, to avoid or disclaim the transfer.
96AA—Creation of easements by reservation
An easement may be created on the transfer under this Act of an estate of freehold or the granting of an estate of leasehold under this Act by reservation of the easement to the transferor or lessor in the instrument of transfer or the lease.
97—Transferee of land subject to mortgage or encumbrance to indemnify transferor
In every instrument transferring land mortgaged or encumbered there shall be implied the following covenant by the transferee with the transferor, and so long as such transferee shall remain the registered proprietor, with the mortgagee or encumbrancee, that is to say—That the transferee will pay the principal, interest, and other moneys secured by such mortgage or encumbrance, after the rate and at the time or times specified therein, and will indemnify and keep harmless the transferor from and against such principal, interest, and other moneys and from and against all liability in respect of any of the covenants contained in such mortgage or encumbrance or by this Act implied on the part of the transferor.
102—Memorial of order for sale of land for non-payment of rates
Whenever the Court or a Judge under the powers conferred by the Local Government Act 1934 or any Act or Acts amending the same, or any other Act, shall have made an order for the sale of any land under the provisions of this Act, the Registrar-General shall, upon being served with a copy of the order, mark thereon the time of such service, and shall enter a memorial thereof in the Register Book, which shall operate as a caveat against alienation other than in pursuance of such order while the same remains in force.
103—Registration of transfer hereunder
Upon the production of a transfer of the land duly executed in pursuance of any such order, the Registrar-General must register such transfer, and enter on the certificate a memorandum cancelling the same either wholly or partially, as the case may require, and shall issue to the transferee a certificate of the land comprised in such transfer, free from all encumbrances, charges, exceptions, qualifications, and conditions whatsoever other than those mentioned in the transfer.
104—Discharge of memorial
In any such case, if only a portion of the land comprised in any certificate has been sold, and the whole of the arrears of rates, interest, and costs appear to be satisfied by the sale of the land transferred, a statement to that effect shall be appended to the transfer, signed by the Master or other officer of the Court acting in that behalf; and thereupon the Registrar-General shall make an entry on the partially cancelled certificate in the Register Book, discharging the memorial of the order entered thereon.
105—Sale under writ of fieri facias or decree, warrant or order of court
No execution issued prior to or after the passing of this Act shall bind, charge, or affect any land, but the Registrar-General shall, on being served with a copy of any writ or warrant of execution against land, or of any decree or order (other than an order for sale for non-payment of rates) affecting land issued out of or made by the Court, or any Court of insolvency or other Court of competent jurisdiction, accompanied by a statement signed by any party interested, or by the party's attorney, solicitor, or agent, specifying the land sought to be affected thereby, mark upon such copy the time of such service, and shall enter a memorial of such writ, warrant, decree, or order on the certificate, which shall operate as a caveat against alienation other than in pursuance of such writ, warrant, decree, or order, while the same remains in force.
106—Transfer not to be valid against purchaser until entry of writ
Until such service and entry no sale or transfer under any such decree, order, writ, or warrant shall be valid as against a purchaser for valuable consideration, notwithstanding the purchaser had actual or constructive notice of such decree, order, writ or warrant.
107—Transfer on sale under writ, warrant, decree or order
After any land so specified as aforesaid shall have been sold under any writ, warrant, decree, or order, the Registrar-General, on receiving a transfer thereof in the appropriate form, shall, subject to the provisions hereinafter contained, register such transfer, and on registration the purchaser shall be deemed the transferee and registered proprietor of the land so sold; and every sale under any such writ, warrant, decree, or order shall take priority over and be effectual as against any other dealing affecting such land, entered into or transacted after the service of the writ, warrant, decree, or order, and the entry thereof on the certificate.
109—Satisfaction of writ, warrant, decree, or order
The Registrar-General shall, upon production to him of sufficient evidence of the satisfaction of any such decree, order, writ, or warrant as aforesaid, cause an entry of such satisfaction to be made in the Register Book, and on such entry such writ, warrant, decree, or order shall be deemed to be satisfied.
110—Lapse of writ, decree, warrant, or order
Every decree, order, writ, or warrant of execution shall cease to bind, charge, or affect any land, unless a transfer upon a sale under such writ, warrant, decree, or order shall be presented for registration within six months from the day on which the copy was served, or within such extended time as the Court shall order.
111—Transfer by registered proprietor to spouse etc
The registered proprietor of any estate or interest in land may transfer such estate or interest, or any part thereof, to the spouse of such registered proprietor, or to such registered proprietor, and any other person or persons as joint tenants or tenants in common, and may limit any estates by remainder or otherwise, without limiting any use, or executing any re-assignment; and upon the registration of any such transfer the estate or interest thereby dealt with or transferred shall vest in the transferee or transferees, according to the intent and meaning appearing in and expressed by such instrument.
115A—Issue of certificate where land is vested by operation of law
Despite anything in this Act or any other Act or law, if the Registrar‑General is satisfied that an estate or interest in land has become vested in a person by operation of an Act, the Registrar‑General may (whether or not an appropriate application has been made by that person)—
	(a)	in the case of land under the provisions of this Act—without the execution or production of any instrument or document whatsoever, register the person as the proprietor of that estate or interest in the land and enter on the certificate of title a memorial of the vesting of the estate or interest; or
	(b)	in the case of land not under the provisions of this Act—without the execution or production of any instrument or document whatsoever, bring the land under the provisions of this Act, register the person as the proprietor of that estate or interest in the land and issue a certificate of title on which has been entered a memorial of the vesting of the estate or interest.

Part 11—Leases and surrenders
116—Leasing of land
When any land is intended to be leased for a life or lives, or for any term of years exceeding one year, the registered proprietor and the prospective lessee shall, or for any less term may, execute a lease in the appropriate form.
117—Contents of lease
Every such lease shall, for description of the land intended to be dealt with, refer to the certificate of the land, or shall give such other description as may be necessary to identify the land, and a right for or covenant by the lessee to purchase the land therein described may be stipulated in such lease, and shall be binding.
118—Leases not to bind non-consenting mortgagees or encumbrancees
No lease of mortgaged or encumbered land shall be valid and binding against any mortgagee or encumbrancee of the land unless such mortgagee or encumbrancee shall have consented in writing to such lease prior to the same being registered.
119—Lease for 1 year need not be registered
Every registered or recorded instrument is subject to any prior unregistered lease or any agreement for lease or for letting for a term not exceeding 1 year to a tenant in actual possession thereunder: Provided that no right or covenant to purchase the freehold contained in any such unregistered lease or agreement, nor any right or covenant for renewal of such lease or agreement, will be valid as against any subsequent purchaser of the reversion, lessee, mortgagee, or encumbrancee, unless such lease or agreement be registered or protected by caveat.
119A—Standard terms and conditions of lease
	(1)	A person may deposit with the Registrar-General for filing in the Lands Titles Registration Office a document containing terms and conditions for incorporation as standard terms and conditions in leases under this section.
	(2)	A lease may provide that standard terms and conditions, as contained in a document deposited with the Registrar-General under subsection (1)—
	(a)	are incorporated in the lease; or
	(b)	are incorporated in the lease subject to exclusions or amendments specified in the lease,
and, in that event, the lease has effect as if those terms and conditions were (subject to any exclusions or amendment specified in the lease) contained in the lease.
	(3)	Where a lease makes provision for incorporation of standard terms and conditions (either with or without exclusions or amendments), the lessor must, before execution of the lease by the lessee, provide the lessee with a copy of the standard terms and conditions.
Maximum penalty: $500.
	(4)	Non-compliance with subsection (3) does not affect the validity or effect of a lease.
120—Lease may be surrendered by separate instrument
	(1)	A registered lease may be surrendered by instrument in the appropriate form, executed by the lessee and lessor.
	(2)	On registering an instrument under subsection (1), the Registrar‑General must enter a memorial of the surrender in the Register Book.
121—Registrar‑General may record surrender
If a lessee has given written notice to the lessor, or the agent of the lessor, of his or her intention to give up possession of land comprised in a registered lease, the Registrar‑General may, on application by the lessor in the appropriate form, and on production of such evidence as the Registrar‑General may require that the lessee has abandoned the occupation of the land comprised in the lease, make a record in the Register Book, and the record will then operate as a surrender of the lease.
122—Effect of entry of surrender
Upon every entry made in the Register Book, in pursuance of either of the two preceding sections, the estate or interest of the lessee in the land shall revest in the lessor.
123—Surrender where lease subject to mortgage or under-lease
No lease mortgaged or encumbered, or of land mortgaged or encumbered, prior or subsequently to the registration of such lease, shall be so surrendered without the consent thereto in writing of the mortgagee or encumbrancee, and every surrender of a lease, whether by operation of law, by act of parties, or pursuant to the provisions hereinafter contained on bankruptcy or statutory assignment, shall be subject to any registered under-lease, or to any unregistered under-lease, or agreement for under‑lease or under‑letting for a term not exceeding one year to a tenant in actual possession thereunder.
124—Covenants to be implied in every lease against the lessee
In every lease there shall be implied the following covenants by the lessee with the lessor, that is to say:
	(a)	that he will pay the rent thereby reserved at the times therein mentioned, and all rates and taxes which may be payable in respect of the demised property, during the continuance of the lease;
	(b)	that he will keep and yield up the demised property in good and tenantable repair, reasonable wear and tear excepted.
125—Powers to be implied in lessor
In every lease there shall also be implied the following powers in the lessor, that is to say:
	(a)	power to distrain according to law;
	(b)	that he may, by himself or his agents, at all reasonable times, enter upon the demised property, and view the state of repair thereof, and may serve upon the lessee, or leave at his last or usual place of abode in the State, or upon the demised property, a notice in writing of any defect, requiring him within a reasonable time, to be therein prescribed, to repair the same;
	(c)	that in case the rent, or any part thereof, shall be in arrear for the space of three months, although no demand shall have been made thereof, or in case default shall be made in the fulfilment of any covenant, whether expressed or implied in such lease, on the part of the lessee, and shall be continued for the space of three months, or in case the repairs required by such notice as aforesaid shall not have been completed within the time therein specified, it shall be lawful for the lessor to re-enter upon and take possession of the leased premises.
126—Registrar-General to note particulars of re-entry in Register Book
The Registrar-General, upon proof to his satisfaction of re-entry by the lessor, in manner prescribed by the lease, or under the power in the third subsection of the last preceding section provided for, or of recovery of possession by a lessor, by any proceeding in law, shall note the same by entry in the Register Book, and the estate of the lessee in such land shall thereupon determine, but without releasing him from his liability in respect of the breach of any covenant in such lease expressed or implied.

Part 12—Mortgages, encumbrances, and discharges
128—Mortgage of land
	(1)	If land is to be charged or made security in favour of a person, a mortgage must be executed by the registered proprietor and the person.
	(2)	A mortgage lodged for registration in the Lands Titles Registration Office must be in the appropriate form.
	(3)	Certification required under section 273(1) in relation to a mortgage lodged for registration in the Lands Titles Registration Office must be provided by the mortgagee.
	(4)	If certification under section 273(1) is provided by a mortgagee in relation to a mortgage lodged for registration in the Lands Titles Registration Office, the mortgage will be taken, for the purposes of this section, to have been executed by the mortgagee.
	(5)	The Registrar‑General may register a mortgage lodged for registration in the Lands Titles Registration Office that is executed solely by the mortgagee—
	(a)	if the Registrar‑General is satisfied that a mortgage on the same terms as the mortgage lodged for registration (the corresponding mortgage) has been executed by the mortgagor as required under subsection (1) and retained by the mortgagee; and
	(b)	in a case where the mortgagee is not an ADI—if certification required under section 273(1) in relation to the mortgage has been provided—
	(i)	by a legal practitioner or a registered conveyancer; or
	(ii)	if the Registrar‑General has given written approval for another person to provide the certification—by that person.
	(6)	If the Registrar‑General registers a mortgage that is executed solely by the mortgagee, the corresponding mortgage—
	(a)	must be retained by the mortgagee until he or she ceases to be mortgagee; and
	(b)	if the mortgage is transferred under section 150—must be given to the transferee.
Maximum penalty: $5 000.
	(7)	If a mortgage is transferred under section 150, the corresponding mortgage must be retained by the transferee until he or she ceases to be mortgagee.
Maximum penalty: $5 000.
	(8)	This section only applies to land intended to be charged or made security under this Act by the registration of a mortgage.
	(9)	To avoid doubt, the execution of an instrument under this section is not required to be witnessed.
128A—Obligations of mortgagee
	(1)	A person must not enter into a mortgage as mortgagee without first verifying the authority of the intended mortgagor to enter into the mortgage in accordance with the verification of authority guidelines.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(2)	A mortgagee must retain a copy of any document used for the purpose of fulfilling his or her obligations under subsection (1) for the period prescribed by the regulations.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(3)	This section does not apply in relation to a mortgage that is not intended to be lodged for registration in the Lands Titles Registration Office.
128B—Encumbrance of land
	(1)	If land is to be charged with, or made security for, the payment of an annuity, rent-charge or sum of money in favour of a person, an encumbrance in the appropriate form must be executed by the registered proprietor and the person.
	(2)	This section only applies to land intended to be charged or made security under this Act by the registration of an encumbrance.
129—Contents of mortgage or encumbrance
	(1)	Every mortgage or encumbrance to which section 128 or 128B applies must, for description of the land intended to be dealt with, refer to the certificate of the land, or give such other description as may be necessary to identify the same, and contain an accurate statement of the estate or interest intended to be mortgaged or encumbered.
	(2)	Where, in any such mortgage or encumbrance—
	(a)	the rate of interest, the manner of repayment of the principal sum and interest or any other term that, in the opinion of the Registrar-General, relates to the substance of the transaction is determined by reference to some other document; or
	(b)	the mortgagor or encumbrancer is required to—
	(i)	build in accordance with any plans and specifications which are in existence at the date of the mortgage or encumbrance; or
	(ii)	do or refrain from doing any other act or thing by reference to some other document and the requirement is not, in the opinion of the Registrar-General, adequately set forth in the instrument lodged for registration,
the Registrar-General may require that a copy of the plans and specifications or the document concerned be attached to the mortgage or encumbrance or be deposited in the General Registry Office or in any other public registry in the State.
129A—Standard terms and conditions of mortgage or encumbrance
	(1)	A person may deposit for filing in the Lands Titles Registration Office a document containing terms and conditions for incorporation as standard terms and conditions in mortgages or encumbrances under this section.
	(2)	A mortgage or encumbrance may provide that standard terms and conditions, as contained in a document deposited in the Lands Titles Registration Office under subsection (1)—
	(a)	are incorporated in the mortgage or encumbrance; or
	(b)	are incorporated in the mortgage or encumbrance subject to exclusions or amendments specified in the mortgage or encumbrance,
and, in that event, the mortgage or encumbrance has effect as if those terms and conditions were (subject to any exclusions or amendment specified in the mortgage or encumbrance) contained in the mortgage.
	(3)	Where a mortgage or encumbrance makes provision for incorporation of standard terms and conditions (either with or without exclusions or amendments), the mortgagee or encumbrancee must, before execution of the mortgage or encumbrance by the mortgagor or encumbrancer, provide him or her with a copy of the standard terms and conditions.
	(4)	Non-compliance with subsection (3) does not affect the validity or effect of a mortgage or encumbrance.
130—Covenant to be implied in every mortgage
In every mortgage and encumbrance there shall be implied a covenant by the mortgagor or encumbrancer with the mortgagee or encumbrancee that he will repair and keep in repair all buildings and other improvements erected and made upon the mortgaged or encumbered land, and that the mortgagee or encumbrancee may, at all convenient times, until the mortgage or encumbrance be redeemed, be at liberty, with or without surveyors or others to enter into and upon such land to view and inspect the state of repair of such buildings and improvements.
130A—Implied covenant in encumbrance
In every encumbrance executed after the twenty-third of December, 1893, unless it is therein otherwise provided, there shall be implied a covenant by the encumbrancer with the encumbrancee that he will pay the annuity, rent-charge or other sum of money thereby secured at the times and in the manner therein mentioned.
131—Subsequent mortgagees or encumbrancees, may redeem prior mortgages etc
In case the money secured by any mortgage or encumbrance shall be due, and the mortgagee or encumbrancee shall require payment of the same, it shall be lawful for any other mortgagee or encumbrancee of the same land to tender and pay to the mortgagee or encumbrancee requiring such payment, the money due upon his security, and the mortgagee or encumbrancee making such payment shall be entitled to a transfer of the estate and interest of the mortgagee or encumbrancee requiring such payment.
132—Nature of mortgage and encumbrance, and procedure in case of default
Every mortgage and encumbrance under this Act shall have effect as a security, but shall not operate as a transfer of the land thereby charged and in case default be made in the payment of the principal sum, interest, annuity, or rent-charge, or any part thereof thereby secured, or in the observance of any covenant therein expressed or implied, and such default be continued for the space of one month, or for such other period of time as may therein for that purpose be expressly limited the mortgagee or encumbrancee may give to the mortgagor or encumbrancer notice in writing to pay the money then due or owing on such mortgage or encumbrance, or to observe the covenants therein expressed or implied, as the case may be, and that sale will be effected if such default be continued, or may leave such notice on the mortgaged or encumbered land, or at the usual or last known place of abode in South Australia of the mortgagor or encumbrancer.
133—Power of sale
If such default be continued for the further space of one month from the date of such notice, or for such other period as may in such instrument be for that purpose limited, the mortgagee or encumbrancee is hereby authorised and empowered to sell the land so mortgaged or encumbered, or any part thereof, and all the estate and interest therein of the mortgagor or encumbrancer, and either altogether or in lots, by public auction or by private contract, or by both such modes of sale, and subject to such conditions as he may think fit, and to buy in and resell the same without being liable for any loss occasioned hereby, and to make and execute all such instruments as shall be necessary for carrying the sale thereof into effect.
134—Mortgagee's receipt to discharge purchaser
All sales contracts, matters, and things authorised by the last preceding section shall be as valid and effectual as if the mortgagor or encumbrancer had made, done, or executed the same, and the receipt or receipts in writing of the mortgagee or encumbrancee shall be a sufficient discharge to the purchaser of the land, or any portion thereof, for so much of his purchase-money as may be thereby expressed to be received; and no such purchaser shall be answerable for the loss, misapplication, or non-application, or be obliged to see to the application of the purchase-money by him paid, nor shall he be concerned to inquire as to the fact of any default, or notice having been made or given, as aforesaid.
135—Appropriation of proceeds
The purchase-money to arise from the sale of any such land shall be applied: First—In payment of the expenses occasioned by such sale: Secondly—In payment of the moneys which may then be due or owing to the mortgagee or encumbrancee: Thirdly—In payment of subsequent mortgages or encumbrances, if any, in the order of priority; and the surplus, if any, shall be paid to the mortgagor or encumbrancer, as the case may be.
135A—Mode of payment of encumbrance
	(1)	All moneys which by reason of any sale by an encumbrancee or otherwise shall become applicable to the payment of an encumbrance shall be applied firstly in payment of the moneys then actually due to the encumbrancee, and if the encumbrance shall not then be satisfied the surplus shall be paid to the Public Trustee who shall invest the same upon Government securities or upon loan to the Treasurer and shall hold such surplus and the investments and income thereof upon trust to satisfy the accruing payments of the annuity, rent-charge, or other sum of money secured by the encumbrance and subject thereto for the person entitled to such moneys after payment of the encumbrance.
	(2)	This section shall take effect as though inserted in this Act on the passing thereof.
136—Transfer upon sale by mortgagee or encumbrancee
	(1)	Upon the registration of a transfer by a mortgagee or encumbrancee exercising the power of sale conferred by this Act the estate or interest of the mortgagor or encumbrancer passes to the transferee—
	(a)	freed and discharged from the mortgage or encumbrance and from all estates, interests and rights to which the mortgage or encumbrance has priority,
but—
	(b)	subject to all estates, interests and rights that have priority to the mortgage or encumbrance.
	(2)	The registration of a transfer by a mortgagee or encumbrancee exercising the power of sale conferred by this Act is not prevented by a caveat or an instrument that has effect as a caveat where the caveat or the instrument relates to an estate, interest or right to which the mortgage or encumbrance has priority and, upon registration of the transfer—
	(a)	any such caveat; and
	(b)	the registration of any such instrument that has effect as a caveat,
shall be deemed to have been cancelled.
	(3)	This section shall be deemed to have had effect from the commencement of this Act.
137—Power of mortgagee to enter, take possession, distrain, let, or bring action for recovery of land
The mortgagee or encumbrancee, upon default in payment of the principal sum, interest, annuity, or rent-charge, secured by any mortgage or encumbrance, or any part thereof, may enter into possession of the mortgaged or encumbered land and receive the rents and profits thereof, or may distrain upon the occupier or tenant of the land under the power hereinafter contained, or may from time to time let the said land for any term not exceeding one year, or may bring an action for recovery of the land either before or after entering into the receipt of the rents and profits, or making any distress as aforesaid, and either before or after any sale of the land shall be effected under the power of sale given or implied in his mortgage or encumbrance.
138—Power of mortgagee to distrain on tenant or occupier for arrears not exceeding the amount of rent due
Besides his remedy against the mortgagor or encumbrancer, every mortgagee or encumbrancee shall be entitled after the principal sum, interest, annuity, or rent-charge shall have been in arrear for twenty-one days, and after seven days shall have elapsed from the date of application for the payment thereof to the occupier or tenant, to enter upon the mortgaged or encumbered land, and distrain upon the goods and chattels of such occupier or tenant for such arrears to an amount not exceeding the rent then due from such occupier or tenant to the mortgagor or encumbrancer, and to dispose of the goods and chattels so distrained upon in like manner as landlords may do in ordinary distresses for rent, and out of the proceeds to retain the moneys distrained for, and all costs and expenses occasioned by such distress and sale; and any amount paid by the occupier or tenant to the mortgagee or encumbrancee, or realised by distress as aforesaid, shall be deemed pro tanto a satisfaction of the said rent.
139—Duty of mortgagee of leasehold entering into possession of rent and profits to account
Any mortgagee or encumbrancee of leasehold land, or any person claiming any such land as a purchaser or otherwise, from or under such mortgagee or encumbrancee, shall, after entering into possession of the land, or receiving the rents and profits thereof, during such possession, or receipt, and to the extent of any rents and profits which may be received by him, become and be subject and liable to the lessor of the land, or the person for the time being entitled to the lessor's estate or interest therein, or entitled to receive the rent reserved to such lessor to the same extent as the lessee was subject and liable prior to such mortgagee, encumbrancee, or other person entering into the possession of the land, or the rents or profits thereof.
140—Application by mortgagee to Registrar-General for foreclosure
	(1)	When default has been made for six months in the payment of the principal or interest secured by any mortgage, the mortgagee may make application, in writing, to the Registrar-General for an order for foreclosure.
	(2)	Such application shall state that such default has been made as aforesaid, and that the land mortgaged has been offered for sale at public auction by a licensed auctioneer, after notice given to the mortgagor, as in this Act or by the mortgage provided; that the amount of the highest bid at such sale was not sufficient to satisfy the money secured by such mortgage, together with the expenses occasioned by the attempted sale; and that notice in writing of the intention of the mortgagee to make such application has been served on the mortgagor, by being given to him or by being left on the mortgaged land, or by the same being sent through the post office by a registered letter directed to him at his address appearing in the Register Book; and also that a like notice of such intention has been served on every person appearing by the Register Book to have any estate or interest in the mortgaged land, subsequently to such mortgage, by being given to him or sent through the post office by a registered letter directed to him at his address appearing in the Register Book; and such application shall be accompanied by a certificate of the licensed auctioneer by whom such land was put up for sale, and such other proof of the matters stated by the applicant as the Registrar-General may require; and the statements made in such application shall be verified by declaration.
141—Procedure on foreclosure application
The Registrar-General shall cause notice to be published in the Government Gazette, offering the land for sale; and shall in such case limit and appoint a time, not less than one month from the date of the publication in such Gazette, upon or after which the Registrar-General may issue to the applicant an order for foreclosure, unless in the interval a sufficient amount has been realised by the sale of the land to satisfy the principal and interest moneys due, and all expenses occasioned by the attempted sale and by the proceedings for foreclosure.
142—Effect of order for foreclosure
Every such order for foreclosure shall be under the hand of the Registrar-General, and be entered in the Register Book, and shall when so entered have the effect of vesting in the mortgagee all the estate and interest of the mortgagor in the land mentioned in such order, free from all right and equity of redemption on the part of the mortgagor, or of any person claiming through or under him subsequently to the mortgage so foreclosed, and upon such entry the mortgagee shall be deemed the registered proprietor of the said estate and interest.
142A—Provision for case where mortgagee or encumbrancee refuses to join in proceedings on default
	(1)	Where two or more persons are registered as mortgagees or encumbrancees under the same mortgage or encumbrance, and such default has been made in payment of any money due under the mortgage or encumbrance or in the performance of any covenant in the said mortgage or encumbrance expressed or implied as entitles the mortgagees or encumbrancees to exercise any of their rights or remedies under this Act or under the mortgage or encumbrance, and any such mortgagee or encumbrancee fails or refuses to join in giving any notice, making any application or doing any other act or thing for the purpose of enforcing any of the said rights or remedies, the Court may, on the application by originating summons of any other mortgagee or encumbrancee and on any terms and conditions which it thinks just—
	(a)	appoint any one of such mortgagees or encumbrancees or any other person to exercise on behalf of the mortgagees or encumbrancees such of the said rights or remedies as the Court thinks proper;
	(b)	give any directions as to the mode of exercising the said rights or remedies and as to any other matters incidental thereto.
	(2)	Any document executed by any person so appointed shall, for the purposes of this Act, but subject to the terms of the order, have the like effect as if executed by the mortgagees or encumbrancees.
143—Discharge of mortgages and encumbrances
	(1)	A mortgage or encumbrance may be wholly or partially discharged by instrument in the appropriate form and executed by the mortgagee or encumbrancee.
	(2)	Where 2 or more mortgagees or encumbrancees are entitled jointly, the discharge may be executed by 1 on behalf of all of them.
144—Partial discharge of mortgage or encumbrance on grant of easement
Where—
	(a)	an easement is granted over land that is subject to a mortgage or an encumbrance; and
	(b)	the mortgagee or encumbrancee has endorsed his or her consent to the easement on the instrument granting the easement,
the mortgage or encumbrance is partially discharged so that it is subject to the easement.
145—Entry of satisfaction of annuity
Upon the proof of the death of the annuitant, or of the occurrence of the event or circumstance upon which, in accordance with the provisions of any encumbrance, the annuity or sum of money thereby secured shall cease to be payable, and that all arrears of the said annuity or money have been paid, satisfied, or discharged, the Registrar‑General shall make an entry in the Register Book noting that such annuity or sum of money is satisfied and discharged, and shall cancel the encumbrance; and upon such entry being made in the Register Book, the land comprised in the encumbrance shall cease to be subject to or liable for such annuity or sum of money.
146—Discharge of mortgage by Minister in certain cases
	(1)	Where all moneys secured by a mortgage have been paid by the mortgagor and the mortgagee—
	(a)	is dead; or
	(b)	cannot be found; or
	(c)	is incapable of executing a discharge of the mortgage; or
	(d)	has, in the opinion of the Minister, refused to execute a discharge of the mortgage without sufficient reason,
the Minister may execute a discharge of the mortgage.
	(1a)	The Minister must not execute a discharge of mortgage pursuant to subsection (1)(d) unless—
	(a)	the Registrar-General has sent by registered post to the mortgagee at their last known address a notice stating that the Minister proposes to discharge the mortgage pursuant to subsection (1)(d) at the expiration of the prescribed period unless the mortgagee establishes to the satisfaction of the Minister that the mortgagee is justified in refusing to execute a discharge of the mortgage; and
	(b)	the prescribed period has elapsed since the notice was sent.
	(1b)	The prescribed period is—
	(a)	in a case where the notice is addressed to the mortgagee within Australia—one month;
	(b)	in any other case—two months.
	(2)	The Minister may receive moneys on behalf of a mortgagee, or the estate of a mortgagee, who—
	(a)	is dead; or
	(b)	cannot be found; or
	(c)	is incapable of executing a discharge of the mortgage; or
	(d)	has, in the opinion of the Minister, refused to accept payment under the mortgage without sufficient reason,
and any moneys so received shall, for the purposes of this section, and the mortgage, be deemed to have been paid to the mortgagee.
	(3)	Any moneys received by the Minister under subsection (2) of this section shall be held by him upon trust for the mortgagee or other person entitled thereto.
	(4)	Subject to subsection (5) of this section, a discharge of mortgage executed under this section shall have the same effect as a discharge executed by the mortgagee.
	(5)	A discharge of mortgage executed under this section shall not operate as a discharge of the personal covenants of the mortgage.
147—Cancellation of registration of mortgage by Registrar‑General
	(1)	The Registrar‑General may cancel the registration of a mortgage if—
	(a)	the person by or on whose behalf the mortgage was signed or executed as mortgagor (the purported mortgagor) is not the registered proprietor of land subject to the mortgage; and
	(b)	the mortgagee—
	(i)	failed to comply with a requirement under this Act or the Electronic Conveyancing National Law (South Australia) to verify the purported mortgagor's identity or authority to enter into the mortgage; or
	(ii)	if the mortgage was transferred to the mortgagee—failed to comply with a requirement under this Act to establish that the transferor complied with an obligation imposed on the transferor, as mortgagee, to verify the purported mortgagor's identity or authority to enter into the mortgage.
	(2)	The Registrar-General may cancel the registration of a mortgage that is executed solely by the mortgagee if the mortgagee is unable to produce, at the request of the Registrar‑General, the corresponding mortgage required to be retained by the mortgagee under section 128.
148A—Entry in Register Book where rights of mortgagee barred by Statute
	(1)	If the Registrar-General is satisfied that the mortgagor of any land is in possession thereof and that the rights of the mortgagee to bring an action for the money secured by the mortgage are barred by the Limitation of Actions Act 1936, the Registrar‑General, with the concurrence of a legal practitioner, may make an entry in the Register Book noting that the rights of the mortgagee are barred by Statute.
	(2)	Upon the making of an entry in the Register Book pursuant to this section the mortgage shall be deemed to be discharged.
150—Transfer of mortgage, lease and encumbrance
A registered mortgage, lease or encumbrance may be transferred by execution of a transfer in the appropriate form.
151—Effect of such transfer
Upon such transfer or other instrument being registered, the estate or interest of the transferor, as set forth in the instrument transferred, with all rights, powers, and privileges thereto belonging or appertaining, including the right to sue upon and recover in his own name any debt, sum of money, annuity, or damages, under such transferred instrument, shall pass to the transferee, and such transferee shall, while he remains the registered proprietor of such estate or interest, be subject to and liable for all and every the same requirements and liabilities to which he would have been subject and liable if named in the transferred instrument originally as mortgagee, lessee, or encumbrancee.
152—Covenants implied in transfer of lease
In every transfer of a lease there shall be implied a covenant by the transferee with the transferor, thenceforth to pay the rent by the lease reserved, and to perform and observe all the covenants in the lease contained or by this Act declared to be implied therein on the part of the lessee to be performed and observed, and to indemnify and keep harmless the transferor against all actions, claims, and expenses in respect of the non-payment of such rent, or the breach or non-observance of such covenants or any of them.
152A—Obligation of transferee if mortgage transferred
	(1)	A person must not execute a transfer of a mortgage, as transferee, without first taking reasonable steps to establish that the transferor complied with any obligation imposed under this Act on the transferor, as mortgagee, to verify the mortgagor's identity or authority to enter into the mortgage.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(2)	A transferee must retain a copy of any document used for the purpose of fulfilling his or her obligations under subsection (1) for the period prescribed by the regulations.
Maximum penalty: $10 000 or imprisonment for 2 years.

