New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 33AAA

Cessation of issue of certificates of title

33AAA Cessation of issue of certificates of title

(1) The Registrar-General may, by order published in the Gazette, declare that the Registrar-General will cease to issue certificates of title under this Act on a specified day (the
"cessation day" ).
(2) The day specified as the cessation day under subsection (1) must be no earlier than the first day after the end of the period of 3 months beginning with the day on which the notice is published in the Gazette under that subsection.
(3) On and from the cessation day:
(a) the Registrar-General is no longer required to issue certificates of title under this Act, and
(b) in relation to any land where a person (other than the registered proprietor) has control of the right to deal in the land--the Registrar-General may, if the Registrar-General considers it appropriate to do so, make an entry in the folio of the Register for the land, in such form and manner as the Registrar-General considers appropriate, indicating the name of the person who the Registrar-General considers has control of the right to deal in the land, and
(c) a certificate of title previously issued has no force or effect for the purposes of a statutory requirement for the lodgment or production of a certificate of title that is imposed in connection with the registration of a matter, and
(d) a statutory requirement for the lodgment or production of a certificate of title that is imposed in connection with the registration of a matter is taken to be satisfied by the person recorded in the Register as the person having control of the right to deal in the land providing consent to the registration of the matter.
(4) The consent referred to in subsection (3) (d) must:
(a) be provided in the approved form and in the manner approved by the Registrar-General, and
(b) be signed (or, in the case of an electronic consent, digitally signed) by or on behalf of the person who has control of the right to deal in the land.
(5) The Registrar-General may assume that a person having control of the right to deal in the land who provides such consent to the registration of a matter has all necessary authority to provide it or to withdraw it.
(6) This section applies despite any other provisions of this Act (including sections 33-33AB) or any other law.
(7) In this section:

"electronic consent" means a consent contained in an electronic communication.

"statutory requirement" means a requirement made by or under this or any other Act.



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