HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Member Index
House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-10-15 Daily Xml
Contents
Xml

Statutes Amendment (Planning, Infrastructure and Other Matters) Bill

Introduction and First Reading

The Hon. N.D. CHAMPION (Taylor—Minister for Housing and Urban Development, Minister for Housing Infrastructure, Minister for Planning) (15:53): Obtained leave and introduced a bill for an act to amend the Architectural Practice Act 2009, the Land and Business (Sale and Conveyancing) Act 1994, the Law of Property Act 1936, the Planning, Development and Infrastructure Act 2016, the Real Property Act 1886, the Residential Tenancies (Miscellaneous) Amendment Act 2023 and the State Development Coordination and Facilitation Act 2025. Read a first time.

Second Reading

The Hon. N.D. CHAMPION (Taylor—Minister for Housing and Urban Development, Minister for Housing Infrastructure, Minister for Planning) (15:54): I move:

That this bill be now read a second time.

In 2024, the Malinauskas Labor government released the South Australian Housing Roadmap, which established clear policy actions to address the housing crisis. The government continues to deliver on its Housing Roadmap commitments, which has resulted in the following outcomes—a few amongst many.

The government continues to deliver significant land releases in Concordia and Onkaparinga Heights. The Concordia code amendment, which was recently released, signed, has resulted in 10,000 new homes being rezoned and establishes a framework to deliver infrastructure from the outset before those homes are built.

The government has taken every step it can to address housing affordability through establishing the first-home buyer program and resolving housing supply shortages through significant infrastructure funding to SA Water.

The housing crisis affects us all and if the government can identify additional efficiencies to bring housing to the market quicker, then we will act. The changes proposed within the Statutes Amendment (Planning, Infrastructure and Other Matters) Bill 2025, drive significant efficiencies in the housing sector.

Firstly, there is the facilitation of technology and artificial intelligence to make planning decisions. This means that planning consents can be issued in a matter of minutes instead of weeks, and the enablement of electronic dealings for property and land division, and the Department for Housing and Urban Development has stated that these changes will save up to three months in time, and that is a significant opportunity for industry and home builders alike. Whilst this bill is about improving the current legislative framework for the housing sector, it also sets the framework for any future iterations of the Housing Roadmap.

The drafting of the Statutes Amendment (Planning, Infrastructure and Other Matters) Bill 2025 seeks to make changes to various acts within the planning, property and construction sectors. The bill proposes to amend the Architectural Practice Act 2009; the Land and Business (Sales and Conveyancing) Act 1994; the Law of Property Act 1936; the Planning, Development and Infrastructure Act 2016; the Real Property Act 1886; the Residential Tenancies (Miscellaneous) Amendment Act 2023; and the State Development Coordination and Facilitation Act 2025.

The key functions of these amendments are about streamlining processes and reducing administrative burdens where possible and, as part of this bill, amendments are proposed as follows. The Architectural Practice Act 2009 will be amended to allow the Government Architect to sit on the Architectural Practice Board for longer than the current maximum nine-year term. This is to resolve an issue where the Government Architect may be employed for a period longer than nine years, but is not permitted to sit on the practice board.

The Land and Business (Sales and Conveyancing) Act 1994 will be amended to allow the government to broaden the use of rent-to-buy schemes in appropriate circumstances following the successful pilot program from the South Australian Housing Trust.

The proposal to amend the Law of Property Act 1936 will allow for the use of electronic signatures to execute deeds, and this will result in a significant reduction in time to ensure that the dealings can be finalised in a matter of minutes, as opposed to days.

The proposed amendments to the Real Property Act 1886 enable electronic land division dealings, in line with the Housing Roadmap commitments. This proposed change will save up to three months in finalising these matters.

In addition, there are a number of key amendments to the Planning, Development and Infrastructure Act 2016. These changes include a proposal to enable the automated assessment of development applications through the SA Planning portal, which is a Housing Roadmap commitment. This proposed change will allow for technological advancements, such as artificial intelligence to be used for making decisions within the planning process.