Part 13—Extensions
153—Renewal or extension of mortgage etc
	(1)	A mortgage, encumbrance or lease may be renewed or extended by registration of an instrument in the appropriate form.
	(2)	An instrument renewing or extending a lease must be lodged in the Lands Titles Registration Office not later than 2 months after the day on which the lease would, but for the renewal or extension, expire.
153A—Requirements for renewal or extension of mortgage
	(1)	Certification required under section 273(1) in relation to an instrument lodged for registration in the Lands Titles Registration Office renewing or extending a mortgage must be provided by the mortgagee.
	(2)	If certification under section 273(1) is provided by a mortgagee in relation to an instrument lodged for registration in the Lands Titles Registration Office renewing or extending a mortgage, the instrument will be taken, for the purposes of this section, to have been executed by the mortgagee.
	(3)	The Registrar‑General may register an instrument lodged for registration in the Lands Titles Registration Office renewing or extending a mortgage that is executed solely by the mortgagee—
	(a)	if the Registrar‑General is satisfied that a document in the same terms as the instrument lodged for registration (the corresponding document) has been executed by the mortgagor and retained by the mortgagee; and
	(b)	in a case where the mortgagee is not an ADI—if certification required under section 273(1) in relation to the instrument has been provided—
	(i)	by a legal practitioner or a registered conveyancer; or
	(ii)	if the Registrar‑General has given written approval for another person to provide the certification—by that person.
	(4)	If the Registrar‑General registers an instrument renewing or extending a mortgage that is executed solely by the mortgagee, the corresponding document—
	(a)	must be retained by the mortgagee until he or she ceases to be mortgagee; and
	(b)	if the mortgage is transferred under section 150—must be given to the transferee.
Maximum penalty: $5 000.
	(5)	If the mortgage is transferred under section 150, the corresponding document must be retained by the transferee until he or she ceases to be mortgagee.
Maximum penalty: $5 000.
	(6)	To avoid doubt, the execution of an instrument under this section is not required to be witnessed.
153B—Obligations of mortgagee
	(1)	A mortgagee under a registered mortgage must not execute an instrument renewing or extending the mortgage without first verifying, in accordance with the verification of authority guidelines, the mortgagor's authority to enter into the transaction for the renewal or extension of the mortgage.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(2)	A mortgagee must retain a copy of any document used for the purpose of fulfilling his or her obligations under subsection (1) for the period prescribed by the regulations.
Maximum penalty: $10 000 or imprisonment for 2 years.

Part 13A—Priority notices
154A—Person who intends to lodge instrument may lodge priority notice
	(1)	A person who intends to lodge an instrument may, on payment of the prescribed fee, lodge in the Lands Titles Registration Office a notice (a priority notice) for the purpose of giving priority to 1 or more instruments relevant to the same conveyancing transaction.
	(2)	A priority notice must—
	(a)	be in the appropriate form; and
	(b)	identify the instruments to which priority is to be given; and
	(c)	specify the order in which priority is to be given to the instruments identified in the notice; and
	(d)	identify the land to which the notice relates; and
	(e)	include any other information, or be accompanied by any other document, required by the Registrar‑General.
	(3)	A priority notice may give priority to an instrument to be lodged by the person who lodged the notice or by another person.
	(4)	If a priority notice identifies more than 1 instrument, priority under this Part will only be given to an instrument identified in the notice if all of the identified instruments are lodged in the Lands Titles Registration Office at the same time.
	(5)	Subject to subsection (13), a priority notice comes into force when it is lodged and remains in force until it ceases to have effect in accordance with this Part.
	(6)	If a priority notice is lodged in the Lands Titles Registration Office in relation to land, nothing prevents the lodgement of a further priority notice in relation to the same land by the person who lodged the earlier notice or by a different person.
	(7)	A second or subsequent priority notice lodged in relation to land—
	(a)	may identify 1 or more of the same instruments as identified in an earlier notice (even if the earlier notice is in force); and
	(b)	may identify instruments that have not been identified in an earlier notice.
	(8)	If 2 or more priority notices are in force in relation to particular land, the notices are entitled to priority according to the order in which they were lodged in the Lands Titles Registration Office.
	(9)	A person lodging a priority notice is not required to provide evidence in support of the content of the notice or his or her eligibility to lodge the notice (but the Registrar‑General may require verification of the person's identity in accordance with the verification of identity requirements).
	(10)	The Registrar‑General is not required to inquire into the content of a priority notice in order to determine whether that content is correct.
	(11)	If a priority notice is lodged, the Registrar‑General—
	(a)	must—
	(i)	record on the notice the time of receipt of the notice; and
	(ii)	make a record of lodgement of the notice in the Register Book or, if appropriate, the Register of Crown Leases; but
	(b)	is not required to advise the registered proprietor of the land to which the priority notice relates, or any other person, that the notice has been lodged.
	(12)	The Registrar‑General may determine that a person is a vexatious lodger of priority notices.
	(13)	A priority notice lodged by a person in relation to whom a determination has been made by the Registrar‑General under subsection (12) may be rejected by the Registrar‑General and, in that case, the notice is of no effect.
	(14)	A priority notice may be lodged in relation to—
	(a)	land wholly comprised in a single certificate of title; or
	(b)	land comprised in more than 1 certificate of title; or
	(c)	a portion of the land comprised in a certificate of title.
154B—Effect of priority notices
	(1)	If an instrument affecting land is lodged in the Lands Titles Registration Office or served on the Registrar‑General while a priority notice is in force in relation to the land, the instrument may not be registered or recorded in the Register Book or the Register of Crown Leases until the priority notice ceases to have effect.
	(2)	However, a priority notice in force in relation to land does not prevent the Registrar‑General from registering, recording or giving effect to the following in relation to the land:
	(a)	an instrument identified in the priority notice as an instrument to which priority is to be given (provided the instruments identified in the notice are lodged in accordance with section 154A(4));
	(b)	any other instrument with the written consent of the person who lodged the priority notice;
	(c)	the receipt, removal, extension or withdrawal of a caveat;
	(d)	a statutory order or the cancellation of a statutory order;
	(e)	a statutory authorisation or the cancellation of a statutory authorisation;
	(f)	an order of a court;
	(g)	a warrant of sale;
	(h)	a transfer consequential on a statutory charge, order or authorisation, a warrant of sale or the exercise of a statutory power of sale by a statutory body or officer;
	(i)	an instrument lodged by the Crown;
	(j)	an instrument relating to an interest in land that, in the opinion of the Registrar‑General, would not affect the interest to which the priority notice relates;
	(k)	a statutory charge or the discharge, removal or cancellation of a statutory charge;
	(l)	a heritage agreement, or the variation or termination of a heritage agreement, under the Heritage Places Act 1993 or the Native Vegetation Act 1991;
	(m)	an agreement, or the recision or amendment of an agreement, under Part 14 of the Planning, Development and Infrastructure Act 2016 (including an agreement under Part 5 of the Development Act 1993 that is taken to be an agreement under that Part of the Planning, Development and Infrastructure Act 2016);
	(n)	an alteration to the South Australian Heritage Register under the Heritage Places Act 1993;
	(o)	a worker's lien, or the cessation or withdrawal of a worker's lien, under the Worker's Liens Act 1893;
	(p)	a notice or acquisition under the Land Acquisition Act 1969;
	(q)	an environment performance agreement, or the termination of an environment performance agreement, under the Environment Protection Act 1993;
	(r)	an Aboriginal heritage agreement, or an agreement varying or terminating an Aboriginal heritage agreement, entered into under the Aboriginal Heritage Act 1988;
	(s)	an access agreement, or the variation of an access agreement, entered into under the Recreational Greenways Act 2000;
	(t)	a management agreement, or the rescission or amendment of a management agreement, entered into under the River Murray Act 2003;
	(u)	the amendment or rescission of, or any other dealing with, a statutory encumbrance (within the meaning of Part 19AB) not otherwise mentioned in this subsection;
	(v)	an application under this Act by a person to whom land has been transmitted for registration as proprietor of the land;
	(va)	an application under this Act by a surviving joint proprietor to have the death of a joint proprietor recorded in the Register Book;
	(w)	any other prescribed instrument, order, agreement or matter or instrument, order, agreement or matter of a prescribed class.
	(3)	If, in the opinion of the Registrar‑General, it is apparent from the information included in a priority notice that the notice is intended to give priority to a particular instrument, but the instrument is not accurately identified in the notice, the Registrar‑General may nevertheless give priority to the instrument as if it had been so identified.
	(4)	Lodgement of a priority notice in relation to a portion of the land comprised in a certificate of title where the land is the subject of a plan of division or a plan of community division that has not been deposited by the Registrar‑General does not prevent the Registrar‑General from dealing with the application for the division of the land to which the plan relates.
154C—Registration of instruments identified in priority notice
Instruments identified in a priority notice are to be registered in the order in which they are given priority in the notice unless the Registrar‑General considers there is good reason for registering the instruments in a different order.
154D—Lodging party need not be informed that instrument cannot be registered or recorded
The Registrar‑General is not required to inform a person who lodges an instrument affecting land in relation to which a priority notice is in force that the instrument cannot be registered or recorded in the Register Book or the Register of Crown Leases.
154E—Withdrawal of priority notice
The person who lodged a priority notice may withdraw the notice by lodging in the Lands Titles Registration Office a notice of withdrawal in the appropriate form.
154F—Cancellation of priority notice by Registrar-General
	(1)	Subject to subsection (2), if the Registrar‑General is satisfied, on application by a person with an interest in land in relation to which a priority notice is in force, that the priority notice purports to protect the priority of an instrument that is unlikely to be registered or recorded within 90 days of the day on which the notice was lodged, the Registrar‑General may cancel the notice.
	(2)	The Registrar‑General must, before cancelling a priority notice under subsection (1)—
	(a)	give the person who lodged the priority notice written notice of the application and invite the person to provide written submissions in response to the application within a specified period (being a period of not less than 10 days from the day on which notice is given to the person); and
	(b)	have regard to any submissions provided in response to the application within the specified period.
154G—Cessation of priority notice
	(1)	A priority notice ceases to have effect if it is withdrawn under section 154E or cancelled under section 154F.
	(2)	If the instruments identified in a priority notice that has not been withdrawn or cancelled are lodged in accordance with section 154A(4) before the end of the applicable period following the day on which the notice was lodged, the notice ceases to have effect when each of those instruments has been registered, recorded, withdrawn from registration or rejected by the Registrar‑General.
	(3)	If the instruments identified in a priority notice that has not been withdrawn or cancelled are not lodged in accordance with section 154A(4) before the end of the applicable period following the day on which the notice was lodged, the notice ceases to have effect at the end of that period.
	(4)	Subsections (1) to (3) operate subject to any order of the Tribunal under section 221.
	(5)	For the purposes of this section, the applicable period is—
	(a)	60 days; or
	(b)	if the Registrar-General has extended the duration of the priority notice under subsection (6)—90 days.
	(6)	The Registrar‑General may, on application made by the person who lodged a priority notice, extend the duration of the notice for 30 days.
	(7)	However, the duration of a priority notice may not be extended—
	(a)	on an application made after the notice ceases to have effect; or
	(b)	more than once.
154H—Registration of instruments after priority notice is no longer in force
	(1)	If an instrument lodged in the Lands Titles Registration Office cannot be registered or recorded because it affects land in relation to which a priority notice is in force, the instrument is to be dealt with when the priority notice ceases to have effect.
	(2)	If there are 2 or more such instruments, section 56 applies (despite section 56(1b)) for the purpose of determining the priority of the instruments as between themselves.
154I—Civil liability
	(1)	If—
	(a)	a person (the defendant) lodges a priority notice in the Lands Titles Registration Office; and
	(b)	another person (the plaintiff) suffers loss or damage as a consequence of the notice having been lodged; and
	(c)	the defendant—
	(i)	was not entitled to lodge the notice; or
	(ii)	unreasonably refused or failed to withdraw the notice,
the defendant is liable to compensate the plaintiff for the loss or damage.
	(2)	The Court may, in proceedings under this section, require the defendant to pay an amount, determined by the Court, in the nature of exemplary damages.
	(3)	The defendant in proceedings under this section bears the onus of proving that he or she was entitled to lodge the priority notice or that he or she did not unreasonably refuse or fail to withdraw the notice.

Part 14—Powers of attorney
155—Power of attorney
Any person may before, as well as after, becoming the registered proprietor of any land under the provisions of this Act, by power of attorney, authorise any person to act for him, in making applications to bring any land under the provisions of this Act, and to execute all or any instruments that may be necessary for giving effect to any dealing with any land.
156—Deposit of duplicate or attested copy
	(1)	A duplicate or an attested copy of a power of attorney referred to in section 155 must be deposited in the Lands Titles Registration Office.
	(2)	The date and time of depositing must be noted on the duplicate or attested copy.
	(3)	The Registrar‑General must, before the depositing of a power of attorney under subsection (1), compare the original power of attorney with the duplicate or attested copy.
157—Revocation of power of attorney
The grantor of any such power of attorney may revoke the same by signing an instrument in the appropriate form; and the Registrar-General shall enter a note of such revocation, including the date and time the revocation is deposited in the Lands Titles Registration Office, on the duplicate or copy of the power of attorney filed in the office; and from and after the date of such entry the Registrar-General shall not give effect to any application or other instrument executed pursuant to such power of attorney.
158—Power of attorney heretofore given
All powers of attorney heretofore given containing powers to make and execute any of the applications and instruments above enumerated, shall be as valid and may be acted upon and revoked in the same manner as if given under this Act.
159—Entry of death of grantor
The Registrar-General shall, upon proof to his satisfaction of the death of any grantor of a power of attorney, make an entry of such death upon the duplicate or copy of the power of attorney filed in his office.
160—Instruments executed before entry of revocation or death to be valid
All instruments executed under any power of attorney before the entry of the revocation thereof, or of the death of the grantor as hereinbefore provided, shall be valid notwithstanding such revocation or death.
160A—Note of revocation or death may be made on electronic copy of power of attorney
A requirement under this Part for entry of a note of the revocation of a power of attorney, or of the death of the grantor of a power of attorney, to be made on the duplicate or copy of the power of attorney will be taken to have been satisfied for the purposes of this Part if a note of the revocation or death is entered on an electronic copy of the duplicate or copy.

Part 15—Trusts and transmissions
161—Trusts contained in grant from the Crown to be inserted in certificate as in original grant
Whenever any grant from the Crown shall contain the particulars of any trust for public purposes, every certificate issued in respect of the same land, or any part thereof, while such trusts subsist and affect such land, shall contain the like particulars of trust as were contained in the original grant.
162—No particulars of trust to be entered in Register Book but trust instrument may be deposited
The Registrar-General shall not, except as aforesaid, make any entry in the Register Book of the particulars of any trust, nor shall any instrument be registered under this Act, which declares or contains trusts relating to land under the provisions of this Act, but any such instrument, or a duplicate or attested copy thereof, may be deposited with the Registrar-General for safe custody and reference, and such instrument may be deposited in the General Registry Office pursuant to the Registration of Deeds Act 1935, or any other Act relating to the deposits of deeds in the Registry Office, and may include as well land under the provisions of this Act, as land which is not under the provisions hereof: Provided that nothing herein contained shall prevent the registration of any instrument which would otherwise be valid in which a reference may be made to the instrument so deposited as aforesaid; nor shall such reference operate as notice of the particulars of the trusts declared or contained in the deposited instrument, but in the absence of caveat the registered proprietor shall, for the purpose of sale, mortgage, or contract for valuable consideration be deemed to be the absolute proprietor of such land freed from the said trusts.
163—Insertion of the words "with no survivorship" in instruments
If an instrument grants or transfers an estate or interest in land to 2 or more persons as joint proprietors intended to be held by them as trustees—
	(a)	a party to the instrument may use the words "with no survivorship" in the instrument; and
	(b)	the Registrar‑General must, if the words "with no survivorship" are used in the instrument, record that fact in the Register Book and on a conspicuous place on any certificate issued to the joint proprietors.
164—Trustees may authorise insertion of "with no survivorship"
Any 2 or more persons registered as joint proprietors of any estate or interest in land held by them as trustees, may, by executing the appropriate form, authorise the Registrar‑General to record the words "with no survivorship" on the certificate evidencing their title to such estate or interest, in the Register Book.
165—Effect of record
After any such record as in the last 2 sections mentioned has been made by the Registrar-General in the Register Book, it shall not be lawful for any less number of joint proprietors than the number then registered to transfer or otherwise deal with the said estate, or interest, without obtaining an order of the Court: Provided that, if it be intended not to apply the said restriction until the trustees registered as such proprietors be reduced below a certain specified number, words indicative of such intention may be recorded in like manner, and in that case the power of disposition by survivors shall continue until the number be so reduced.
166—Court may direct notice to be published before order is made
The Court may, before making any such order as aforesaid, direct notice of the intention to apply for such order to be given, either by public advertisement or otherwise, and may appoint a period within which any person interested may show cause why such order should not be made.
167—Court may protect persons interested
The Court may in such order give directions for the transfer of such estate, or interest, to any new proprietor or proprietors, solely or jointly, with, or in the place of, any existing proprietor or proprietors, or may make such order in the premises as may be just for the protection of the persons beneficially interested in such estate, or interest, or in the proceeds thereof; and upon any such order being deposited with the Registrar-General, he shall make such entries and perform such acts as in accordance with the provisions of this Act may be necessary for the purpose of giving effect to such order.
168—Survivors may perform duties or transfer to new trustees
Nothing hereinbefore contained shall prevent the surviving and remaining trustee or trustees from exercising all the powers and duties of the trust other than in regard to transfers and dealings under this Act, nor from so transferring the land as to give effect to any valid appointment of a new trustee or new trustees. And so far as shall be necessary to ascertain the sufficiency of any such appointment, it shall be lawful for the Registrar-General to refer to the provisions of any instrument relating to the trust, notwithstanding the same be not registered.
169—Disclaimers
	(1)	If a person (the disclaimant) (whether a trustee or not) who is registered as proprietor of an estate or interest in land advises the Registrar‑General in writing that the registration occurred without the person's consent, the Registrar‑General must give written notice of that advice (the disclaimer) to all other persons whose names appear on the certificate of title and who, in the Registrar‑General's opinion, may be affected by the disclaimer.
	(2a)	In the notice the Registrar-General must specify a day, not earlier than 21 days after the day on which the notice would be delivered to the addressee in the ordinary course of post, on or before which the person to whom it is given may lodge with the Registrar-General a notice of objection to the registration of the instrument of disclaimer.
	(3)	If no notice of objection is lodged and the Registrar-General is satisfied that the disclaimant was registered without the disclaimant's consent, the Registrar-General must give effect to the disclaimer by making such entries, alterations and corrections in the Register Book as are necessary for that purpose, and by cancelling any certificate which it is necessary to cancel.
	(4)	If no notice of objection is lodged but the Registrar-General is not satisfied that the disclaimant was registered without his or her consent—
	(a)	the Registrar‑General must not take steps to give effect to the disclaimer except in accordance with an order of the Court under subsection (6); and
	(b)	the Registrar‑General must give the disclaimant written notice that he or she does not intend to give effect to the disclaimer except in accordance with such an order.
	(5)	If a notice of objection is lodged on or before the day specified by the Registrar‑General—
	(a)	the Registrar‑General must not take steps to give effect to the disclaimer except in accordance with an order of the Court under subsection (6); and
	(b)	the Registrar‑General must give the disclaimant written notice of the objection.
	(6)	A disclaimant who has received a notice under subsection (4)(b) or (5)(b) may apply to the Court for an order that the Registrar‑General take such action as is necessary to give effect to the disclaimer and on such an application the Court may make any order it considers just.
	(7)	Nothing done under this section releases a person from any trust or other liability, if the person has acted in the trust or by his or her own act incurred the liability.
170—Transmission by bankruptcy or statutory assignment
Upon the registered proprietor of any estate or interest in land becoming bankrupt or making a statutory assignment, the Official Receiver (if no trustee has been appointed) or the trustee of such bankrupt or assignor shall be entitled to be registered as proprietor of such estate or interest.
171—Transmission to be recorded in Register Book
The Registrar-General shall in any such case, upon being furnished with evidence of the bankruptcy and the non-appointment of a trustee, or of the appointment of or assignment to the trustee, accompanied by an application in the appropriate form executed by the Official Receiver or trustee, to be registered as proprietor of the estate or interest to be therein specified and described, make a record in the Register Book of the bankruptcy or the appointment of or assignment to the trustee, as the case may require, and upon such record being made the Official Receiver or trustee shall be the registered proprietor of the estate or interest of the bankrupt or assignor in such land.
172—Proceedings in case assignment declared void
If any such statutory assignment shall afterwards be declared fraudulent and void by any Court having jurisdiction in bankruptcy, and the assignor shall thereupon become bankrupt, the Registrar-General shall, upon being furnished with evidence thereof, and of the appointment or non-appointment of a trustee under such bankruptcy, enter in the Register Book a memorandum notifying the same, and thereupon the Official Receiver, or the trustee under such bankruptcy, as the case may be, shall be the registered proprietor of the estate and interest of the bankrupt and of the trustee under such assignment in the land.
173—Bankruptcy or assignment of lessee
	(1)	In any case where the registered proprietor of a lease has heretofore, or shall hereafter, become bankrupt, or has heretofore made or shall hereafter make, a statutory assignment—
	(a)	If lease not subject to mortgage or encumbrance
if the lease is not mortgaged or encumbered under this Act, the Registrar‑General must, on the application in writing of the lessor (being a lessor in possession of a statement, signed by the Official Receiver, or by the trustee under the bankruptcy or assignment, certifying his or her refusal to accept the lease), make a record in the Register Book of the refusal, and the record will then operate as a surrender of the lease;
	(b)	Mortgagee or encumbrancee of the leasehold interest of a bankrupt or assignor may be entered as transferee of a lease
if such lease be mortgaged or encumbered, the Registrar-General shall, upon the application in writing of any mortgagee or encumbrancee, accompanied by a statement in writing signed by the Official Receiver, or the trustee under such bankruptcy or assignment, certifying his refusal to accept such lease, or by proof that the Official Receiver or trustee has neglected or refused to certify such refusal or to become registered as proprietor of such lease within one month after being thereunto required by notice in writing given to him by the mortgagee or encumbrancee, enter in the Register Book a note of such refusal or neglect, and such entry shall operate as a foreclosure, and the estate or interest of the bankrupt or assignor in such lease shall thereupon vest in such mortgagee or encumbrancee, free from all other charges subsequent to his mortgage or encumbrance, and such mortgagee or encumbrancee shall thereupon be deemed to be the registered proprietor of such estate or interest, and shall, while he remains such registered proprietor, be subject to and liable for the same requirements and liabilities to which he would have been subject and liable if named in the lease originally as lessee;
	(c)	Protection to subsequent mortgagees and encumbrancees
no such entry shall be made unless it be proved to the satisfaction of the Registrar-General that the applicant mortgagee, or encumbrancee, has given fourteen days' notice in writing of his intended application to every subsequent mortgagee or encumbrancee of the lease, or has obtained his written consent; and any such subsequent mortgagee or encumbrancee shall be entitled to pay to the applicant mortgagee or encumbrancee the amount due to him under his mortgage or encumbrance, with costs, at any time before foreclosure, and shall thereupon be entitled to a transfer from him of such mortgage or encumbrance;
	(d)	Where Official Receiver, trustee, and mortgagee neglect to become proprietors
if the Official Receiver or the trustee under the bankruptcy or assignment shall certify his refusal to accept the lease, or shall neglect or refuse to become registered as proprietor of the lease, within, one month after having been thereunto required by notice in writing given to him by the lessor, and the mortgagees or encumbrancees (if any) of the lease shall neglect or refuse to have an entry operating as a foreclosure made in the Register Book under the provision in that behalf hereinbefore contained within the period of two months after having been thereunto required by notice in writing given to them by the lessor, the Registrar-General shall, upon the application in writing of the lessor, and, upon proof of such certificate or such neglect or refusal as aforesaid, enter in the Register Book a note of such neglect or refusal, and every such entry shall operate as a surrender of such lease.
	(2)	A lessor, mortgagee or encumbrancee must retain a copy of any document used for the purpose of fulfilling his or her obligations under subsection (1) for the period prescribed by the regulations.
Maximum penalty: $10 000 or imprisonment for 2 years.
174—Entry of surrender or foreclosure not to prejudice cause of action
Under the preceding provisions as regards a lessee becoming bankrupt or making a statutory assignment, no entry of surrender or foreclosure respectively shall prejudice any cause of action in respect of any breach or non-observance of any covenants in such lease, encumbrance, or mortgage respectively contained or implied which shall have accrued previously to such lessee becoming bankrupt or making a statutory assignment.
175—Transmission of estate of deceased persons
On the death of the registered proprietor of any estate or interest in land, his estate or interest shall be transmitted to his executor or administrator, or to the Public Trustee in any case where the Court shall make an order authorising the Public Trustee to administer the estate of the deceased registered proprietor.
176—Application to be made in such case
The executor, administrator or Public Trustee shall, before dealing with such estate or interest, make application in writing to the Registrar-General to be registered as proprietor, and shall produce to the Registrar-General the probate or letters of administration, or the order of the Court authorising the Public Trustee to administer the estate of the deceased registered proprietor, or a copy of the probate, letters of administration, or order, as the case may be.
177—Particulars of application to be recorded
The Registrar-General must record details relating to the application in the Register Book.
178—Effect of such entry
Upon such entry being made in the Register Book, the executor, administrator, or Public Trustee, as the case may be, shall be the registered proprietor of such estate or interest, and his title shall relate back to and take effect from the date of the death of the deceased registered proprietor.
179—Where 2 or more executors or administrators, all must concur
Where probate or letters of administration shall be granted to more persons than one, all of them for the time being shall concur in every instrument relating to the land of the deceased registered proprietor.
180—Person registered in place of deceased, bankrupt, or assigning proprietor, to be proprietor of land for purpose of dealing
Any person registered in place of a deceased registered proprietor, or as Official Receiver or as trustee of a registered proprietor becoming bankrupt or making a statutory assignment, shall hold the land in respect of which he is so registered upon the trusts, and for the purposes for which the same is applicable by law; but shall, for the purpose of any dealing with such land, be deemed to be the absolute proprietor thereof.
181—Proceedings when executor etc refuse to transfer
Whenever an executor, or administrator, or the Public Trustee, is registered as proprietor of any land, and shall refuse, or, after tender of a transfer, unnecessarily delay to transfer such land to the devisee, next of kin, heir-at-law, or other person entitled thereto, the person claiming to be entitled to the land may apply to the Court for an order that the executor, administrator, or Public Trustee shall transfer the said land to him.
182—Court may order transfer to person entitled
The Court may either refuse such application, with or without costs, to be paid by the applicant, or may make an order for the transfer, and may direct the transferor personally to pay all the costs of such application and any damages the person aggrieved may have sustained, or may order such costs to be paid out of the estate of the deceased registered proprietor, or in such other manner as the Court may think proper.
183—Court may decide question of title etc
The Court may, on any such application, decide on questions relating to the title of any person party to the application or proceeding, and generally may decide any question that it may be necessary or expedient to decide for the purpose of ordering the land to be transferred, or may direct an action to be brought or an issue to be tried in which the rights of the parties may be decided, or any question of law settled.
184—Order of Court vesting land
Where the registered proprietor of land holds the land on trust and the Court, by order, vests the land in another person, the Registrar-General must, on being served with a copy of the order, enter details relating to the order in the Register Book and on such entry being made the land will vest in the new proprietor.
185—Action may be brought by person claiming beneficial interest in name of trustee
Every trustee who shall be registered as proprietor of any land, shall, on being indemnified, be bound to allow his name to be used by any beneficiary, or person claiming an estate or interest in the land, as plaintiff or defendant in any action for recovery of possession of the land or any part thereof. And, in case there shall be any dispute as to the sufficiency of any indemnity, the same shall be decided by the Master of the Court.
186—Purchases from registered proprietor not to be affected by notice
No person contracting or dealing with, or taking or proposing to take a transfer or other instrument from the registered proprietor of any estate or interest in land shall be required, or in any manner concerned, to inquire into or ascertain the circumstances under, or the consideration for, which such registered proprietor or any previous registered proprietor of such estate or interest is or was registered, or to see to the application of the purchase-money, nor be affected by notice direct or constructive of any trust or unregistered interest, any law or equity to the contrary notwithstanding.
187—Except in case of fraud
The last preceding section shall not protect any person who has acted fraudulently or been a party to fraud, but the contracting, or dealing, or taking, or proposing to take a transfer or other instrument as aforesaid, with actual knowledge of any trust, charge, or unregistered instrument, shall not of itself be imputed as fraud.
188—Registration of survivor of joint proprietors, and of remainder-man entitled to estate in possession
Upon the death of any person registered together with any other person as joint proprietor of any estate or interest in land, or when the life estate in respect of which any certificate has been issued has determined, and the registered estate next in remainder or reversion has become vested in possession, or the person to whom such certificate for a life estate has been issued has become entitled to the land for an estate in fee-simple in possession, the Registrar-General shall, upon the application of the person entitled, and upon proof to his satisfaction of any such occurrence as aforesaid, make an entry thereof in the Register Book, and thereupon such person shall be the registered proprietor of the estate or interest to which he is entitled, as if the same had been transferred to him.

