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Conveyancing Act 1913 (NI)

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Act No. 8 of 1913
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Regional Development and Cities
Registered 30 Oct 2018
Start Date 29 Oct 2018

 

NORFOLK                            ISLAND

 

Conveyancing Act 1913

No. 8 of 1913

Compilation No. 1

Compilation date:                              29 September 2018

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)


 

NORFOLK                            ISLAND

 

 

CONVEYANCING ACT 1913

 

________

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Appointment of Registrar of Lands and Deputy Registrar

         3.      Sale, etc, of land to be in accordance with these enactments

         4.      Attendance on Registrar for dealings in land

         5.      Description of land to be provided

         6.      Powers of transferee as mortgagee

         7.      Manner of keeping instruments

         8.      Duties of Registrar

         9.      Records to be available for inspection

       10.      Endorsement on instrument by Registrar

       11.      Fees

       12.      Instruments not required to be sealed

       13.      Registrar of Lands includes Deputy Registrar

    13A.      Delegation

       14.      Regulations

                    Schedule 1

                    Schedule 2

                    Schedule 3

                    Schedule 4

    

NORFOLK                            ISLAND

 

 

Conveyancing Act 1913

_______________________________________________________________________

 

Short title

      1.         This Act may be cited as the Conveyancing Act 1913.

Appointment of Registrar of Lands and Deputy Registrar

      2.         (1)        The Commonwealth Minister may appoint a Registrar of Lands.

                  (2)        The Commonwealth Minister may also appoint a person to be Deputy Registrar of Lands, who, during the suspension or the absence through illness or otherwise of the Registrar of Lands, shall have the powers and duties of the said Registrar.

Sale, etc, of land to be in accordance with these enactments

      3.         No land shall be sold, mortgaged, or leased (except for a period less than one year), or otherwise dealt with or disposed of except in accordance with these enactments.

Attendance on Registrar for dealings in land

      4.         (1)        Whenever it is desired to deal with any land by way of conveyance upon sale, mortgage, lease, or otherwise, or to make any other disposition of land, the parties or intending parties to the transaction, or their duly constituted attorneys, shall attend before the Registrar of Lands at his office; whereupon the said Registrar shall fill up, or cause to be filled up, in duplicate  (and in case of a lease in triplicate) the appropriate form as set out in the First Schedule, making such alterations in and additions to the same as he may think necessary, and such forms so filled up shall be executed by all the parties aforesaid, or their duly constituted attorneys, and attested by the said Registrar, who shall hand one part to the purchaser, mortgagee, lessee, or other person, or his attorney, and in case of a lease another part to the lessor or his attorney, and shall retain one other part to be kept of record at the office of the said Registrar.  No conveyance as aforesaid made after 1 January 1898, shall be valid or admitted in evidence unless so prepared, signed, and attested as aforesaid:

      Provided that where none of the forms aforesaid are appropriate to the disposition proposed to be made, a new form may, with the approval of the Chief Executive Officer, be substituted.

                  (2)        A person who, at the time of dealing with land under this Act on behalf of another person, is the attorney of that other person by virtue of an instrument registered, or deemed to be registered, under the Powers of Attorney Act 1959 shall, for the purposes of this section, be deemed to be the duly constituted attorney of that person with respect to that dealing with land, whether that instrument is under seal or not.


Description of land to be provided

      5.         The parties to the transaction, or one of them, or their or his attorneys or attorney, shall furnish the said Registrar at the time of so attending with a correct and complete description by metes and bounds of the land about to be dealt with, together with a plan of the same, and such description and plan shall be entered upon each instrument to be prepared.

Powers of transferee as mortgagee

      6.         When any transfer of a mortgage has been executed and recorded as aforesaid, the transferee shall be entitled to exercise all the powers of a mortgagee or sue or proceed in his own name as if he were the original mortgagee named therein.

Manner of keeping instruments

      7.         Instruments kept of record at the office of the Registrar shall be numbered consecutively and bound together in books.

Duties of Registrar

      8.         The said Registrar shall cause to be kept an index of all such dealings and dispositions in the form of the Second Schedule and shall keep such other registers, books, and indices as are prescribed.  He shall also make a quarterly return to the Commonwealth Minister in the said form of all such dealings and dispositions.

Records to be available for inspection

      9.         All such indices and such books of dealings shall be open to inspection, during such time as the office of the said Registrar is open to the public, upon payment of the fees set out in Schedule 4.

Endorsement on instrument by Registrar

      10.       When entering any instrument on record the said Registrar shall make an endorsement thereon in the form or to the effect of the Third Schedule.

Fees

      11.       (1)        The Land Administration Fees Act 1996 applies in respect of the registration of an instrument for the purposes of this Act.