The Department of Housing and Urban Development is currently undertaking a trial of this technology which is world-leading in its development. The productivity gains for adapting the use of AI means that a planning application can be approved in a matter of minutes, as opposed to a 9.5 working day average.

The Planning, Development and Infrastructure Act 2016 will be amended also to require a landowner to consent to a development application being lodged over their land. This proposed change will ensure greater transparency, especially given the increased use of automated assessments. Additionally, this change will offer greater protections to existing landowners by preventing planning applications being made over land they have no vested interest in.

Additional changes are proposed to the streamlining of functions relating to the State Planning Commission. This is to ensure that the commission can focus on more strategic statewide planning initiatives. These changes do not reduce the powers or role of the State Planning Commission, and the Minister for Planning can still seek the important and impartial advice of the commission as required.

The proposed amendments to the Planning, Development and Infrastructure Act 2016 enable the simplification of amending the Planning and Design Code by allowing the minister to initiate amendments without always seeking advice from the State Planning Commission. The minister can still seek the commission's advice, should it be required. These changes will ensure that there is a reduced administrative workload on the State Planning Commission due to the significant volume of code amendments entering our planning system. Additionally, these changes will ensure the reduction of assessment timeframes for these matters.

The proposed amendments to the Planning, Development and Infrastructure Act 2016 allow the minister to prepare a report to the Environment, Resources and Development (ERD) Committee of parliament without the advice of the State Planning Commission. Advice from the State Planning Commission will be sought when matters are complex or have resulted in significant community interest within the engagement process.

The bill seeks to amend provisions that specify that land division clearance may not occur unless SA Water has confirmed an allotment has been connected to water services or that there is a binding agreement in place in relation to the connection of water services. The amendment will allow for land division assessment to occur, but it will not be finalised until an agreement is reached for the connection of those services.

The bill will insert a new requirement in the act to mandate that local governments must prepare local area plans to support the implementation of regional plans that have been or are being prepared. The proposed amendment will ensure that there is an alignment between the Greater Adelaide Regional Plan and the strategic planning activities undertaken by local government. The Department for Housing and Urban Development will continue to work and partner with local government and the Local Government Association of South Australia to support these important strategic activities.

The bill seeks to improve processes associated with infrastructure schemes by providing a power of delegation for a scheme coordinator and allowing a basic infrastructure scheme to transition into a primary infrastructure scheme without needing to commence a new scheme from the beginning. Finally, the bill will also introduce minor and technical amendments that will improve the operation of the PDI Act. These will include inconsistencies between state and federal legislation, the recognition of First Nations people in the objectives of the act, and standardised language and terminology.

I would like to take the opportunity to thank key individuals who have contributed to the development of this bill. Firstly, I would like to thank the State Planning Commission and its members for the excellent strategic work that they undertake for the development of the South Australian planning system. I would particularly like to thank Craig Holden, the Chair. I would also like to thank the Department for Housing and Urban Development, led by David Reynolds, and, in addition, Marc Voortman and the team within the planning and building unit, who have continued to deliver significant policy reform to ensure that we, as a state, remain steadfast in our commitment to deliver the Housing Roadmap.

The government has listened to our stakeholders and industry in ensuring that these amendments build on the strong foundations of our property and planning legislative frameworks. The proposed amendments simplify building and development in South Australia and, more importantly, enable more South Australians to get into more homes. I commend the bill to the house and seek leave to have the explanation of clauses inserted in Hansard without reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Architectural Practice Act 2009

3—Amendment of section 7—Terms and conditions of membership

This amendment provides that the restriction on a member of the Architectural Practice Board of South Australia from holding office for more than 9 consecutive years does not apply to a member nominated by the Minister who is a public sector employee.

Part 3—Amendment of Land and Business (Sale and Conveyancing) Act 1994

4—Amendment of section 6—Abolition of instalment purchase or rental purchase arrangements

This amendment allows the regulations to prescribe a kind of contract for the sale of land in respect of which section 6 does not apply.

Part 4—Amendment of Law of Property Act 1936

5—Amendment of section 41—Execution and attestation of deeds

This clause inserts a new subsection to provide for the manner in which a deed may be created in electronic form and be electronically signed or sealed.

