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This Act may be cited as the Conveyancing Act 1919 and shall commence and come into operation on the first day of July, one thousand nine hundred and twenty.
The Acts mentioned in the First Schedule to this Act are to the extent therein expressed hereby repealed.
All rules of court made under the authority of any Act or section hereby repealed and being in force at the commencement of this Act, shall so far as applicable, be deemed to have been made under the authority of this Act.
Any alteration, by this Act, of the law, whether by the repeal of an enactment, or otherwise, shall not, unless otherwise expressly provided by this Act, affect—
any right accrued, or obligation incurred, before the commencement of this Act under the law so altered, or
the validity or invalidity, or any operation, effect or consequence, of any instrument executed or made, or of anything done or suffered before the commencement of this Act, or
any action, proceeding or thing then pending or uncompleted; every such action, proceeding and thing may be carried on and completed as if the enactment had not been repealed, or the law otherwise altered.
Where any instrument executed prior to the commencement of this Act is by any provision hereof rendered valid and effectual, and would, but for this Act, be or remain invalid or ineffectual, such instrument shall be deemed to be validated only where the person who is at the commencement of this Act in possession of the property affected by the instrument claims under such instrument and not adversely to it.
Except as hereinafter provided, this Act, so far as inconsistent with the Real Property Act 1900, shall not apply to lands, whether freehold or leasehold, which are under the provisions of that Act.
Except as hereinafter provided by this Act or the regulations made for the purposes of section 52A or 66ZA, this Act shall not be construed as affecting the provisions of the Crown Land Management Act 2016, the Mining Act 1992 or the Offshore Minerals Act 1999 or the provisions of any other Act dealing with Crown lands.
Division 4 (Easements and restrictive and positive covenants) of Part 6, so far as it is applicable, applies to and in respect of Crown land, including land under a continued incomplete tenure purchase, continued perpetual lease, continued term lease or continued special lease within the meaning of Schedule 1 to the Crown Land Management Act 2016.
Wherever any provision of this Act is expressed to apply to land under the provisions of or dealings under the Real Property Act 1900, such provision shall not be deemed to apply exclusively to such land or dealings unless the contrary appears.
This section applies to—
plans lodged for the purposes of this Act, and
documents required, by this Act or another Act, to be lodged with a plan.
A reference in this Act—
to a plan or another document includes a reference to an electronic data file containing a plan or another document in an electronic form, and
to the lodging of a plan or another document includes a reference to the electronic lodging of a plan or another document in an electronic form approved by the Registrar-General, and
to a sheet of a plan or another document that is in electronic form is a reference to a sheet on which the whole or part of the plan or other document would be reproduced if the plan or other document were converted to hard copy form without re-pagination.
If a plan is lodged electronically, all other documents that are required to be lodged with the plan must also be lodged electronically in an electronic form approved by the Registrar-General, except—
(Repealed)
any other documents excepted from this requirement by regulations under this or any other Act or by the Registrar-General.
Any signature, seal, certificate, consent or other approval required to authenticate, or to authorise the registration or recording of, a plan proposed to be lodged in electronic form is to be endorsed on an approved form for signatures. When the plan is lodged, that form must also be lodged electronically in an electronic form approved by the Registrar-General.
This Act applies to and in respect of plans and other documents lodged in electronic form in the same way as it applies to other plans and documents, subject to any modifications prescribed by this Act or the regulations.
This section extends to plans and other documents relating to land under the Real Property Act 1900.
The regulations may prescribe the following—
functions under this Act, the regulations or another law for which a fee may be charged and the amount of the fee,
the fees to be paid for the exercise of titling and registry functions.
A prescribed fee must be paid before the function is exercised unless otherwise agreed between the person exercising the function and the person responsible for paying the fee.
The fee prescribed for a titling and registry function is, if the function is undertaken by the authorised operator, the maximum fee that may be charged for the function.
This section operates in addition to a provision of this Act or another law that allows for the prescribing of a fee.
In this section—
authorised operator has the same meaning as in the Land and Property Information NSW (Authorised Transaction) Act 2016.
A reference in this Act to a contract or deed includes a reference to an electronic data file containing a contract or deed in an electronic form.
This Act applies to and in respect of contracts or deeds in an electronic form in the same way as it applies to other contracts or deeds, subject to any modifications prescribed by this Act or the regulations.
To avoid doubt, Division 2 of Part 2 of the Electronic Transactions Act 2000 applies to a requirement or permission under this Act for a document to be verified, authenticated, attested or witnessed under the signature of a person other than the author of the document, subject to any regulations under this Act.
