Planning, Development and Infrastructure Act 2016

While a charge exists over real property, the Registrar‑General must not register an instrument affecting the property unless—

the instrument was executed before the charge was created or relates to an instrument registered before the charge was created; or

the instrument is an instrument of a prescribed class; or

the

Minister consents to the registration in writing; or

the instrument—

is expressed to be subject to the charge; and

is not a conveyance that relates to the transfer or sale of the real property to a purchaser who intends to occupy the real property for residential purposes; or

the instrument is a duly stamped conveyance that relates to the transfer or sale of the real property under section 175.

An instrument registered under subsection

(a), (b) or (c) has effect, in relation to the charge, as if it had been registered before the charge was created.

If an instrument is registered under subsection

(e), the charge will be taken to be cancelled and the

Registrar‑General must make the appropriate entries to give effect to the cancellation.