6—Amendment of section 41A—Easements without dominant land to be validly created

This amendment replaces the existing power of the Governor to declare by proclamation a body that may validly hold an easement over dominant land with a power of the Minister to do so by notice in the Gazette.

7—Transitional provision

This clause provides for a transitional provision consequential on the amendment in clause 6.

Part 5—Amendment of Planning, Development and Infrastructure Act 2016

8—Amendment of section 3—Interpretation

These amendments clarify that, for the purposes of the principal Act, an allotment does not include land that is unalienated Crown land or land alienated from the Crown otherwise than in fee simple to provide for consistency with the operation of the Real Property Act 1886 in respect of allotments.

9—Amendment of section 12—Objects of Act

This amendment provides that the scheme established by the principal Act is intended to recognise, protect and promote Aboriginal and Torres Strait Islander knowledge, culture and tradition.

10—Amendment of section 28—Disclosure of financial interests

This amendment requires a member of a committee established by the State Planning Commission to disclose their financial interests in the same way as a member of the Commission.

11—Amendment of section 42—Practice directions

This amendment provides that a practice direction issued by the State Planning Commission for the purposes of the principal Act may specify substantive requirements or steps in connection with any matter arising under that Act.

12—Amendment of section 48—SA planning website

These amendments clarify that other legislation may provide that an entity may publish a document on the SA planning portal.

13—Amendment of section 54—Protected information

This amendment removes the requirement for the Minister to take into account the advice of the State Planning Commission before issuing a direction with respect to prohibiting, restricting or limiting access to any document, instrument or material on the SA planning portal.

14—Amendment of section 71—Incorporation of material and application of instrument

This amendment removes the restriction on a regional plan providing that any matter or thing is to be determined, dispensed with or regulated according to the discretion of specified entities.

15—Amendment of section 73—Preparation and amendment

This clause removes the requirement for the Minister to act on the advice of the State Planning Commission before approving the specified entities initiating a proposal to amend a designated instrument.

It also requires the Minister to publish on the SA planning portal a copy of any advice furnished to the Minister by the State Planning Commission in the course of consultation conducted in accordance with section 73(10)(a) or (b) within the specified periods.

16—Amendment of section 74—Parliamentary scrutiny

This clause requires the Minister, rather than the State Planning Commission, to prepare a report to accompany the referral of a designated instrument to the ERD Committee and changes what must be set out in the report.

17—Amendment of section 75—Complying changes—Planning and Design Code

The amendment in subclause (1) removes the requirement for the Minister to seek the advice of the State Planning Commission before initiating or agreeing to an amendment to the Planning and Design Code.

The amendments in subclauses (2) and (3) allow amendments to the Planning and Design Code under section 75(1) and (2a) to comprise a change to the application of a zone or subzone (rather than just to their boundaries) or a change of a prescribed kind. The amendment in subclause (3) relies on an amendment to section 75 set out in the State Development Coordination and Facilitation Act 2025 commencing first.

18—Amendment of section 76—Minor or operational amendments

This clause allows the Minister to amend a designated instrument in order to provide consistency between the designated instrument and any provision of an Act of the Commonwealth that is prescribed by the regulations or in accordance with any plan, policy, standard, report, document or code that is prepared, adopted or applied under an Act of the Commonwealth.

It also removes the requirement for the Minister to consult with the State Planning Commission before making an amendment to a designated instrument under section 76.

19—Amendment of section 78—Early commencement

This clause removes the requirement for the Minister to consult with the State Planning Commission before acting under section 78(1).

It also removes the current provision that deals with the version of the Planning and Design Code, or a design standard, that an application must be assessed against while an amendment to such a document is in interim operation. Section 132 will now apply in such circumstances.

20—Amendment of section 80—Ministerial building standards

These amendments remove the requirements for the Minister to consult with the State Planning Commission before acting under section 80.

21—Amendment of section 82—Entities constituting relevant authorities

This amendment provides that the Chief Executive is a relevant authority in the circumstances referred to in section 242A (which is to be inserted by the measure).