Part 16—Caveats
191—Caveats
	(1)	Any settlor of land or beneficiary claiming under a will or settlement, or any person claiming to be interested at law or in equity, whether under an agreement, or under an unregistered instrument, or otherwise howsoever in any land, may lodge a caveat in the Lands Titles Registration Office:
	(a)	Purpose of caveat
a caveat may—
	(i)	prohibit absolutely the registration or recording of any instrument dealing with the land; or
	(ii)	provide that the registration or recording of an instrument dealing with the land may only occur subject to the claim of the caveator, and provided that, if any conditions are expressed in the caveat, the instrument complies with those conditions;
	(ab)	Instrument subject to claim of caveator
if a caveator lodges a caveat providing that the registration or recording of an instrument dealing with land will be subject to the claim of the caveator, any instrument dealing with that land registered or recorded after the lodgement of the caveat will be taken to be registered or recorded subject to that claim;
	(ac)	Form of caveat
a caveat must—
	(i)	be in the appropriate form; and
	(ii)	be executed by the caveator or his or her agent; and
	(iii)	contain an address within South Australia to which notices may be sent or at which proceedings may be served; and
	(iv)	contain information (if any) prescribed by the regulations for the purposes of this paragraph;
	(b)	Registrar-General to make memorandum of receipt
upon the receipt of a caveat the Registrar-General shall make a memorandum thereon of the date and hour of the receipt thereof, and shall enter a memorandum thereof in the Register Book, and shall forthwith send a notice of such caveat through the post office to the person against whose title such caveat shall have been lodged, directed to his or her address appearing in the Register Book;
	(c)	Not to register or record instruments contrary to caveat
so long as a caveat remains in force, the Registrar‑General must not, contrary to the requirements of the caveat, register or record an instrument affecting the land in respect of which the caveat has been lodged; except that despite the receipt of a caveat, the Registrar‑General must, subject to the other provisions of this Act, proceed with and complete the registration or recording of any instrument affecting the land produced for registration or recording before the lodgement of the caveat in the Lands Titles Registration Office;
	(d)	Persons interested may summon caveator
the registered proprietor or any other person claiming estate or interest in the land may, by summons, call on any caveator, including the Registrar-General, to attend before the Court to show cause why the caveat should not be removed; and the Court may, after allowing the parties a reasonable opportunity to be heard, make such order as appears just in the circumstances; (if the caveator does not appear in response to the summons, the Court may, if satisfied that the summons was duly served, proceed to hear and determine the application in the caveator's absence);
	(e)	Caveatee may apply to have caveat removed
the caveatee may, except when the caveat is lodged by a settlor, or by a beneficiary under a will or settlement, or by the Registrar-General under Part 19 of this Act, make application in writing to the Registrar-General to remove the caveat, and shall in such application give an address in South Australia to which notices or proceedings relating to the caveat may be sent, and the Registrar-General shall thereupon give twenty-one days' notice in writing to the caveator, requiring that the caveat be withdrawn;
	(f)	Mode of removing or discharging caveat
the Registrar-General shall, after the lapse of twenty-one days from the posting of such notice to the address mentioned in the caveat, or of such extended time as may be ordered by the Court, remove the caveat from the Register Book by entering therein a memorandum that the same is discharged;
	(fa)	Action to establish validity of claim
a caveator may bring an action in the Court to establish the validity of the claim on which the caveat is based;
	(g)	Caveator may apply to Court for order to extend time
the Court may, on the caveator's application, extend the period of 21 days until an action under paragraph (fa) is determined or for any other period;
	(h)	May withdraw caveat: But Court may order payment of costs
any caveator may, by notice in writing to the Registrar-General, withdraw his or her caveat at any time; but the Court may, notwithstanding such withdrawal, order payment by the caveator to the caveatee or other person interested of any costs incurred by the caveatee prior to the receipt by him or her of notice in writing of the withdrawal of the caveat;
	(i)	Entry to be made
an entry shall be made by the Registrar-General in the Register Book of any order made by the Court relating to any caveat, or of the withdrawal, lapse, or removal of any caveat;
	(j)	Caveator, except Registrar-General, liable to make compensation
any caveator other than the Registrar-General who shall have lodged or refused or neglected to withdraw any caveat wrongfully and without reasonable cause, shall be liable to make compensation to any person who may have sustained damage thereby, and such compensation may be recovered by action: Provided that, if proceedings shall have been taken in the Court by the caveatee or other person interested, the amount of such compensation may be assessed by the Court acting in the same proceedings; or the Court may direct an action to be brought to ascertain and recover such amount;
	(k)	Not to lodge further caveat without permission
it shall not be lawful for any caveator other than the Registrar-General, or for anyone acting on behalf of such caveator, to lodge a further caveat relating to the same matter without the permission of the Court;
	(l)	Court may order costs if caveat by Registrar-General is removed by Court
where any caveat lodged by the Registrar-General shall be removed by the Court, such Court may order the costs sustained by the person at whose instance such caveat was removed to be paid out of the estate on behalf of which such caveat was entered.
	(2)	Despite subsection (1), the Registrar‑General may, after a caveat has been lodged in accordance with this section, register or record in respect of the land to which the caveat applies—
	(a)	another caveat or instrument that has the effect of a caveat; or
	(b)	another instrument of a kind prescribed by the regulations, unless the registration or recording of that instrument is specifically prohibited by the lodged caveat.
	(3)	To avoid doubt, a registered proprietor of land may lodge a caveat under this section in respect of land for which he or she is the registered proprietor.
	(4)	In this section—
record means make a record in the Register Book.

Part 17—Ejectment
192—Summons to give up possession
Any of the following persons (in the following sections called the claimant) may cause any person in possession of land under the provisions of this Act to be summoned to appear before the Court to show cause why the person summoned should not give up possession to the claimant—
	(a)	the registered proprietor of a freehold estate in possession;
	(b)	any registered mortgagee or encumbrancee where the person in possession is a mortgagor or encumbrancer in default, or a person claiming under such mortgagor or encumbrancer;
	(c)	any lessor with power to re-enter where the rent is in arrear for three months, whether there be or be not sufficient distress found on the premises to countervail such rent, and whether or not any previous demand shall have been made for the rent;
	(d)	any lessor where a legal notice to quit has been given, or the lease become forfeited, or the term of the lease has expired.
193—Summons to contain description of land
The summons shall contain a description of the land, and shall require the person summoned to appear before the Court on a day not earlier than sixteen days after the service of the summons. The summons shall be served in the same manner as a writ of summons in an action for the recovery of possession of land in the Supreme Court.
194—Orders on non-appearance to summons
If, on the hearing of the summons, the person summoned do not appear, then upon proof of the service of the summons and of the claimant's title, or on the production of a consent to an order by the person summoned, the Court may order immediate possession to be given to the claimant.
195—Orders on appearance to summons
If the person summoned shall appear, the Court shall hear the summons, and may make such order thereon and impose such terms as it may think fit: Provided that in the case of a lessor against a lessee, if the lessee before or at the hearing pay or tender all rent due, and all costs incurred by the lessor, the Court may dismiss the summons.
196—Dismissal of summons not to prejudice other rights
The dismissal of any such summons shall not prejudice the right of the claimant to take any other proceedings against the person summoned to which he may be entitled.
197—Effect of order for possession
Every order for possession under this Part of this Act shall have the effect of, and may be enforced in the same manner as, a judgment in the Court for the recovery of possession of land.
198—Writ of habere facias unnecessary where no one is in possession, or the land is surrendered voluntarily
Any claimant having obtained an order for possession under the provisions hereof, shall be entitled to enter and take possession of the land mentioned in the order, without issuing a writ of habere facias if there shall be no person in actual possession of the land, or if the person in possession shall voluntarily give up possession to the claimant.
199—Existing rights preserved
Nothing hereinbefore contained shall repeal, affect, or abridge, any remedies to which a claimant is otherwise entitled.

Part 18—The Assurance Fund
201—The Assurance Fund
	(1)	There shall be a fund kept at the Treasury entitled Real Property Act Assurance Fund.
	(2)	The Assurance Fund shall have credited to it—
	(a)	any moneys advanced by the Treasurer under subsection (3) (not being moneys that have been repaid to the Treasurer in accordance with the terms of the advance); and
	(b)	the moneys paid by way of assurance levy by virtue of the regulations; and
	(c)	any interest that may from time to time accrue to the Fund.
	(3)	The Treasurer may advance moneys to the Assurance Fund by way of grant, or on a temporary basis.
	(4)	Moneys standing to the credit of the Assurance Fund shall be applied for the purposes of this Part, but if those moneys are not immediately required for the purposes of this Part, the Treasurer may advance the whole or part of those moneys to the Consolidated Account and, in that event—
	(a)	if any payment is to be made from the Fund and the Balance of the Fund is insufficient to meet that payment, the advance shall be repaid to such extent as is necessary to supply the deficiency; and
	(b)	any amount advanced to the Consolidated Account shall bear interest at the rate of 10 per centum per annum, or such other rate as may be prescribed.
	(5)	The regulations may—
	(a)	prescribe an assurance levy not exceeding the amount of Two dollars per instrument to be paid in addition to the fees, or particular classes of fees, payable in relation to the registration of any, or all, of the following instruments:
	(i)	transfers on the sale of land under Part 10;
	(ii)	leases and surrenders of leases under Part 11;
	(iii)	mortgages and discharges of mortgage under Part 12; and
	(b)	exempt prescribed persons, or persons of a prescribed class, from payment of the assurance levy.
	(6)	The Registrar-General shall keep a separate account of all moneys received by him by way of assurance levy.
	(7)	The regulations prescribing an assurance levy under this section shall expire on the thirty-first day of December, 1988, and thereafter an assurance levy shall not be payable by virtue of this Part.
203—Party deprived of land may sue for compensation
Any person deprived of land in consequence of fraud, or through the bringing of such land under the provisions of this Act, or of any Act hereby repealed, or by the registration of any other person as proprietor of such land, or in consequence of any error, omission, or misdescription in any certificate, or in any entry or memorial in the Register Book, may bring and prosecute an action at law for the recovery of compensation against the person upon whose application such land was brought under the provisions of this Act, or of any Act hereby repealed, or such erroneous registration was made, or who acquired title to the land through such fraud, error, omission, or misdescription.
204—Exoneration of proprietor after transfer for value, except in certain cases
Except in the case of fraud, or of error occasioned by any omission, misrepresentation, or misdescription in the application of such person to bring the land under the provisions of this Act, or of any of the Acts hereby repealed, or to be registered as proprietor of such land, or in any instrument executed by him, such person shall, upon a transfer of such land, bona fide for value, cease to be liable for the payment of any compensation which but for such transfer might have been recovered from him under the provisions herein contained.
205—Proceedings against the Registrar-General, as nominal defendant
In any such case of cesser of liability, and also in any case where the person against whom such action for compensation is permitted to be brought as aforesaid shall be dead, or shall have become bankrupt or made a statutory assignment, or cannot be found within the jurisdiction of the Court or there is any other reason why compensation cannot be fully recovered from that person, it shall be lawful to take proceedings against the Registrar-General, as nominal defendant, as hereinafter provided, for the purpose of recovering the amount of the compensation or costs, or so much of that amount as cannot be recovered from the person referred to above, from the Assurance Fund.
207—Purchasers etc protected
Nothing in this Act contained shall leave subject to action for recovery of compensation as aforesaid, or to action for recovery of possession of land, or to deprivation of the estate or interest in respect of which he is registered as proprietor, any transferee, mortgagee, encumbrancee, or lessee, bona fide for valuable consideration of land on the ground that the proprietor, through or under whom he claims, or any previous proprietor has been registered as proprietor through fraud or error, whether such fraud or error shall consist in wrong description of boundaries, or parcels, or otherwise howsoever.
208—Proceedings against the Registrar-General as nominal defendant
Any person sustaining loss or damage through any omission, mistake, or misfeasance of the Registrar-General, or a person engaged in the administration of this Act, or of any Act hereby repealed, and any person deprived of any land through the bringing of the same under the provisions of this Act, or of any Act hereby repealed, or by the registration of any other person as proprietor of such land, or by any error, omission, or misdescription in any certificate, or in any entry or memorial in the Register Book, and who by the provisions of this Act is barred from bringing an action for the recovery of such land, may, in any case in which the remedy by action for recovery of compensation as hereinbefore provided is barred, or inapplicable, institute proceedings against the Registrar-General, as nominal defendant, for recovery of compensation as hereinafter provided.
209—Value of buildings to be excluded
In estimating the compensation for any deprivation or loss under this Part of this Act, the value of all buildings and other improvements erected or made subsequently to such deprivation or loss, and with notice thereof, shall be excluded.
210—Persons claiming may, before taking proceedings, apply to the Registrar‑General for compensation
Any person sustaining loss or damage in any case in which he shall be entitled to institute proceedings to recover compensation against the Registrar-General as nominal defendant, may, before commencing such proceedings, make application in writing to the Registrar-General, for compensation, and such application shall be supported by affidavit or declaration. If the Registrar-General admits the claim, or any part thereof, and certifies accordingly, the Treasurer may—
	(a)	where the amount that the Registrar-General admits does not exceed $20 000—on receipt of written authority under the hand of the Crown Solicitor; or
	(b)	where the amount that the Registrar-General admits exceeds $20 000—on receipt of a warrant under the hand of the Governor and countersigned by the Attorney-General,
pay the amount out of the Assurance Fund.
210A—Value of land determined by market value
In determining the compensation payable from the Assurance Fund for any deprivation or loss under this Part, the value of the land must be determined according to the market value of the land on the day on which the claimant institutes proceedings against a person or the Registrar‑General for compensation.
210B—Registrar‑General may use Fund money
Money in the Assurance Fund may be applied for the purpose of meeting any expenses incurred by the Registrar‑General in connection with any claim for compensation from the Assurance Fund.
211—Assurance Fund not liable for breach of trust or improper exercise of power of sale
The Assurance Fund shall not under any circumstances be liable for compensation for loss, damage, or deprivation occasioned by any breach by a registered proprietor of any trust, whether express, implied, or constructive, or by the improper exercise of any power of sale expressed or implied in any mortgage or encumbrance.
212—Nor for misdescription of boundaries or parcels except in certain cases
The Assurance Fund shall not be liable for compensation for loss, damage, or deprivation occasioned by any land being included in the same certificate with other land, through misdescription of boundaries or parcels, unless it shall appear that no person is liable or that the person liable for compensation is dead, or cannot be found within the jurisdiction of the Court or has become bankrupt, or has made a statutory assignment, or the Sheriff or bailiff shall certify that such person is unable to pay the full amount and costs awarded in any action for recovery of such compensation; and in the last-mentioned case the said fund shall be liable for such amount only as the Sheriff or bailiff shall fail to recover from such person.
213—Procedure upon, and enforcement of claims against the Assurance Fund
All proceedings against the Registrar-General as nominal defendant, for the purpose of obtaining compensation from the Assurance Fund, shall be instituted and carried on in the following manner:
	(a)	Mode of application by claimant
the claimant shall apply to the Court upon affidavit for a rule or summons calling upon the Registrar-General, as nominal defendant, to show cause why compensation should not be paid out of the Assurance Fund to the claimant; and the Court may grant a rule or summons accordingly and such rule or summons shall be returnable not less than seven days after service thereof on the Registrar-General;
	(b)	Registrar-General may show cause
the Registrar-General may show cause against such rule or summons, and the Court may thereupon, or if no cause be shown, upon proof of service of the rule or summons, make absolute or discharge the same, or make such order as the circumstances shall require, with or without costs; or may, if satisfied that other persons should be represented on the rule or summons, require such persons to be served with notice thereof, and for that purpose adjourn the consideration of the rule or summons;
	(c)	Court may direct question of fact to be tried
the Court may direct any question of fact to be decided before the said Court, and for that purpose may direct an issue to be tried wherein the claimant shall be plaintiff, and the Registrar-General and such person or persons (if any) as the Court shall direct, shall be defendant or defendants, and the Court shall direct when and where the trial of such issue shall take place; and may adjourn the further consideration of the rule or summons until after the trial of the issue;
	(d)	Court may order production of papers
the Court may also direct the parties to the proceedings or issue to produce on oath all deeds, books, papers, and writings in their custody or power, before the Court or the Master, on a day to be named by the Court, and each party shall have liberty to inspect the same, and take copies thereof, at his own expense; and such of them as either party shall give notice to have produced at the trial shall be produced accordingly;
	(e)	Form of issue
the issue (if any) may be in the following form, or in such other form as the Court shall approve:
In the Supreme Court
The                    day of                    in the year of Our Lord, 20     .
South Australia
to wit
Whereas A.B. affirms, and C.D. denies [here state the questions of fact to be tried] and it has been ordered by His Honour Mr. Justice                    according to the Real Property Act 1886 that the said questions shall be tried; Therefore let the same be tried accordingly.
And in the case the parties differ upon the questions of fact to be tried, the Court may either settle the same or refer them to the Master;
	(f)	Court may make order after trial of issue
after the trial of the issue the Court may, upon further consideration of the rule or summons, make such order either with or without costs, as the circumstances shall require;
	(g)	Effect of order
every order of the Court on such rule or summons shall have the effect of a judgment of the Court in an action;
	(h)	Treasurer to pay compensation
the Treasurer shall, on the production of any such order directing payment of compensation with or without costs out of the Assurance Fund, pay the same accordingly.
214—Proceedings where same land is included in two or more grants from the Crown. Assurance Fund not liable in such case
Any person deprived of any land in consequence of any such land having been included in two or more grants from the Crown, may commence and prosecute proceedings for the recovery of damages against such person as the Governor may appoint as nominal defendant, in manner provided for by the Supreme Court Act 1935, or by any other Act for enforcing pecuniary claims against Her Majesty, Her heirs and successors, and in every such case the Assurance Fund shall not be liable for compensation.
215—Limitation of actions
No application to the Registrar-General nor action or proceeding for compensation for or by reason of any deprivation, loss, or damage occasioned or sustained as aforesaid, shall be made, brought, or taken, except within the period of twenty years from the time when the right to make such application or bring or take such action or proceedings first accrued.
216—Court to have regard to contributory negligence
Where, in an action for compensation under this Part, it appears that the plaintiff's deprivation, loss, or damage is attributable in whole or in part to his own negligence or the negligence of a person through or under whom he claims, the Court shall give judgment against the plaintiff or reduce the amount of the compensation that would, in the absence of negligence, have been awarded, by such amount as is just in view of that negligence.
217—Payments out of Assurance Fund to be deemed made on account of certain persons
Any amount paid out of the Assurance Fund in consequence of any person being dead, or having become bankrupt, or having made a statutory assignment, or in consequence of its not being possible to find any person within the jurisdiction of the Court, shall be deemed to have been paid on account of such person.
218—Moneys paid out of the Assurance Fund may be recovered
Whenever any amount has been paid out of the Assurance Fund on account of any person who shall be dead, such amount may be recovered from the estate of such person by action against his personal representatives, in the name of the Registrar‑General. Whenever any such amount has been so paid on account of a person who shall have become bankrupt, or made a statutory assignment, such amount shall be considered to be a debt provable upon the estate of such bankrupt or assignor; and a certificate, signed by the Treasurer, certifying the fact of such payment out of the Assurance Fund, and delivered to the Official Receiver or trustee, shall be sufficient proof of such debt.
219—Judgment may be entered by Registrar-General for amount paid on account of absent persons
Whenever any amount has been paid out of the Assurance Fund on account of any person who cannot be found within the jurisdiction of the Court, the Court may, upon the application of the Registrar-General, and upon production of a certificate signed by the Treasurer certifying that the amount has been paid in satisfaction of an order on proceedings taken against the Registrar-General as nominal defendant, allow the Registrar-General to sign judgment against such person forthwith for the amount so paid out of the Assurance Fund, together with the costs of the application; and such judgment shall be final, and shall have the effect of a final judgment in an ordinary action, and execution thereon may issue immediately.