This section extends to contracts or deeds relating to land under the Real Property Act 1900.
The regulations may, for the purposes of this Act, prescribe—
what does and does not constitute an electronic signature or attestation, and
any further requirements in relation to electronic signatures and attestations.
If a contract is provided in electronic form, all other documents that are required to be attached to the contract, or provided before completion of the contract, may, despite any other provision in this Act or the regulations, also be provided in electronic form if the document is clearly legible in that form.
In the interpretation of this Act, and of any rules or regulations made thereunder, unless the context or subject matter otherwise indicates or requires—
Administrator means administrator within the meaning of the Probate and Administration Act 1898, and includes the NSW Trustee and Guardian acting as collector under an order to collect.
Approved form means a form approved by the Registrar-General for the purposes of the provision of this Act in which the expression is used.
Assurance includes a conveyance and a disposition made otherwise than by will; and assure has a corresponding meaning.
Bankruptcy means any act or proceeding in law having, before or after the commencement of the Conveyancing (Amendment) Act 1972, effects or results similar to those of bankruptcy, and includes the winding-up of a company under the Companies Act 1961, the Companies (New South Wales) Code or the Corporations Act 2001 of the Commonwealth; and bankrupt has a meaning corresponding with that of bankruptcy.
Commonwealth means Commonwealth of Australia, and Commonwealth Act (with or without descriptive words) means an Act passed by the Parliament of the Commonwealth and includes any Act amending or substituted for the same.
Conveyance includes any assignment, appointment, lease, settlement, or other assurance by deed of any property; and convey has a meaning corresponding with that of conveyance.
Court means the Supreme Court.
Crown plan means a plan (such as a county or parish map, a town or village map or a portion plan) that has been prepared by or on behalf of the Crown and is held by the Registrar-General, and includes a registered plan that has been lodged for registration with the Registrar-General by or on behalf of the Crown.
Current plan has the meaning given by section 7A.
Dealing has the same meaning as it has in the Real Property Act 1900.
Deed in relation to land under the provisions of the Real Property Act 1900, includes a dealing having the effect of a deed under that Act.
Disposition includes a conveyance, and also an acknowledgment under section 83 of the Probate and Administration Act 1898, vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by any instrument except a will, and also a release, devise, bequest, or an appointment of property contained in a will; and dispose has a corresponding meaning.
Executor means the executor to whom probate has been granted, and includes an executor by right of representation.
Existing lot means—
a lot whose boundaries are shown in a current plan, or
in relation to land that is not included in a current plan, any distinct lot or portion of land whose current boundaries are identified in the document or documents that evidence current legal interests in the land,
whether comprising the whole of a parcel, or 2 or more parts of a parcel separated by land reserved or acquired for a road, railway or other like purpose.
General Register of Deeds means the General Register of Deeds maintained under section 184C.
Income, when used with reference to land, includes rents and profits.
Incumbrance includes a mortgage in fee or for a less estate, and a trust for securing money, and a lien and a charge of a portion, annuity, or other capital or annual sum; and incumbrancee has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or satisfaction thereof.
Instrument includes deed, will, and Act of Parliament.
Land includes tenements and hereditaments, corporeal and incorporeal, and every estate and interest therein whether vested or contingent, freehold or leasehold, and whether at law or in equity.
Land under the provisions of the Real Property Act 1900 or any equivalent expression, means estates registered under that Act.
Licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003.
lodgment rules has the same meaning as in the Real Property Act 1900.
Mental disability means the legal disability by reason of which the property of a person subject thereto may, pursuant to the law from time to time in force with respect to mental health, be committed to the management and care of another person.
Minor means a person under the age of eighteen years; and minority has a corresponding meaning.
Mortgage includes a charge on any property for securing money or money’s worth; and mortgage-money means money or money’s worth secured by a mortgage.
Mortgagee includes any person from time to time deriving title to the mortgage under the original mortgagee; and mortgagee in possession means a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property.
Mortgagor includes any person from time to time deriving title to the equity of redemption under the original mortgagor, or entitled to redeem a mortgage, according to the person’s estate, interest, or right in the mortgaged property.
Mortgage, mortgagee, and mortgagor in relation to land under the provisions of the Real Property Act 1900 have the same meaning as in that Act.
Order includes judgment.
Personal representative means the executor or administrator for the time being of a deceased person.
Possession, when used with reference to land, includes the receipt of income therefrom.
