Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 166

166 Destroying instrument in certain circumstances

(1) The registrar may destroy a part of the freehold land register or an instrument held in the land registry if the part of the register or the instrument—

(a) is not evidence of an existing interest; or

(b) is evidence of an existing interest of which there is accurate evidence in another part of the register; or

(c) will not be required for registering the effect of a transaction.

(2) The registrar may authorise a person to destroy an instrument held in a place other than an office of the department if the instrument—

(a) was lodged at the place for evidencing, in the land registry, an interest; and

(b) is evidence of an existing interest for which there is accurate evidence in the land registry.

(3) Before destroying a part of the register or an instrument under subsection (1) , the registrar must copy it in whatever way the registrar considers appropriate.

(4) However, the registrar, or person acting under an authority given under subsection (2) , must not destroy an original will.

(5) The registrar’s powers under subsections (1) and (2) are subject to the Public Records Act 2023 .