New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 196A

196A Registration of resumptions

(1) In this section, "resumption" means the acquisition of land by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 or any other Act.

(3) Where land is resumed, the Crown or other authority by which the land is resumed shall forthwith:

(a) where the resumed land is not under the provisions of the Real Property Act 1900 -send to the Registrar-General notice on the prescribed form of the resumption, or

(b) where the resumed land is under the provisions of the Real Property Act 1900 , and the Registrar-General has not recorded the resumption in the Register kept under that Act-lodge with the Registrar-General a resumption application within the meaning of that Act.

(3A) Where a resumption is rescinded, the Crown or other authority that rescinds the resumption shall forthwith lodge with the Registrar-General notice of the rescission that, in so far as the resumption rescinded related to land under the provisions of the Real Property Act 1900 , is in the form approved by the Registrar-General under that Act.

(4) Upon receipt of a notice of resumption of land that is not under the provisions of the Real Property Act 1900 , or notice of rescission of such a resumption, the Registrar-General shall register the notice in the General Register of Deeds.

(4A) Upon receipt of a notice of rescission of a resumption of land under the provisions of the Real Property Act 1900 , the Registrar-General shall:

(a) make, in the Register kept under that Act, such recordings, and

(b) create such folios of that Register,

as the Registrar-General considers appropriate.

(4B) A reference in any Act or other instrument to entry in, or to registration in, the Register of Resumptions, however expressed, is taken to be a reference to registration in the General Register of Deeds.

(5) With such modifications as may be necessary, this section applies to and in respect of the compulsory acquisition of land under an Act of the Parliament of the Commonwealth and so applies as if:

(a) such an acquisition were a resumption, and

(b) the words “shall forthwith” were omitted from subsections (3) and (3A) and the word “may” were inserted in lieu thereof.

(6) This section applies only to resumptions (including resumptions under any Act of the Commonwealth) made after the commencement of the Conveyancing (Amendment) Act 1930 .