Analysis of Land Laws and Regulations

This assignment provides an analysis of the Land Laws (Amendment) Act 2016 and its amendments to the Land Act 2012. It also explores related property laws and regulations in Australia, including changes in selling power, analogue rights, and calculation of interest on unpaid compensation. The document cites various sources, including journals and books, to support the discussion.

COMMUNIQUE (PROPERTY LAW)

Table of Contents
BACKGROUND OF THE STUDY................................................................................................1
AIM AND OBJECTIVES................................................................................................................1
RESEARCH QUESTIONS.............................................................................................................1
LITERATURE REVIEW................................................................................................................1
DISCUSSION AND RESULTS......................................................................................................3
REFERENCES................................................................................................................................6

BACKGROUND OF THE STUDY
Australian property law is concern with the prioritising the rights and duties of
individuals related to property dealing. Government has made strict law and regulations for each
type of properties so that future complications can be minimized. These legislation are applicable
for tangible and intangible both type of properties (Duncan and et.al, 2017). Financial services
reform Act, Census and Statistics Act 1905, Corporations Act 2001, Land Title act 1994, etc. are
related with the real estate industry. Government has revised property regulations in order to
make it more effective so that property developer can run their business effectively and can
contribute well in the economy development of nation (Foley, 2016).
Present study will analyse legislative development in property law of Queenslad
Australia. Furthermore, main objective of the research is to develop understanding about
property law and attractive features of new legislation. In addition, report will compare the
current and previous law related to property market (Duncan and et.al, 2016).
AIM AND OBJECTIVES
Aim
To analyse legislative development in property law of Queensland.
Objectives
 To explain conceptual framework of property law of Queensland.
 To understand feature of new legislation and nature of planning law regime.
 To compare procedures and characteristic of previous and current property legislation.
RESEARCH QUESTIONS
 What is conceptual framework of property law of Queensland?
 What are the feature of new legislation and nature of planning law regime?
 How procedures and characteristic of previous and current property legislation are
differed from each others?
LITERATURE REVIEW
As per the view of Vass and Roe, (2014) property law governs ownership and tendency
of real property which includes land or movable possessions. Civil law system clearly states
division between immovable and movable properties. These law support in resolving disputes
related to real estate things. Somes and Webb, (2016) Government of Queensland has made
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changes in its law related to land sale and other legislation Act 2014. This act has come into
existence on December 2014. The main intention to make modifications in the legislation that to
minimize red tape and streamline the laws so that selling and purchasing of properties can be
done systematically.
Recently government has made amendments in Property Occupation Bill 2013 and it this
authorities have replaced some of the features which are related with the property agents and
motor dealers act. Residential property is needed to be used for only residential purpose but these
real estate things can not be used for commercial purposes or for commerce functions.
Amendments have removed the contractual termination rights. As per the view of Peters and
Bedford, (2015) New legislation states that now agent is no longer require to send particular
notice to specific purchaser for selling any property. In the new law government has removed the
disclosure part for the vacant land property. Furthermore, earlier property developers needed to
take licensing for development on any property but in the recent amendment in law government
has removed licensing requirements for the property developers.
Comino, Tan and George, (2014) has stated that government has given exemptions when
it is involved with the sophisticated parties. But government has excluded rural, lands and other
areas from it. Building Act 2004 explains that owner of the property is completely responsible
for ensuring compliance and obtaining necessary consents from the higher authorities.
Government of Queensland has recently made amendments in land sale and other legislation Act
2014 which is known as LSOLA. It was commenced in the year 2014. Earlier it is required to
disclose requirements which is community title scheme and land sales act 1984. Now it is the
duty of seller that to identify proposed parcel of land. After the changes made in this legislation
now LSA is not required to applies to off-the-plan sales of CTS lots. As per the new legislation it
is the duty of seller or developer that to inform buyer about proposed earthworks, size, location
etc. of land.
