Land Titles Act 1993 · 2020 Revised Edition · Part 15 · Statutory Acquisition and Sale
142. Statutory obligations
Feedback & supportLast amended by an amending law of 2014.
For the purposes of this section, “statutory obligation” means —
any charge on land; and
any order, award, determination, notification, resolution, by‑law or proclamation affecting the title to or restricting or otherwise affecting the user of land or prescribing or authorising any act or thing to be done on land,under the provisions of any written law or regulations made thereunder, and which is intended to bind successive owners of the land.
A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the approved form.
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
The Registrar must give effect to the statutory obligation by entering a notification of the particulars thereof on the relevant folio or other document of title claimed to be affected by the statutory obligation, and on the document of title if produced for that purpose.
The notification of an instrument of statutory obligation does not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
Nothing in this section affects the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $500 or 10% of the value of the land on which it is charged.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
Where any money due under a statutory obligation is in arrears, there may be added to the amount due the costs of notification of an instrument of statutory obligation.
This section does not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made under section 172.