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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2324 ..

MR HUMPHRIES (continuing):

The effect of a caveat is that, while a caveat remains in force prohibiting the registration of a document, the Registrar-General shall not register the document, unless the court otherwise orders. Thus, while a caveat may protect the rights of a person, it does not enlarge or add to those rights. The primary purpose of a caveat is not to give notice of the claim being made by the person lodging the caveat, but rather to protect the caveator's interest from being defeated by the registration of a dealing without the caveator having had the opportunity of approaching a court for an order to protect the interest claimed in the caveat. The proposed provision that a caveat may be lodged which does not affect the registration of certain instruments is in line with existing New South Wales legislation.

With regard to easements, a number of problems arise because either there are no appropriate provisions in existence or existing provisions are inadequate. For instance, no provisions presently exist to allow for the variation of registered easements or the disposal of registered easements which are no longer required. It is also not possible for a proprietor to give an easement in favour of one block over another where she or he owns both. The proposed amendments - based largely upon the Queensland Land Title Act 1994 - overcome these and other deficiencies relating to easements in the existing legislation. As I indicated at the outset, many of the proposed amendments are of a housekeeping or technical nature. Others tidy up the existing legislation by removing obsolete or unnecessary sections or words, while others again replace sexist language with gender neutral terms.

I wish to place on record my appreciation of the contribution made by members of the Law Society of the ACT in making themselves available to discuss in detail with officers of my department the proposed amendments to the Act. I also wish to acknowledge the contribution made by Credit Union Services Corporation (Australia) Ltd to the amending legislation. I am confident that this Bill, when passed, will facilitate the work of all those who are currently engaged in the conveyancing industry in the ACT. I commend the Bill to the Assembly.

Debate (on motion by Mr Berry) adjourned.


MR HUMPHRIES (Attorney-General) (11.18): Mr Speaker, I present the Land Titles (Consequential Amendments) Bill 1995, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: Mr Speaker, I move:

That this Bill be agreed to in principle.

The purpose of the Land Titles (Consequential Amendments) Bill 1995 is to amend certain laws of the ACT consequent on the enactment of the Land Titles (Amendment) Bill 1995, which I have just introduced. This amending Bill is necessary because the title of the principal Act has been changed in the Land Titles (Amendment) Bill 1995.

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