Power to postpone sale means power to postpone in the exercise of a discretion whether separately expressed or implied by the terms of the trust for sale.
Property includes real and personal property, and any estate or interest in any property real or personal, and any debt, and any thing in action, and any other right or interest.
Purchaser means a purchaser for valuable consideration, and includes a lessee, mortgagee, or other person who for valuable consideration acquires an interest in property, except that in Part 4, Divisions 5 and 6 purchaser means only a person who acquires an interest in or charge on property for money or money’s worth; and purchase has a meaning corresponding with that of purchaser.
Registered means registered in the appropriate register by the Registrar-General.
Registered plan means any of the following—
a plan of subdivision, a plan of consolidation or a plan of identification (each within the meaning of section 195) that is registered in accordance with Division 3 of Part 23,
a strata plan, strata plan of subdivision or strata plan of consolidation within the meaning of the Strata Schemes Development Act 2015,
(Repealed)
a plan that is registered for the purpose of showing either or both of the following—
land that is proposed to be acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of land by compulsory process, or
the residue of land of which part is proposed to be so acquired,
a plan (other than a plan referred to in paragraph (a)–(d)) that is registered or recorded by the Registrar-General for the purpose of showing a parcel in a lawful division of land.
Regulations means regulations made under this Act.
Rent includes yearly or other rent, toll, duty, royalty, or other reservation by the acre, the ton, or otherwise; and fine includes premium or foregift, and any payment, consideration, or benefit in the nature of a fine, premium, or foregift.
Sale means only a sale properly so called.
Securities include stocks, funds, and shares.
titling and registry functions has the same meaning as in the Land and Property Information NSW (Authorised Transaction) Act 2016.
Trust corporation means the NSW Trustee and Guardian or a trustee company or The Official Receiver in Bankruptcy or the trustee in whom is vested the property of a bankrupt.
Trust for sale means a binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without a power at discretion to postpone sale.
Trustee company means a licensed trustee company within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth authorised by an Act of New South Wales to act as trustee.
Trustees for sale mean the persons holding property on trust for sale.
Valuable consideration includes marriage but does not include a nominal consideration in money.
War damage means damage caused by, or in repelling, enemy action, or by measures taken to avoid the spreading of the consequences of damage caused by, or in repelling, enemy action.
Will includes codicil.
Any deed, will, agreement for a settlement, or other agreement, Act, or other instrument, or any number of instruments, whether made or passed before or after, or partly before and partly after the commencement of the Conveyancing (Amendment) Act 1930, under or by virtue of which instrument or instruments any land on or after such commencement stands for the time being—
limited to or in trust for any persons by way of succession, or
vested in, or limited in trust for a minor in possession,
creates, or is for the purposes of this Act a settlement, and is in this Act referred to as a settlement, or as the settlement, as the case requires—
Provided that where land is the subject of a compound settlement references in this Act to the settlement shall be construed as meaning such compound settlement, unless the context otherwise requires.
Where a minor is beneficially entitled to land, and by reason of an intestacy or otherwise there is no instrument under which the interest of the minor arises or is acquired, a settlement shall be deemed to have been made by the intestate or by the person whose interest the minor has acquired.
An estate or interest not disposed of by a settlement and remaining in or reverting to the settlor, or any person deriving title under the settlor, is for the purposes of this Act an estate or interest comprised in the subject of the settlement and coming to the settlor or such person under or by virtue of the settlement.
In this Act, current plan means a Crown plan or a registered plan, but does not include so much of a Crown plan or registered plan as is taken not to form part of a current plan because of subsection (2), (3) or (4).
So much of a Crown plan or registered plan as merely identifies—
land that is proposed to be acquired, by agreement or compulsory process, under a provision of an Act (including a Commonwealth Act) that authorises the acquisition of the land by compulsory process, or
the residue of land of which part is proposed to be so acquired,
is taken not to form part of a current plan until such time as the land is so acquired.
So much of a Crown plan or registered plan as merely identifies—
land that is, or is proposed to be, leased (otherwise than for a period that, including the period of any option to renew, exceeds 5 years), or
land the subject of a plan of subdivision for lease purposes (within the meaning of Division 3B or 3C of Part 2), or
land the subject of a special purpose lease within the meaning of Division 5.7 of the Crown Land Management Act 2016,
is taken not to form part of a current plan.
So much of a Crown plan or registered plan as relates to land the subject of a later current plan (that is, a current plan that was filed or lodged with the Registrar-General after the Crown plan or registered plan was so lodged) is taken not to form part of a current plan.