22—Amendment of section 88—Accreditation scheme

This clause removes references to the Commissioner for Consumer Affairs in section 88.

23—Amendment of section 99—Related provisions

This amendment is consequential on the insertion of section 242A by the measure.

24—Amendment of section 102—Matters against which development must be assessed

This clause:

provides that a relevant authority must assess development against requirements applying under Part 15 Division 2 (other than under section 198) as part of granting planning consent;

allows the regulations to prescribe requirements relating to the provision of water supply and sewerage services that an application in relation to a proposed division of land must be assessed against;

clarifies that requirements applying under section 198 are relevant in relation to a proposed division of land;

allows a relevant authority to reserve its decision on a specified matter, or its decision to grant planning consent, until further assessment or consideration of the proposed development, or until an authority is granted or not granted, under an Act of the Commonwealth;

provides further guidance in relation to how consents may be granted;

makes some technical amendments.

25—Amendment of section 106—Deemed-to-satisfy assessment

This clause provides that proposed development in respect of which a design standard applies may be assessed as deemed-to-satisfy development if planning consent is granted subject to conditions requiring that the development be consistent with the design standard.

26—Amendment of section 107—Performance assessed development

This clause provides that if proposed development is to be assessed as code assessed development (but is not deemed-to-satisfy development) the development will be assessed on its merits against the Planning Rules (not just the Planning and Design Code).

It also allows the Planning and Design Code to provide that certain provisions of section 107 do not apply, or apply with specified modifications, in respect of a specified class of development.

27—Amendment of section 113—EIS process

These amendments:

require the Chief Executive (instead of the State Planning Commission) to undertake certain functions in the EIS process;

require the Minister to publish a proponent's response to matters raised and submissions referred to the proponent during the EIS process;

remove the requirement for certain documents to be kept available by the State Planning Commission for inspection and purchase.

28—Amendment of section 114—Amendment of EIS

This amendment replaces the requirement for the State Planning Commission to give notice of the place or places at which copies of an EIS and Assessment Report amended under section 114 are available for inspection and purchase with a requirement for the Chief Executive to publish such documents (with the amendments) on the SA planning portal.

29—Amendment of section 119—Application and provision of information

This amendment replaces the provision that clarifies that a person who is not the owner or occupier of land constituting the site of a proposed development may apply for the approval of the proposed development with a provision stating that an application may not be made by a person who is not the owner of the land constituting the site of the proposed development unless the owner has consented to the application being made, the applicant is a prescribed person or body, or a person or body of a prescribed class, or the application is an application of a prescribed class, or made in prescribed circumstances.

30—Amendment of section 120—Outline consent

This clause allows a relevant authority to reserve its decision on a specified matter, or its decision to grant an outline consent, until a particular circumstance or action has occurred (including further assessment of the relevant development).

The Planning and Design Code may specify matters that must be reserved on the application of the applicant. Any matter that is not fundamental to the nature of the relevant development may, subject to the Planning and Design Code, be reserved.

31—Amendment of section 122—Referrals to other authorities or agencies

This amendment changes the point at which a response from a prescribed body under section 122 must be published on the SA planning portal from as soon as is reasonably practicable after the response is received to as soon as is reasonably practicable after a decision on the application is made under Part 7.

32—Amendment of section 130—Essential infrastructure—alternative assessment process

This clause:

allows the Minister or State Planning Commission to, before an application is approved or refused, permit an applicant to vary the application if the essential nature of the proposed development is not changed;

allows the Minister to vary or revoke an approval or condition of an approval on the application of a person who has the benefit of the approval under section 130;

imposes a condition on an approval under section 130 that involves building work;

allows the Minister to determine that a certificate or approval under Part 11 is required in respect of the development;

provides that if an EIS must be prepared with respect to the development any amendment to the application is to be treated as an amendment under section 114.