Part 19—Special powers and duties of Registrar-General
220—Powers of Registrar-General
The Registrar-General may exercise the following powers:
	(a)	To compel production of documents and examine person interested
the Registrar‑General may summon the proprietor or other person making application to have any land brought under the provisions of this Act, or the proprietor, or mortgagee, or any other person interested in any land in respect of which any instrument is about to be registered or recorded, to produce any document of title, instrument of title, or other instrument in his or her possession or under his or her control affecting such land, or the title thereto, and to appear and give any explanation or information respecting such land, and the documents and instruments of title relating thereto, and may examine any such person in respect thereof; and the Registrar-General, if the document, instrument, explanation, or information required by him or her be withheld, and the same appear to him or her material, shall not be bound to proceed with the bringing of such land under the provisions of this Act, or with the registration or recording of such instrument, as the case may be;
	(b)	To administer oaths
the Registrar‑General may administer oaths, or, in lieu of administering an oath, may require a person who is to be examined to make a declaration of the truth of the statements to be made by the person;
	(d)	To require production of other instruments etc
if in respect of any instrument or other matter arising under this Act the Registrar-General is of opinion that—
	(i)	the production of any other instrument or document; or
	(ii)	the giving of any information evidence or notice; or
	(iii)	the doing of any act,
is necessary or desirable, the Registrar-General may—
	(iv)	require the person lodging the instrument or some other person concerned in the matter to produce the other instrument or document, give the information evidence or notice or do the act; and
	(v)	until the requirement is complied with and the prescribed fee, if any, is paid, refuse to proceed with the registration or recording in the Register Book of the first-mentioned instrument or with the other matter or to do any act or make any entry in connexion therewith;
	(e)	To reject certain instruments
if a requisition made under paragraph (d) of this section is not complied with within 2 months, the Registrar-General may serve on the person lodging the instrument and the parties to the instrument notice that the Registrar‑General intends to reject the instrument, and if, after the expiration of 2 months or such further period as the Registrar-General may allow, the requisition is not complied with, the Registrar-General may reject the instrument if, in his or her opinion, it cannot be registered or recorded under this Act, and any fees paid in respect of any rejected instrument shall be forfeited;
	(f)	To correct errors
the Registrar‑General may, upon such evidence as the Registrar‑General considers sufficient—
	(i)	correct errors, or update information recorded, in—
	(A)	the Register Book;
	(B)	a certificate;
	(C)	any entry in the Register Book or a certificate;
	(D)	any plan of division or other plan in the Lands Titles Registration Office; or
	(ii)	make any entry or notation in or upon the Register Book, a certificate, plan of division or other plan that has been erroneously omitted;
Every certificate or entry so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry omitted. In exercising his or her powers under this paragraph the Registrar-General may disregard any difference between the dimensions of boundaries as stated in any certificate or in the Register Book or in entries made therein respectively and the actual dimensions of such boundaries as found by admeasurement on the ground;
	(g)	To enter caveats
the Registrar‑General may enter caveats prohibiting the registration or recording in the Register Book of an instrument—
	(i)	on behalf of the Crown; or
	(ii)	for the prevention of a fraud or an improper dealing; or
	(iii)	if it appears to the Registrar‑General that an error has been made by misdescription or otherwise in an instrument; or
	(iv)	for the protection of any person absent from the State, or under the disability of infancy, coverture or mental incapacity; or
	(v)	if the Registrar‑General considers it is in the public interest to do so;
	(h)	To withdraw caveat on payment of money
the Registrar‑General shall, where a caveat is entered to protect a sum of money, upon payment of such sum to him or her, withdraw such caveat;
	(i)	To alter forms of instruments etc
the Registrar‑General may, with the consent of the Governor, from time to time, make such alterations in the several forms of instruments prescribed in the Schedules hereto as the Registrar‑General may deem requisite; and every form of instrument so altered shall be published in the Government Gazette, and may thereafter be used in lieu of, and shall have the same effect as, the corresponding form prescribed by this Act, and shall be deemed an authorised form;
	(j)	To require map to be deposited
the Registrar‑General may require any person applying to bring land under the provisions of this Act, or any registered proprietor desiring to transfer or otherwise to deal with the land or any portion of the land comprised in his or her certificate, or other instrument of title, to deposit with him or her a map or plan of such land, verified by the declaration of a Licensed Surveyor; and if such person or proprietor shall neglect or refuse to comply with such requirement, it shall not be incumbent on the Registrar-General to proceed with the bringing of such land under the provisions of this Act, or with the registration of such transfer or dealing;
	(l)	To destroy certain documents
the Registrar‑General may, notwithstanding any other provision of this Act, with the approval of the Attorney-General, and subject to section 32 of the Libraries Act 1982, deliver to an appropriate person or destroy any record, document, instrument, plan, diagram, book or paper or any other paper writing, whether of the same kind as those before enumerated or not, that is deposited with or registered at the Lands Titles Registration Office the retention of which by the Registrar-General serves no useful purpose in his or her opinion.
220A—Registrar-General may require production or verification of documents or information
	(1)	The Registrar‑General may, for a purpose connected with the administration or enforcement of this Act or the Electronic Conveyancing National Law (South Australia), or to protect the integrity of the Register Book or the Register of Crown Leases, by notice in writing, require a person to do 1 or more of the following within a period, or at a time, specified in the notice:
	(a)	produce to the Registrar‑General an instrument, document or other item in the person's custody or control;
	(b)	provide information to the Registrar‑General;
	(c)	verify the execution of an instrument or document in any manner the Registrar‑General thinks fit.
	(2)	A person who, without reasonable excuse, refuses or fails to comply with a requirement of the Registrar‑General under subsection (1) is guilty of an offence.
Maximum penalty: $10 000.
	(3)	An instrument, document or other item produced to the Registrar‑General may be retained for the purpose of enabling the instrument, document or item to be inspected and enabling copies of, or extracts or notes from, the instrument, document or item to be made or taken by or on behalf of the Registrar‑General.
	(4)	However, if the instrument, document or item is required by the Registrar‑General as evidence for the purposes of legal proceedings, the instrument, document or item may be retained until the proceedings are finally determined.
	(5)	The Registrar‑General must permit a person who would be entitled to inspect the instrument, document or item if it were not in the possession of the Registrar‑General to inspect the instrument, document or item at any reasonable time.
	(6)	Nothing in this section prejudices a lien a person has on the instrument, document or item.
	(7)	A person is not excused from providing information or producing an instrument, document or item, when required to do so under this section, on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
	(8)	However, if the person objects to providing the information or producing the instrument, document or item on that ground, the information, instrument, document or item is not admissible against the person in any criminal proceedings other than—
	(a)	a proceeding about the false or misleading nature of anything in the information, instrument, document or item; or
	(b)	a proceeding in which the false or misleading nature of the information, instrument, document or item is relevant evidence; or
	(c)	a proceeding regarding failure to retain documents or records as required by this Act; or
	(d)	a proceeding regarding provision of a certification in contravention of this Act.
221—Reviews
	(1)	If a person is dissatisfied with a decision of the Registrar‑General in relation to an application by the person—
	(a)	to have an instrument registered or recorded; or
	(b)	to have a foreclosure order issued; or
	(c)	to have the Registrar‑General do or perform an act or duty under this Act,
the person may seek a review of the decision by the Tribunal.
	(1a)	If a person is dissatisfied with a decision of the Registrar‑General to cancel the registration of a mortgage under section 147, the person may seek a review of the decision by the Tribunal.
	(2)	If the Registrar‑General decides under section 154A(12) that a person is a vexatious lodger of priority notices, the person may seek a review of the decision by the Tribunal.
	(3)	If the Registrar‑General rejects a priority notice lodged by a person in relation to whom a determination has been made under section 154A(12), the person may seek a review by the Tribunal of the decision to reject the notice.
	(4)	If the Registrar‑General refuses an application under section 154F for the cancellation of a priority notice, the applicant may seek a review by the Tribunal of the decision to refuse to cancel the notice.
	(5)	If the Registrar‑General cancels a priority notice under section 154F, a person affected by the cancellation may seek a review by the Tribunal of the decision to cancel the notice.
	(6)	A decision subject to review by the Tribunal under this section will be reviewed by the Tribunal within its review jurisdiction under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
	(7)	Subject to subsection (9), an application for review of a decision must be made within 21 days of the day on which the applicant receives notice of the decision.
	(8)	The Registrar‑General must, if so required by a person affected by a decision of the Registrar‑General that is, or may be, the subject of a review, state in writing the reasons for the decision.
	(9)	If the reasons of the Registrar‑General are not given in writing at the time the applicant receives notice of the decision and the applicant (within 21 days of receiving notice of the decision) requires the Registrar‑General to state the reasons in writing, the time for making an application for review of the decision runs from the time at which the applicant receives the written statement of those reasons.
	(10)	Without derogating from section 37 of the South Australian Civil and Administrative Tribunal Act 2013, the Tribunal may, on an application under this section, make any 1 or more of the following orders:
	(a)	an order prohibiting a person from lodging a priority notice in the Lands Titles Registration Office;
	(b)	an interim order extending the duration of a priority notice until the determination of the application or until a date specified by the Tribunal or until further order;
	(c)	an interim order preventing the Registrar‑General from registering or recording a specified instrument until the determination of the application.
223—Registrar-General may refer question of law
	(1)	The Registrar-General may refer a question of law arising with regard to the exercise of the Registrar-General's powers and functions under this Act for the opinion of the Court.
	(2)	The Court's decision on a question referred under this section is binding on the Registrar-General.

Part 19A—Rectification of certificates
223A—Applications for amendment
	(1)	A registered proprietor may apply to have his certificate amended if—
	(a)	the boundaries, area, or position of the land described in the certificate differ from the boundaries, area, or position of the land actually and bona fide occupied by him as being the land included in the certificate; or
	(b)	the description of land in the certificate is erroneous or imperfect on the face of it.
	(2)	A registered proprietor may apply to have the certificate of any other registered proprietor amended if any of the land described in the applicant's certificate, and actually and bona fide occupied by him as being the land included in his certificate, is, by reason of any error in survey or any misdescription, included in the certificate of the other registered proprietor.
	(3)	Every application under this section shall be made in the appropriate form.
223B—Notices to be given
	(1)	The Registrar-General shall cause notice of any application made under the last preceding section to be given to such persons as he thinks proper and shall by the notice appoint a time not less than fourteen days from the giving of that notice or from the publication of any advertisement mentioned in paragraph (b) of subsection (2) of this section, whichever is later, after which the application may be granted unless a caveat is lodged forbidding the granting thereof.
	(2)	If the granting of an application to amend any certificate would affect land comprised in any other certificate, the Registrar-General shall—
	(a)	in addition to any other notices mentioned in this section cause notice such as mentioned in subsection (1) of this section to be given to every person appearing by the Register Book to have any interest in the land comprised in that other certificate, and such notice shall be accompanied by a plan showing accurately the extent to which the said land will be affected if the application is granted; and
	(b)	publish a notice such as mentioned in subsection (1) of this section in the Government Gazette.
223C—Power of Registrar-General to reject
Notwithstanding any direction given or action taken by the Registrar-General in relation to any application made under this Part the Registrar-General may reject the application if the applicant fails to comply to his satisfaction, within such time as to him seems reasonable, with any requisition which he has made in regard to such application.
223D—Caveats
	(1)	Any person claiming any estate or interest in any land in respect of which any application under this Part is made may, at any time before the application is granted, lodge a caveat in the Lands Titles Registration Office forbidding the granting of the application.
	(2)	Every such caveat shall in all other respects be in the same form, shall be subject to the same provisions, and shall have the same effect with respect to the application against which it is lodged, as a caveat against bringing land under the provisions of this Act.
223E—Grant of application
If the applicant satisfies the Registrar-General that proper grounds, as set out in section 223A, exist for altering the applicant's certificate or the certificate of any other person, or both such certificates, he shall grant the application: Provided that—
	(a)	where an alteration of the applicant's certificate would affect land included in the certificate of any other person, the alteration shall not be made unless that land was included in that other person's certificate by reason of error in survey or misdescription; and
	(b)	where the title to the land affected by the alteration has been determined in a contested proceeding in a court of competent jurisdiction, the Registrar‑General shall not make any alteration inconsistent with the determination of the court.
223F—Alterations of certificate in bringing land under this Act
On bringing any land under this Act, the Registrar-General, without any specific application for the purpose, may amend the certificate relating to any other land, if by reason of error in survey or misdescription any land is included in that certificate which the Registrar-General is satisfied should be included in the certificate issued for the land so brought under this Act.
223G—Amendment of title
Every amendment made under this Part may be made by the Registrar-General making the required alterations on the certificate of title.
223H—Notice of amendment of title
On amending a certificate under this Part, the Registrar‑General must give notice in writing of the amendment to the registered proprietor of, and to all persons appearing in the Register Book to have an interest in, the land included in that certificate, and the Registrar‑General may, in his or her discretion, issue a new certificate with an amended description.
223J—Rectification by consent
Where in the opinion of the Registrar-General it is expedient and desirable so to do, he may, with the consent of every person appearing by the Register Book to have any interest, make any correction or amendment to any certificate of title for the purpose of reconciling the boundaries shown in the certificate with the boundaries of the land occupied.
223K—Saving of other powers
The powers conferred by this Part are in addition to, and shall not be deemed to be substituted for, any powers of correction or amendment conferred by any other provision of this Act.
223L—Operation of corrections
Any correction or amendment made under this Part shall be deemed to have been made prior to the registration or recording of any instrument registered or recorded on any certificate so corrected or amended and extant at the time of such correction or amendment.

Part 19AB—Division and amalgamation of allotments
Division 1—Preliminary
223LA—Interpretation
	(1)	In this Part, unless the contrary intention appears—
allotment means—
	(a)	the whole of the land comprised in a certificate except for a community or development lot or common property within the meaning of the Community Titles Act 1996 or a unit or common property within the meaning of the Strata Titles Act 1988;
	(b)	the whole of the land comprised in a registered conveyance of land that has not been brought under the provisions of this Act;
	(c)	a separately defined piece of land that is delineated on a public map and separately identified by number or letter (not being a piece of land that is identified in a Treasury receipt, certificate or other document or instrument of title as being part only of an allotment);
	(d)	two or more separately defined pieces of land that are delineated on a public map and that are identified in a Treasury receipt, certificate or other document or instrument of title as forming one allotment for the purposes of this Part;
	(e)	a separately defined piece of land delineated on a plan of division for the purpose of enabling the separate ownership in fee simple of that land;
	(f)	a separately defined piece of land identified as an allotment for the purposes of this Part in a plan prepared by the Registrar-General and accepted for filing in the Lands Titles Registration Office;
	(g)	where a primary plan of community division has been cancelled under Part 7 Division 3 of the Community Titles Act 1996 or a strata plan has been cancelled under Part 2 Division 7 of the Strata Titles Act 1988—the land comprising the former community parcel or site shown on the plan,
but does not include—
	(h)	any such land or piece of land that has ceased to be an allotment by virtue of subsection (5); or
	(i)	land divided by a primary plan of community division under the Community Titles Act 1996 or a strata plan under the Strata Titles Act 1988;
amalgamation means the amalgamation of two or more contiguous allotments into a single allotment;
area means an area in relation to which a council is constituted;
the Commonwealth Crown means the Crown in right of the Commonwealth and includes any instrumentality or agency of that Crown;
council means a municipal or district council continued by or constituted under the Local Government Act 1934;
the Crown means the Crown in right of the State and includes a Minister of the Crown and any instrumentality or agency of the Crown;
division means the division of land into allotments, or the alteration of the boundaries of allotments, and includes subdivision and resubdivision but does not include amalgamation or the division of land by community plan under the Community Titles Act 1996 or by strata plan under the Strata Titles Act 1988;
electricity entity means—
	(a)	a person who holds a licence under the Electricity Act 1996 authorising the operation of a transmission or distribution network; or
	(b)	a person exempted from the requirement to hold such a licence; or
	(c)	Distribution Lessor Corporation or Transmission Lessor Corporation;
holder of a statutory encumbrance means—
	(a)	in relation to an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016—the Minister, council or greenway authority that entered into the agreement; or
	(b)	in any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;
the Mount Lofty Ranges means that part of the State delineated in General Registry Office Plan No. 180 of 1992 and described in that plan as "Mt. Lofty Ranges Area";
public map means a public map as defined in the Crown Lands Act 1929;
service easement means an easement in favour of—
	(a)	a water industry entity for sewerage or water supply purposes;
	(b)	a council or the Crown for drainage purposes; or
	(c)	an electricity entity for electricity supply purposes,
pursuant to section 223LG and includes an easement pursuant to a corresponding previous enactment;
State Planning Commission means the State Planning Commission established under the Planning, Development and Infrastructure Act 2016;
statutory encumbrance means—
	(a)	an Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988;
	(b)	an agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts Interpretation Act 1915;
	(c)	an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016 (including an agreement under Part 5 of the Development Act 1993 that is taken to be an agreement under that Part of the Planning, Development and Infrastructure Act 2016);
	(d)	any agreement or proclamation registered or noted on the title to land immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993;
	(e)	a heritage agreement entered into under the Heritage Places Act 1993;
	(f)	a heritage agreement entered into under the Native Vegetation Act 1991;
	(g)	an access agreement entered into under the Recreational Greenways Act 2000;
	(h)	a management agreement entered into under the River Murray Act 2003;
	(i)	a management agreement entered into under the Upper South East Dryland Salinity and Flood Management Act 2002;
	(j)	any other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition;
thoroughfare includes a walkway;
water industry entity means an entity involved in the water industry within the meaning of the Water Industry Act 2012.
	(2)	In paragraph (e) of the definition of allotment in subsection (1)—
plan of division means a plan of division (whether described as such, or as a plan of subdivision or resubdivision)—
	(a)	that was, before 1 January 1900, deposited or filed in the Lands Titles Registration Office or deposited or enrolled in the General Registry Office; or
	(b)	approved pursuant to the Planning and Development Act 1966 or a previous enactment and deposited, or accepted for filing, in the Lands Titles Registration Office or deposited or enrolled in the General Registry Office; or
	(c)	that was deposited by the Registrar-General in the Lands Titles Registration Office in pursuance of Part 19AB on or after 4 November 1982,
and that has not been superseded by a subsequent plan of division or been cancelled by or under this Act.
	(3)	For the purposes of this Part, allotments (including part allotments) will be taken to be contiguous if they abut one another at any point or if they are separated only by—
	(a)	a street, road, railway, thoroughfare or travelling stock route; or
	(b)	a reserve or other similar open space dedicated for public purposes.
	(4)	For the purposes of subsection (3) allotments (including part allotments) will be taken to be separated by intervening land if a line projected at right angles from any point on the boundary of one of the allotments or part allotments with the intervening land would intersect a boundary of the other allotment or part allotment with the intervening land.
	(5)	Where a statutorily authorised division of land was made before the commencement of this Part, or is made in pursuance of this Part, that division will be taken to have superseded any former division insofar as it affected the same land (whether or not the former division was itself statutorily authorised) and hence any allotments that may have existed by virtue of any such former division of the land will, to the extent to which it has been superseded, cease to exist.
	(6)	For the purposes of subsection (5) a division of land is statutorily authorised if effected in pursuance of this Part, or any previous enactment providing for the division of land.
	(7)	An application or instrument under this Part may not be executed under a client authorisation.
223LB—Unlawful division of land
	(1)	A person must not grant, sell, transfer, convey, mortgage or encumber an estate or interest (except a right-of-way or other easement) in land (whether or not the land has been brought under the provisions of this Act) unless that land constitutes—
	(a)	the whole of an allotment, or of a number of allotments; or
	(b)	an allotment or allotments and a part allotment that is contiguous with that allotment or with one or more of those allotments and is comprised within the same certificate; or
	(c)	an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with 1 or more of those allotments and the allotment or allotments and part allotments are comprised within the same certificate.
	(2)	Where land is comprised in a certificate, a person must not grant, sell, transfer, convey, mortgage or encumber an estate or interest (except a right-of-way or other easement) in portion of the land comprised in the certificate unless—
	(a)	the portion of the land constitutes—
	(i)	the whole of an allotment or of a number of allotments; or
	(ii)	an allotment or allotments and a part allotment that is contiguous with that allotment or with 1 or more of those allotments; or
	(iii)	an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with 1 or more of those allotments; and
	(b)	the remainder of the land comprised in the certificate—
	(i)	constitutes the whole of an allotment or of a number of allotments; or
	(ii)	constitutes an allotment or allotments and a part allotment or part allotments that are contiguous with that allotment or one or more of those allotments; or
	(iii)	constitutes an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with 1 or more of those allotments.
	(3)	The requirement of contiguity in subsection (2)(b)(ii) does not apply to a part allotment that was not contiguous with any allotment in the certificate before the transaction occurred.
	(4)	A transaction entered into in contravention of this section is void and no instrument purporting to give effect to such a transaction may be lodged for registration.
	(5)	This section does not affect the validity of a contract to grant, sell, transfer, convey, mortgage or encumber an estate or interest in land if—
	(a)	a division of land—
	(i)	under this Part; or
	(ii)	by strata plan under the Strata Titles Act 1988 or by community plan under the Community Titles Act 1996,
is contemplated by the parties to the contract; and
	(b)	the contract could, if the land were divided as contemplated by the parties, be carried into effect in conformity with this section; and
	(c)	the contract provides that the grant, transfer, conveyance, mortgage or encumbrance of estates or interests in land pursuant to the contract will not have effect until the plan of division, strata plan or community plan contemplated by the parties has been deposited in the Lands Titles Registration Office by the Registrar-General.
	(6)	Where—
	(a)	before 4 November 1982—
	(i)	land was laid out in a building unit scheme; and
	(ii)	buildings were erected in accordance with the scheme; and
	(b)	by virtue of leases or agreements with the registered proprietor of the land, two or more persons have exclusive rights to occupy separate portions of the land,
this section does not affect the validity of an assignment of or other dealing with the rights of occupation existing under the leases or agreements referred to in paragraph (b).
	(7)	This section does not affect the validity of—
	(a)	a transaction lawfully entered into before 4 November 1982; or
	(b)	a transaction of a class excluded by regulation from the provisions of this section.
	(8)	In this section—
allotment includes a community lot, a development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988;
estate in land includes an estate of leasehold.
223LC—Application of this Part
This Part does not apply in respect of unalienated Crown lands or land alienated from the Crown otherwise than in fee simple.

Division 2—General procedures to be observed in relation to division of land
223LD—Application for division
	(1)	An application for the division of land may be made to the Registrar-General by the registered proprietor of the land.
	(2)	An application under this section must be—
	(a)	in the appropriate form; and
	(b)	signed by the applicant; and
	(c)	accompanied by the prescribed fee.
	(3)	Subject to this section, the application must be accompanied by—
	(a)	a plan of division delineating the allotments into which the applicant seeks to divide the land; and
	(b)	the certificate of a licensed surveyor in the prescribed form,
and the applicant must comply with the requirements of the Registrar-General in relation to the application.
	(4)	The Registrar-General may examine a plan of division before the application for the division is lodged under subsection (1) to determine whether the plan is in an appropriate form to be deposited in the Lands Titles Registration Office.
	(5)	The regulations may provide that in prescribed cases, or cases of a prescribed class, no certificate is required under subsection (3)(b) unless the Registrar-General specifically requires such a certificate, and, in any other case, the Registrar-General may, if he or she thinks fit, dispense with any such certificate.
	(5a)	The Registrar‑General must not deal with an application (other than an application of a kind prescribed by regulation) for the division of land unless satisfied that the certificate from the State Planning Commission required by section 138 of the Planning, Development and Infrastructure Act 2016 has been given, and is in force, in relation to the proposed division.
	(6)	The certificate referred to in subsection (5a) expires at the expiration of one year after the application for the division of the land was lodged with the Registrar-General unless the Registrar-General extends the life of the certificate.
	(7)	The plan and the application for division will, upon being lodged with the Registrar‑General, be taken for the purposes of this Act to be a single instrument presented for registration and will have priority over other instruments in accordance with section 56.
	(8)	Subject to subsection (9), a plan of division or the application to which it relates cannot be withdrawn or amended without the consent of all the persons who are required by this Division to certify their consent to deposit of the plan.
	(9)	The Registrar-General may permit an applicant, or a person who has certified his or her consent to deposit of a plan of division, to amend the application or the plan to which it relates in order to comply with this Act or with a requirement of the Registrar-General under this Act.
	(10)	The provisions of this Act that apply to, or in relation to, instruments of a particular class will, subject to this Part, apply (with any necessary adaptations or modifications) to, or in relation to, a plan of division and the application for division if deposit of the plan in the Lands Titles Registration Office—
	(a)	would operate to vest in a person under section 223LE the same kind of estate or interest as is vested by registration of instruments of that class; or
	(b)	would discharge or otherwise extinguish an estate or interest in land under section 223LE of the same kind as is discharged or extinguished by registration of instruments of that class.
	(11)	Except where the Registrar-General otherwise determines, an application for the division of land cannot be made unless the land has been brought under the provisions of this Act.
	(12)	Where an application for the division of land that has not been brought under the provisions of this Act is permitted by the Registrar-General, references in this Division that are appropriate to, or in relation to, land that has been brought under the provisions of this Act will, in relation to that application, be read subject to appropriate adaptations and modifications.
223LDA—Application may deal with statutory encumbrances
Despite any other statutory provision to the contrary, the Registrar‑General may treat an application under this Part as if it included an application for the variation or termination of a statutory encumbrance if—
	(a)	the application or the plan of division specifies that variation or termination of a statutory encumbrance is to be registered or noted; and
	(b)	the application is accompanied by—
	(i)	a certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and
	(ii)	such other documentary material in relation to the statutory encumbrance as the Registrar‑General may require.
223LE—Deposit of plan of division in Lands Titles Registration Office
	(1)	Where due application is made to the Registrar-General for the division of land, the Registrar-General may deposit the plan of division to which the application relates in the Lands Titles Registration Office if the certificate issued by the Commission in relation to the proposed division has not expired under this Division.
	(2)	Subject to subsection (3), where a plan of division or the application for division states that an estate or interest in land is vested in a person, deposit of the plan in the Lands Titles Registration Office operates to vest the estate or interest in that person to the extent to which it is not already vested in him or her.
	(3)	An estate in fee simple will vest in a person under subsection (2) only if—
	(a)	the person was, immediately before the plan of division was deposited in the Lands Titles Registration Office, the registered proprietor of an estate in fee simple in some part, or the whole, of the land, shown on the plan of division; or
	(b)	the person is an agent or instrumentality of the Crown or the Commonwealth Crown or is entitled to acquire the land compulsorily under an Act or law of the State or the Commonwealth.
	(4)	Where a plan of division or the application for division states that an estate or interest in land shown on the plan of division is discharged or otherwise extinguished whether wholly or in respect of part only of that land, deposit of the plan in the Lands Titles Registration Office operates to discharge or otherwise extinguish that estate or interest wholly or in respect of that part of the land.
	(5)	Where the deposit of a plan of division will operate to vest an estate or interest (other than an estate in fee simple or a service easement) in a person, the terms on which the estate or interest will be held must be specified by including them in, or attaching them to, the application for the division of the land or by reference to another registered instrument.
	(6)	Where an easement is shown on a plan of division, the plan or the application for division must specify which land is the dominant land (if any) and which land is the servient land in respect of the easement.
	(7)	Upon deposit of a plan of division in the Lands Titles Registration Office, the Registrar-General must make such entries on the certificates relating to land affected by the plan as he or she considers necessary.
223LF—Streets, roads etc
	(1)	Upon deposit of a plan of division in the Lands Titles Registration Office, all land shown on the plan as a street, road, thoroughfare, reserve or other similar open space will—
	(a)	vest in fee simple in the council for the area in which the land is situated; or
	(b)	where the land is not within the area of a council—
	(i)	if provision is made by the regulations for the land to vest in a prescribed authority—vest in that authority; or
	(ii)	in any other case—revert to the Crown.
	(2)	All land shown on a plan of division deposited in the Lands Titles Registration Office as a street, road, thoroughfare, reserve or other similar open space—
	(a)	must be held for the purposes indicated by the plan; and
	(b)	is subject to such easements (excluding rights-of-way in the case of a street, road or thoroughfare) as are indicated on the plan of division; and
	(c)	is free of all other estates and interests.
	(3)	All land shown on a plan of division deposited in the Lands Titles Registration Office as a street, road, or thoroughfare will, for all purposes, be regarded as a public street, road, or thoroughfare.
	(4)	Subsections (2) and (3) apply in relation to a plan of division deposited on or after 4 November 1982.
	(5)	Compensation is not payable in respect of the vesting or reversion of land under this section.
	(6)	An easement that is appurtenant to land that is shown on a plan of division as a street, road, thoroughfare, reserve or other similar open space ceases to be appurtenant to that land upon deposit of the plan in the Lands Titles Registration Office unless the plan shows that the easement will remain appurtenant to that land.
223LG—Service easements
	(1)	Where it appears from a plan of division deposited in the Lands Titles Registration Office that any land delineated on the plan is subject, or intended to be subject, to an easement in favour of a water industry entity (or a predecessor or successor of such an entity) for sewerage purposes or for water supply purposes, the land is subject to an easement in favour of the entity (or its successor) entitling the entity its agents, servants and workmen at any time to break the surface of, dig, open up and use the land for the purpose of laying down, fixing, taking up, repairing, re-laying or examining pipes and of using and maintaining those pipes for sewerage or water supply purposes, as the case may be, and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.
	(2)	Where it appears from a plan of division deposited in the Lands Titles Registration Office that any land delineated on the plan is subject, or intended to be subject, to an easement in favour of a council or the Crown for drainage purposes, the land is subject to an easement in favour of the council (or its successor) or the Crown entitling the council or the Crown through its agents, servants and workmen at any time to break the surface of, dig, open up and use the land for the purpose of constructing, laying down, fixing, taking up, repairing, re-laying or examining drains or drainage pipes for the purpose of the drainage of water, sewage or other effluents and of using and maintaining such drains and pipes, and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.
	(3)	Where it appears from a plan of division deposited in the Lands Titles Registration Office that any land delineated on the plan is subject, or is intended to be subject, to an easement for electricity supply purposes which does not exceed ten metres in width and is in favour of an electricity entity, the land is subject to an easement in favour of the entity (and any other electricity entity to which it has leased its rights under the easement), entitling the electricity entity concerned, its agents, servants and workmen at any time—
	(a)	to enter upon and to pass either with or without motor vehicles or other vehicles along or over the land; and
	(b)	to construct and lay—
	(i)	on or under the surface of the land ducts, pipes, conductors, cables, wires and other works; and
	(ii)	on the surface of the land incidental or ancillary works for the transmission of electricity (including, without limiting the generality of the foregoing, manholes and cable markers); and
	(c)	to suspend above the surface of the land conductors, cables, wires and other equipment and to construct supporting and other works incidental or ancillary to that purpose; and
	(d)	without limiting the generality of any other right, to erect on any portion of the land designated "T/F" in the plan to a height not exceeding four metres or such other height as may be shown in the plan from the surface of the land, equipment for transforming electricity and incidental or ancillary works (including, without limiting the generality of the foregoing, such walls or other structures as the electricity entity considers necessary); and
	(e)	from time to time to break the surface of, dig, open up and use the land for any of the purposes referred to in this subsection; and
	(f)	to inspect, repair, alter, remove and replace any works referred to in this subsection; and
	(g)	to transmit electricity by means of any such works.
	(4)	No right to compensation arises—
	(a)	by virtue of the fact that land becomes subject to an easement under this section; or
	(b)	by virtue of the exercise of rights conferred by an easement under this section.
	(5)	An easement in favour of an authority or entity under subsections (1), (2) or (3) vests in the authority or entity free of all estates and interests except easements indicated on the plan of division.
	(6)	If by virtue of this section, any land is subject to an easement, the Registrar-General must make such entries in the Register Book as are necessary to evidence the easement.
223LH—Consent to plans of division
	(1)	An application for division must be endorsed with—
	(a)	where it appears from the Register Book that deposit of the plan of division in the Lands Titles Registration Office will affect the estate or interest of a person in the land to be divided or in any other land—a certificate signed by that person certifying that they have consented to the deposit of the plan; and
	(b)	where it appears from the Register Book that a person, apart from the registered proprietor or a person referred to in paragraph (a) has, or claims, an estate or interest in the land to be divided—a certificate signed by that person certifying that they have consented to the deposit of the plan; and
	(c)	where the land to be divided is subject to a statutory encumbrance—a certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the holder of the statutory encumbrance has consented to the deposit of the plan.
	(2)	Where the deposit of a plan of division will operate to vest an estate or interest in land in a person, the application for division must be endorsed with a certificate signed by the person in whom the estate or interest will be vested certifying that he or she has consented to the deposit of the plan.
	(2a)	Where the deposit of a plan of division would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has, or claims, an estate or interest in the servient land is not required in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land.
	(3)	The Registrar-General may dispense with the requirement of consent under subsection (2) in relation to the vesting of an estate in fee simple in a street, road, thoroughfare, reserve or other similar open space or a service easement.
	(4)	A person who has applied for division of land is not required to sign a certificate under this section.
	(5)	The regulations may provide that in prescribed cases, or cases of a prescribed class, a certificate is not required under this section unless the Registrar-General specifically requires such a certificate.
	(6)	The Registrar-General may, if he or she thinks fit, dispense with a certificate required by this section.
223LI—Assessment of stamp duty
Where duty is payable under the Stamp Duties Act 1923 in relation to two or more transactions that will be effected by deposit of a plan of division, each of the transactions will be taken to be effected by a separate instrument for the purposes of assessing the duty.

Division 3—Amalgamation
223LJ—Amalgamation
	(1)	Where a person is the registered proprietor of two or more contiguous allotments, he or she may apply to the Registrar-General for amalgamation of those allotments into a single allotment.
	(2)	An application under this section—
	(a)	must be in the appropriate form; and
	(ab)	must be signed by the applicant; and
	(b)	must be accompanied by the prescribed fee; and
	(d)	must, if the Registrar-General so requires, be accompanied by a plan of the allotment to be formed by the amalgamation; and
	(e)	must be endorsed with or accompanied by, the consent of persons required by or under subsection (3); and
	(f)	must be accompanied by such other documents as may be prescribed.
	(3)	The consent of the following persons is required to an amalgamation of allotments under this Division:
	(a)	a person who appears from the Register Book to have an interest as mortgagee or encumbrancee of the land or any part of the land to be amalgamated;
	(b)	such other persons whose consents are required either in the opinion of the Registrar-General or by regulation.
	(4)	Upon receipt of an application under this section, the Registrar-General may—
	(a)	amalgamate the allotments to which the application relates into a single allotment; and
	(b)	make such entries and notations in or upon the Register Book or plans of division or other plans in the Lands Titles Registration Office as are necessary to evidence the amalgamation; and
	(c)	cancel certificates in respect of the amalgamated allotments and issue a new certificate in respect of the allotment formed by the amalgamation.
	(5)	If—
	(a)	an easement is appurtenant to one or more (but not all) of the allotments to be amalgamated; and
	(b)	the consent of the proprietor of the servient land and of all persons who appear from the Register Book to have, or to claim, an estate or interest in the servient land is endorsed on the application for amalgamation,
the easement will, upon amalgamation of the allotments, be appurtenant to the single allotment resulting from the amalgamation.
	(6)	On—
	(a)	amalgamation of allotments into a single allotment under this section;
	(b)	amalgamation or merger of allotments into a single allotment under any other Act,
the allotments out of which the single allotment was formed cease to be allotments for the purposes of this Part.

Division 5—Miscellaneous provisions
223LP—Regulations
The Governor may make such regulations as are contemplated by this Part, or as are necessary or expedient for the purposes of this Part.

Part 20—Procedure and penalties
226—Forms of summons by Registrar-General
Any summons issued by the Registrar-General under the authority of this Act may be in the form of Schedule 22 hereto.
227—On refusal or neglect of person summoned, Registrar-General may apply to Judge
If any person shall refuse or neglect to obey or comply with the requirements of any such summons the Registrar-General may apply to a Judge for a summons calling upon such person to show cause why he should not obey or comply with the same, and any Judge may, on the hearing of such summons, make such order in the premises as he shall think fit, and unless the Judge shall on such hearing certify that such refusal or neglect was reasonable, such person shall forfeit and pay a penalty, to be enforced by the said Judge not exceeding two hundred dollars.
228—Declarations
Any declaration under this Act may be made before the Registrar-General, any Deputy Registrar-General, a Notary Public, Justice of the Peace, registered conveyancer, or Commissioner for taking Affidavits in the Supreme Court.
229—Offences
If a person—
	(a)	forges or procures to be forged or assists in forging, or fraudulently affixes or procures to be affixed or assists in affixing, the seal of the Registrar‑General, or an impression or part of an impression of the seal, to an instrument or other document; or
	(b)	forges or procures to be forged or assists in forging the name, signature or handwriting of—
	(i)	the Registrar‑General; or
	(ii)	a person engaged in the administration of this Act in any case where the person is by this Act expressly or impliedly authorised to affix his or her signature; or
	(c)	fraudulently stamps or causes to be stamped an instrument or other document with the seal of the Registrar‑General or with a seal purporting to be the seal of the Registrar‑General; or
	(d)	forges or procures to be forged or assists in forging the name, signature or handwriting of a person to an instrument or other document that is under this Act expressly or impliedly authorised to be signed, certified or executed by the person; or
	(e)	uses, with an intention to defraud a person—
	(i)	a document on which an impression or part of the impression of a seal of the Registrar‑General has been forged or fraudulently affixed knowing that the seal is forged or fraudulently affixed; or
	(ii)	a document the signature to which has been forged knowing that the signature has been forged,
the person is guilty of an offence.
Maximum penalty: $50 000 or imprisonment for 10 years.
230—Perjury
If any person wilfully makes a false oath or declaration concerning any document or instrument, or, matter or procedure, under or in pursuance of this Act, such person shall be guilty of perjury.
Maximum penalty: $50 000 or imprisonment for 10 years.
232—Certifying incorrect documents
	(1)	If a person falsely provides a certification under section 273(1), the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(1a)	In proceedings for an offence against subsection (1), it is a defence to prove that—
	(a)	the defendant was not negligent; and
	(b)	the act or omission constituting the offence was attributable to an honest mistake on the defendant's part.
	(1b)	If—
	(a)	a person falsely provides a certification under section 273(1); and
	(b)	the person knows that the certification is false,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(2)	If a person who is an employee of a body corporate that is a mortgagee that is required to provide a certification under section 273(1)—
	(a)	provides the certification on behalf of the body corporate; but
	(b)	does not, at the time of providing the certification, have personal knowledge of the matters to which he or she is certifying,
the person and the body corporate are each guilty of an offence.
Maximum penalty: $10 000.
232A—Offences relating to verification of identity
	(1)	If a person falsely states that another person's identity has been verified in compliance with the verification of identity requirements or the participation rules, the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(2)	If—
	(a)	a person falsely states that another person's identity has been verified in compliance with the verification of identity requirements or the participation rules; and
	(b)	the person knows the statement is false,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(3)	If a person makes a false or misleading statement in connection with the verification of the identity of the person, or another person, for the purposes of the verification of identity requirements or the participation rules, the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(4)	If—
	(a)	a person makes a false or misleading statement in connection with the verification of the identity of the person, or another person, for the purposes of the verification of identity requirements or the participation rules; and
	(b)	the person knows the statement is false or misleading,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(5)	A person who, in connection with the verification of the identity of the person, or another person, for the purposes of the verification of identity requirements or the participation rules, produces a document or record that he or she knows, or ought to know, is false or misleading in a material particular, is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(6)	A person who is required under the verification of identity requirements or the participation rules to retain a document or record produced in connection with the verification of another person's identity must retain and safely and securely store the document or record, or a clearly legible copy of the document or record, for the period during which retention of the document or record is required under the requirements or rules as in force when the document or record was produced.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(7)	A certification provided under section 273(1) is not a statement for the purposes of this section.
232B—Offences relating to verification of authority
	(1)	If a person falsely states that the authority of another person to enter into a transaction, or to execute an instrument or document in connection with a transaction, has been verified in accordance with the verification of authority guidelines or the participation rules, the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(2)	If—
	(a)	a person falsely states that the authority of another person to enter into a transaction, or to execute an instrument or document in connection with a transaction, has been verified in accordance with the verification of authority guidelines or the participation rules; and
	(b)	the person knows the statement is false,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(3)	If a person makes a false or misleading statement in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules, the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(4)	If—
	(a)	a person makes a false or misleading statement in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules; and
	(b)	the person knows the statement is false or misleading,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(5)	A person who, in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules, produces a document or record that he or she knows, or ought to know, is false or misleading in a material particular, is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(6)	A person who is required under the verification of authority guidelines or the participation rules to retain a document or record produced in connection with the verification of another person's authority to enter into a transaction, or to execute an instrument or document in connection with a transaction, must retain and safely and securely store the document or record, or a clearly legible copy of the document or record, for the period during which retention of the document or record is required under the guidelines or rules as in force when the document or record was produced.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(7)	A certification provided under section 273(1) is not a statement for the purposes of this section.
233—Other offences
A person who—
	(a)	wilfully and fraudulently makes any false statement in any application to bring land under the provisions of this Act, or in any application to be registered as proprietor, whether in possession, reversion, remainder, or otherwise on a transmission, or in any other application to be registered under this Act as proprietor of any land, or any estate or interest in any land;
	(b)	wilfully and fraudulently suppresses, withholds, or conceals, or assists, or joins in, or is privy to the suppressing, withholding, or concealing from the Registrar-General or any Deputy Registrar‑General any material document, fact, or matter of information;
	(c)	wilfully and fraudulently gives false evidence, or makes a false statement in his examination before the Registrar-General or any Deputy Registrar-General;
	(d)	without lawful authority and knowing that no such authority exists intentionally alters or causes to be altered—
	(i)	a certificate of title filed in the Register Book; or
	(ii)	records made by the Registrar-General by an electronic, electromagnetic, optical or photographic process under Division 2 of Part 5 or a certificate of title issued under that Division; or
	(iii)	any instrument comprising part of the Register Book; or
	(iv)	any instrument or form issued by the Registrar-General; or
	(v)	a client authorisation;
	(da)	fraudulently uses, assists in fraudulently using or is privy to the fraudulent using of a digital signature within the meaning of the Electronic Conveyancing National Law (South Australia);
	(e)	fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar‑General;
	(f)	knowingly misleads or deceives any person hereinbefore authorised to demand explanation or information in respect of any land, or the title to any land, which is the subject of any application to bring the same under the provisions of this Act, or in respect of which any instrument is proposed to be registered or recorded,
is guilty of an offence.
Maximum penalty: $50 000 or imprisonment for 10 years.
234—Certificate etc procured by fraud to be void
Any certificate, instrument, entry, erasure, or alteration procured, or made by fraud as in the last preceding section mentioned shall, whether there shall be a conviction under such section or not, be void as regards all parties or privies to such fraud.
240—Conviction not to affect civil remedy
No proceeding or conviction for any act hereby declared to be an offence shall affect any remedy which any person aggrieved or injured by such act may be entitled to against the person who has committed such act, or against his estate.

Part 20A—Client authorisation
240A—Client authorisation
For the purposes of this Act, a client authorisation is a document—
	(a)	that is a client authorisation for the purposes of the Electronic Conveyancing National Law (South Australia); or
	(b)	—
	(i)	that is in the appropriate form; and
	(ii)	by which the client of a law practice, legal practitioner or registered conveyancer authorises the practice, practitioner or conveyancer to execute 1 or more instruments, or do 1 or more other things, on behalf of the client in connection with a specified transaction or for a specified period of time.
240B—Effect of client authorisation
	(1)	A properly completed client authorisation has effect according to its terms.
	(2)	If a client authorisation is properly completed, the requirements of any other law of this State relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.
	(3)	This section does not apply in relation to a client authorisation under the Electronic Conveyancing National Law (South Australia).
Note—
Section 11 of the Electronic Conveyancing National Law (South Australia) deals with the effect of client authorisations under the Law.
240C—Termination of client authorisation
	(1)	A client authorisation terminates if a party to the authorisation advises the other party by notice in writing that the authorisation is terminated.
	(2)	Termination of a client authorisation has effect on receipt of the termination notice, or on the date and time or happening of an event specified in the termination notice, whichever occurs first.
240D—Instruments to be executed by natural persons
If a law practice, or a registered conveyancer that is a body corporate, is authorised under a client authorisation to execute instruments on behalf of a person, the instruments must be executed by—
	(a)	in the case of a law practice—
	(i)	a person who is a legal practitioner associate of the law practice for the purposes of the Legal Practitioners Act 1981; or
	(ii)	a registered conveyancer who is an employee of the law practice; or
	(b)	in the case of a registered conveyancer that is a body corporate—a registered conveyancer who is a director or employee of the conveyancer.
240E—Client authorisation may be given by Crown or statutory corporation
The Crown (including an instrumentality of the Crown) or a statutory corporation may provide for a representative to execute instruments on its behalf by completing a client authorisation (irrespective of whether it has the capacity to delegate its powers).
240F—Legal practitioner and registered conveyancer must obtain authorisation
	(1)	If a legal practitioner or registered conveyancer executes an instrument for the purposes of this Act or the Electronic Conveyancing National Law (South Australia) on behalf of a party to the instrument—
	(a)	other than in accordance with a properly completed client authorisation; or
	(b)	in accordance with a properly completed client authorisation but without first—
	(i)	verifying the identity of the party in accordance with the verification of identity requirements; and
	(ii)	verifying the authority of the party, in accordance with the verification of authority guidelines, to be a party to the instruments authorised by or under the client authorisation,
the practitioner or conveyancer is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
	(2)	Subsection (1) does not apply to a legal practitioner or registered conveyancer—
	(a)	who executes a caveat as agent of a caveator otherwise than under a client authorisation; or
	(b)	who executes a priority notice on behalf of a person otherwise than under a client authorisation; or
	(c)	in other prescribed circumstances.
	(3)	In proceedings for an offence against subsection (1)(a) or (b), it is a defence to prove that—
	(a)	the defendant was not negligent; and
	(b)	the act or omission constituting the offence was attributable to an honest mistake on the defendant's part.
240G—Retention of client authorisation
A client authorisation must be retained by the law practice, legal practitioner or registered conveyancer for the period prescribed by the regulations.
Maximum penalty: $10 000 or imprisonment for 2 years.

Part 21—Miscellaneous
241—Plans and maps
	(1)	Where, in the opinion of the Registrar-General, a plan or map is necessary or desirable for the purpose of registering or recording any dealing with land, he may require the person who has lodged documents in connection with the dealing to lodge an appropriate plan or map.
	(2)	A plan or map lodged with the Registrar-General must comply with his requirements as to—
	(a)	the dimensions of the plan or map; and
	(b)	the scale to which it is drawn; and
	(c)	the information that it includes.
	(3)	The Registrar-General may reject a plan or map that—
	(a)	does not comply with his requirements under this section; or
	(b)	is inaccurate or deficient in any respect.
242—Diagrams of land in certificates of title
Every certificate of title for land brought under the provisions of this Act after the passing hereof (except a certificate for a strata lot within the meaning of the Community Titles Act 1996 or a unit within the meaning of the Strata Titles Act 1988) must include a diagram (or have a diagram attached to it), showing the measurements of the land contained therein, such plan to be supplied by the Surveyor-General when practicable without involving any cost to the Government, or shall refer to a plan deposited, or accepted for filing, in the Lands Titles Office showing such measurements.
242A—Cases where measurements not required
It shall not be necessary to supply, show, or state the dimensions, measurements, or bearings of any closed road or reserve or any closed part of any road or reserve for any purpose of this Act unless those dimensions, measurements, or bearings shall be required by the Registrar-General to be supplied, shown, or stated, and the Registrar-General may in any other case dispense with the necessity for supplying, showing, or stating any dimensions, measurements, or bearings for the purposes of this Act.
244—Provision for person under disability of infancy or mental incapacity
Where any person who (if not under disability) might have made any application, given any consent, done any act, or been party to any proceedings under this Act, is an infant or mentally incapacitated person, the guardian or the administrator or committee of the estate of such person may make such applications, give such consent, do such acts, and be party to such proceedings as such person himself, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of this Act.
245—Court may appoint guardian
The Court may appoint a guardian of an infant for the purposes of this Act.
246—Unregistered instruments to confer claim to registration
Every instrument signed or executed by a registered proprietor, or by any person claiming through or under a registered proprietor, purporting to pass an estate or interest in land for the registration of which estate or interest provision is made in this Act shall, until registered, be deemed to confer upon the person intended to take under such instrument, or any person claiming through or under him or her, a right or claim to the registration of such estate or interest. The Registrar-General, upon application for such registration by any person other than the person immediately claiming from a registered proprietor, may reject the same altogether or may register the applicant as proprietor of the estate or interest, either forthwith or at the expiration of some defined period of time, and may direct such other entries to be made in the Register Book, and such advertisements to be published, as the Registrar‑General considers necessary.
247—Informal documents may be registered
The Registrar-General may, in the event of great loss or inconvenience being likely to arise, register any document signed or executed by a registered proprietor, or by any person claiming through or under a registered proprietor, notwithstanding that such document be not in any of the forms prescribed by this Act, nor otherwise in accordance with the provisions hereof: Provided that such document purports to create an estate or interest in land for the registration of which estate or interest provision is made in this Act, and would in equity, apart from the provisions of this Act, be regarded as vesting such estate or interest in the person intended to take under such document. The Registrar-General, upon application for such registration, may reject the same altogether, or may proceed as directed in the last preceding section.
248—Memorial to be entered
On registering any such applicant, as mentioned in the two last preceding sections, the Registrar-General shall, so far as possible, enter the like memorial of every document or instrument produced by the applicant in the same manner as if such document or instrument had been presented for registration in its proper order of time: Provided that no such registration shall be made if it would interfere with the right of any person claiming under any instrument previously registered under this Act.
249—Equities not abolished
	(1)	Nothing contained in this Act shall affect the jurisdiction of the Courts of law and equity in cases of actual fraud or over contracts or agreements for the sale or other disposition of land or over equities generally.
	(2)	And the intention of this Act is that, notwithstanding the provisions herein contained for preventing the particulars of any trusts being entered in the Register Book, and without prejudice to the powers of disposition or other powers conferred by this Act on proprietors of land, all contracts and other rights arising from unregistered transactions may be enforced against such proprietors in respect of their estate and interest therein, in the same manner as such contracts or rights may be enforced against proprietors in respect of land not under the provisions of this Act: Provided that no unregistered estate, interest, contract, or agreement shall prevail against the title of any bona fide subsequent transferee, mortgagee, lessee, or encumbrancee, for valuable consideration, duly registered under this Act.
250—Lis pendens not to be registered
No lis pendens affecting lands under the provisions of this Act shall hereafter be registered.
251—No title by adverse possession
Except as provided in Part 7A of this Act, no person shall acquire any right or title to land under the provisions of this Act by any length of adverse possession, nor shall the right of the registered proprietor to recover possession of any such land be barred by any length of adverse possession.
252—Corporations and district councils to furnish Registrar-General with plans of new streets etc
So often as any new street or road shall become vested in any Corporation or District Council by any means other than in pursuance of an order for opening the same the Corporation or Council affected shall immediately furnish the Registrar-General with a map or plan showing particulars of the new street or road so having become vested as aforesaid.
253—Surveyor-General to furnish Registrar-General with particulars of orders confirming opening of new roads etc
Whenever an order for opening a new road or closing an old road, or for the exchange of any water or other reserve, through or affecting land under the provisions of this Act shall have been duly confirmed, the Surveyor-General shall forthwith after such confirmation forward to the Registrar-General particulars of the date of such confirmation, and of the width, length, bearings, and measurements of such road, or of the exact dimensions and position of such reserve, and of the land taken in exchange.
254—Alteration of plans
The Registrar-General shall make reference to the particulars so furnished to him or her as aforesaid on any plan deposited which is affected thereby, and shall also make an entry on the certificate in the Register Book, and alter any diagram included in, or attached to, the certificate in accordance with such survey maps, plans or particulars.
255—Confused boundaries
	(1)	A plan of the boundaries of land within a Confused Boundary Area that is lodged in the Lands Titles Registration Office under section 51(2) of the Survey Act 1992 must be accompanied by an application in a form approved by the Registrar-General.
	(2)	The Registrar-General must, on the lodging of a plan referred to in subsection (1), examine the plan as if it were a plan lodged under this Act.
	(3)	The Registrar-General may deposit a plan in the Lands Titles Registration Office pursuant to section 51 of the Survey Act 1992 without the consent of a person who appears from the Register Book to have or to claim an estate or interest in land affected by the plan.
	(4)	On the deposit of a plan referred to in subsection (3)—
	(a)	the boundaries of land affected by the plan are by force of this subsection altered to the extent necessary to give effect to the plan; and
	(b)	the Registrar-General may amend the certificate of title, or may issue a new certificate of title, without the production of any other instrument and without the consent of a person who appears to have or to claim an estate or interest in the land, and may amend any other relevant instrument or record.
	(6)	An amendment made to a certificate of title under this section will be taken to have been made prior to the registration or recording of any instrument registered or recorded on the certificate.
258—Reference to Real Property Acts
Where, in any Act now in force, reference is made to the Real Property Acts, or any of them, such reference shall be deemed to extend to this Act.
259—General powers of Court not affected
Any special jurisdiction by this Act given to the Court shall not prejudice or take away the ordinary jurisdiction of the Court.
260—Valuable consideration may be proved by prior instruments
Whenever in any action or other proceeding affecting the title to any land, it shall become necessary to determine the fact whether any person is a purchaser, transferee, mortgagee, encumbrancee, or lessee, for valuable consideration or not, any party to such action or other proceeding may give in evidence any transfer, mortgage, encumbrance, lease or other instrument affecting the title to such land, although the same may not be referred to in the certificate or may have been cancelled by the Registrar-General.
261—General covenants to be implied in instruments
In every instrument charging, creating, or transferring any estate or interest in land, there shall be implied the following covenant by the party charging, creating, or transferring such estate or interest, with the party in whose favour such estate or interest is charged or created, or to whom the same is transferred, and his executors, administrators, and transferees, that is to say—That he, the covenanting party, will do such acts and execute such instruments as in accordance with the provisions of this Act may be necessary to give effect to all covenants, conditions, and purposes expressly set forth in such instrument, or by this Act declared to be implied against such party in instruments of a like nature.
262—Implied powers and covenants may be modified or negatived
Every covenant and power by this Act implied in any instrument may be negatived or modified by express declaration contained in or endorsed on the instrument.
263—In action for breach, party may be proceeded against as if he had covenanted in express words
In any action for a breach of any such covenant, it shall be lawful to allege that the party against whom such action is brought did covenant precisely in the same manner as if such implied covenant, with or without modification, as the case may be, had been expressed in words in such instrument, any law or practice to the contrary notwithstanding; and every such implied covenant shall have the same force and effect and be enforced in the same manner as if it had been set out at length in such instrument.
264—Implied covenants to be joint and several
Where any covenants are by this Act implied against two or more persons, such implied covenants shall be construed to be joint and several.
265—Short forms of covenants in mortgages and leases
Where in any mortgage or encumbrance the short form of covenant given in Schedule 16 hereto and numbered 1, or where in any lease any of the other short forms of covenant given in such Schedule shall be used, the covenant set opposite such short form in the said Schedule shall be implied in such mortgage, encumbrance, or lease as fully and effectually as if set out at length therein: Provided that the parties to any such instrument may by express words add to or modify any such short form, in which case the same shall imply the covenant as set out at length, with the addition or modification so expressed.
266—Short form for expressing exception of mines and minerals
Whenever, in any application or instrument under this Act, the following words shall be used "Except and always reserved to                      all coals, seams of coals, mines, minerals, and quarries, but paying reasonable compensation to                     ," they shall be taken to have the same effect, and be construed as if the form of words contained in Schedule 17 hereto had been inserted therein; and the Registrar-General, on issuing a certificate, shall insert the words so used in the application or instrument, and the same shall be as binding and effectual as if he had inserted therein the words at length contained in the said Schedule 17.
267—Witnessing of instruments
	(1)	If a provision of this Act requires the signing of an instrument by or on behalf of a party to the instrument, the signing of the instrument must be witnessed by a person who either knows the person signing the instrument personally or is satisfied as to his or her identity.
	(2)	The witness—
	(a)	must be aged 18 years or over; and
	(b)	must not be a party to the instrument.
	(3)	The witness must sign his or her name as witness and the full name and address of the witness and a telephone number at which he or she can ordinarily be contacted during business hours must be legibly printed under the witness' signature.
268—Improper witnessing
If a person signs an instrument as witness but—
	(a)	does not know the person signing the instrument personally and has no reasonable ground on which to be satisfied as to the person's identity; or
	(b)	knows or has reasonable grounds for suspecting that the person signing the instrument—
	(i)	if signing as a party—is not a party to the instrument; or
	(ii)	if signing on behalf of a party—does not have authority to sign on behalf of the party,
the witness is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
270—Execution of instrument by corporation
A corporation may execute instruments under the provisions of this Act in any manner permitted by law.
273—Authority to register
	(1)	Subject to subsection (2), the Registrar‑General must not register or record an instrument purporting to deal with or affect land (including an instrument lodged electronically under the Electronic Conveyancing National Law (South Australia)) unless a prescribed person has, on behalf of each person required to execute the instrument under this Act, provided certification in the appropriate form—
	(a)	in relation to compliance with relevant legislation; and
	(b)	that the requirements of this Act in relation to verification of identity, verification of authority and execution of documents have been complied with in respect of the instrument; and
	(c)	that any document relevant to certification of the instrument that is required to be retained under this Act has been so retained; and
	(d)	that there has been compliance with any other requirements prescribed by regulation for the purposes of this section.
	(1a)	Certification under subsection (1) may only be provided by a natural person who has personal knowledge as to the matters to which he or she is certifying.
	(1b)	If the party required to provide certification under subsection (1) is a body corporate that is a mortgagee, the certification may be given by an employee of the body corporate who has personal knowledge as to the matters to which he or she is certifying.
	(1c)	If an instrument is lodged electronically under the Electronic Conveyancing National Law (South Australia), certification required under subsection (1) in respect of the instrument will be taken to be in the appropriate form if it complies with the participation rules.
	(2)	The Registrar‑General may, in his or her discretion, exempt a prescribed person, or classes of instrument prescribed by regulation, from any or all of the certification requirements under subsection (1).
	(3)	The Registrar-General may vary or revoke an exemption under subsection (2).
	(4)	In this section—
prescribed person means—
	(a)	a legal practitioner; or
	(b)	a registered conveyancer; or
	(c)	if the applicant is not represented by a legal practitioner or registered conveyancer—the applicant; or
	(d)	if a party to an instrument is not represented by a legal practitioner or registered conveyancer—that party; or
	(e)	if a provision of this Act requires or permits some other person to provide certification under subsection (1)—that person.
273AA—Proof of authority of unrepresented parties to enter into transaction
	(1)	If a party to an instrument is not represented by a legal practitioner or registered conveyancer, the Registrar‑General must not register or record the instrument in the Register Book or the Register of Crown Leases unless the party has satisfied the Registrar‑General that he or she is authorised to enter into the transaction to which the instrument relates.
	(2)	A party to an instrument who is not represented by a legal practitioner or registered conveyancer referred to in subsection (1) must retain a copy of any document used for the purpose of fulfilling his or her obligations under subsection (1) for the period prescribed by the regulations.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(3)	In this section—
party to an instrument has the same meaning as in section 273A.
273A—Verification of identity requirements
	(1)	The identity of—
	(a)	a party to an instrument; or
	(b)	a person executing a document for the purposes of this Act (other than a legal practitioner or registered conveyancer acting under a client authorisation),
must be verified in accordance with any prescribed requirements (the verification of identity requirements).
	(2)	A regulation made for the purposes of prescribing verification of identity requirements under subsection (1) may adopt or apply requirements determined, in writing, by the Registrar‑General, as in force at a particular time or from time to time.
	(3)	If requirements determined by the Registrar‑General are adopted or applied by the regulations—
	(a)	the Registrar‑General must ensure that the following are publicly available on a website maintained by the Registrar‑General and in any other manner the Registrar‑General considers appropriate:
	(i)	the current verification of identity requirements;
	(ii)	all superseded versions of the verification of identity requirements; and
	(b)	if the regulations adopt or apply the requirements as in force from time to time, any new version of the requirements will come into force—
	(i)	on the day on which the version is published on a website maintained by the Registrar‑General; or
	(ii)	on a subsequent day specified by the Registrar‑General in the requirements.
	(4)	The verification of identity requirements may (without limitation)—
	(a)	require verification of identity in relation to all, or specified classes of, instruments or documents; and
	(b)	include a requirement for a person to retain a document or record produced in connection with the verification of another person's identity for a period specified in the requirements.
	(5)	A reference in this Act to the verification of identity requirements, in relation to an instrument or other document, is a reference to the verification of identity requirements in force under this section at the time the identity of a party to the instrument or other document is verified (or purportedly verified).
	(5a)	In civil proceedings (other than review proceedings under this Act) where it is alleged that a person failed to comply with a requirement under the verification of identity requirements, that person bears the onus of proving his or her compliance with the requirement.
	(6)	In this section—
party to an instrument includes a person executing an instrument on behalf of another (whether pursuant to a power of attorney or otherwise) but does not include a legal practitioner or registered conveyancer acting under a client authorisation.
273B—Verification of authority guidelines
	(1)	The Registrar-General may issue guidelines (the verification of authority guidelines) to be observed by a party to a transaction, or the legal practitioner or registered conveyancer representing a party to a transaction, where the party, practitioner or conveyancer is required under this Act to verify his or her authority, or the authority of a party to the transaction, to enter into the transaction or to execute an instrument or document in connection with the transaction.
	(2)	The Registrar-General may from time to time cancel, vary or replace the verification of authority guidelines.
	(3)	The Registrar-General must ensure that current and superseded versions of the verification of authority guidelines are publicly available on a website maintained by the Registrar‑General and in any other manner the Registrar‑General considers appropriate.
	(4)	A reference in this Act to the verification of authority guidelines, in relation to an instrument or other document, is a reference to the verification of authority guidelines in force under this section at the time the authority of a party to enter into a transaction is verified (or purportedly verified).
274—Solicitors and conveyancers to be generally entitled to recover fees for work done under this Act
	(1)	Except as allowed by statute, no person other than a solicitor or registered conveyancer shall be entitled to sue for or receive any fees, costs, or charges for work done in reference to applications, transfers, or other dealings relating to land, nor to any right of set-off in respect of any such fees, costs, or charges, nor to any lien or right to retain any deed, paper, or writing which shall have come into his possession in reference to any such work.
	(2)	Where a requisition is made by the Registrar-General in respect of an instrument under this Act on the ground that there is an error in, or omission from, the instrument, and the error or omission arose through the fault of a solicitor or registered conveyancer, the solicitor or registered conveyancer shall not charge or recover any fees or costs for work done in relation to complying with the requisition.
	(3)	Where a person considers that a solicitor or registered conveyancer has, in contravention of subsection (2), charged any fees or costs for work done in relation to complying with a requisition, he may request a Master of the Supreme Court to tax the account of the solicitor or registered conveyancer in order to ascertain whether such fees or costs have been charged.
275—Forms in Schedules
Whenever a form in any Schedule hereto is directed to be used, such direction shall apply equally to any form to the like effect for a similar purpose authorised in conformity with the provisions of this Act; and any variation from such forms, not being in matter of substance, shall not affect their validity or regularity; but they may be used with such alterations as the character of the parties or the circumstances of the case may render necessary.
276—Service of notices
Where this Act makes no provision for the manner in which a notice is to be served on or given to any person the notice may—
	(a)	be served personally or by registered post; or
	(b)	be served by publication of the notice in a manner directed by the Registrar‑General.
276A—Evidence of instruments lodged electronically
	(1)	A document certified by the Registrar‑General that reproduces the contents of an instrument lodged electronically under this Act or the Electronic Conveyancing National Law (South Australia) (whether in its registered or recorded form or in some other form) must be accepted in legal proceedings as evidence of that instrument.
	(2)	A document referred to in subsection (1) that purports to have been certified by the Registrar‑General must be taken in legal proceedings, in the absence of proof to the contrary, to have been so certified.
277—Regulations
	(1)	The Governor may make such regulations as are contemplated by this Act or as are necessary or convenient for the purposes of this Act.
	(2)	Without limiting the generality of subsection (1), the regulations may—
	(a)	provide that a document or record required to be produced or retained by a person under this Act must be retained by the person for a particular period; and
	(b)	prescribe, and provide for the payment, recovery, waiver, reduction or refund of, fees and charges payable for or in respect of the following:
	(i)	the doing of an act or thing under this Act or the Electronic Conveyancing National Law (South Australia);
	(ii)	doing an act or thing in respect of the Register Book or the Register of Crown Leases required under any other Act;
	(iii)	searching—
	(A)	the Register Book or the Register of Crown Leases (whether electronically or in any other manner); or
	(B)	a document deposited or registered in the Lands Titles Registration Office,
for information recorded under this or any other Act;
	(iv)	obtaining copies of material searched for under subparagraph (iii);
	(v)	charges recoverable by solicitors and registered conveyancers for transacting business under the provisions of this Act;
	(vi)	the provision of lodgement support services by the Registrar‑General.
	(3)	Fees or charges prescribed under subsection (2) for registering a transfer of land may be based on the consideration for the transfer, the value of the land transferred or any other basis whether or not the fee or charge exceeds the administrative cost of registering the transfer.
	(3a)	An unpaid fee or charge for registering a transfer of land is, until payment, a first charge in respect of the land.
	(4)	A regulation prescribing fees or charges for registering a transfer of land may also provide that the Registrar‑General may—
	(a)	recover an amount (including interest) as a debt if the Registrar‑General determines, having regard to the capital value of land as determined by the Valuer‑General or any other relevant information, that the value of the transferred land at the time of the transfer was higher than the value of the transferred land used as the basis for calculating the fee or charge; or
	(b)	refund an amount if the Registrar‑General determines, having regard to the capital value of land as determined by the Valuer‑General or any other relevant information, that the value of the transferred land at the time of the transfer was lower than the value of the transferred land used as the basis for calculating the fee or charge.
	(5)	Regulations under this Act—
	(a)	may be of general application or limited application; and
	(b)	may make different provision according to the matters or circumstances to which they are expressed to apply; and
	(c)	may exempt, or empower the Registrar‑General to exempt, persons or classes of persons, or instruments or classes of instruments, from the application of this Act or provisions of this Act, absolutely or subject to conditions.
	(6)	The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act.
	(7)	A provision of a regulation made under subsection (6) may, if the regulation so provides, take effect from the commencement of the amendment or from a later day.
	(8)	To the extent to which a provision takes effect under subsection (7) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
	(a)	decreasing the person's rights; or
	(b)	imposing liabilities on the person.
	(9)	Without limiting the operation of subsections (6), (7) or (8), the regulations may, for transitional purposes—
	(a)	provide that this Act or specified provisions of this Act will not apply in relation to a particular person or thing, or a class of person or thing, until a specified day; or
	(b)	modify the application of this Act or provisions of this Act in relation to a particular person or thing, or a class of person or thing, until a specified day.

Schedule 1—Transitional provisions
1	(1)	Where—
	(a)	a plan of resubdivision has been deposited or accepted for filing in the Lands Titles Registration Office under a previous enactment relating to the division of land and certificates of title in respect of some or all of the allotments created by the plan have not been issued because a condition for issue has not been satisfied; and
	(b)	the Registrar-General has served notice in writing on the proprietor of the land (and on such other persons as is required by regulation) that he or she intends cancelling the plan, or that part of the plan to which the condition relates, at the expiration of the period (being at least two months) specified in the notice,
the Registrar-General may cancel the plan, or the relevant part of it, if the condition has not been satisfied at the expiration of that period.
	(2)	Where—
	(a)	a plan of resubdivision has been deposited or accepted for filing in the Lands Titles Registration Office under a previous enactment relating to the division of land and certificates of title have not been issued in respect of some or all of the allotments created by the plan because a condition for issue has not been satisfied or for any other reason; and
	(b)	the proprietor of the land to which the plan, or the relevant part of the plan, relates has applied to the Registrar-General for cancellation of the plan, or the relevant part of it; and
	(c)	the persons whose consents are required by regulation have consented to the application,
the Registrar-General may cancel the plan or the relevant part of it.
	(3)	Where a plan, or part of a plan, is cancelled under this clause, all plans of resubdivision, or parts of such plans, affecting the same land that have been deposited or accepted for filing in the Lands Titles Registration Office under a previous enactment since the division on which the currently issued certificate of title for the land is based will be taken to have been cancelled.
	(4)	Fees and contributions in relation to open space paid in respect of a plan, or part of a plan, of resubdivision cancelled by or under this clause are forfeited.
	(5)	In this clause—
plan of resubdivision means a plan of re-subdivision or a plan of subdivision as defined in the Planning and Development Act 1966 and includes a plan deposited or accepted for filing in the Lands Titles Registration Office before the commencement of that Act that satisfies the definition of either of those terms in that Act;
previous enactment means an Act in force before the commencement of the Real Property Act Amendment Act 1982.
2	(1)	Subject to this Schedule, the Registrar-General must deal with an application for the division of land made before the commencement of the Real Property (Miscellaneous) Amendment Act 1994 as though that amending Act had not come into operation.
	(2)	A certificate of approval issued under section 223LF or 223LG before the repeal of those sections by the Statutes Repeal and Amendment (Development) Act 1993 and a certificate issued by the Development Assessment Commission under section 51 of the Development Act 1993 before the commencement of the Real Property (Miscellaneous) Amendment Act 1994 will expire on the second anniversary of the commencement of that Act unless the Registrar-General extends the life of the certificate.
	(3)	The Registrar-General must not deposit a plan of division in the Lands Titles Registration Office pursuant to an application referred to in subclause (1) if a certificate referred to in subclause (2) on which the application depends has expired under that subclause.
	(4)	If the Registrar-General is unable to deposit a plan of division pursuant to an application referred to in subclause (1) because a certificate referred to in subclause (2) has expired, the Registrar-General must reject the application and all instruments and other documents that depend on the deposit of the plan of division pursuant to the application.
3	(1)	Subject to subclause (2), where an easement is appurtenant to land shown on a plan of division as a street, road, thoroughfare, reserve or other similar open space and the plan—
	(a)	was deposited in the Lands Titles Registration Office under Part 19AB before the commencement of the Real Property (Miscellaneous) Amendment Act 1994; or
	(b)	was deposited or accepted for filing in the Lands Titles Registration Office under a corresponding previous enactment; or
	(c)	is deposited after the commencement of the Real Property (Miscellaneous) Amendment Act 1994 but as though it had not come into operation (see clause 2(1)),
the easement ceases, or will be taken to have ceased, to be appurtenant to that land upon deposit of the plan in the Lands Titles Registration Office.
	(2)	Subclause (1) does not apply if it was a condition or requirement of the relevant planning authorisation or the intention at the time of deposit or acceptance for filing of the plan that the easement should remain appurtenant to the land.
4	(1)	Notwithstanding the repeal of the Planning and Development Act 1966, Part 6 of that Act, and the regulations relevant to that Part, continue to apply in relation to a plan of division that had been approved under that Act, or in respect of which an application had been made, before the commencement of the Real Property Act Amendment Act 1982.
	(2)	A plan of division referred to in subclause (1) cannot be deposited or accepted for filing by the Registrar-General if the development approval granted in relation to the plan has lapsed under section 26 of the Statutes Repeal and Amendment (Development) Act 1993.
	(3)	For the purposes of the continued application of Part 6 of the Planning and Development Act 1966, and the regulations relevant to that Part, under subclause (1), references to the Director will be construed as references to the Presiding Member of the Development Assessment Commission.
5	In this Schedule—
division includes subdivision and resubdivision.

Schedule 2—Application to bring land under the provisions of the Real Property Act 1886

Schedule 3—Caveat forbidding lands to be brought under the Real Property Act 1886

Schedule 5—A free and unrestricted right‑of‑way
(section 89)
A full and free right and liberty to and for the proprietor or proprietors for the time being taking or deriving title under or through this instrument, so long as he or they shall remain such proprietors, and to and for his and their tenants, servants, agents, workmen, and visitors, to pass and repass for all purposes, and either with or without horses or other animals, cart, or other carriages.

Schedule 6—Short forms of easements and their interpretation
(section 89A)

Short form | Long form
an easement for water supply purposes. | the right for him, his agents, servants and workmen at any time to break the surface of, dig, open up and use the land (described for that purpose in this instrument) for the purpose of laying down, fixing, taking up, repairing, re-laying or examining pipes and of using and maintaining those pipes for water supply purposes and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.
an easement for sewerage purposes. | the right for him, his agents, servants and workmen at any time to break the surface of, dig, open up and use the land (described for that purpose in this instrument) for the purpose of laying down, fixing, taking up, repairing, re-laying or examining pipes and of using and maintaining those pipes for sewerage purposes and to enter the land (if necessary with vehicles and equipment) for any of those purposes.
an easement for drainage purposes. | the right for him, his agents, servants and workmen at any time to break the surface of, dig, open up and use the land (described for that purpose in this instrument) for the purpose of laying down, fixing, taking up, repairing, re-laying or examining drains or drainage pipes and of using and maintaining those drains and drainage pipes for drainage purposes and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.
an easement for gas supply purposes. | the right for him, his agents, servants and workmen at any time to break the surface of, dig, open up and use the land (described for that purpose in this instrument) for the purpose of laying down, fixing, taking up, repairing, re-laying or examining pipes and of using and maintaining those pipes for the purpose of supplying gas, and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.

an easement for the transmission of electricity by overhead cable.

the right for him, his agents, servants and workmen at any time—
	(a)	to suspend cables across the land (described for that purpose in this instrument) and construct supports for those cables; and
	(b)	to inspect, alter, maintain, repair and replace those cables and supports; and
	(c)	to use the cables for the purpose of transmitting electricity; and
	(d)	to break the surface of, dig, open up and use the land for any of those purposes; and
	(e)	to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.

an easement for the transmission of electricity by underground cable.

the right for him, his agents, servants and workmen at any time—
	(a)	to lay under the surface of the land (described for that purpose in this instrument) ducts, pipes and cables; and
	(b)	to inspect, alter, maintain, repair and replace those ducts, pipes and cables; and
	(c)	to use the cables for the purpose of transmitting electricity; and
	(d)	to break the surface of, dig, open up and use the land for any of those purposes; and
	(e)	to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.

an easement for the transmission of television signals by underground cable.

the right for him, his agents, servants and workmen at any time—
	(a)	to lay under the surface of the land (described for that purpose in this instrument) ducts, pipes and cables; and
	(b)	to inspect, alter, maintain, repair and replace those ducts, pipes and cables; and
	(c)	to use the cables for the purpose of transmitting television signals; and
	(d)	to break the surface of, dig, open up and use the land for any of those purposes; and
	(e)	to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.

an easement for the transmission of telecommunication signals by underground cable.

the right personally or by servants or agents at any time—
	(a)	to lay under the surface of the land (described for that purpose in this instrument) ducts, pipes and cables; and
	(b)	to inspect, alter, maintain, repair and replace those ducts, pipes and cables; and
	(c)	to use the cables for the purposes of receiving and transmitting telecommunication signals; and
	(d)	to break the surface of, dig, open up and use the land for any of those purposes; and
	(e)	to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.

an easement for the transmission of telecommunication signals by overhead cable.

the right personally or by servants or agents at any time—
	(a)	to suspend cables across the land (described for that purpose in this instrument) and construct supports for those cables; and
	(b)	to inspect, alter, maintain, repair and replace those cables and supports; and
	(c)	to use the cables for the purposes of receiving and transmitting telecommunication signals; and
	(d)	to break the surface of, dig, open up and use the land for any of those purposes; and
	(e)	to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.

party wall rights. | the right to use the party wall (described for that purpose in this instrument) for the support of the walls, floors, ceilings, roofs or other parts of any building built or placed on the dominant land.
an easement for eaves and gutters. | the right for him, his agents, servants and workmen at any time to construct, inspect, alter, maintain, repair, replace and use eaves, gutters and downpipes over the land (described for that purpose in this instrument) and to enter the land (described for that purpose in this instrument) at any time for those purposes.

an easement for support.

the right personally or by servants or agents at any time—
	(a)	to erect an embankment, wall or other structure on the land (described for that purpose in this instrument) to support, or for the support of, the dominant land and any building or other structure erected on it; and
	(b)	to inspect, alter, maintain, repair and replace that embankment, wall or other structure; and
	(c)	to break the surface of, dig, open up and use the land for any of those purposes; and
	(d)	to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes.

an easement to park a vehicle. | the right personally and for his or her invitees, licensees, servants, agents or tenants to use the land (described for that purpose in this instrument) at any time for the purpose of parking a vehicle and to enter the land, with a vehicle, at any time for that purpose.
a right-of-way on foot. | the right personally and for his or her invitees, licensees, servants, agents or tenants to use the land (described for that purpose in this instrument) at any time to pass and repass on foot.

Schedule 16—Short forms of covenants and their interpretation

Short form. | | Covenant at length.
1. | The mortgagor or encumbrancer will insure: | The mortgagor or encumbrancer will insure, and during the continuance of this mortgage keep insured, against loss or damage by fire, in the name of the mortgagee or encumbrancee, in some public insurance office to be approved by the mortgagee or encumbrancee, to the amount of their full value, all buildings and erections which shall for the time being be erected on the mortgaged land, and shall be of a nature or kind capable of being so insured, and will when required by the mortgagee or encumbrancee deposit with him the policy of every such insurance, and within seven days after each premium shall become payable the receipt for such premium, and if default shall be made in the observance or performance of this covenant, it shall be lawful for the mortgagee or encumbrancee, without prejudice, nevertheless to and concurrently with the power granted him by this mortgage and by the Real Property Act 1886, so to insure such buildings and erections, and the costs of such insurance shall be a debt from the mortgagor or encumbrancer to the mortgagee or encumbrancee, and shall be added to the principal moneys hereby secured, and shall, during the continuance of this mortgage, be a charge upon the mortgaged land, and bear interest at the same rate as the said principal moneys, and all moneys which shall be received by virtue of any such insurance as aforesaid, shall, at the option of the mortgagee or encumbrancee, be laid out in making good the loss or damage in respect of which the same shall be received or be applied by the mortgagee or encumbrancee in or towards satisfaction of the moneys hereby secured.
2. | The lessee will insure: | The lessee will insure, and during the continuance of this lease keep insured, against loss or damage by fire, in the joint names of the lessor and the lessee, in some public insurance office to be approved by the lessor, to the amount of their full value, all buildings and erections which shall for the time being be erected on the land hereby leased, and shall be of a nature or kind capable of being so insured, and will, when required by the lessor, deposit with him the policy of every such insurance, and within seven days after each premium shall become due the receipt for such premium, and on any breach or non-observance of this covenant the lessor may, without prejudice to and concurrently with the other powers granted to him by the lease and the Real Property Act 1886, so insure such buildings and erections, and the costs of effecting such insurance shall be added to the rent hereby reserved, and shall be a charge upon the said leased land, and recoverable by action or distress in the same manner as the said rent is recoverable. All moneys which shall be received under or by virtue of any such insurance as aforesaid shall be laid out and expended in making good the loss or damage in respect of which the same shall be received.
3. | The lessee will paint outside every alternate year: | The lessee will, in every alternate year during the currency of this lease, paint all the outside woodwork and ironwork belonging to the premises hereby leased, with two coats of proper oil colours, in a workmanlike manner.
4. | The lessee will paint and paper inside every third year: | The lessee will, in every third year during the currency of this lease, paint the inside wood, iron, and other work belonging to the premises hereby leased, and now or usually painted, with two coats of proper oil colours, in a workmanlike manner, and also re-paper, with paper of the quality now used, such parts of the said premises as are now papered, and also wash, stop, whiten, or colour such parts of the said premises as are now washed, stopped, whitened, or coloured respectively.
5. | The lessee will fence: | The lessee will, during the continuance of this lease, erect and put up a good and substantial fence on the boundaries of the said leased land upon which no substantial fence now exists.
6. | The lessee will cultivate: | The lessee will, during the continuance of this lease, cultivate, use, and manage all such parts of the land hereby leased as are or shall be broken up or converted into tillage in a proper and husbandmanlike manner, and will not impoverish or waste the same.
7. | The lessee will not use the premises as a shop: | The lessee will not convert, use, or occupy the premises hereby leased, or any part thereof, into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or permit or suffer the said premises, or any part thereof, to be used for any such purposes or otherwise than as a private dwelling-house, without the consent in writing of the lessor.
8. | The lessee will not carry on offensive trades: | The lessee will not during the continuance of this lease use, exercise, or carry on, or permit or suffer to be used, exercised, or carried on, upon the premises hereby leased, or any part thereof, any noxious, noisome, or offensive art, trade, business, occupation, or calling, or do, permit, or suffer any act, matter, or thing whatsoever upon the said premises, or any part thereof, which shall or may be or grow to the annoyance, nuisance, grievance, damage, or disturbance of the occupiers or owners of the adjoining lands and hereditaments of any of them.
9. | The lessee will not without leave assign or sublet: | The lessee will not assign, transfer, demise, sublet, or set over, or otherwise by any act or deed procure the leased land, or any part thereof, to be assigned, transferred, demised, sublet, or set over unto any person whomsoever, without the consent in writing of the lessor first had and obtained.
10. | The lessee will not cut timber: | The lessee will not cut down, fell, injure, or destroy any growing or living timber or timber-like trees standing or being upon the leased land, without the consent in writing of the lessor.
11. | The lessee will carry on the business of a publican, and conduct the same in an orderly manner; will apply for renewal for licence, and will facilitate transfer of licence: | The lessee will at all times, during the continuance of this lease, use, exercise and carry on in and upon the leased premises the trade or business of a licensed victualler or publican, and retailer of spirits, wines, ales, beer, and porter, and keep open and use the messuage, tenement, or inn, and buildings upon the leased land as and for an inn, or public-house for the reception, accommodation, and entertainment of travellers, guests, and other persons resorting thereto or frequenting the same, and manage and conduct such trade or business in a quiet and orderly manner, and will not do, or commit, or permit, or suffer to be done or committed, any act, matter, or thing whatsoever whereby or by means whereof any licence shall or may be forfeited or become void or liable to be taken away, suppressed, or suspended in any manner howsoever; and also will from time to time during the continuance of this lease, at the proper times for that purpose, apply for and endeavour to obtain, at his own expense, all such licences as are or may be necessary for carrying on the said trade or business of a licensed victualler or publican in and upon the said leased premises and keeping the said messuage, tenement, or inn open as and for an inn or public-house as aforesaid; and also will at, or if necessary before, the expiration or other sooner determination of this lease, sign and give such notice or notices for renewal or transfer of any licence as may be requisite or as may be desired by the lessor, and allow such notice or notices for renewal or transfer of any licence as may be required by law to be affixed to the said messuage, tenement, or inn, to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf, and generally will do all such further acts, matters, and things as shall be necessary to enable the lessor, or any person authorised by him, to obtain the renewal of any licence, or any new licence, or the transfer of any licence then existing and in force.

Schedule 17—Short form of exception of mines and minerals and its interpretation
(Section 266)
Except and always reserved to                      his heirs, executors, administrators, and assigns, all coals, seams of coal, mines, minerals, and quarries of stone and slate which now are, or at any time hereafter may be found in, upon, or under the said land and premises, with full liberty of ingress, egress, and regress, at all times, to and for the said                      his heirs, executors, administrators, and assigns, and his or their agents, servants, and workmen, and all others to be by him or them authorised, at all times, with or without horses and other cattle, carts, or other carriages, laden or unladen, engines, machinery, and all necessary implements and things, into, upon, and from the said lands and premises, and every or any part thereof, and full right there to view, survey, dig for, work, store, carry away, sell and dispose of the said coals, mines, minerals, and quarries of stone and slate; and also for the purposes aforesaid, to erect steam‑engines and other machinery, with the buildings necessary thereto, and to sink pits, make waggon-ways, and use all other inventions and means for draining, sinking, storing, leading, carrying away, selling and disposing of such coals, mines, minerals, stone, and slate, doing or suffering to be done as little damage as possible in the exercise of the said liberties and rights, and paying and allowing to                      his heirs, executors, administrators, and assigns, a reasonable compensation for damage to the surface of the said land, or any buildings or fences thereon.

