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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-06-03 Daily Xml
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LAND TITLE

In reply to the Hon. SANDRA KANCK (31 July 2007).

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning): The Attorney-General has provided the following information:

1. 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 Hansard record of the debates, to which no minister can usefully add anything.

The Minister for Infrastructure has provided the following information:

2. The Registrar-General has a duty under the Real Property Act 1886, to register any instrument that is, on its face, registrable.

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.

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.

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.

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.

The Minister for State/Local Government Relations has provided the following information:

3. 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.

The Attorney-General has provided the following information:

4. 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.

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