33—Amendment of section 131—Development assessment—Crown development

This clause:

allows the Minister or State Planning Commission to, before an application is approved or refused, permit an applicant to vary the application if the essential nature of the proposed development is not changed;

allows the Minister to vary or revoke an approval or condition of an approval on the application of a person who has the benefit of the approval under section 131;

imposes a condition on an approval under section 131 that involves building work;

allows the Minister to determine that a certificate or approval under Part 11 is required in respect of the development;

provides that if an EIS must be prepared with respect to the development any amendment to the application is to be treated as an amendment under section 114.

34—Amendment of section 132—Law governing proceedings under this Act

The amendments in this clause:

provide that the application of section 132 is subject to the regulations;

clarify that the law in force as at the time the application was made includes the law as provided for in legislative instruments at that time;

provide that section 132(2) applies to the Planning Rules rather than just the Planning and Design Code.

35—Amendment of section 138—Land division certificate

This clause provides that a land division certificate must not, subject to the regulations, be issued unless the State Planning Commission is satisfied that SA Water has notified it that connections for the purposes of the provision of water supply and sewerage services in respect of each allotment the subject of the division of land exist, a binding agreement for the provision of such connections has been entered into by the applicant or SA Water is not responsible for the provision of water supply or sewerage services in relation to the land and any prescribed requirements are satisfied. It also makes some technical amendments.

36—Amendment of section 153—Temporary occupation

This amendment allows an approval of the council for temporary occupation of a building without a certificate of occupancy to be given only if the council is satisfied that the relevant building complies with any requirements prescribed by a practice direction issued for that purpose.

37—Amendment of section 154—Building certifiers

This amendment allows a building certifier to exercise the powers of a council under Part 11 Division 4 in relation to a building in circumstances prescribed by the regulations.

38—Amendment of section 160—Mining and renewable energy matters to be referred in certain cases to Minister

This amendment is consequential on other amendments in the measure.

39—Amendment of section 162—Interpretation

This amendment expands the definition of primary infrastructure that is to be inserted into the principal Act by the State Development Coordination and Facilitation Act 2025.

40—Amendment of section 163—Initiation of scheme—basic infrastructure

The amendments in this clause:

remove the requirement for the Minister to act on the advice of the State Planning Commission under section 163;

remove the requirement for the Minister to consult with the Commission before including other information in a draft outline of a scheme;

remove the requirement for the Minister to consult with certain persons in preparing a draft outline of a scheme;

replaces the requirement for the Minister to publish a draft outline in the Gazette with a requirement to give notice of the draft outline in the Gazette;

provide for greater consistency with section 163A that is to be inserted into the principal Act by the State Development Coordination and Facilitation Act 2025.

41—Amendment of section 163A—Initiation of scheme—primary infrastructure in relation to declared project area or designated growth area

These amendments provide for greater consistency with section 163.

42—Insertion of section 165A

This clause inserts section 165A as follows:

165A—Delegation

This section provides a delegation power for a scheme coordinator appointed under Part 13 Division 1.

43—Amendment of section 166—Consideration of proposed scheme

This clause provides that specified funding arrangements for the provision of infrastructure should be developed consistently with the principle that charges should be limited to recovering the reasonable costs relating to the infrastructure and sets out what such costs include. The amendment in subclause (1) relies on an amendment to section 166(2)(a) set out in the State Development Coordination and Facilitation Act 2025 commencing first.

44—Amendment of section 167—Adoption of scheme

This clause allows agreements or deeds that relate to the provision of infrastructure in relation to a relevant designated growth area or declared project area (as applicable) to be terminated by the Minister by notice published on the SA planning portal if a scheme under section 163 or 163A is adopted or a scheme under section 163 is varied under section 167A. It also sets out requirements relating to consultation and the agreement of certain parties and provides that compensation is not payable in relation to the termination.

45—Insertion of section 167A

This clause inserts section 167A as follows:

167A—Variation of basic infrastructure scheme to include primary infrastructure

This section allows the Minister to vary a basic infrastructure scheme so that it also provides for primary infrastructure on the recommendation of the scheme coordinator for the basic infrastructure scheme.