                  (2)        The fees set out in Schedule 4 are payable in respect of the matters set out opposite them.

Instruments not required to be sealed

      12.       All conveyances, leases, mortgages, or other dealings with or dispositions of land heretofore or hereafter made shall be valid and effectual notwithstanding the same have not been made under seal, but only signed by the parties thereto or their attorneys instead of being sealed as well as signed.

Registrar of Lands includes Deputy Registrar

      13.       In this Act “Registrar of Lands” includes a Deputy Registrar of Lands.

Delegation

      13A.    (1)        Subject to this section, the Commonwealth Minister may by written instrument delegate to the Administrator any of the Commonwealth Minister’s powers or functions under this Act, other than this power of delegation and the power referred to in section 14.

                  (2)        A power or function so delegated, when exercised or performed by the Administrator, an Acting Administrator or a Deputy Administrator, is to be taken, for the purposes of this Act, to have been exercised or performed by the Commonwealth Minister.

                  (3)        A delegation under this section may specify conditions or limitations to be observed by the delegate in the exercise or performance of the powers or functions so delegated, and the Administrator, an Acting Administrator or a Deputy Administrator must comply with any such conditions or limitations.

      (4)        A delegation under this section does not prevent the exercise of a power or the performance of a function by the Commonwealth Minister.

Regulations

      14.       The Commonwealth Minister may make regulations, not inconsistent with this Act, prescribing all matters that this Act requires or permits to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.


 

                                                                   SCHEDULE 1                                               Section 4

FORM A

No.

                          ABSOLUTE SALE OR CONVEYANCE,          NORFOLK ISLAND

I,                            ,of                     ,do hereby, in consideration of                           which I admit to have received, sell and convey to                         of                                         his heirs and assigns, all that parcel of land described at the foot hereof, and all improvements made on the said land.  The said                                                      his heirs and assigns to hold the land and all improvements in as full and ample a manner as I could have held the same, and I the said                                                              hereby accept such land to hold as aforesaid.

THE LAND REFERRED TO

All that parcel of land situate in the island of Norfolk Island (here set out description and plan).

As witness the hands of the said parties set hereto this             day of                       , 20  .

Signed by the said                                       and                                                

                                                                                                                                           (Signatures)

in my presence —

                                                                                                                               Registrar of Lands

________

FORM B

No.

                                      MORTGAGE,                                            NORFOLK ISLAND

I,                                              , of                      , herein called mortgagor, in consideration

of          , which I hereby admit to have received from                                                          , of                                   , (herein called mortgagee) do hereby mortgage  and release to  the  said                                                                     , his heirs and assigns, - All that parcel of land described at the foot hereof and all improvements thereon.  The mortgagee, his heirs, and assigns to hold the land and all improvements subject to redemption upon repayment to the said mortgagee, his executors, administrators, or assigns of the said sum of               and interest as hereinafter mentioned; and I hereby for myself, my heirs, executors, and administrators covenant with the mortgagee, his executors, administrators and assigns that I or they will repay to the said mortgagee, his executors, or administrators, or assigns the said sum of        on the                     day of                            , 20  , and also pay him or them interest for the same until repaid at the rate of          per centum per annum, payable quarterly;  and I hereby empower the said mortgagee, his executors, administrators, and assigns in the event of either the interest or the principal money or any part thereof respectively not being so paid on the days that they respectively fall due, to sell and convey the land and improvements to any person for such price as he can obtain for the same, and to repay himself all expenses incurred and all money due for principal and interest.  And I the said mortgagee for myself, my executors, administrators, and assigns, covenant with the said mortgagor, his heirs, executors, or administrators, I or they will do and sign all such documents and things as shall be necessary to release the said lands and improvements.  And further, that in the event of any sale of the land under the power given by this instrument, that I or they will pay the said mortgagor, his heirs, executors, or administrators, any money remaining in my hand after repayment of all expenses and principal and interest moneys due to me or them.

THE LAND ABOVE REFERRED TO

All that parcel of land in Norfolk Island, containing (here set out description and plan).

As witness the hands of the said parties set hereto this            day of                    , 20  .

Signed by the said                                        and                                          

                                                                                                                                         (Signatures)

in my presence —

                                                                                                                               Registrar of Lands

________

 

FORM C

No.

                    DISCHARGE OF MORTGAGE,                         NORFOLK ISLAND

I,                                   , of                                                , being the person entitled to receive the principal moneys secured by the within mortgage, hereby admit to have received all moneys thereby secured, and release and reconvey the land comprised in such mortgage and all improvements to                                         , of                                 , the person now entitled thereto, his heirs and assigns, and I the said                             , accept such release.

