Under the Real Property Act 1886,the Registrar-General has the power to introduce Statutory Instruments which set out specific legal requirements for dealing with land in South Australia.
Verification of Authority
These guidelines help legal practitioners, conveyancers or mortgagees to take reasonable steps to verify the authority of a party to a conveyancing transaction.
Verification of Identity
Verification of identity requirements provide a framework for legal practitioners, conveyancers or mortgagees to take reasonable steps to verify the identity of a party to a conveyancing transaction.
Under section 22 of the Electronic Conveyancing National Law (South Australia) Act 2013 the Registrar-General has set the Operating Requirements for South Australia, based on the Model Operating Requirements developed by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC).
Under section 23 of the Electronic Conveyancing National Law (South Australia) Act 2013 the Registrar-General has set the Participation Rules for South Australia, based upon the Model Participation Rules developed by Australian Registrar’s National Electronic Conveyancing Council (ARNECC).
Under Section 220A of the Real Property Act 1886 and Section 33 of the Electronic Conveyancing National Law (South Australia) Act 2013, the Registrar-General has the power to undertake a compliance examination as part of the administration and enforcement of these Acts.
Land Services SA undertake the compliance program on behalf of the Registrar-General. More information can be found on the Land Services SA website.
Under section 27 of the Electronic Conveyancing National Law (South Australia) Act 2013, the Registrar-General may grant a waiver from compliance with the Participation Rules where it is considered reasonable to do so under the circumstances.
Refer to the Australian Registrar’s National Electronic Conveyancing Council (ARNECC) Model Participation Rules Guidance Notes for the Compliance Examinations Guidance Note.
Direct enquiries regarding the Compliance Program to LTOCompliance@landservices.com.au.
A party to a real property transaction may authorise a registered conveyancer or legal practitioner to act on their behalf using a client authorisation form.
Refer to the Land Services SA website for details.
Interoperability (iOp) is the ability of one Electronic Lodgement Network Operator (ELNO) to exchange data with a different ELNO to complete a property transaction.
Currently, Property Exchange Australia Ltd. (PEXA) and Sympli Australia Pty Ltd (Sympli) operate in South Australia with the potential for more ELNO’s to occupy this evolving environment in the future.
Interoperability enables subscribers to use the ELNO of their choice.
Similar to a customer of one bank being able to deposit funds to a customer of a different bank, or an Optus customer being able to text a Telstra customer, interoperability enables subscribers to transact between different ELNOs.
ARNECC are leading the regulatory and technical work to implement interoperability.
Learn more from the ARNECC website.
Plan Presentation Guidelines
A plan lodged with the Registrar-General for the purposes of the Real Property Act 1886 must comply with any requirements specified in guidelines issued by the Registrar-General. These guidelines are known as the Plan Presentation Guidelines (PPG) which describes the specific requirements for cadastral plans lodged for acceptance in the Lands Titles Office of South Australia.