46—Amendment of section 168—Role of scheme coordinator in relation to delivery of scheme

This clause adds a new function for a scheme coordinator in relation to a scheme established under Part 13 Division 1. It further provides that no liability attaches to the scheme coordinator, the Minister or the Crown in relation to any advice provided in good faith under section 168 to a person proposing to apply for a development authorisation.

47—Amendment of section 169—Funding arrangements

This clause makes a minor amendment in relation to what a funding arrangement for an infrastructure scheme may include.

48—Amendment of section 198—Open space contribution scheme

This clause updates section 198(2) to clarify that the provision applies in relation to an applicant who has made an application for development authorisation that provides for specified matters and that land to be vested in a council or the Crown to be held as open space under an agreement referred to in the provision must not exceed 12.5% of the area of the land to be divided.

49—Amendment of section 202—Rights of review and appeal

This clause updates language in respect of the circumstances in which an applicant may apply to the relevant assessment panel for a review of, or appeal to the Environment, Resources and Development Court against, a prescribed matter.

50—Amendment of section 225—Civil penalties

These amendments remove the requirement for the State Planning Commission to ensure that specified information is published on the SA planning portal and the requirement for a council to be granted an authorisation by the Commission before acting under section 225.

51—Amendment of section 230—Enforceable voluntary undertakings

These amendments remove the requirement for the State Planning Commission to publish specified notices on the SA planning portal and the requirement for a council to be granted an authorisation by the Commission before acting under section 230.

52—Insertion of section 242A

This clause inserts section 242A as follows:

242A—Use of equipment or computers to make decisions

This section allows an approved system (being any equipment, computer, software or another mechanical or electronic device or process of a class or kind approved by the Chief Executive) to be used to perform specified functions under the principal Act, or do other things, including performing assessments and granting consents under section 102, granting development authorisations and giving notice of decisions. Anything done, determined or created by an approved system will be taken to have been done, determined or created by the Chief Executive.

53—Insertion of section 245A

This clause inserts section 245A as follows:

245A—Local Area Plans

This section requires a council to prepare a report (to be referred to as a Local Area Plan) to address specified matters, including strategic planning issues within the area of the council with particular reference to any regional plan that applies in respect of the area of the council, and to contain specified material. It sets out requirements in relation to the preparation, review, approval and publication of a Local Area Plan.

54—Amendment of Schedule 1—Disclosure of financial interests

The amendments in this clause add committees and subsidiaries established by the State Planning Commission and a joint planning board to the definition of designated entity for the purposes of Schedule 1.

55—Amendment of Schedule 3—Codes of conduct and professional standards

The amendments in this clause:

provide that a code of conduct adopted by the Minister to be observed by members of the State Planning Commission extends to members of a committee or subsidiary established by the Commission;

provide that a code of conduct adopted by the Minister to be observed by members of a joint planning board extends to members of a committee or subsidiary established by the board;

clarify that a code of conduct adopted by the Minister to be observed by members of an assessment panel applies to members of a State Planning Commission assessment panel;

remove the requirement for the Minister to take steps to consult with the Commissioner for Consumer Affairs before adopting or varying a code of conduct to be observed by accredited professionals.

56—Transitional provisions

This clause provides for transitional provisions consequential on the amendments in clauses 27 and 35.

Part 6—Amendment of Real Property Act 1886

57—Amendment of section 3—Interpretation

The amendment in subclause (1) inserts a new definition of execution for the purposes of the Act. The amendments in subclauses (2) and (3) consequentially delete the definition of sign (which is now to be incorporated into the definition of execution). Subclause (3) also inserts a new subsection (3) to allow the Minister by notice in the Gazette to specify that a particular application or instrument may be lodged electronically, despite section 7 of the Electronic Conveyancing National Law.

58—Amendment of section 39—Caveat against bringing land under Act

This amendment is technical.

59—Amendment of section 41—Applicant may withdraw his application

The amendments in this clause are consequential on the deletion of the definition of signing and make a number of other technical amendments.