As witness the hands of the said parties set hereto this             day of                          , 20  .

Signed by the said                                        and                                             

                                                                                                                                           (Signatures)

in my presence —

                                                                                                                               Registrar of Lands

________

 

 

FORM D

No.

                                TRANSFER OF MORTGAGE      ,                         NORFOLK ISLAND

I, the within named                                                                                                 , do hereby, in consideration of the sum of $        , which I admit to have received, sell, release, and transfer the within mentioned principal sum and interest, and the within mentioned land and all improvements to                                                                            , of                                          , his heirs, executors, administrators, and assigns, to hold in the same way and with and subject to the same rights, powers, and covenants I held the same.  And I the said                                        so accept the said sale, release, and transfer.

As witness the hands of the said parties set hereto this                  day of                     , 20  .

 

Signed by the said                                      and                                             

                                                                                                                                           (Signatures)

in my presence —

                                                                                                                             Registrar of Lands

________

 


FORM E

No.

                                                    LEASE                                                       NORFOLK ISLAND

I,                                                           , of                                              , herein called the lessor, in consideration of the rent reserved and to be paid to me, do hereby lease and let unto                           , of                       , herein called the lessee, his executors, administrators, and assigns:  All that parcel of land, house, and all improvements described at foot hereof for the term of                     years from the date hereof.  And I, the said lessee, for myself, my executors, administrators, and assigns, do hereby covenant with the said lessor, his heirs, and assigns, that I, or they, will pay to the lessor, his heirs, or assigns, the rent of                    a year, by equal                 payments, the first payment to be made on the              day of                             next, and that I or they, will, during the term keep the premises in repair, except damage done by fire or inevitable accident, and by ordinary wear and use.  Also (here add any special covenants, including covenant not to assign or sublet without leave).  And that I or they will, at the end of the term, yield up quiet possession of the premises.  And also, that in the event of my or they not paying the rent, or any part thereof, on any of the days it falls due, or within 21 days thereafter that this lease shall cease, and the said lessor, his heirs, or assigns, shall be at liberty to retake possession of the said premises.

THE PREMISES REFERRED TO

All that (here set out description and also plan where necessary).

 

As witness the hands of the said parties set hereto this     ay of                                   , 20   .

Signed by the said                                        and                                               

                                                                                                                                         (Signatures)

in my presence —

                                                                                                                               Registrar of Lands

________

 

 

FORM F

No.

                                     TRANSFER OF LEASE       ,                               NORFOLK ISLAND

I, the within named                                                , do hereby, in consideration of the sum of $         , which I admit to have received, sell and transfer the within described premises for the residue of the within term of          years to                                                            , of                                                  , his executors, administrators, and assigns, to hold in the same way and with and subject to the same rent and covenants I held the same, and I the said                                  , so accept the said sale and transfer.

 

As witness the hands of the said parties set hereto this          day of                            , 20  .

Signed by the said                                         and                                           

                                                                                                                                         (Signatures)

in my presence —

                                                                                                                             Registrar of Lands

________

 


FORM G

No.

                           SURRENDER OF LEASE       ,    NORFOLK ISLAND

I, the within named                                                                                       , in consideration of $                       which I admit to have received, hereby surrender to the within named                                                , his heirs and assigns, - All those the within described premises, so that the term within created may cease and merge in the freehold thereof;  and I, the said                          , so accept such surrender.

As witness the hands of the said parties set hereto this        day of                             , 20   .

Signed by the said                                           and                                             

                                                                                                                                           (Signatures)

in my presence —

                Registrar of Lands

________

 

FORM H

No.

           SURRENDER OF LIFE INTEREST      ,       NORFOLK ISLAND

I,                                                      ,of                                                     , in consideration of the sum of $              , which I admit to have received, do hereby surrender and release to                                                                  , of                , his heirs, and assigns, all my life estate and interest in the land described hereunder, and all improvements thereon, to the intent that he and they shall hold the said land and improvements freed and discharged from such life estate and interest:  and I, the said               , so accept such surrender and release.

THE LAND REFERRED TO

All that (here set out description and plan if necessary).

As witness the hands of the said parties set hereto this      day of                               , 20  .

Signed by the said                                         and                                          

                (Signatures)

In my presence —

                Registrar of Lands

________

 

 . . . .

 


FORM J

No.

                                                PARTITION       ,                                         NORFOLK ISLAND

We (here set out the names in full, addresses, and occupations of the persons making partition), being all the persons entitled to the lands set out in the Schedule hereto, and being desirous of making a partition thereof, as shown by such Schedule, do hereby release and assure all such lands and all our respective and joint estates and interests therein as follows, namely:  The land described in the First Schedule hereto unto and to the use of                                                       , his heirs and assigns for ever, the land described in the Second Schedule hereto unto and to the use of                                 , his heirs and assigns for ever (and so on for as many as are taking portions).

