Article 2.2.9 ICT Land Registry and Electronic Processes

(a) Establishment and Operation of the ICT Land Registry:

(i) The Operator shall establish and maintain a secure, digital-first ICT Land Registry for the purpose of recording all registrable estates, interests, instruments, and dealings in ICT land.

(ii) The ICT Land Registry shall be operated as a comprehensive, electronic system that ensures transparency, integrity, and ease of access for permitted users.

(iii) All rights, interests, and instruments affecting land within the ICT shall have legal effect only upon registration in the ICT Land Registry, unless otherwise expressly provided in this Code.

(b) Delegation and Governance:

(i) The Operator may, by regulation or official notice, appoint a Land Registrar or related commission to oversee the administration, accuracy, and functionality of the ICT Land Registry.

(ii) The Land Registrar shall act under the direction of the Operator, but may act independently in the performance of specific functions delegated to it by the Operator. The Land Registrar may issue supplementary regulations, procedural guidance, and standardised forms consistent with this ICT Code and any Operator-issued supplemental Land Registry regulations, guidance or direction. For the avoidance of doubt, the Operator's authority shall prevail in the event of any inconsistency and shall always be deemed paramount.

(iii) The Operator shall retain overarching oversight and regulatory powers to ensure technological and legal integrity of the ICT Land Registry.

(c) Approved Platforms and Systems:

(i) All instruments, lodgements, and dealings shall be submitted through digital systems, interfaces, or platforms approved by the Land Registrar, unless otherwise provided in this ICT Code.

(ii) Use of a digital platform shall not affect the legal validity of any transaction, provided the substantive requirements of this ICT Code and any supplementary ICT Land Registry regulations or guidelines are met (as applicable).

(d) Public Access, Privacy and Confidentiality Protections:

(i) The ICT Land Registry shall be publicly searchable and accessible through approved electronic platforms for title verification, searches, and other legitimate purposes, subject to reasonable restrictions to protect security, identity, and commercial confidentiality.

(ii) Access to full title data, ownership history, or sensitive personal information shall be restricted to:

(iii) The registered proprietor and their authorised agent;

(iv) Government and Operator personnel performing official duties; or

(v) Other parties as permitted by regulation or order of the ICT Court.

(vi) The Operator or Land Registrar may restrict access to sensitive fields or redact Chapters where necessary to protect:

(vii) The identity of beneficiaries in trust instruments;

(viii) Private contact or financial information;

(ix) Terms of private fiduciary arrangements not affecting third parties;

(x) Any data where disclosure would breach ICT data protection rules or compromise national security or commercial confidentiality.

(xi) All access shall be subject to user identity verification, audit trails, and applicable ICT data protection safeguards.

(e) Mandatory Electronic Lodgement:

(i) All transfers, dealings, leases, mortgages, and related instruments affecting land within the ICT shall be effected using instruments approved and executed in accordance with this ICT Code and any supplementary ICT Land Registry regulations or guidelines.

(ii) Instruments that are not executed electronically or in a format approved by the Operator or Land Registrar may still have legal effect between the parties, but shall not be eligible for registration or protection under the ICT Land Registry unless accompanied by a digitised copy and verified in accordance with procedures prescribed by the Operator or the Land Registrar.

(iii) The Operator or Land Registrar may develop protocols for identity verification, digital signatures, real-time title updates, and secure electronic recordkeeping.

(iv) The Operator or Land Registrar may issue supplementary regulations or guidelines governing standard forms, procedures, and dispute resolution mechanisms relating to electronic registration.

(v) Instruments that are not executed electronically or in a format approved by the Land Registrar may still have legal effect between the parties, but shall not be eligible for registration or protection under the ICT Land Registry unless accompanied by a digitised copy and verified in accordance with procedures prescribed by the Land Registrar.

(f) Land Registry Regulations:

(i) The Operator or Land Registrar may issue binding supplementary Land Registry regulations or guidelines to govern:

(ii) Procedures for digital lodgement and verification;

(iii) Registration of severed or strata-based rights;

(iv) Use of smart contracts and programmable instruments;

(v) Access controls and privacy thresholds; and

(vi) Protocols for correction, suspension, or rectification of registry data.

(vii) All regulations shall be consistent with the objectives of secure tenure, legal clarity, and technological neutrality as stated in this Code.

(g) Legal Presumption and Evidentiary Weight of the Register:

(i) The ICT Land Registry shall constitute conclusive evidence of the matters recorded therein, including ownership, legal interests, and priority, subject only to fraud, manifest error, or lawful rectification under this Code.

(ii) In all judicial or administrative proceedings, a duly certified extract of the Land Register shall be admissible as prima facie evidence of its contents without need for further proof.

(iii) Where conflicts arise, the Land Register shall prevail over unregistered or conflicting claims, except where such claims fall within an exception expressly recognised by the ICT Code.

(h) Fail-Safe and Contingency Protocols:

(i) The Operator or Land Registrar shall maintain contingency mechanisms to ensure the continuity of registration services and access to the ICT Land Registry in cases of:

(ii) System outage or cyberattack;

(iii) Physical disaster or infrastructure failure;

(iv) Legal or operational suspension of a platform provider.

(v) Backup systems, offline verification, or provisional registration tools may be authorised by regulation to uphold land transaction security and institutional trust during periods of disruption.

(i) Auditability and Record of Dealings:

(i) All lodgements, modifications, and accesses to the ICT Land Registry shall be time-stamped and recorded in immutable audit trails.

(ii) The Operator or the Land Registrar shall ensure that all audit records are securely stored and accessible to authorised parties for review, dispute resolution, or forensic investigation.

(iii) Manipulation, unauthorised alteration, or deletion of such records shall constitute a serious offence and may result in regulatory penalties, criminal referral, and other legal remedies.

(j) Technological Upgrades and Evolution:

(i) The Operator or Land Registrar shall periodically assess and upgrade digital registry systems to ensure alignment with global best practices in land administration technology.

(ii) Public consultation or expert review may be undertaken prior to implementing major upgrades that affect access, format, or legal functionality.

(k) Minor Amendments and Corrections:

(i) The Land Registrar may, without affecting legal rights, correct typographical, clerical, or manifest administrative errors in the ICT Land Registry or lodged instruments, provided that:

(ii) No substantive change to proprietary rights or registered interests occurs;

(iii) Affected parties receive reasonable notice and an opportunity to object;

(iv) A record of the correction is maintained in the Register audit log.

(v) If the error materially affects a party’s rights, correction may only be made with written consent of all affected parties or an order of the ICT Court.