Previously seller or developer was required to provide registrable transfer to buyers
within specified time period which is three months to six months from the commencement date
of contract. Now government has extended to this duration from five to half years. Furthermore,
timing requirements for developers regarding transfer of completed lots to off-the-plan to buyers
has been amended by the government. Seller now can provide the buyer detail related to
registrable transfer within five to half years. It is applicable from date of commencement of
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contract. As per the view of Hutchinson, (2014) Australian Federal government has completely
made changes in the foreign ownership laws. The main purpose of made amendments in these
legislation that to increases foreign investment so that prices of properties can get increased.
Now after the amendments it is essential for purchaser that to classified the foreign person who is
taking interest in buying real estate property in Australia. Apart from this property seller has to
take permission from the Foreign Investment review Board (FIRB) regarding the same. With the
help of this law government examines applications and make correction in its foreign investment
policies. In the year of 2008 Australian Federal Government has made strict changes in the
administration in respect to screening arrangements for foreign investors. Now it has become
easy to purchase property overseas after these amendments.
According to Weatherall, (2016) Existing laws allow 50% of new dwelling can be sold to
foreign persons if it is an off-the-plan situation. New application forms will help in streamline
the procedure of property development Changes have been made in the Australian's foreign
ownership laws which has increased number of buyers of property in the Australia.
DISCUSSION AND RESULTS
Real property and conveyancing legislation has been amended in the year 2009. In the
changes government has demanded additional identification requirements at the time of
registration of mortgages (Holmes, 2014). Now new real property act 1900 has come into
existence on 1 November 2011. Now it would be necessary for property developers that to
collect prescribed information face to face and verification is must in this respect. New changes
have been made in section 56c into the RPA. Now 56c give detail about the fact that before
giving the property on mortgage for lodgement for registration, the mortgagee needs to ensure
that proprietor is the right person of the land. Furthermore, government has complied the
mortgage of property act with the anti money laundering and counter terrorism financing (Weir,
2015).
Section 117 of RPA act now provides some guideline and if these requirements are not
met then registrar can cancel the registration. The first indicative in this respect is that
certification by each party needs to be done properly. Section 117 now has been replaced with
the new provision now it is compulsory to have signature of wines at the time of registration. The
most significant changes that have been made in new legislation of property in which it has
become necessary to communicate face to face whenever individual is selling the property or
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buying any land. If the person belong to outside the country then identification needs to be done
by Australian Diplomatic officer (Key changes introduced by the Land Laws (Amendment) Act,
2016 (No. 28 of 2016) to the Land Act, No. 6 of 2012, 2016).
Government has made amendments in Transfer of Land Amendment Act 2014 and it was
come into existence in the year 2014. Section 74(1A), 74 (3-5) and section 87 A to 87E have
been amended in this act. Now it is the obligation of mortgagee that individual has to take
responsibility that individual has to cross verify the buyer or seller. It states that mortgagee needs
to consider all verification requirements so that no further complications can take place. Before
the amendment the situation was differed in which if mortgage has been found fraudulently then
mortgagee can get benefit of indefeasible title as per the guideline of TLA (Key changes
introduced by the Land Laws (Amendment) Act, 2016 (No. 28 of 2016) to the Land Act, No. 6 of
2012, 2016). At that time mortgagor is obliged to pay all security amount with compensation in
order to procure discharge.
But after the amendments in the law now government has introduced priority notice
which helps in minimizing issues related to fraud (Weatherall, 2016). Transfer of land act 1958
is another legislation related with the property act Real property Amendment has come into
existence in the year 2017 on 1st July. Clause 4 has been inserted in this law in which
government has made changes in the priority notice and authorities has made it compulsory to
send priority notice electronically (Peters and Bedford, 2015). The fee set out needs to be
according to participation agreement. Clause 10 has been inserted to this act in which clause of
requisition has been added to this legislation.
Major changes have been made in the licensing in this session general trade work now
has been increased to 5000 from 1000. Owner and builders are necessary to give name to all
owners of the related to the land so that further confusions can be minimized. This amendment
have been done with the purpose to prevent people from commercial unlicensed building work.