 

FIRST SCHEDULE ABOVE REFERRED TO

(set out full description according to surveyor’s measurements)

 

SECOND SCHEDULE ABOVE REFERRED TO

(And so on as the case may require)

Plan showing all portions

 

As witness the hands of the said parties set hereto this              day of                        , 20  .

 

Signed by the said                                         and                                           

                (Signatures)

in my presence —

                Registrar of Lands

________

 

                                                  SCHEDULE 2                                                 Section 8

DEALINGS

Name of vendor, etc

Name of purchaser, etc

No.

Nature of instrument

Description  (short)

 

 

 

 

 

 

 

 

 

 

________

                                                  SCHEDULE 3                                   Section 10

 

Recorded       and enrolled  at     the office of    the Registrar of Lands,  Norfolk  Island  this                    day of                                , 20  , at         o'clock in the      noon, and numbered.

                Registrar of Lands

________

 


 

                                                                   SCHEDULE 4                                  Sections 9 and 11

 

SCALE OF FEES

 

Item

Fee

1.

Fee payable on the issue of a Crown lease

5 fee units

2.

For preparing an absolute sale or conveyance, lease or sub-lease, mortgage, partition or any direction, licence or order of the court

2 fee units

3.

For preparing a document if no other fee is specified in this Act

2 fee units

4.

For each search of an index referred to in section 8 or of another prescribed register, book or index

0.5 fee units

5.

For a certified copy (per page)

0.5 fee units

 

 

 

 

NOTES

The Conveyancing Act 1913 as shown in this consolidation comprises Act No. 8 of 1913 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Conveyancing Law 1913

8, 1913

24.12.13

 

 

 

 

 

Conveyancing Act 1937

6, 1937

16.7.37

 

 

 

 

 

Conveyancing Act (No. 2) 1937

9, 1937

8.10.37

 

 

 

 

 

Conveyancing Act 1954

10, 1954

30.11.54

 

 

 

 

 

Conveyancing Act 1959

3, 1959

11.6.59

3

 

 

 

 

Conveyancing Act 1962

1, 1962

26.2.62

 

 

 

 

 

Amendments Incorporation Act 1963

2, 1963

28.3.63

 

 

 

 

 

Conveyancing Act 1964

1, 1964

12.3.64

 

 

Ordinances Revision Act 1964

6, 1964

30.6.64

6

 

 

 

 

Conveyancing Act 1966

6, 1966

10.3.66

 

 

 

 

 

Conveyancing Act 1969

12, 1969

31.12.69

 

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

Ordinances Revision Act 1979

13, 1979

7.8.79

5

 

 

 

 

Conveyancing (Amendment) Act 1980

19, 1980

5.6.80

 

 

 

 

 


 

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Ordinances Revision (Decimal Currency) Act 1980

31, 1980

15.1.81

 

 

 

 

 

Statute Law (Miscellaneous Provisions) (No. 3) Act 1986

35, 1986

4.12.86

 

 

 

 

 

Conveyancing Amendment Act 1989

12, 1989

10.8.89

 

 

 

 

 

Statute Law Revision (Ministerial Powers) Act 1992

9, 1992

27.8.92

 

 

 

 

 

Conveyancing Amendment Act 1999

22, 1999

28.10.99

 

[previously consolidated as at 31 May 2002]

 

 

 

 

 

 

Interpretation (Amendment) Act 2012 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

________

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws  Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–390)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 11): 29 Sept 2018 (s 2(1) item 1)

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected

How affected

 

 

 

1

am

  2, 1963;  6, 1964;  6, 1966;  12, 1969;  11, 1976

2

am

  1, 1962;  35, 1986

3

am

35, 1986

4

am

35, 1986; Ord No 2, 2015 (as am by F2018L01378)

4(1)

am

  6, 1937

4(2)

am

  3, 1959

5

am

35, 1986

6

am

35, 1986

7

rs

  6 , 1966

 

am

35, 1986

8

am

  1, 1962;  13 , 1979;  35, 1986

9

am

35, 1986

10

am

35, 1986

11

am

35, 1986

 

rs

22, 1999

12

am

35, 1986

13

am

  6 , 1964; 25, 1986

13A

ad

9, 1992

14

ad

13 , 1979

 

am

35, 1986

Schedule 1

am

31 , 1980

Schedule 4

rs

12 , 1969;   19 , 1980;  22, 1999

 

am

12, 1989