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 | | |
________ | |
| | | | |
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 |
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 |
| | | | | |
ad = added or inserted | am = amended | rep = repealed | rs = repealed and substituted |
Provisions affected | How affected |
| | | | |
14 | ad | 13 , 1979 |
| am | 35, 1986 |
Schedule 1 | am | 31 , 1980 |
Schedule 4 | rs | 12 , 1969; 19 , 1980; 22, 1999 |
| am | 12, 1989 |
| | |
© Norfolk Island Government 2013
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.