60—Substitution of section 42

This clause substitutes section 42 as follows:

42—Documents of title submitted with application

The proposed section recasts section 42, preserving the requirement for the Registrar-General to retain documents of title, but extending the ability of these documents to be produced to a person if they have been held by the Registrar-General for more than 80 years.

61—Amendment of section 55—Non-compliant documents may be registered or recorded

This amendment is consequential on the deletion of the definition of signing.

62—Amendment of section 69—Title of registered proprietor indefeasible

This amendment is consequential on the deletion of the definition of signing.

63—Amendment of section 80B—Application requirements

This amendment is consequential on the deletion of the definition of signing.

64—Amendment of section 96—Transfers

The amendment in subclause (1) deletes an obsolete requirement from the section. The amendment in subclause (2) is consequential on the deletion of the definition of signing.

65—Amendment of section 105—Sale under writ of fieri facias or decree, warrant or order of court

This amendment is consequential on the deletion of the definition of signing.

66—Amendment of section 143—Discharge of mortgages and encumbrances

This amendment inserts a new subsection to clarify that if certification under section 273(1) is provided by a mortgagee in relation to an instrument discharging a mortgage, the instrument will be taken to have been executed by the mortgagee.

67—Amendment of section 147—Cancellation of registration of mortgage by Registrar-General

This amendment is consequential on the deletion of the definition of signing.

68—Amendment of section 150—Transfer of mortgage, lease and encumbrance

This amendment inserts a new subsection to clarify that if certification under section 273(1) is provided by a mortgagee in relation to a transfer, the instrument will be taken to have been executed by the mortgagee.

69—Amendment of section 157—Revocation of power of attorney

This amendment is consequential on the deletion of the definition of signing.

70—Amendment of section 191—Caveats

The amendments in this clause extend the ability for an address for service of a caveat to include an email address and make a number of other technical amendments.

71—Amendment of section 220—Powers of Registrar-General

The amendments in this clause update an obsolete reference and make a technical amendment.

72—Amendment of section 223LA—Interpretation

The amendments in subclauses (1) and (2) update obsolete references. The amendment in subclause (3) is consequential on the deletion of the definition of signing.

73—Amendment of section 223LD—Application for division

The amendment in subclause (1) extends the ability of an application for division to be made not only by the registered proprietor of land but in addition, in the case of an application made pursuant to an order of a court, by the registrar of the court or a person directed by the court to make the application. The amendment in subclause (2) is consequential on the deletion of the definition of signing.

74—Amendment of section 223LDA—Application may deal with statutory encumbrances

This amendment is consequential on the deletion of the definition of signing.

75—Amendment of section 223LH—Consent to plans of division

The amendments in this clause are consequential on the deletion of the definition of signing and make a number of other technical amendments.

76—Amendment of section 223LJ—Amalgamation

This amendment is consequential on the deletion of the definition of signing.

77—Amendment of section 246—Unregistered instruments to confer claim to registration

The amendments in this clause are consequential on the deletion of the definition of signing and make a technical amendment.

78—Amendment of section 247—Informal documents may be registered

This amendment is consequential on the deletion of the definition of signing.

79—Repeal of section 266

This clause repeals an obsolete section.

80—Amendment of section 267—Witnessing of instruments

The amendment in subclause (1) makes clear that the witnessing requirements set out in the section apply only to circumstances requiring the personal signing of a document. The amendments in subclauses (2), (3) and (4) are technical in nature.

81—Amendment of section 276—Service of notices

The amendment in this clause extends the ability of documents to be served by providing that they may be served electronically.

82—Amendment of Schedule 3—Caveat forbidding lands to be brought under the Real Property Act 1886

This amendment is technical.

83—Repeal of Schedule 17

This clause repeals an obsolete provision.

Part 7—Amendment of Residential Tenancies (Miscellaneous) Amendment Act 2023

84—Amendment of Schedule 1—Related amendments

This clause deletes an amendment in this Act consequential on other amendments in the measure.

Part 8—Amendment of State Development Coordination and Facilitation Act 2025

85—Amendment of section 31—Impact assessed development

These amendments are consequential on other amendments in the measure.

Debate adjourned on motion of Mr Teague.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT