Hansard debates

Ordered that second-reading speech be incorporated into Hansard on motion of Ms PULFORD (Minister for Agriculture).

Ms PULFORD (Minister for Agriculture) — I move:

That the bill be now read a second time.

Incorporated speech as follows:

I am pleased to introduce the Land Legislation Amendment Bill 2017. The bill makes a number of small, but important and necessary, changes to the Transfer of Land Act 1958, the Subdivision Act 1988 and the Valuation of Land Act 1960 to improve the operation of these acts.

The bill:

promotes greater efficiency in the conveyancing process and enables the registrar of titles to more effectively maintain the register of land;

improves the efficiency of the process for registering plans of subdivision; and

enables the valuer-general to provide statewide valuation information to the public in line with the government policy on information accessibility.

The accurate and timely recording of dealings in land is fundamental to the Torrens system of land titles. Victoria's system of land administration and conveyancing is highly efficient in ensuring transactions in freehold land are registered promptly and accurately. This in turn provides for the integrity of property ownership and transactions.

Improving efficiency in conveyancing

A central element of Victoria's system for registering land is the conveyancing process. Conveyancing is the process of transacting in estates and interests in land and is increasingly being conducted electronically. Victoria has benefitted from and will continue to benefit from harmonising processes with other Australian jurisdictions to support a national electronic conveyancing network.

This bill amends the Transfer of Land Act 1958 to better align with other Australian jurisdictions. In 2014 priority notices were introduced by amendment to the Transfer of Land Act 1958. Priority notices are used to protect, for 60 days, the interest of a person intending to lodge dealings. For national consistency, it is now proposed to introduce an application to extend a priority notice so that it is effective for 90 days. Currently South Australia and New South Wales provide for an extension of priority notices and other jurisdictions are proposing to follow.

Bringing general law land under the act

General law land is the system of land ownership that predates the Torrens system of title by registration of estates and interests in land. In this system title to land is shown through demonstrating a chain of dealings in land from the current owner back to the original grant from the Crown. The Transfer of Land Act 1958 provides a superior means of transacting in land and better protects a person's interest in land. The bill introduces measures that enable the registrar to bring land under the act by requesting information that identifies who is a ratepayer or mortgagor of a parcel of land. This information will be used to assess whether the registrar's and registrar-general's records for general law land show the correct owner and then enable the registrar to create a provisional title for that land. Provisional titles will be converted to full (ordinary) titles after 15 years.

Improvements to efficiency

Certain amendments to provisions of the Transfer of Land Act 1958 are needed to improve customer service and efficiency for both customers and the registrar's office.

One particular instance of where the Transfer of Land Act 1958 requires amendment to facilitate operational improvement relates to caveator's consents. Caveats operate as a mechanism to notify a claim to an interest in land and ensure the caveator is notified before any future dealing in that land is registered.

In some circumstances, a caveator's consent to the registration of an instrument is required. Currently the Transfer of Land Act 1958 requires a caveator's consent to be physically submitted to the registrar. This means a transaction requiring a caveator's consent cannot be fully processed electronically. The proposed change does not remove the requirement to obtain a caveator's consent but rather it allows the registrar to receive confirmation that consent has been obtained by paper or electronic means.

Streamlining processes and greater clarity for users

The bill introduces several amendments to improve the operation of the Transfer of Land Act 1958 and clarify existing functions and processes.

One example of this is the simplification of the process for registering changes in proprietorship due to the vesting of land by legislation or court orders. The streamlined process will provide efficiencies for customers and their representatives, and should result in quicker updates of ownership in the register.

The bill will also enable the registrar to make vesting orders, and remove mortgages, in some circumstances when proof of payment cannot be provided and the limitations of actions period has expired. These situations are rare and often arise many years after the property has been purchased or the mortgage has been paid. At this stage it may not be possible to obtain the necessary transfer of land or discharge of mortgage. The new provisions will greatly assist homeowners who find themselves in this position.

Registering plans of subdivision

Plans of subdivision under the Subdivision Act 1988 are registered by the registrar of titles and allow for a property to be subdivided into smaller parcels, shown as lots on a plan. On registration of a plan certain information must be provided to the registrar, as set out in the Subdivision Act 1988. A number of these items are currently provided in a separate document. To streamline the plan registration process, the bill amends the Subdivision Act 1988 to provide flexibility in the method of providing the required information and who is to provide it.

Valuation information

The valuer-general collects valuation information under the Valuation of Land Act 1960. The bill provides for this information to be supplied in the same way as property sales information. Property sales information is released under ministerial policy direction with fees being set by the valuer-general in line with government policy on information accessibility.

Conclusion

In conclusion, the Land Legislation Amendment Bill 2017 will improve the efficiency of transacting in interests in land. The bill will facilitate bringing more land under the Transfer of Land Act 1958 and offer the benefits, and safeguards, of Torrens system of title by registration to more members of the community.

The bill will improve the process for registration of plans of subdivision under the Subdivision Act 1988.

The bill will also facilitate an easier and more consistent method of making valuation information available by amending the Valuation of Land Act 1960.

I commend the bill to the house.

Debate adjourned for Mr DAVIS (Southern Metropolitan) on motion of Mr Rich-Phillips.

Debate adjourned until Friday, 30 June.