Northern Territory Repealed Regulations

This legislation has been repealed.

REAL PROPERTY REGULATIONS

NORTHERN TERRITORY OF AUSTRALIA

REAL PROPERTY REGULATIONS

As in force at 11 December 1998

TABLE OF PROVISIONS

Regulation

1. Citation

2. Commencement

3. Forms to be used

4. Supplementary provisions

5. Attestation

6. Sale pursuant to statutory charge

7. Transitional

SCHEDULE 1

SCHEDULE 2

Notes

Table of Amendments

NORTHERN TERRITORY OF AUSTRALIA

____________________________

REAL PROPERTY REGULATIONS

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NOTE - THIS REPRINT SHOWS THE REGULATIONS AS IN FORCE AT 11 DECEMBER 1998. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.

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1. CITATION

These Regulations may be cited as the Real Property Regulations. (See back note 1)

2. COMMENCEMENT

These Regulations shall come into operation on the commencement of the Real Property Amendment Act 1988.

3. FORMS TO BE USED

(1) The Forms set out in Schedule 2 are to be used for the purposes of the Act by reference to and in accord-ance with this regulation and the Table in Schedule 1.

(2) A certificate of title shall be in Form 1.

(3) For the purposes of -

(a) effecting a dealing described in column 2 of the Table;

(b) effecting such a dealing in a capacity or circum-stances so described;

(c) making an application to the Registrar-General for a purpose so described; or

(d) giving to, or lodging with, the Registrar-General an authorization, direction notice or memorandum so described,

such one of the forms as is indicated in column 3 of the Table is to be used.

(4) A person requiring the Registrar-General to do for the purposes of or in connection with the Act anything not described in column 2 of the Table must make an appli-cation in that behalf in Form 52.

(5) An annexure sheet to any instrument must be in Form 53.

(5A) A grant of -

(a) an estate in fee simple in Crown land under section 14 of the Crown Lands Act shall be in Form 54;

(b) a lease of Crown land shall be in Form 55.

(5B) A notice for the purposes of section 56F(1) of the Taxation (Administration) Act shall be in Form 56.

(6) The requirements of this regulation are satis-fied by the use of a form to the effect of the appropriate form as set out in Schedule 2.

4. SUPPLEMENTARY PROVISIONS

(1) A form in Schedule 2 must be completed in accordance with the notices included in the form.

(2) An instrument lodged with the Registrar-General must be on paper which -

(a) is of International Paper Size A4 (that is to say, measuring 297 mm by 210 mm);

(b) has a weight of 80 gsm;

(c) is not transparent; and

(d) is capable of satisfactory use in a facsimile machine.

(3) The Registrar-General has power, if he considers it reasonable to do so in the circumstances of a particular case, to accept an instrument for registration notwithstanding that it fails in any respect to comply with the requirements of subregulations (1) and (2).

5. ATTESTATION

For the purposes of section 267 of the Act, the persons who may attest the execution of an instrument by an individual are -

(a) a Commissioner for Oaths;

(b) a legal practitioner within the meaning of the Legal Practitioners Act;

(c) a member of the Legislative Assembly;

(d) a person holding an office under the Supreme Court Act, the Justices Act, the Local Court Act or the Registration Act;

(e) a member of the Police Force;

"(f) an agent as defined in the Agents Licensing Act;".

(g) a Notary Public.

1. SALE PURSUANT TO STATUTORY CHARGE
   

(1) Before a person entitled to the benefit of a statutory charge exercises the power of sale pursuant to the charge, the person shall -

(a) fix a time (being not more than 6 months and not less than 28 days from the publication in the newspaper of the advertisement referred to in paragraph (b)) and a place for the sale;

(b) give notice of the proposed sale by means of an advertisement published in the Gazette and in at least one local newspaper;

(c) take reasonable steps to ascertain the identity of any person who has a registered interest in the land; and

(d) take reasonable steps to notify each such person in the prescribed form, of the intention of the person entitled to the benefit of the statutory charge to sell the land under the Act.

(2) A sale of land carried out upon the exercise of a power of sale, granted under the Act, to a person entitled to the benefit of a statutory charge shall be by way of sale by auction, within the meaning of the Auctioneers Act.

(3) If any land is not sold by auction pursuant to sub-regulation (2), the person entitled to the benefit of the statutory charge may either sell the land at a subsequent auction or else sell the land by private contract.

(4) A person exercising a power of sale pursuant to a statutory charge shall, subject to any other provisions of these Regulations or the Act take reasonable care to ensure that the land or interest in land is sold at the market value.

(5) If, before the sale, all statutory charges on the land, together with all costs relating to the registration of the statutory charge or to the proposed sale, are paid or an arrangement satisfactory for payment is entered into by the registered proprietor of the land, over which a statutory charge is registered, the sale shall be cancelled.

7. TRANSITIONAL

(1) Notwithstanding these Regulations, the Registrar-General shall, for the period of 6 months beginning with the date on which they come into operation, continue to accept for the purposes of the Act any instrument which is in a form required or permissible for those purposes before that date.

(2) Where an instrument is accepted by the Registrar-General pursuant to subregulation (1), it shall be treated for the purposes of item (1) in Schedule 3 as if it were an instrument in the appropriate form as set out in Schedule 2.

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SCHEDULE 1

Regulation 3(1)

TABLE OF FORMS

Section Description of Instrument Form

(if any)

56A Variation of priority 2

- Grant of easement in gross 3

- Extinguishment of easement in gross 4

96 Transfer of land 5

1. 96 Transfer by lender exercising power of sale 6

96 Transfer by receiver exercising power of sale 7

96 Transfer not executed by the buyer 8

96 Grant of right of way 9

96 Grant of easement other than right of way 10

- Extinguishment of right of way or other 11

easement

105 Application to register warrant, decree or 12

order for sale

- Application to register court order other 13

than order for sale or vesting of land

- Withdrawal of warrant or order, and appli- 14

cation to have recorded

107 Transfer under warrant, decree or order 15

109 Application to note satisfaction of warrant, 16

decree or order

113 Application to register statutory vesting 17

116 Lease 18

116 Sub-lease 19

120 Surrender of lease or sub-lease 20

121 Application to register surrender of lease 21

126 Application to note particulars of re-entry 22

128 Mortgage 23

128 Encumbrance 24

143 Discharge of mortgage 25

143 Discharge of encumbrance 26

145 Application to enter satisfaction of annuity 27

150 Transfer of mortgage, encumbrance or lease 28

151A(1) Application to carry forward registered 29

interests

151A(2) Application to add to registered interests 30

151A(2) Application to diminish registered interests 31

153 Variation of mortgage or encumbrance 32

153 Variation of lease or sub-lease 33

164 Authorization to note no survivorship 36

176 Transmission application by personal 37

representative

185A Application to note vesting order under 38

Encroachment of Buildings Act

188 Application to note death by surviving 39

proprietor

191-I Caveat 40

191-V Application to remove caveat 41

191-VIII Notice of withdrawal of caveat 42

191A Memorandum for purposes of caution notice 43

191B Memorandum for purposes of statutory 44

restrictions notice

191C Direction to withdraw statutory restrictions 45

notice

220(4A) Application to note change of name 46

220(4A) Application to note change of address 47

220(9) Application to dispense with production of 48

duplicate instrument

220A Application to replace lost, mislaid or 49

destroyed certificate

265A(1) Memorandum of common provisions 50

- Application to note notice under s. 32(1) 51

(b)(iv), Lands Acquisition Act, of proposal

to acquire compulsorily

- Application to note compulsory acquisition 51

- Application to amend survey diagram 51

- Application to note cancellation of title 51

pursuant to s. 14A, Crown Lands Act

- Application for separate titles 51

- Application to note determination of Crown 51

Lease

- Application to note memoranda of agreement 51

- Application to note foreclosure 51

- Application to note lien, cessation of lien 51

or withdrawal of lien

- Application to note road closure 51

- Application to note appointment of new 51

trustees

142A(2) Notice of exercise of power of sale pursuant 57

to statutory charge

142A(2) Notice of exercise of power of sale pursuant 58

to statutory charge

- Notice of exercise of power of sale pursuant 59

to statutory charge

142A(4)(a) Notice of exercise of power of sale pursuant 60

to statutory charge

48A(1) Application to register statutory charge 61

143(2) Cancellation of the registration of 62

statutory charge

143(3) Application to remove a statutory charge 63

or encumbrance from the Register

143(3) Objection to the removal of a statutory 64

charge or encumbrance

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SCHEDULE 2

FORM 1 Regulation 3(1)

Section 73

DATE ISSUED REGISTER BOOK

REGISTRAR—GENERAL Volume Folio

Northern Territory Of Australia

CERTIFICATE OF TITLE

LAND: LOT LOCATION PLAN AREA

RIGHTS INCLUDED:

OWNER(S):

AS:

ADDRESS FOR SERVICE OF DOCUMENTS:

MORTGAGES, ENCUMBRANCES, LIENS AND INTERESTS:

Date Registered Dealing No. Description

______________________

FORM 2 Section 56A

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ....................... AT .................................................

BY ....................... CORRECTION TO .........................

FEE ..................... RECEIPT .......................................

DUPLICATE TITLE TO ................................................

VARIATION OF PRIORITY

The priority between themselves of the mortgages (or encumbrances or mortgages and encumbrances) affecting the land described is varied as follows: (NOTES 1-3)

1. Mortgage (or encumbrance) No. to

shall rank first in priority.

2. Mortgage (or encumbrance) No. to

shall rank second in priority.

(NOTE 5)

3. Mortgage (or encumbrance) No. to

shall rank third in priority.

4. Mortgage (or encumbrance) No. to

shall rank fourth in priority.

.............................................

Signed by the *lender/encumbrancee

on (Date) ..............................

In the presence of

.............................................

.............................................

Signed by the *lender/encumbrancee

on (Date) ..............................

In the presence of

.............................................

(NOTES 2,6, 7 & 9)

SCHEDULE OF NOTES

1. Variations of priority of mortgages or encumbrances should be lodged as an original only. The document must be typed or completed in ink or biro.

2. All signatures must be in ink or biro.

3. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

4. Volume and Folio references must be given.

5. The L.T.O. numbers of the mortgage/encumbrance and the names (lender/encumbrancee) must be entered here. Production of the mortgage/encumbrance is not required. The only mortgages to be listed are those whose priorities are being altered (including any intervening mortgages or encumbrances).

6. All lenders/encumbrancees must sign. There is no need for a signature by the owner of the land.

7. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their own signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act. licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

8. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the lender/encumbrancee.

9. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 3

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO ....................................

GRANT OF EASEMENT

IN GROSS

The owner of the land grants to the authority or person specified below the easement for the value described below subject to the conditions set out on the back page. (NOTES 1-4)

AUTHORITY OR PERSON(NOTE 7)

VALUE(NOTE 8)

CONDITIONS

(NOTE 12)

1. This easement is an easement for the purposes of Sections 36EA, 36EB and 36F of the Crown Lands Act.

2. The conditions are those set out in Schedule 2 of the Crown Lands Act.

3. To comply with the provisions contained in Memorandum of Common Provisions recorded in the Register as L.T.O. No

4. Additional conditions

SCHEDULE OF NOTES

1. This form must be used for a Grant of an Easement in Gross. Rights of way or Grants of Easement to a dominant tenement must be completed in the appropriate forms (Forms 9 and 10).

2. Grants may be lodged as an original only and must be typed or completed in ink or biro.

3. The document must show the imprint of the Commissioner of Taxes.

4. If there is insufficient in any panel use the space above or an annexure sheet (Form 53).

5. Volume and Folio references must be given.

6. A summary of the easement (i.e. "sewerage easement") and a plan reference (i.e. shown on plan S89/123) must be shown. If it is wished to use the short form words for the easements set out in the Crown Lands Act then the precise descriptive words should be used (i.e. Sewerage Easement, Water Supply Easement, Drainage Easement, Electricity Supply Easement, Electronic Communications Easement, Energy Supply Easement or General Service Easement). For easements not shown in Schedule 2 of the Crown Lands Act the panel "Conditions" above must be completed and Condition 2 should be deleted.

7. Name only (e.g. Northern Territory of Australia, Power and Water Authority, Darwin City Council).

8. Set out the value of the easement.

9. Print and sign the name of the owner.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

10. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the delegate of the Authority.

11. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

12. These conditions are meant as a guide only and may be altered to suit the circumstances.

______________________

FORM 4

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO ....................................

EXTINGUISHMENT OF

EASEMENT IN GROSS

The owner of the easement for the value expressed extinguishes the easement over the land specified. (NOTES 1—3)

VALUE

(NOTE 7)

SCHEDULE OF NOTES

1. The form is to be lodged as an original and must be typed or completed in ink or biro.

2. The imprint of the Commissioner for Taxes must be shown.

3. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

4. A short description (e.g. Sewerage Easement to Power and Water Authority) will normally be sufficient. In certain circumstances a survey plan may need to be annexed or referred to. If the easement was originally created by an instrument that LTO number should also be shown.

5. Volume and Folio of current title is essential.

6. Name only (e.g. Northern Territory of Australia).

7. The amount paid or the amount in dollars as valued.

8. Print and sign the name (including the name of any delegate of any government organisation).

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

9. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the owner (if more than one owner all must sign).

10. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 5 Section 96

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ............................. AT ..........................................

BY .............................. CORRECTION TO .................

FEE ............................ RECEIPT ...............................

DUPLICATE TITLE TO ...............................................

TRANSFER OF LAND

The seller in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments affecting the land including any created by dealings lodged for registration prior to the lodging of this transfer and the buyer accepts this transfer. (NOTES 1-4)

SCHEDULE OF NOTES

1. This form must be used for all simple transfers by the owner other than —

(a) transfers by a mortgagee exercising power of sale (Form 6)

(b) transfers creating or reserving easements (Form 9 or 10)

(c) transfer by a receiver (Form 7)

(d) transfer pursuant to a court order (Form 15)

(e) transfer of mortgage, encumbrance or lease (Form 28)

For those transfers the appropriate form must be used.

If the words "Buyer" and "Seller" are considered inappropriate other words may be used.

2. Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).

3. All signatures must be in ink or biro.

4. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

5. Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.

6. The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).

7. Insert full name. Address is not required.

8. Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.

9. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

10. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).

11. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 6 Section 96

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................................... AT ..................................................

BY ...................................... CORRECTION TO ..................

FEE .................................... RECEIPT ....................................

DUPLICATE TITLE TO ............................................................

TRANSFER BY LENDER

EXERCISING POWER OF SALE

The lender being the proprietor of the mortgage listed below in exercise of the power of sale conferred by the Real Property Act and in consideration of an agreement with the buyer transfers to the buyer the land described and valued below subject to the mortgages, encumbrances and other instruments affecting the land including all leases registered subsequent to the mortgage and to which the lender has consented and the buyer accepts this transfer. (NOTES 1-3)

BUYER

Name:

Address for the service

of notices:

(NOTE 8)

SCHEDULE OF NOTES

1. Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).

2. All signatures must be in ink or biro.

3. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

If the words "lender" and "buyer" are considered inappropriate other words ("mortgagee", "transferee") may be used.

4. The Mortgage must also be produced and cannot be discharged.

5. Volume and Folio references must be given.

6. The value of the estate or interest transferred must be expressed as an amount of money. Where the value stated does not reflect the value of the estate or interest transferred, the Commissioner for Taxes will usually require evidence of the value.

7. Insert full name. Address is not required.

8. Insert full name and an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. Additional addresses may be specified. In this case the form should be adapted so that it is clear to whom each address relates.

9. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

10. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).

11. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 7 Section 96

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................................... AT ..................................................

BY ...................................... CORRECTION TO ..................

FEE .................................... RECEIPT ....................................

DUPLICATE TITLE TO ............................................................ TRANSFER BY RECEIVER

EXERCISING POWER OF SALE

The seller pursuant to the power of sale described below and in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments set out below. (NOTES 1-4)

SELLERName only:

(NOTE 8)

BUYER

Name:

Address for the service

of notices:

(NOTE 9)

SCHEDULE OF NOTES

1. This form must be used for transfer by a receiver appointed pursuant to a security document.

2. Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).

3. All signatures must be in ink or biro.

4. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

5. Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.

6. The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).

7. Insert details of the instrument in other document authorizing the power of sale.

8. Insert full name. Address is not required.

9. Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.

10. Set out the instruments that have a priority over this dealing so as to remain on this title after the registration of this transfer.

11. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

12. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).

13. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 8 Section 96

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO ....................................

TRANSFER

NOT EXECUTED BY THE BUYER

The seller in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments affecting the land including any created by dealings lodged for registration prior to the lodging of this transfer and the buyer accepts this transfer. (NOTES 1—4)

BUYERName:

Address for the service

of notices:

(NOTE 8)

SCHEDULE OF NOTES

1. This form must be used for all transfers by the owner where the Registrar-General has directed that the transfer is not required to be executed by the purchaser.

If the words "Buyer" and "Seller" are considered inappropriate other words may be used.

2. Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).

3. All signatures must be in ink or biro.

4. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

5. Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.

6. The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).

7. Insert full name. Address is not required.

8. Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.

9. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

10. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).

11. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 9 Section 96

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO .................................... GRANT OF RIGHT OF WAY

The owner of the land to be burdened by the right of way in consideration of an agreement with the owner of the land receiving the benefit of the right of way hereby transfers and grants to the owner of the land receiving the benefit of the right of way a free and unrestricted right of way described and valued below over the burdened land subject to the mortgages, encumbrances and other instruments affecting that land including any created by dealings lodged for registration prior to the lodging of this instrument and the owner of the land receiving the benefit of the right of way accepts this grant subject to any terms and conditions set out on the back of this document. (NOTES 1-4)

OWNER OF THE LAND BURDENED BY THE RIGHT OF WAY

(NOTE 7)

CONDITIONS (NOTE 12)

1. The right of way includes the rights (if any) set out below together with a free and unrestricted right of way (as set out in section 89 of, and Schedule 5 to, the Real Property Act.).

2. The provisions of section 36F of the Crown Lands Act, apply to this right of way.

3. To comply with the provisions contained in the Memorandum of Common Provisions recorded in the Register as LTO No............................

4. Additional conditions:

SCHEDULE OF NOTES

1. This form must be used for any transfer and grant by the registered proprietor of a right of way. For the grant of an easement in gross Form 3 should be used.

2. Grants may be lodged as an original only and must be typed or completed in ink or biro, and must show the imprint of the Commissioner of Taxes.

3. All signatures must be in ink or biro.

4. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

5. Volume and Folio references must be given. The certificates of title for both the dominant and the servient tenements must be lodged.

6. Set out the amount (in figures).

7. Insert full name. Address is not required.

8. A survey plan must be annexed or referred to (if already deposited). Any special rights or conditions should be included on the back of this form.

9. Both the owner of the land burdened by the right of way and the owner of the land receiving the right of way must sign.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

10. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).

11. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

12. The suggested conditions are meant as a guide only and may be altered to suit the circumstances.

______________________

FORM 10 Section 96

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO .................................... GRANT OF EASEMENT

OTHER THAN RIGHT OF WAY

The owner of the land to be burdened by the easement in consideration of an agreement with the owner of the land receiving the benefit of the easement transfers and grants to the owner of the land receiving the benefit of the easement the easement described and valued below over the burdened land subject to the mortgages, encumbrances and other instruments affecting that land including any created by dealings lodged for registration prior to the lodging of this instrument and the owner of the land receiving the benefit of the easement accepts this grant subject to any terms and conditions set out on the back of this document. (NOTES 1—4)

OWNER OF THE LAND BURDENED BY THE EASEMENTName only:

(NOTE 7)

CONDITIONS (NOTE 12)

1. This easement is an easement for the purposes of sections 36EA and 36F of the Crown Lands Act.

2. The conditions are those set out in schedule 2 of the Crown Lands Act.

3. To comply with the provisions contained in the memorandum of common provisions recorded in the Register as LTO No.

4. Additional conditions.

SCHEDULE OF NOTES

1. This form must be used for any transfer and grant by the registered proprietor of an easement other than an easement in gross (use Form 3) or a right of way (use Form 9).

2. Grants may be lodged as an original only and must be typed or completed in ink or biro, and must show the imprint of the Commissioner of Taxes.

3. All signatures must be in ink or biro.

4. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

5. Volume and Folio references must be given. The certificates of title for both the dominant and the servient tenements must be lodged.

6. Set out the amount (in figures).

7. Insert full name. Address is not required.

8. Set out a summary of the easement being granted (e.g. Drainage Easement). A survey plan must be annexed or referred to (if already deposited). If it is wished to use the short form words for the easements set out in the Crown Lands Act then the precise descriptive words should be used (i.e. Sewerage Easement, Water Supply Easement, Drainage Easement, Electricity Supply Easement, Electronic Communications Easement, Energy Supply Easement, General Service Easement). For easements not referred to in Schedule 2 of the Crown Lands Act the panel "CONDITIONS" above must be completed and Condition 2 deleted.

9. Both the owner of the land burdened by the easement and the owner of the land receiving the benefit of the easement should sign.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

10. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the owner (if more than one owner all must sign).

11. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

12. These conditions are meant as a guide only and may be altered to suit the circumstances.

______________________

FORM 11

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO ....................................

EXTINGUISHMENT OF RIGHT OF WAY

OR OTHER EASEMENT

The owner of the right of way or other easement specified for the value expressed extinguishes right of way or other easement specified. (NOTES 1—3)

SCHEDULE OF NOTES

1. Extinguishment may be lodged as an original only and must be typed or completed in ink or biro, and must show the imprint of the Commissioner of Taxes. All signatures must be in ink or biro.

2. For an extinguishment of an easement in gross Form 3 must be used. The form may be adapted for extinguishment of a right of way.

3. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

4. A short description (e.g. Drainage Easement, Right of Way) should also be given. If necessary to identify the subject land a survey plan should be referred to or annexed.

5. Volume and Folio references must be given.

6. Set out the amount (in figures) paid or valued.

7. Print and sign the name of the owner of the easement/right of way.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

8. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the owner of the land burdened by the easement.

9. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 12 Section 105

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO ..............

FEE .................... RECEIPT .........................

APPLICATION TO REGISTER

WARRANT, DECREE, OR

ORDER FOR SALE

(NOTE 8)

The applicant serves on the Registrar-General the attached warrant, decree or order for sale in respect of the interest of the owner in the land described below and applies to have the warrant, decree or order for sale recorded in the Register. (NOTES 1 & 8)

1. This form can only be used for the registration of a warrant, decree or order for the sale of the land pursuant to section 105 of the Real Property Act.

The application is lodged as an original only and must be typed or completed in ink or biro.

2. The title is not produced. Title reference and land description must agree with details set out in the warrant, decree or order.

3. The name of the owner must agree with the name shown on the warrant, decree or order. If the name is not identical show as "in the warrant, decree or order described as ......". If the warrant, decree or order is only against the estate and interest of one of several owners mark the box "PART".

4. The name of the person (not the agent) obtaining the warrant, decree or order.

5. The solicitor or agent may sign.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

6. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.

7. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

8. The warrant, decree or order ceases to bind the land from further registration of dealings 6 months from the date of lodgment unless extended by court order.

______________________

FORM 13

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT .........................

APPLICATION TO REGISTER COURT

ORDER OTHER THAN ORDER FOR

SALE OR VESTING OF LAND

The applicant applies to have the details of the court order described below recorded in the Register in respect of the land described below. (NOTE 1)

SCHEDULE OF NOTES

1. The application is lodged as an original only and must be typed or completed in ink or biro.

Do not use the form for the registration of a statutory vesting for which there is a separate form, (see Form 17) or for the registration of a warrant, decree or order for sale (use Form 12).

2. Title reference and land description must agree with details set out in the order. The title need not be produced.

3. The date and number of the order, the name of the court (Supreme Court, Federal Court) and brief details of the order (e.g. extending the time for the removal of caveat, preventing registration of mortgage, directing registration of dealing) should be shown here.

A sealed copy of the order must be produced for sighting.

4. The application can be signed by the solicitor acting on behalf of the client.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

5. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.

6. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 14

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

WITHDRAWAL OF WARRANT

OR ORDER, AND APPLICATION

TO HAVE RECORDED

The applicant withdraws the warrant or order* over the land described below and applies for the recording of the withdrawal in the Register. (NOTE 1)

1. The application is lodged as an original only and must be typed or completed in ink or biro.

2. The LTO number of the warrant or order must be shown.

If the warrant or order affects more than one certificate of title and is only withdrawn in respect of part of the land the extent should be shown in the panel marked "PART".

3. The title is not produced.

4. The name of the person (not the agency) who has obtained judgment in his favour under the warrant or order.

5. This application can be made by a lawyer or agent if the Registrar-General is satisfied that the solicitor or agent is acting under authority of the judgment creditor.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

6. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.

7. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 15 Section 107

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO .................................... TRANSFER UNDER WARRANT,

DECREE OR ORDER

The seller pursuant to the power of sale described below and in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments set out below. (NOTES 1—4)

SELLERName only:

(NOTE 8)

BUYERName:

Address for the service

of notices:

(NOTE 9)

SCHEDULE OF NOTES

1. This form must be used for a transfer pursuant to a warrant, decree or order.

2. Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).

3. All signatures must be in ink or biro.

4. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

5. Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.

6. The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).

7. Insert details of instrument or other document authorizing the power of sale.

8. Insert full name. Address is not required.

9. Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.

10. Set out the encumbrances that have a priority over this dealing so as to remain on this title after the registration of this transfer.

11. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

12. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).

13. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 16 Section 109

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

APPLICATION TO NOTE

SATISFACTION OF WARRANT,

DECREE OR ORDER

The applicant notifies to the Registrar-General the satisfaction of the warrant, decree or order* over the land described below and applies for the recording of the satisfaction in the Register and provides the grounds set out on the back of this document. (NOTE 1)

1. This application is lodged as an original only and must be typed or completed in ink or biro.

2. The LTO number of the warrant, decree or order must be shown.

If the warrant, decree or order affects more than one certificate of title and is only withdrawn in respect of part of the land the extend should be shown in the panel marked "PART".

3. The title is not produced.

4. The name of the person (not the agent) in whose favour judgment has been obtained under the warrant, decree or order.

5. This application can be made by a lawyer or agent if the Registrar-General is satisfied that the solicitor or agent is acting under authority of the judgment creditor.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

6. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.

7. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

8. The grounds supporting the application should be set out. Any necessary documentation should be produced when this document is lodged.

______________________

FORM 17 Section 113

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO ....................................

APPLICATION TO REGISTER

STATUTORY VESTING

The applicant applies to have the change of ownership of the land described below recorded in the Register pursuant to the grounds set out below. (NOTE 1)

DETAILS OF VESTING:

(NOTE 4)

SCHEDULE OF NOTES

1. This form is lodged as an original only and must be typed or completed in ink or biro.

It is used for vesting pursuant to the Bankruptcy Act, Crimes (Forfeiture of Proceeds) Act or other statutory vestings.

For court orders other than a vesting order use Form 13.

This form may be adapted for the vesting of an interest in land or a new interest in land (e.g. an easement in gross).

2. The title must be produced unless the Registrar-General consents otherwise.

3. Name and address. Include postal address for the service of notices. If there is more than one owner additional addresses may be specified. In that case the form should be adapted so that it is clear to whom each address relates.

4. Where the vesting occurs pursuant to the court order, show date and number of the order or attach a sealed copy of the order.

5. The agent may sign.

After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

6. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.

7. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

______________________

FORM 18 Section 116

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO ..............

FEE .................... RECEIPT .........................

DUPLICATE TITLE TO ......................................

DUPLICATE LEASE TO ...................................

LEASE

The owner leases to the tenant the land described and the tenant accepts this lease of the land for the term and at the rent stipulated and subject to the covenants and conditions contained below or on the back of this document. (NOTES 1—2)

TENANTName:

Address for the

service of notices:

(NOTE 5)

COVENANTS

It is hereby covenanted by and between the owner and the tenant as follows:

1. To comply with the provisions contained in a Memorandum of Common Provisions recorded in the Register as LTO No.

2. The conditions and covenants implied by sections 124 and 125 of the Real Property Act.

3. Rent and manner of payment.

4. Additional covenants. (NOTE 10)

SCHEDULE OF NOTES

1. This form may be lodged as in triplicate. The original must be typed or completed in ink or biro. The duplicate and triplicate may be a copy of the original but the signatures of all parties and their witnesses must be in ink or biro on the original, duplicate and triplicate. The lease must show the imprint of the Commissioner of Taxes (Stamp Duty). If the words "owner" and "tenant" are considerred inappropriate other words (lessor/lessee) may be used.

2. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

3. Volume and Folio references must be given. If the transfer affects part only of the land in a title, consent under the Planning Act may have to be obtained. Any necessary diagram should be endorsed on the lease or on an annexure sheet (Form 53), or a survey plan deposited with the Registrar-General may be referred to.

4. Insert full name. Address is not required.

5. Insert full name including an address for the service of notices. The address can be a postal address.

6. Insert first day of the lease, last day of the lease and whether a right of renewal ("Yes" or "No").

7. Consents by prior registered interests should be provided. A lease which has not been consented to by a prior mortgagee will not be protected in the event of the mortgagee exercising the power of sale. Quote instrument number.

8. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

9. To be signed by a Practioner of the Supreme Court of the Northern Territory or by the tenant (if more than one tenant all must sign).

10. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

11. The lease may incorporate any common provision contained in a Memorandum of Common Provisions retained by the Registrar by reference to the provision in a way sufficient to clearly identify it e.g. by reference to the number of the memorandum and, if not all provisions in that memorandum are to apply, the numbers of the applicable provisions. The covenants are a guide only and may be added to or deleted as applicable.

_________________________

FORM 19 Section 116

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO ....................................

DUPLICATE SUB-LEASE TO ............................ SUBLEASE

The owner of the lease subleases to the tenant the estate and interest in the land described and the tenant accepts this sublease of the land for the term and at the rent stipulated and subject to the covenants and conditions contained below or on the back of this document. (NOTES 1 & 2)

TENANTName:

Address for the service of notices:

(NOTE 5)

COVENANTS

It is hereby covenanted by and between the owner and the tenant as follows:— (NOTE 11)

1. To comply with the provisions contained in a Memorandum of Common Provisions recorded in the Register as LTO No.

2. The conditions and covenants implied by sections 124 and 125 of the Real Property Act.

3. Rent and manner of payment.

4. Additional covenants.

SCHEDULE OF NOTES

1. This form may be lodged in triplicate and may be adapted for an underlease. The original must be typed or completed in ink or biro. The duplicate and triplicate may be copies of the original but the signatures of all parties and their witnesses must be in ink or biro on all copies. The sublease must show the imprint of the Commissioner of Taxes (Stamp Duty). If the words "owner" and "tenant" are considered inappropriate other words (sublessor/sublessee) may be used.

2. If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).

3. Volume and Folio references must be given. If the whole of the land in a title is to be leased no other description should be used. If the lease affects part only of the land in a title the description should also be given. Any necessary diagram should be endorsed on the lease or on an annexure sheet (Form 53), or a survey plan deposited with the Registrar-General may be referred to.

4. Insert full name of the owner of the lease (namely the tenant under the head lease and not the proprietor of the land). Address is not required.

5. Insert full name and an address for the service of notices. The address can be a postal address.

6. Details of dates of commencement and expiry must be shown. If there is a right of renewal, show "Yes" (if not "No").

7. Consents by prior registered interests should be provided. Quote instrument number. A sublease for which no consent has been obtained by a prior mortgagee will not be protected in the event of the mortgagee exercising the power of sale.

8. After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.

Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.

Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).

9. To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the tenant (if more than one tenant all must sign).

10. If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

11. The sublease may incorporate any common provision contained in a Memorandum of Common Provisions retained by the Registrar by reference to the provision in a way sufficient to clearly identify it e.g. by reference to the number of the memorandum and, if not all provisions in that memorandum are to apply, the numbers of the applicable provisions. The covenants are a guide only and may be added to or deleted as applicable.

______________________

FORM 20 Section 120

NORTHERN TERRITORY OF AUSTRALIA

LODGED AT THE REGISTRAR-GENERAL'S OFFICE

ON ..................... AT .................................

BY ...................... CORRECTION TO .............

FEE .................... RECEIPT ........................

DUPLICATE TITLE TO ....................................

DUPLICATE LEASE TO ....................................

SURRENDER OF LEASE

OR SUBLEASE

The lease or sublease over the land as specified for the value expressed and by mutual consent is surrendered to the extent as indicated. (NOTES 1—3)