Schedule 22—Summons by Registrar-General

Legislative history
Notes
	•	This version is comprised of the following:
Part 1 | 3.10.2019
Part 2 | 4.7.2016
Part 3 | 8.12.2016
Part 4 | 4.7.2016
Part 5 | 3.10.2019
Part 6 | 1.5.2020
Part 7 | 4.7.2016
Part 7A | 4.7.2016
Part 8 | 19.3.2021
Part 9 | 4.7.2016
Part 10 | 1.5.2020
Part 11 | 4.7.2016
Part 12 | 22.6.2023
Part 13 | 9.9.2021
Part 13A | 19.3.2021
Part 14 | 3.10.2019
Part 15 | 4.7.2016
Part 16 | 4.7.2016
Part 17 | 4.7.2016
Part 18 | 8.12.2016
Part 19 | 4.7.2016
Part 19A | 4.7.2016
Part 19AB | 19.3.2021
Part 20 | 8.12.2016
Part 20A | 4.7.2016
Part 21 | 22.6.2023
Schedules | 4.7.2016
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
Year | No | Title | Assent | Commencement
1886 | 380 | The Real Property Act 1886 | 17.11.1886 | 1.1.1887: s 9
1887 | 403 | The Real Property Act Amendment Act 1887 | 16.11.1887 | 16.11.1887
1893 | 569 | The Real Property Act Amendment Act 1893 | 23.12.1893 | 23.12.1893
1896 | 657 | The Licensed Surveyors Act 1896 | 19.12.1896 | 19.12.1896
1919 | 1415 | Real Property Act Amendment Act 1919 | 4.12.1919 | 4.12.1919
1927 | 1806 | Real Property Act Amendment Act 1927 | 30.11.1927 | 30.11.1927
1929 | 1945 | Town Planning Act 1929 | 15.1.1930 | 15.1.1930 (Gazette 16.1.1930 p69)
1935 | 2246 | Statute Law Revision Act 1935 | 19.12.1935 | 19.12.1935
1936 | 2293 | Statute Law Revision Act 1936 | 8.10.1936 | 8.10.1936
1939 | 36 | Real Property Act Amendment Act 1939 | 14.12.1939 | 1.2.1940 (Gazette 11.1.1940 p33 republished Gazette 18.1.1940 p70)
1945 | 39 | Real Property Act Amendment Act 1945 | 17.1.1946 | 17.1.1946
1960 | 44 | Real Property Act Amendment Act 1960 | 10.11.1960 | 10.11.1960
1961 | 37 | Real Property Act Amendment Act 1961 | 9.11.1961 | 9.11.1961
1963 | 46 | Real Property Act Amendment Act 1963 | 28.11.1963 | 28.11.1963
1967 | 37 | Real Property Act Amendment (Strata Titles) Act 1967 | 14.9.1967 | 22.2.1968 (Gazette 22.2.1968 p515)
1969 | 30 | Real Property Act Amendment Act 1969 | 2.10.1969 | 29.1.1970 (Gazette 24.12.1969 p2098)
1972 | 116 | Real Property Act Amendment Act 1972 | 23.11.1972 | 15.1.1973 (Gazette 21.12.1972 p2722) except ss 8 and 12—24.6.1974 (Gazette 30.5.1974 p2096)
1972 | 130 | Real Property Act Amendment Act (No. 2) 1972 | 30.11.1972 | 7.12.1972 (Gazette 7.12.1972 p2538)
1974 | 42 | Statute Law Revision Act 1974 | 11.4.1974 | 11.4.1974
1975 | 12 | Real Property Act Amendment Act 1975 | 20.3.1975 | 24.4.1975 (Gazette 24.4.1975 p1626)
1978 | 116 | Real Property Act Amendment Act 1978 | 7.12.1978 | 7.12.1978
1979 | 51 | Real Property Act Amendment Act 1979 | 22.3.1979 | 3.5.1979 (Gazette 3.5.1979 p1310)
1980 | 32 | Statutes Amendment (Property) Act 1980 | 17.4.1980 | 22.5.1980 (Gazette 22.5.1980 p1373)
1980 | 68 | Real Property Act Amendment Act 1980 | 13.11.1980 | 13.11.1980
1982 | 23 | Real Property Act Amendment Act 1982 | 18.3.1982 | 4.11.1982 (Gazette 4.11.1982 p1567)
1982 | 62 | Statutes Amendment (Planning) Act 1982 | 1.7.1982 | 4.11.1982 (Gazette 4.11.1982 p1304)
1983 | 56 | Real Property Act Amendment Act 1983 | 16.6.1983 | 1.7.1983 (Gazette 30.6.1983 p1760) except ss 3—10, 13—15—26.4.1984 (Gazette 15.3.1984 p642)
1983 | 96 | Real Property Act Amendment Act (No. 2) 1983 | 15.12.1983 | 4.11.1982: s 2
1985 | 20 | Real Property Act Amendment Act 1985 | 14.3.1985 | 18.11.1985 (Gazette 17.10.1985 p1126)
1985 | 51 | Real Property Act Amendment Act (No. 2) 1985 | 30.5.1985 | 12.9.1985 (Gazette 8.8.1985 p334)
1987 | 20 | Real Property Act Amendment Act 1987 | 16.4.1987 | 16.4.1987
1987 | 69 | Real Property Act Amendment Act (No. 2) 1987 | 29.10.1987 | 1.8.1988 (Gazette 7.7.1988 p197)
1988 | 13 | Strata Titles Act 1988 | 7.4.1988 | 1.9.1988 (Gazette 21.7.1988 p420)
1990 | 9 | Real Property Act Amendment Act 1990 | 12.4.1990 | 21.5.1990 (Gazette 17.5.1990 p1358)
1990 | 32 | Real Property Act Amendment Act (No. 2) 1990 | 26.4.1990 | 2.8.1990 (Gazette 2.8.1990 p480)
1992 | 13 | Real Property (Survey Act) Amendment Act 1992 | 16.4.1992 | 18.2.1993 (Gazette 18.2.1993 p600)
1992 | 23 | Real Property (Transfer of Allotments) Amendment Act 1992 | 14.5.1992 | 21.5.1992 (Gazette 21.5.1992 p1468)
1992 | 26 | Statutes Amendment (Attorney-General's Portfolio) Act 1992 | 14.5.1992 | 6.7.1992 (Gazette 2.7.1992 p209)
1993 | 54 | Statutes Repeal and Amendment (Development) Act 1993 | 27.5.1993 | 15.1.1994 (Gazette 27.10.1993 p1889)
1994 | 11 | Real Property (Miscellaneous) Amendment Act 1994 | 5.5.1994 | 8.9.1994 (Gazette 8.9.1994 p728) except ss 12 & 13 and Sch 1 (cll 2—4) (as inserted by s 16)—1.9.1995 (Gazette 31.8.1995 p552)
1994 | 54 | Real Property (Variation and Extinguishment of Easements) Amendment Act 1994 | 15.9.1994 | 15.9.1994 (Gazette 15.9.1994 p780)
1994 | 59 | Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994 | 27.10.1994 | 1.1.1995 (Gazette 8.12.1994 p1942)
1995 | 11 | Real Property (Witnessing and Land Grants) Amendment Act 1995 | 23.3.1995 | 1.7.1995 (Gazette 15.6.1995 p2841)
1996 | 38 | Statutes Amendment (Community Titles) Act 1996 | 9.5.1996 | ss 24—30—4.11.1996 (Gazette 31.10.1996 p1460)
1999 | (159) | Electricity Corporations (Restructuring and Disposal) Regulations 1999 (Gazette 29.7.1999 p626) | — | 29.7.1999: r 2
1999 | 64 | Local Government (Implementation) Act 1999 | 18.11.1999 | s 8—1.1.2000 (Gazette 9.12.1999 p3113)
2000 | 50 | Forest Property Act 2000 | 20.7.2000 | 1.11.2001 (Gazette 27.9.2001 p4295)
2000 | 57 | Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000 | 20.7.2000 | Pt 14 (s 29)—23.10.2000 (Gazette 19.10.2000 p2690)
2001 | 22 | Real Property (Fees) Amendment Act 2001 | 14.6.2001 | 1.1.1975: s 2
2002 | 33 | Statutes Amendment (Attorney-General's Portfolio) Act 2002 | 28.11.2002 | Pt 9 ss 15 & 16—28.1.2000: s 2(2); ss 13, 14 & 17—3.3.2003 (Gazette 27.2.2003 p807)
2003 | 44 | Statute Law Revision Act 2003 | 23.10.2003 | Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
2005 | 56 | Justices of the Peace Act 2005 | 17.11.2005 | Sch 2 (cl 44)—1.7.2006 (Gazette 22.6.2006 p2012)
2006 | 17 | Statutes Amendment (New Rules of Civil Procedure) Act 2006 | 6.7.2006 | Pt 64 (ss 194—203)—4.9.2006 (Gazette 17.8.2006 p2831)
2008 | 12 | Statutes Amendment (Real Property) Act 2008 | 8.5.2008 | Pt 4 (ss 33—71)—1.6.2009 (Gazette 28.5.2009 p1843)
2009 | 84 | Statutes Amendment (Public Sector Consequential Amendments) Act 2009 | 10.12.2009 | Pt 129 (ss 292—297)—1.2.2010 (Gazette 28.1.2010 p320)
2012 | 9 | Water Industry Act 2012 | 19.4.2012 | Sch 2 (cll 15 & 16)—1.1.2013 (Gazette 21.6.2012 p2837)
2012 | 35 | Real Property (Access to Information) Amendment Act 2012 | 27.9.2012 | 27.9.2012
2013 | 81 | Aboriginal Lands Trust Act 2013 | 5.12.2013 | Sch 1 (cl 5)—1.7.2014 (Gazette 6.2.2014 p546)
2015 | 4 | Real Property (Priority Notices and Other Measures) Amendment Act 2015 | 2.4.2015 | 27.4.2015 (Gazette 16.4.2015 p1534)
2016 | 29 | Real Property (Electronic Conveyancing) Amendment Act 2016 | 16.6.2016 | Pt 2 (ss 4—90) & Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)
2016 | 57 | Statutes Amendment (Budget 2016) Act 2016 | 8.12.2016 | Pt 10 (ss 86—90)—8.12.2016: s 2(1)
2017 | 5 | Statutes Amendment (Planning, Development and Infrastructure) Act 2017 | 28.2.2017 | Pt 23 (ss 67 to 70)—19.3.2021 (Gazette 4.3.2021 p823)
2017 | 41 | Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017 | 24.10.2017 | Pt 7 (s 13)—24.10.2017
2018 | 35 | Statutes Amendment and Repeal (Budget Measures) Act 2018 | 22.11.2018 | Pt 15 (s 131)—31.1.2019 (Gazette 31.1.2019 p371)
2019 | 25 | Statutes Amendment and Repeal (Simplify) Act 2019 | 3.10.2019 | Pt 41 (ss 83 to 85)—3.10.2019: s 2(1)
2019 | 46 | Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 | 19.12.2019 | Pt 13 (ss 30 & 31)—1.5.2020 (Gazette 30.4.2020 p838)
2021 | 25 | Statutes Amendment (COVID-19 Permanent Measures) Act 2021 | 17.6.2021 | Pt 9 (ss 17 & 18)—9.9.2021 (Gazette 18.8.2021 p3099)
2023 | 4 | Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023 | 23.2.2023 | Pt 15 (ss 31 & 32)—22.6.2023 (Gazette 15.6.2023 p1774)
2023 | 41 | Residential Tenancies (Miscellaneous) Amendment Act 2023 | 7.12.2023 | Sch 1 (cl 1)—amendment deleted by 64/2025 before coming into operation
2025 | 29 | Biodiversity Act 2025 | 26.6.2025 | Sch 5 (cll 89 & 90)—uncommenced
2025 | 64 | Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025 | 27.11.2025 | Pt 7 (s 84) deletion of Sch 1 (Pt 1) of 41/2023—27.11.2025; Pt 6 (ss 57 to 83)—uncommenced
Provisions amended since 3 February 1976
	•	Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 9 of The Public General Acts of South Australia 1837-1975 at page 190.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement
Pt 1 | heading inserted by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 2 | amended by 23/1982 s 3 | 4.11.1982
| deleted by 13/1988 Sch 1 | 1.9.1988
Pt 1 | heading deleted by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 3 | |
s 3(1) | s 3 sentence commencing "In the construction" designated as s 3(1) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| amended by 29/2016 s 4(1) | 4.7.2016
allotment | inserted by 12/2008 s 33 | 1.6.2009
appropriate form | inserted by 51/1979 s 3(a) | 3.5.1979
| substituted by 9/1990 s 3 | 21.5.1990
| amended by 25/2019 s 83 | 3.10.2019
the Assurance Fund | substituted by 56/1983 s 3 | 26.4.1984
caveatee | amended by 29/2016 s 4(2) | 4.7.2016
caveator | amended by 29/2016 s 4(2) | 4.7.2016
certificate | amended by 11/1995 s 3 | 1.7.1995
| amended by 29/2016 s 4(2), (3) | 4.7.2016
client authorisation | inserted by 29/2016 s 4(4) | 4.7.2016
Chief Secretary | deleted by 33/2002 s 13(a) | 3.3.2003
Court | substituted by 51/1979 s 3(b) | 3.5.1979
| amended by 33/2002 s 13(b) | 3.3.2003
| amended by 17/2006 s 194 | 4.9.2006
| amended by 4/2015 s 4(1) | 27.4.2015
dealing | deleted by 29/2016 s 4(5) | 4.7.2016
document | inserted by 29/2016 s 4(5) | 4.7.2016
document of title | substituted by 29/2016 s 4(5) | 4.7.2016
dominant land | amended by 29/2016 s 4(2) | 4.7.2016
easement | inserted by 50/2000 Sch | 1.11.2001
encumbrancee | amended by 29/2016 s 4(2) | 4.7.2016
encumbrancer | amended by 29/2016 s 4(2) | 4.7.2016
execution | inserted by 29/2016 s 4(6) | 4.7.2016
instrument | substituted by 29/2016 s 4(6) | 4.7.2016
instrument of title | substituted by 29/2016 s 4(6) | 4.7.2016
land | amended by 29/2016 s 4(7) | 4.7.2016
law practice | inserted by 29/2016 s 4(8) | 4.7.2016
legal practitioner | inserted by 4/2015 s 4(2) | 27.4.2015
lessee | amended by 29/2016 s 4(2) | 4.7.2016
lessor | amended by 29/2016 s 4(2) | 4.7.2016
lunatic | deleted 11/1994 s 3(a) | 8.9.1994
mentally incapacitated person | inserted by 11/1994 s 3(a) | 8.9.1994
mortgagee | amended by 29/2016 s 4(2) | 4.7.2016
mortgagor | amended by 29/2016 s 4(2) | 4.7.2016
participation rules | inserted by 4/2015 s 4(3) | 27.4.2015
person of unsound mind | deleted by 11/1994 s 3(b) | 8.9.1994
proprietor | amended by 29/2016 s 4(2) | 4.7.2016
registered conveyancer | inserted by 4/2015 s 4(4) | 27.4.2015
registered proprietor | substituted by 29/2016 s 4(9) | 4.7.2016
servient land | amended by 29/2016 s 4(2) | 4.7.2016
sign | inserted by 29/2016 s 4(10) | 4.7.2016
statutory assignment | amended by 29/2016 s 4(2), (11) | 4.7.2016
the Real Property Acts | amended by 29/2016 s 4(2) | 4.7.2016
transmission | amended by 29/2016 s 4(2) | 4.7.2016
Tribunal | inserted by 4/2015 s 4(5) | 27.4.2015
verification of authority guidelines | inserted by 29/2016 s 4(12) | 4.7.2016
verification of identity requirements | inserted by 4/2015 s 4(5) | 27.4.2015
s 3(2) | s 3 sentence commencing "The description" designated as s 3(2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 3(3) | inserted by 29/2016 s 4(13) | 4.7.2016
s 6 | substituted by 81/2013 Sch 1 cl 5 | 1.7.2014
| substituted by 41/2017 s 13 | 24.10.2017
s 6A | inserted by 41/2017 s 13 | 24.10.2017
s 9 | deleted by 44/2003 s 3(1) (Sch 1) | 24.11.2003
Pt 2 | |
s 10 | amended by 13/1988 Sch 1 | 1.9.1988
Pt 3 | |
s13 | substituted by 51/1979 s 4 | 3.5.1979
s 13(1) | amended by 57/2016 s 86(1) | 8.12.2016
s 13(2) | amended by 57/2016 s 86(2) | 8.12.2016
s 13(3) | amended by 57/2016 s 86(3) | 8.12.2016
s 13(4) | substituted by 57/2016 s 86(4) | 8.12.2016
s 13(5) | substituted by 84/2009 s 292 | 1.2.2010
| substituted by 57/2016 s 86(4) | 8.12.2016
s 14 before deletion by 29/2016 | substituted by 51/1979 s 4 | 3.5.1979
s 14(1) | amended by 84/2009 s 293 | 1.2.2010
s 14 | deleted by 29/2016 s 5 | 4.7.2016
s 15 before deletion by 29/2016 | substituted by 51/1979 s 4 | 3.5.1979
s 15(1) | substituted by 84/2009 s 294 | 1.2.2010
s 15 | deleted by 29/2016 s 5 | 4.7.2016
s 16 | substituted by 51/1979 s 4 | 3.5.1979
s 17 | deleted by 51/1979 s 4 | 3.5.1979
s 17 | inserted by 57/2016 s 87 | 8.12.2016
s 18 | deleted by 51/1979 s 4 | 3.5.1979
s 18A | deleted by 57/2016 s 87 | 8.12.2016
s 19 | amended by 12/2008 s 34 | 1.6.2009
s 21 | amended by 9/1990 s 4 | 21.5.1990
| amended by 29/2016 s 6(1)—(4) | 4.7.2016
| amended by 57/2016 s 88 | 8.12.2016
s 23A | |
s 23A(1) | amended by 51/1979 s 5(a) | 3.5.1979
| amended by 20/1987 s 2 | 16.4.1987
s 23A(1a) | inserted by 51/1979 s 5(b) | 3.5.1979
| amended by 20/1987 s 2 | 16.4.1987
s 24 | amended by 17/2006 s 195 | 4.9.2006
Pt 4 | |
s 25 | s 25 I and II redesignated as s 25(a) and (b) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 27 | amended by 11/1994 s 4 | 8.9.1994
| amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 29 | amended by 9/1990 s 5 | 21.5.1990
s 31 | amended by 84/2009 s 295 | 1.2.2010
s 32 | amended and designated as subsections (1) and (2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 33 | amended by 11/1994 s 5 | 8.9.1994
s 35 | amended by 51/1979 s 6 | 3.5.1979
s 36 | amended by 51/1979 s 7 | 3.5.1979
s 39 | amended by 29/2016 s 7 | 4.7.2016
s 44 | amended by 29/2016 s 8 | 4.7.2016
s 45 | amended by 17/2006 s 196 | 4.9.2006
| amended by 29/2016 s 9(1), (2) | 4.7.2016
Pt 5 | heading substituted by 9/1990 s 6 | 21.5.1990
Pt 5 Div 1 | heading inserted by 9/1990 s 6 | 21.5.1990
s 47 | substituted by 9/1990 s 7 | 21.5.1990
s 48 | deleted by 29/2016 Sch 2 | 4.7.2016
s 49 | amended by 29/2016 s 10, Sch 2 | 4.7.2016
s 50 | deleted by 9/1990 s 8 | 21.5.1990
s 51 | amended by 9/1990 s 9 | 21.5.1990
s 51A | inserted by 9/1990 s 10 | 21.5.1990
s 51A(1) and (2) | amended by 29/2016 Sch 2 | 4.7.2016
Pt 5 Div 2 | inserted by 9/1990 s 11 | 21.5.1990
s 51B | amended by 29/2016 s 11, Sch 2 | 4.7.2016
| (c), (d) and (f) deleted by 29/2016 Sch 2 | 4.7.2016
s 51C | substituted by 29/2016 s 12 | 4.7.2016
Pt 5 Div 2A | inserted by 13/1992 s 3 | 18.2.1983
s 51F | deleted by 64/1999 s 8(a) | 1.1.2000
Pt 5 Div 3 | heading inserted by 9/1990 s 12 | 21.5.1990
s 52 | substituted by 9/1990 s 13 | 21.5.1990
| substituted by 29/2016 s 13 | 4.7.2016
s 53 | substituted by 9/1990 s 14 | 21.5.1990
| amended by 29/2016 s 14(1), (2) | 4.7.2016
s 54 before substitution by 29/2016 | |
s 54(1) | substituted by 51/1979 s 8 | 3.5.1979
| amended by 9/1990 s 15 | 21.5.1990
s 54 | substituted by 29/2016 s 15 | 4.7.2016
s 54(1) | amended by 25/2019 s 84 | 3.10.2019
s 54A | inserted by 51/1979 s 9 | 3.5.1979
| deleted by 9/1990 s 16 | 21.5.1990
s 55 | substituted by 29/2016 s 15 | 4.7.2016
s 56 before substitution by 29/2016 | |
s 56(1) | s 56 redesignated as s 56(1) by 20/1985 s 3 | 18.11.1985
| amended by 12/2008 s 35(1) | 1.6.2009
s 56(1a) | inserted by 12/2008 s 35(2) | 1.6.2009
s 56(1b) | inserted by 4/2015 s 5 | 27.4.2015
s 56(2) and (3) | inserted by 20/1985 s 3 | 18.11.1985
s 56(4) | inserted by 20/1985 s 3 | 18.11.1985
| (a) deleted by 12/2008 s 35(3) | 1.6.2009
s 56 | substituted by 29/2016 s 16 | 4.7.2016
s 56A | inserted by 9/1990 s 17 | 21.5.1990
s 57 | |
s 57(1) | s 57 amended and redesignated as s 57(1) by 4/2015 s 6(1)—(3) | 27.4.2015
s 57(2) | inserted by 4/2015 s 6(3) | 27.4.2015
s 57(3) | inserted by 4/2015 s 6(3) | 27.4.2015
| amended by 29/2016 s 17 | 4.7.2016
s 58 | amended by 12/2008 s 36 | 1.6.2009
| deleted by 29/2016 s 18 | 4.7.2016
s 59 | |
s 59(1) | s 59 amended and redesignated as s 59(1) by 29/2016 s 19(1)—(4) | 4.7.2016
s 59(2) | inserted by 29/2016 s 19(4) | 4.7.2016
ss 60—63 | deleted by 29/2016 Sch 2 | 4.7.2016
s 64 | amended by 29/2016 s 20(1), (2), Sch 2 | 4.7.2016
s 65 | substituted by 35/2012 s 3 | 27.9.2012
s 65(1a) | inserted by 29/2016 s 21 | 4.7.2016
s 66 | substituted by 9/1990 s 18 | 21.5.1990
| deleted by 29/2016 Sch 2 | 4.7.2016
s 66A | inserted by 11/1995 s 4 | 1.7.1995
Pt 6 | |
s 67 | amended by 29/2016 s 22 | 4.7.2016
s 68 | deleted by 29/2016 s 23 | 4.7.2016
s 69 | s 69 I—IX redesignated as s 69(a)—(i) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| amended by 29/2016 s 24(1)—(7), Sch 2 | 4.7.2016
| (g) deleted by 46/2019 s 30 | 1.5.2020
s 71 | amended by 51/1979 s 10 | 3.5.1979
| amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| amended by 29/2016 s 25 | 4.7.2016
Pt 7 | |
s 73 | substituted by 51/1979 s 11 | 3.5.1979
| deleted by 29/2016 Sch 2 | 4.7.2016
s 74 | amended by 9/1990 s 19 | 21.5.1990
| amended by 29/2016 Sch 2 | 4.7.2016
s 75 | amended by 29/2016 Sch 2 | 4.7.2016
s 78 | amended by 29/2016 Sch 2 | 4.7.2016
s 78A | inserted by 12/2008 s 37 | 1.6.2009
s 79 before deletion by 29/2016 | |
s 79(2) | deleted by 51/1979 s 12(a) | 3.5.1979
s 79(3) | deleted by 9/1990 s 20 | 21.5.1990
s 79(6) | amended by 51/1979 s 12(b) | 3.5.1979
s 79(8) | inserted by 51/1979 s 12(c) | 3.5.1979
s 79 | deleted by 29/2016 Sch 2 | 4.7.2016
s 80 | substituted by 9/1990 s 21 | 21.5.1990
| deleted by 29/2016 Sch 2 | 4.7.2016
Pt 7A | |
s 80B | substituted by 29/2016 s 27 | 4.7.2016
s 80C | |
s 80C(1) | amended by 84/2009 s 296 | 1.2.2010
s 80E | |
s 80E(1) | amended by 29/2016 s 28(1), (2) | 4.7.2016
s 80F | |
s 80F(6) | amended by 17/2006 s 197 | 4.9.2006
s 80H | |
s 80H(1) | amended by 12/2008 s 38 | 1.6.2009
| amended by 29/2016 s 29 | 4.7.2016
s 80H(2) | amended by 29/2016 s 29 | 4.7.2016
Pt 8 | |
s 82 | amended by 9/1990 s 22 | 21.5.1990
ss 84 and 85 | amended by 29/2016 Sch 2 | 4.7.2016
s 88 | amended by 51/1985 s 3 | 12.9.1985
| amended by 29/2016 s 30(1), (2), Sch 2 | 4.7.2016
s 89 | amended by 11/1994 s 6 | 8.9.1994
s 89A | inserted by 51/1985 s 4 | 12.9.1985
s 90 | |
s 90(1) | s 90 redesignated as s 90(1) by 51/1985 s 5 | 12.9.1985
s 90(2) | inserted by 51/1985 s 5 | 12.9.1985
s 90A | inserted by 32/1980 s 8 | 22.5.1980
| substituted by 11/1994 s 7 | 8.9.1994
| substituted by 12/2008 s 39 | 1.6.2009
s 90A(1) | amended by 29/2016 s 31 | 4.7.2016
s 90B | inserted by 11/1994 s 7 | 8.9.1994
s 90B(2) | amended by 12/2008 s 40(1), (2) | 1.6.2009
s 90B(3) | substituted by 54/1994 s 3(a) | 15.9.1994
s 90B(3a)—(3e) | inserted by 54/1994 s 3(a) | 15.9.1994
s 90B(5) | deleted by 54/1994 s 3(b) | 15.9.1994
s 90B(9) | amended by 5/2017 s 67 | 19.3.2021
ss 90C—90E | inserted by 11/1994 s 7 | 8.9.1994
s 90F | inserted by 12/2008 s 41 | 1.6.2009
Pt 9 | |
s 90G | inserted by 4/2015 s 7 | 27.4.2015
s 93 | amended by 32/1980 s 9 | 22.5.1980
| substituted by 9/1990 s 23 | 21.5.1990
s 93(1) | amended by 4/2015 s 8(1), (2) | 27.4.2015
| substituted by 29/2016 Sch 2 | 4.7.2016
s 93(3) | amended by 4/2015 s 8(3) | 27.4.2015
s 93(3a)—(3c) | inserted by 4/2015 s 8(4) | 27.4.2015
s 93(4) | inserted by 35/2012 s 4 | 27.9.2012
| amended by 4/2015 s 8(5) | 27.4.2015
| amended by 29/2016 s 32 | 4.7.2016
s 93(5)—(8) | inserted by 35/2012 s 4 | 27.9.2012