Owner and builders both are unable to get statutory insurance (Duncan and et.al, 2016). The
threshold is required to get permit over the value over 10000. After the amendments now buyers
are able to check trade person's insurance and can also cross verify previous claim as well. After
2015 contract requirements have been changed from 5000 to 20000. The mandatory building
guidance are provided consumers to all necessary benefits so that they can minimize frauds and
issues related to property (Key changes introduced by the Land Laws (Amendment) Act, 2016
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(No. 28 of 2016) to the Land Act, No. 6 of 2012, 2016). Furthermore, contracts over the 20000 is
required payment schedule under the termination clause. Property legislation is governed by the
Torrens principles of registration of title. This clearly states that each nation has to centralised
register their properties
Previously section 93(3) of LRA was completely changed from the new legislation. It
imposed the duty of lender. The duty of borrower which was held the lend has been removed
which means lenders and transferee has been removed by their obligations. Under the LRA.
Section 60 of LLA has been amended and section 78(1) of the same has also been modified.
Under these changes charges have been changed from the earlier changes. In this, charges related
to land has been deleted (Weir, 2015).
Furthermore, government lands act and land title act related to registration have been
changed completely. Under the LLA in the section 35 and 105 (c) both have been amended. The
entire section has been modified with the new clause. Section 67 states that notice needs to be
given to the buyer which is revised from two months to ninety days (Holmes, 2014). Penalty for
delay have been changed under the new legislation as compare to previous property laws. In
addition to this, section 14(b) of LLA and section 36 of the same has been modified by the
government and inserting new subsection in this place. These amendments are related with the
land registration and community land registration. After the changes cabinet secretary has been
given to all powers related to policy direction (Somes and Webb, 2016). Power of administer
deals with the registration of private lands. Furthermore, land act section 38(1) has been
amended which indicates that any other written law will not be part of land unless contract is
demanded. It is essential that both parties sign the agreement in the presence of registrar and if
there is absence of one person physically then this contract agreement will not be completed.
Section 78 describes that there needs not be involvement of retrospective application. In addition
to this, charges related to selling of property have been changed completely. Calculation of
interest on unpaid compensation, exercise of selling power, analogue rights have been amended
under the property act in Australia (Duncan and et.al, 2017).
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REFERENCES
Books and Journals
Comino, M., Tan, P. L. and George, D., 2014. Between the cracks: Water governance in
Queensland, Australia and potential cumulative impacts from mining Coal Seam
Gas.Journal of Environmental Management. 1346. pp.53.
Duncan, W. D. and et.al., 2016. Issues Paper 1-Property Law Act 1974–Sales of land and other
related provisions.
Duncan, W. D. and et.al., 2017. Property Law Review-Options Paper Recommendations: Body
Corporate Governance Issues: By-Laws, Debt Recovery and Scheme Termination.
Foley, M., 2016. Developments in enforcement of environmental laws: Recent amendments in
Queensland. Australian Environmental Law Digest. 3(3). pp.3.
Holmes, J., 2014. Explorations in Australian legal geography: the evolution of lease tenures as
policy instruments.Geographical Research. 52(4). pp.411-429.
Hutchinson, T., 2014. Making the fun stop: youth justice reform in Queensland. Deakin L.
Rev., 19, p.243.
Peters, M. and Bedford, D., 2015. Queensland Supreme Court clarifies the meaning
of. Australian Resources and Energy Law Journal. 34(1). pp.74.
Somes, T. and Webb, E., 2016. What role for real property in combatting financial elder abuse
through assets for care arrangements?. Canterbury Law Review. 22(1). pp.120.
Vass, B. and Roe, D., 2014. Access to private land under the Mineral and Energy Resources
(Common Provisions) Act.Australian Resources and Energy Law Journal. 33(3). pp.263.
Weatherall, K. G., 2016. The Emergence and Development of Intellectual Property Law in
Australia and New Zealand.
Weir, M., 2015. Pushing the Envelope of Proprietary Interests: The Nadir of the Numerus
Clausus Principle. Melb. UL Rev. 39. pp.651.
Online
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Key changes introduced by the Land Laws (Amendment) Act, 2016 (No. 28 of 2016) to the Land
Act, No. 6 of 2012, 2016. [Online] Available through: <http://www.elexica.com/en/legal-
topics/real-estate/12-key-changes-introduced-by-the-land-laws-act-2016-4fr1ca>.
[Accessed on 12th October 2017].
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