<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2008-06-03" />
  <sessionName>Fifty-First Parliament, Second Session (51-2)</sessionName>
  <parliamentNum>51</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="2971" />
  <endPage num="3052" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Answers to Questions</name>
    <subject>
      <name>Land Title</name>
      <text id="20080603ce8fb61f4bd649a3b0000369">
        <heading>LAND TITLE</heading>
      </text>
      <talker role="member" id="625" kind="question">
        <name>The Hon. SANDRA KANCK</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2008-06-03">
            <name>LAND TITLE</name>
          </question>
        </questions>
        <text id="20080603ce8fb61f4bd649a3b0000370">In reply to <by role="member" id="625">the Hon. SANDRA KANCK</by> (31 July 2007).</text>
      </talker>
      <talker role="member" id="574" kind="answer">
        <name>The Hon. P. HOLLOWAY</name>
        <house>Legislative Council</house>
        <electorate id="">Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning</electorate>
        <questions>
          <question date="2008-06-03">
            <name>LAND TITLE</name>
          </question>
        </questions>
        <text id="20080603ce8fb61f4bd649a3b0000371">
          <by role="member" id="574">The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning):</by>  The Attorney-General has provided the following information:</text>
        <text id="20080603ce8fb61f4bd649a3b0000372">1.&amp;#x9;The member is enquiring after the motivation of an earlier parliament in enacting a particular measure in 1994. I can only refer the member to the <term>Hansard</term> record of the debates, to which no minister can usefully add anything.</text>
        <text id="20080603ce8fb61f4bd649a3b0000373">The Minister for Infrastructure has provided the following information:</text>
        <text id="20080603ce8fb61f4bd649a3b0000374">2.&amp;#x9;The Registrar-General has a duty under the <term>Real Property Act 1886</term>, to register any instrument that is, on its face, registrable.</text>
        <text id="20080603ce8fb61f4bd649a3b0000375">The development was carried out by the owner of the land in accordance with legislative requirements at the time. The documentation lodged with the Registrar-General in relation to the land at Keyneton appeared on its face to comply with the requirements of the Real Property Act, and were consequently registered.</text>
        <text id="20080603ce8fb61f4bd649a3b0000376">Purchasers before entering into any contact to purchase should take appropriate steps to ensure they are fully aware of the end result of any development. </text>
        <text id="20080603ce8fb61f4bd649a3b0000377">The Registrar-General in 1992 responded to an Ombudsman's enquiry in relation to the delineation of the right. Advice was sought from the Crown Solicitors office into the ability of the Registrar-General to amend the delineation of the right to the position actually occupied by that right. The opinion of the Crown Solicitor was that the Registrar-General should not amend the position, unless all parties were in agreement. To date no further action has been taken to amend the delineation of the right.</text>
        <text id="20080603ce8fb61f4bd649a3b0000378">The matter raised by the constituent as to whether the creation of the rights complied with the common law principles never arose, as rights were created under the Real Property Act to separate legal entities.</text>
        <text id="20080603ce8fb61f4bd649a3b0000379">The Minister for State/Local Government Relations has provided the following information:</text>
        <text id="20080603ce8fb61f4bd649a3b0000380">3.&amp;#x9;The relevant legislation is committed to the Attorney-General and there are no powers available to the Minister for State/Local Government Relations to act on this matter.</text>
        <text id="20080603ce8fb61f4bd649a3b0000381">The Attorney-General has provided the following information:</text>
        <text id="20080603ce8fb61f4bd649a3b0000382">4.&amp;#x9;The m ember's explanation does not make clear what this situation is or how it is causing hardship. If there is a legal difficulty about the easements over the subdivided land to which the member refers, then the affected owners should seek legal advice without delay. I do not intend to offer legal or other advice to the Mid Murray Council. The council is at liberty to seek its own advice.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>