s 94 | substituted by 9/1990 s 23 | 21.5.1990
| amended by 4/2015 s 9 | 27.4.2015
s 95 | substituted by 4/2015 s 10 | 27.4.2015
ss 95A and 95B | inserted by 4/2015 s 10 | 27.4.2015
Pt 10 | |
s 96 | amended by 51/1979 s 13 | 3.5.1979
| substituted by 29/2016 s 33 | 4.7.2016
s 96AA | inserted by 12/2008 s 42 | 1.6.2009
s 96A | amended by 11/1994 s 8 | 8.9.1994
| deleted by 29/2016 s 34 | 4.7.2016
s 97 | amended by 29/2016 s 35 | 4.7.2016
ss 98 and 99 | deleted by 29/2016 s 36 | 4.7.2016
s 100 | amended by 11/1994 s 9 | 8.9.1994
| deleted by 29/2016 s 36 | 4.7.2016
s 101 | deleted by 23/1982 s 4 | 4.11.1982
s 103 | amended by 29/2016 Sch 2 | 4.7.2016
s 105 | amended by 51/1979 s 14 | 3.5.1979
| amended by 29/2016 Sch 2 | 4.7.2016
s 107 | amended by 51/1979 s 15 | 3.5.1979
| amended by 29/2016 s 37, Sch 2 | 4.7.2016
s 108 | deleted by 29/2016 Sch 2 | 4.7.2016
s 111 | amended by 9/1990 s 24 | 21.5.1990
| amended by 46/2019 s 31 | 1.5.2020
s 112 | amended by 9/1990 s 25 | 21.5.1990
| amended by 11/1995 s 5 | 1.7.1995
| deleted by 29/2015 s 38 | 4.7.2016
ss 113—115 | deleted by 29/2015 s 38 | 4.7.2016
s 116 | amended by 29/2015 s 39 | 4.7.2016
s 115A | substituted by 12/2008 s 43 | 1.6.2009
Pt 11 | |
s 116 | amended by 51/1979 s 16 | 3.5.1979
s 119 | amended by 29/2015 s 40(1), (2) | 4.7.2016
s 119A | inserted by 69/1987 s 3 | 1.8.1988
s 120 | substituted by 51/1979 s 17 | 3.5.1979
s 120(1) | amended by 29/2015 s 41 | 4.7.2016
s 120(2) | substituted by 12/2008 s 44 | 1.6.2009
| amended by 29/2016 Sch 2 | 4.7.2016
s 121 | amended by 12/2008 s 45 | 1.6.2009
| substituted by 29/2016 s 42 | 4.7.2016
s 122 | amended by 51/1979 s 18 | 3.5.1979
s 124 | s 124(1) and (2) redesignated as s 124(a) and (b) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 125 | s 125(1)—(3) redesignated as s 125(a)—(c) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 126 | amended by 12/2008 s 46 | 1.6.2009
Pt 12 | |
s 128 | amended by 51/1979 s 19 | 3.5.1979
| substituted by 29/2016 s 43 | 4.7.2016
s 128(5) | amended by 25/2021 s 17(1) | 9.9.2021
s 128(9) | inserted by 25/2021 s 17(2) | 9.9.2021
ss 128A and 128B | inserted by 29/2016 s 43 | 4.7.2016
s 129 | |
s 129(1) | amended by 29/2016 s 44(1)—(3) | 4.7.2016
s 129(2) | amended by 51/1979 s 20 | 3.5.1979
s 129A | inserted by 20/1985 s 4 | 18.11.1985
s 129A(1) | amended by 12/2008 s 47(1) | 1.6.2009
| amended by 29/2016 s 45(1) | 4.7.2016
s 129A(2) | amended by 12/2008 s 47(2) | 1.6.2009
| amended by 29/2016 s 45(2) | 4.7.2016
s 129A(3) | substituted by 12/2008 s 47(3) | 1.6.2009
s 129A(4) | amended by 12/2008 s 47(4) | 1.6.2009
s 136 | substituted by 68/1980 s 2 | 13.11.1980
s 140 | |
s 140(1) | s 140 first sentence designated as s 140(1) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 140(2) | s 140 second sentence designated as s 140(2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 141 | amended by 11/1994 s 10 | 8.9.1994
s 143 | amended by 51/1979 s 21 | 3.5.1979
| substituted by 9/1990 s 26 | 21.5.1990
s 143(1) | amended by 29/2016 s 46(1), (2) | 4.7.2016
s 143(2) | amended by 29/2016 s 46(2) | 4.7.2016
s 143(3) | substituted by 12/2008 s 48 | 1.6.2009
| deleted by 29/2016 s 46(3) | 4.7.2016
s 144 | deleted by 51/1979 s 22 | 3.5.1979
| inserted by 12/2008 s 49 | 1.6.2009
s 145 | amended by 12/2008 s 50(1), (2) | 1.6.2009
| amended by 29/2016 Sch 2 | 4.7.2016
s 146 | substituted by 116/1978 s 2 | 7.12.1978
s 146(1) | substituted by 20/1987 s 3(a) | 16.4.1987
s 146(1a) | inserted by 20/1987 s 3(a) | 16.4.1987
| amended by 4/2023 s 31(1), (2) | 22.6.2023
s 146(1b) | inserted by 20/1987 s 3(a) | 16.4.1987
s 146(2) | amended by 20/1987 s 3(b), (c) | 16.4.1987
s 146(3) | amended by 20/1987 s 3(b) | 16.4.1987
s 147 | deleted by 116/1978 s 2 | 7.12.1978
s 147 | inserted by 29/2016 s 47 | 4.7.2016
s 148 | deleted by 116/1978 s 2 | 7.12.1978
s 148A | |
s 148A(1) | amended by 12/2008 s 51(1), (2) | 1.6.2009
| amended by 84/2009 s 297 | 1.2.2010
| amended by 29/2016 Sch 2 | 4.7.2016
s 148A(3) | amended by 12/2008 s 51(3) | 1.6.2009
| deleted by 29/2016 Sch 2 | 4.7.2016
s 149 | deleted by 29/2016 Sch 2 | 4.7.2016
s 150 | substituted by 51/1979 s 23 | 3.5.1979
s 152A | inserted by 29/2016 s 48 | 4.7.2016
Pt 13 | |
s 153 | substituted by 51/1979 s 24 | 3.5.1979
s 153(2) | amended by 26/1992 s 9 | 6.7.1992
| amended by 29/2016 s 49 | 4.7.2016
s 153A | inserted by 29/2016 s 50 | 4.7.2016
s 153A(3) | amended by 25/2021 s 18(1) | 9.9.2021
s 153A(6) | inserted by 25/2021 s 18(2) | 9.9.2021
s 153B | inserted by 29/2016 s 50 | 4.7.2016
s 154 | deleted by 51/1979 s 24 | 3.5.1979
Pt 13A | inserted by 4/2015 s 11 | 27.4.2015
s 154 | deleted by 29/2016 s 51 | 4.7.2016
s 154B | |
s 154B(2) | amended by 29/2016 s 52 | 4.7.2016
| amended by 5/2017 s 68 | 19.3.2021
Pt 14 | |
s 155 | amended by 51/1979 s 25 | 3.5.1979
s 156 | amended by 9/1990 s 27 | 21.5.1990
| substituted by 29/2016 s 53 | 4.7.2016
s 157 | amended by 51/1979 s 26 | 3.5.1979
| amended by 29/2016 s 54(1)—(3) | 4.7.2016
s 160A | inserted by 25/2019 s 85 | 3.10.2019
Pt 15 | |
s 163 | amended by 12/2008 s 52(1)—(3) | 1.6.2009
| substituted by 29/2016 s 55 | 4.7.2016
s 164 | amended by 12/2008 s 53(1)—(3) | 1.6.2009
| amended by 29/2016 s 56(1), (2), Sch 2 | 4.7.2016
s 165 | amended by 9/1990 s 28 | 21.5.1990
| amended by 29/2016 s 57(1), (2) | 4.7.2016
s 168 | amended by 29/2016 s 58 | 4.7.2016
s 169 | |
s 169(1) | substituted by 29/2016 s 59(1) | 4.7.2016
s 169(2) | deleted by 29/2016 s 59(1) | 4.7.2016
s 169(2a) | s 169(2) second sentence designated as s 169(2a) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| amended by 29/2016 s 59(2) | 4.7.2016
s 169(3) | amended by 12/2008 s 54 | 1.6.2009
| substituted by 29/2016 Sch 2 | 4.7.2016
s 169(4) | amended by 29/2016 s 59(3), (4) | 4.7.2016
s 169(5) and (6) | substituted by 29/2016 s 59(5) | 4.7.2016
s 169(7) | amended by 29/2016 s 59(6)—(8) | 4.7.2016
s 171 | amended by 29/2016 s 60(1)—(3) | 4.7.2016
s 173 | |
s 173(1) | s 173 I—IV redesignated as s 173(a)—(d) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| s 173 amended and redesignated as s 173(1) by 29/2016 s 61(1), (2) | 4.7.2016
s 173(2) | inserted by 29/2016 s 61(2) | 4.7.2016
s 176 | amended by 12/2008 s 55(1), (2) | 1.6.2009
| amended by 29/2016 Sch 2 | 4.7.2016
s 177 | substituted by 9/1990 s 29 | 21.5.1990
| amended by 29/2016 Sch 2 | 4.7.2016
s 179 | amended by 12/2008 s 56 | 1.6.2009
s 181 | amended by 17/2006 s 198 | 4.9.2006
s 184 | substituted by 9/1990 s 30 | 21.5.1990
| amended by 12/2008 s 57 | 1.6.2009
| amended by 29/2016 Sch 2 | 4.7.2016
s 189 | substituted by 51/1979 s 27 | 3.5.1979
| deleted by 9/1990 s 31 | 21.5.1990
s 190 | deleted by 51/1979 s 28 | 3.5.1979
Pt 16 | |
s 191 | |
s 191(1) | s 191 amended by 51/1979 s 29 | 3.5.1979
| s 191 amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| s 191 amended by 17/2006 s 199(1)—(5) | 4.9.2006
| s 191 amended by 4/2015 s 12 | 27.4.2015
| s 191 amended and redesignated as s 191(1) by 29/2016 s 62(1)—(6) | 4.7.2016
s 191(2)—(4) | inserted by 29/2016 s 62(6) | 4.7.2016
Pt 17 | |
s 192 | amended by 32/1980 s 10 | 22.5.1980
| amended by 68/1980 s 3 | 13.11.1980
| amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 193 | amended by 32/1980 s 11 | 22.5.1980
s 194 | amended by 32/1980 s 12 | 22.5.1980
s 195 | amended by 32/1980 s 13 | 22.5.1980
s 200 | deleted by 12/2008 s 58 | 1.6.2009
Pt 18 | |
s 201 | inserted by 56/1983 s 4 | 26.4.1984
s 205 | amended by 56/1983 s 5 | 26.4.1984
s 206 | deleted by 56/1983 s 6 | 26.4.1984
s 208 | amended by 56/1983 s 7 | 26.4.1984
| amended by 57/2016 s 89 | 8.12.2016
s 210 | amended by 56/1983 s 8 | 26.4.1984
| amended by 33/2002 s 14 | 3.3.2003
ss 210A and 210B | inserted by 29/2016 s 63 | 4.7.2016
s 213 | s 213 I—VIII redesignated as s 213(a)—(h) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 216 | substituted by 56/1983 s 9 | 26.4.1984
Pt 19 | |
s 220 | amended by 51/1979 s 30 | 3.5.1979
| amended by 23/1982 s 5 | 4.11.1982
| amended by 56/1983 s 10 | 26.4.1984
| amended by 9/1990 s 32 | 21.5.1990
| amended by 11/1994 s 11 | 8.9.1994
| amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| amended by 12/2008 s 59(1), (2) | 1.6.2009
| (k) deleted by 12/2008 s 59(3) | 1.6.2009
| amended by 29/2016 s 64(1)—(10) | 4.7.2016
| (c) and (m) deleted by 29/2016 Sch 2 | 4.7.2016
s 220A | inserted by 4/2015 s 13 | 27.4.2015
s 221 | substituted by 4/2015 s 14 | 27.4.2015
s 221(1a) | inserted by 29/2016 s 65 | 4.7.2016
s 222 | deleted by 4/2015 s 14 | 27.4.2015
s 223 | substituted by 17/2006 s 200 | 4.9.2006
Pt 19A | |
s 223A | |
s 223A(3) | substituted by 51/1979 s 31 | 3.5.1979
s 223D | |
s 223D(1) | amended by 29/2016 s 66 | 4.7.2016
ss 223G and 223H | substituted by 29/2016 Sch 2 | 4.7.2016
s 223L | amended by 29/2016 s 67(1), (2) | 4.7.2016
Pt 19AB | inserted by 23/1982 s 6 | 4.11.1982
Pt 19AB Div 1 | amended by 56/1983 s 11 | 1.7.1983
| amended by 51/1985 ss 6, 7 | 12.9.1985
| amended by 13/1988 Sch 1 | 1.9.1988
| amended by 32/1990 s 3 | 2.8.1990
| amended by 23/1992 s 3 | 21.5.1992
| amended by 54/1993 s 12(a)—(f) | 15.1.1994
| substituted by 11/1994 s 12 | 1.9.1995
s 223LA | |
s 223LA(1) | |
allotment | amended by 38/1996 s 24(a)—(c) | 4.11.1996
the Development Assessment Commission or the Commission | deleted by 5/2017 s 69(1) | 19.3.2021
division | amended by 38/1996 s 24(d) | 4.11.1996
electricity entity | inserted by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999
| substituted by 33/2002 s 15 | 28.1.2000
holder | inserted by 12/2008 s 60(1) | 1.6.2009
| amended by 5/2017 s 69(2) | 19.3.2021
service easement | amended by 38/1996 s 24(e) | 4.11.1996
| amended by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999
| amended by 9/2012 Sch 2 cl 15(1) | 1.1.2013
State Planning Commission | inserted by 5/2017 s 69(3) | 19.3.2021
statutory encumbrance | inserted by 12/2008 s 60(2) | 1.6.2009
| amended by 5/2017 s 69(4) | 19.3.2021
water industry entity | inserted by 9/2012 Sch 2 cl 15(2) | 1.1.2013
s 223LA(3) | amended by 12/2008 s 60(3) | 1.6.2009
s 223LA(4) | amended by 12/2008 s 60(4)—(6) | 1.6.2009
s 223LA(7) | inserted by 29/2016 s 68 | 4.7.2016
s 223LB | |
s 223LB(1) | amended by 12/2008 s 61(1) | 1.6.2009
s 223LB(2) | amended by 12/2008 s 61(2), (3) | 1.6.2009
s 223LB(5) | amended by 38/1996 s 25(a), (b) | 4.11.1996
s 223LB(8) | |
allotment | inserted by 38/1996 s 25(c) | 4.11.1996
Pt 19AB Div 2 | amended by 56/1983 s 12 | 1.7.1983
| amended by 51/1985 ss 8, 9 | 12.9.1985
| amended by 9/1990 s 33 | 21.5.1990
| amended by 54/1993 s 12(g), (h) | 15.1.1994
| substituted by 11/1994 s 12 | 1.9.1995
s 223LD | |
s 223LD(2) | substituted by 29/2016 s 69 | 4.7.2016
s 223LD(3) | (c) deleted by 12/2008 s 62(1) | 1.6.2009
s 223LD(5) | amended by 12/2008 s 62(2) | 1.6.2009
s 223LD(5a) | inserted by 12/2008 s 62(3) | 1.6.2009
| amended by 5/2017 s 70 | 19.3.2021
s 223LD(6) | amended by 12/2008 s 62(4) | 1.6.2009
s 223LDA | inserted by 12/2008 s 63 | 1.6.2009
s 223LE | |
s 223LE(3) | amended by 12/2008 s 64 | 1.6.2009
s 223LG | |
s 223LG(1) | amended by 9/2012 Sch 2 cl 16(1), (2) | 1.1.2013
s 223LH | |
s 223LH(1) | substituted by 12/2008 s 65(1) | 1.6.2009
s 223LH(2a) | inserted by 12/2008 s 65(2) | 1.6.2009
Pt 19AB Div 3 | amended by 51/1985 ss 10—14 | 12.9.1985
| amended by 32/1990 s 4 | 2.8.1990
| amended by 23/1992 s 4 | 21.5.1992
| deleted by 54/1993 s 12(i) | 15.1.1994
| inserted by 11/1994 s 12 | 1.9.1995
s 223LG | |
s 223LG(1) | substituted by 38/1996 s 26(a) | 4.11.1996
s 223LG(3) | amended by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999
| amended by 33/2002 s 16 | 28.1.2000
s 223LG(5) | amended by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999
s 223LG(7) | amended by 38/1996 s 26(b) | 4.11.1996
| deleted by 159/1999, r 4(a) (Sch 1 cl 2) | 29.7.1999
s 223LJ | |
s 223LJ(2) | amended by 29/2016 s 70 | 4.7.2016
| (c) deleted by 29/2016 Sch 2 | 4.7.2016
Pt 19AB Div 4 | amended by 51/1985 s 15 | 12.9.1985
| amended by 9/1990 s 34 | 21.5.1990
| amended by 23/1992 s 5 | 21.5.1992
| deleted by 11/1994 s 12 | 1.9.1995
Pt 19AB Div 4A before deletion by 12/2008 | inserted by 23/1992 s 6 | 21.5.1992
s 223LLA | |
division | substituted by 38/1996 s 27 | 4.11.1996
strata plan | inserted by 38/1996 s 27 | 4.11.1996
s 223LLB | |
s 223LLB(2) | amended by 54/1993 s 12(j) | 15.1.1994
| amended by 38/1996 s 28 | 4.11.1996
s 223LLC | |
s 223LLC(1) | amended by 38/1996 s 29 | 4.11.1996
Pt 19AB Div 4A | deleted by 12/2008 s 66 | 1.6.2009
Pt 19AB Div 5 | |
s 223LM | amended by 54/1993 s 12(k) | 15.1.1994
| deleted by 11/1994 s 13 | 1.9.1995
s 223LN | amended by 51/1985 s 16 | 12.9.1985
| deleted by 11/1994 s 13 | 1.9.1995
s 223LO | amended by 51/1985 s 17 | 12.9.1985
| amended by 13/1988 Sch 1 | 1.9.1988
| amended by 9/1990 s 35 | 21.5.1990
| amended by 54/1993 s 12(l), (m) | 15.1.1994
| deleted by 11/1994 s 13 | 1.9.1995
Pt 19B | amended by 68/1980 ss 4, 5 | 13.11.1980
| amended by 23/1982 ss 7, 8 (Sch) | 4.11.1982
| amended by 62/1982 s 3(10) (Sch Pt 10) | 4.11.1982
| amended by 96/1983 ss 3, 4 | 4.11.1982
| amended by 51/1985 ss 18, 19 | 12.9.1985
| deleted by 13/1988 Sch 1 | 1.9.1988
Pt 20 | |
ss 224 and 225 | deleted by 17/2006 s 201 | 4.9.2006
s 228 | amended by 29/2016 s 71 | 4.7.2016
s 229 before substitution by 29/2016 | amended by 9/1990 s 36 | 21.5.1990
| amended by 59/1994 Sch 2 | 1.1.1995
| amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 229 | substituted by 29/2016 s 72 | 4.7.2016
| amended by 57/2016 s 90 | 8.12.2016
s 230 | amended by 59/1994 Sch 2 | 1.1.1995
| amended by 29/2016 s 73(1), (2) | 4.7.2016
s 231 | deleted by 59/1994 Sch 2 | 1.1.1995
s 232 before substitution by 4/2015 | amended by 56/1983 s 13 | 26.4.1984
| amended by 12/2008 s 67(1), (2) | 1.6.2009
s 232 | substituted by 4/2015 s 15 | 27.4.2015
s 232(1) | substituted by 29/2016 s 74 | 4.7.2016
s 232(1a) and (1b) | inserted by 29/2016 s 74 | 4.7.2016
s 232A | inserted by 4/2015 s 15 | 27.4.2015
s 232A(1) | amended by 29/2016 s 75(1) | 4.7.2016
s 232A(2) | amended by 29/2016 s 75(2) | 4.7.2016
s 232A(3) | amended by 29/2016 s 75(3) | 4.7.2016
s 232A(4) | amended by 29/2016 s 75(4) | 4.7.2016
s 232A(5) | amended by 29/2016 s 75(5) | 4.7.2016
s 232A(6) | amended by 29/2016 s 75(6) | 4.7.2016
s 232A(7) | inserted by 29/2016 s 75(7) | 4.7.2016
s 232B | inserted by 29/2016 s 76 | 4.7.2016
s 233 | amended by 9/1990 s 37 | 21.5.1990
| amended by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| amended by 29/2016 s 77(1)—(6), Sch 2 | 4.7.2016
ss 235 and 236 | deleted by 56/2005 Sch 2 cl 44 | 1.7.2006
s 240 | amended by 59/1994 Sch 2 | 1.1.1995
Pt 20A | inserted by 29/2016 s 78 | 4.7.2016
Pt 21 | |
s 241 | amended by 62/1982 s 3(10) (Sch Pt 10) | 4.11.1982
| substituted by 51/1985 s 20 | 12.9.1985
s 242 | amended by 51/1985 s 21 | 12.9.1985
| amended by 13/1988 Sch 1 | 1.9.1988
| amended by 9/1990 s 38 | 21.5.1990
| amended by 38/1996 s 30 | 4.11.1996
s 244 | amended by 11/1994 s 14 | 8.9.1994
s 245 | substituted by 11/1994 s 15 | 8.9.1994
s 246 | amended by 29/2016 s 79(1)—(3) | 4.7.2016
s 247 | amended by 29/2016 s 80 | 4.7.2016
s 248 | amended by 29/2016 Sch 2 | 4.7.2016
s 249 | |
s 249(1) | s 249 first sentence designated as s 249(1) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 249(2) | s 249 second sentence designated as s 249(2) by 44/2003 s 3(1) (Sch 1) | 24.11.2003
s 254 | amended by 9/1990 s 39 | 21.5.1990
| amended by 29/2016 Sch 2 | 4.7.2016
s 255 | inserted by 64/1999 s 8(b) | 1.1.2000
s 255(4) | amended by 29/2016 Sch 2 | 4.7.2016
| (c) deleted by 29/2016 Sch 2 | 4.7.2016
s 255(5) | deleted by 29/2016 Sch 2 | 4.7.2016
s 255(6) | substituted by 29/2016 s 81 | 4.7.2016
s 257 | deleted by 9/1990 s 40 | 21.5.1990
s 260 | amended by 17/2006 s 202 | 4.9.2006
s 267 | substituted by 11/1995 s 6 | 1.7.1995
s 267(1) | substituted by 29/2016 s 82 | 4.7.2016
s 267(4) | deleted by 4/2015 s 16 | 27.4.2015
s 268 | substituted by 11/1995 s 6 | 1.7.1995
| amended by 29/2016 s 83(1)—(3) | 4.7.2016
s 269 | deleted by 11/1995 s 6 | 1.7.1995
s 270 | amended by 29/2016 s 84 | 4.7.2016
s 273 | |
s 273(1) | s 273(2) amended and redesignated as s 273(1) by 56/1983 s 14 | 26.4.1984
| substituted by 29/2016 s 85(1) | 4.7.2016
s 273(1a)—(1c) | inserted by 4/2015 s 17 | 27.4.2015
s 273(2) | inserted by 56/1983 s 14(b) | 26.4.1984
| substituted by 29/2016 s 85(2) | 4.7.2016
s 273(3) | inserted by 56/1983 s 14(b) | 26.4.1984
s 273(4) | inserted by 29/2016 s 85(3) | 4.7.2016
s 273AA | inserted by 29/2016 s 86 | 4.7.2016
s 273A | inserted by 4/2015 s 18 | 27.4.2015
s 273A(1) | substituted by 29/2016 s 87(1) | 4.7.2016
s 273A(4) | amended by 29/2016 s 87(2) | 4.7.2016
s 273A(5a) | inserted by 29/2016 s 87(3) | 4.7.2016
s 273A(6) | substituted by 29/2016 s 87(4) | 4.7.2016
s 273B | inserted by 29/2016 s 88 | 4.7.2016
s 274 | |
s 274(1) | amended by 51/1979 s 32 | 3.5.1979
| s 274 redesignated as s 274(1) by 56/1983 s 15 | 26.4.1984
| amended by 12/2008 s 68 | 1.6.2009
s 274(2) and (3) | inserted by 56/1983 s 15 | 26.4.1984
| amended by 12/2008 s 68 | 1.6.2009
s 276 | substituted by 51/1979 s 33 | 3.5.1979
| amended by 4/2023 s 32 | 22.6.2023
s 276A | inserted by 29/2016 s 89 | 4.7.2016
s 277 before substitution by 29/2016 | |
s 277(1) | amended by 57/2000 s 29 | 23.10.2000
| amended by 12/2008 s 69 | 1.6.2009
s 277(1a) | inserted by 22/2001 s 3 | 1.1.1975
s 277 | substituted by 29/2016 s 90 | 4.7.2016
s 277(2) | amended by 35/2018 s 131(1) | 31.1.2019
s 277(3a) | inserted by 35/2018 s 131(2) | 31.1.2019
s 277(4) | substituted by 35/2018 s 131(2) | 31.1.2019
Sch 1 | |
cll 1 and 5 | inserted by 11/1994 s 16 | 8.9.1994
cll 2—4 | inserted by 11/1994 s 16 | 1.9.1995
Sch 2 | amended by 9/1990 s 41 | 21.5.1990
Sch 4 | deleted by 51/1979 s 34 | 3.5.1979
Sch 5 | amended by 11/1994 s 17 | 8.9.1994
| heading substituted by 12/2008 s 70 | 1.6.2009
Sch 6 | deleted by 51/1979 s 35 | 3.5.1979
| inserted by 51/1985 s 22 | 12.9.1985
| heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003
| amended by 12/2008 s 71(1), (2) | 1.6.2009
Schs 7—14 | deleted by 51/1979 s 35 | 3.5.1979
Sch 17 | heading substituted by 44/2003 s 3(1) (Sch 1) | 24.11.2003
Schs 18 and 19 | deleted by 11/1995 s 7 | 1.7.1995
Sch 21 before deletion by 17/2006 | |
cl 1 | amended by 33/2002 s 17 | 3.3.2003
Sch 21 | deleted by 17/2006 s 203 | 4.9.2006
Sch 23 | deleted by 51/1979 s 36 | 3.5.1979
Sch 24 | deleted by 51/1979 s 37 | 3.5.1979
Sch 25 | substituted by 51/1979 s 38 | 3.5.1979
| deleted by 13/1988 Sch 1 | 1.9.1988
Sch 26 | amended by 68/1980 s 6 | 13.11.1980
| deleted by 13/1988 Sch 1 | 1.9.1988
Historical versions
Reprint No 1—15.11.1991 |
Reprint No 2—21.5.1992 |
Reprint No 3—6.7.1992 |
Reprint No 4—18.2.1993 |
Reprint No 5—15.1.1994 |
Reprint No 6—15.9.1994 |
Reprint No 7—1.1.1995 |
Reprint No 8—1.7.1995 |
Reprint No 9—1.9.1995 |
Reprint No 10—4.11.1996 |
Reprint No 11—29.7.1999 |
Reprint No 12—1.1.2000 |
Reprint No 13—23.10.2000 |
Reprint No 14—14.6.2001 |
Reprint No 15—1.11.2001 |
Reprint No 16—28.11.2002 |
Reprint No 17—3.3.2003 |
Reprint No 18—24.11.2003 |
1.7.2006 |
4.9.2006 |
1.6.2009 |
1.2.2010 |
27.9.2012 |
1.1.2013 |
1.7.2014 |
27.4.2015 |
4.7.2016 |
8.12.2016 |
24.10.2017 |
31.1.2019 |
3.10.2019 |
1.5.2020 |
19.3.2021 |
9.9.2021 |

[30.7.2026] This version is not published under the Legislation Revision and Publication Act 2002

This version is not published under the Legislation Revision and Publication Act 2002 [30.7.2026]