Registration of caveat on application
20 Registration of caveat on application
Subject to this regulation, a caveat may relate to a caveatable interest.
An application for the registration of a caveat under this Part may be made by a person claiming a caveatable interest.
An application for the registration of a caveat—
must be in a form determined by the Minister; and
must be accompanied by the prescribed fee.
The Minister may require a person to provide evidence or other information, in a manner determined by the Minister, that relates to any interest or other matter that is relevant to an application under this regulation.
Without limiting subregulation (4), the Minister may require that a person applying for the registration of a caveat include a statutory declaration as to the truthfulness and accuracy of any matter specified by the person in the application.
If a caveat is registered without the express consent of the holder of the relevant entitlement, the Minister must notify the holder of the relevant entitlement of the registration of the caveat.
A notification under subregulation (6)—
will be made in a manner and form determined by the Minister;
and
must include advice about the processes available under regulation 23 to have the caveat removed.
Subject to the preceding subregulations, the Minister may register a caveat without inquiring into, or being concerned with, the legal effect of any instrument or agreement that relates to the interest being claimed under the caveat.
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