New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 31A

31A Creation of folio for resumed land

(1) In this Part:
"resumption" means compulsory acquisition of land (including compulsory acquisition or appropriation of Crown land) under the provisions of any Act or Act of the Commonwealth authorising compulsory acquisition or appropriation of land, and "resumed" has a corresponding meaning.
"resumption application" means application in the approved form to the Registrar-General to cause to be registered as proprietor of land the person entitled to the land by virtue of a resumption or by virtue of any further vesting of resumed land by the operation of any Act or Act of the Parliament of the Commonwealth, either directly or by reason of anything done in pursuance thereof.

(2) Where resumed land is not under the provisions of this Act:

(a) subject to subsection (2B), the Registrar-General shall, upon lodgment of a resumption application relating to the land resumed, accompanied by a copy of the instrument by which the resumption was effected, together with any other evidence required by the Registrar-General, create a folio of the Register for the estate or interest of the person in whom is vested the land described in that resumption application without causing any examination or report to be made as to the title to the land and without considering that title otherwise than to satisfy himself or herself that the land described in the resumption application is included in the resumed land, and

(c) in any folio of the Register created in pursuance of this subsection the resumed land may be described in the terms of or by reference to the instrument by which the resumption was effected.

(2A) An easement or profit à prendre which is created by resumption of land which is not under the provisions of this Act may be the subject of, or may be included in, a resumption application under subsection (2) and, for the purpose of giving effect to such an application, the Registrar-General shall make any necessary recordings in the Register and may make like recordings upon the relevant certificate of title when it becomes available to the Registrar-General.

(2B) A resumption application may not be made for the creation of a folio of the Register for an easement or profit à prendre alone.

(3) Where resumed land is under the provisions of this Act:

(a) the Registrar-General may, where the Registrar-General has notice of the resumption, record the resumption in the Register of the Registrar-General’s own motion,

(b) subject to paragraph (a), the Registrar-General, upon lodgment of a resumption application relating to the land resumed, accompanied by a copy of the instrument by which the resumption was effected and any other evidence required by the Registrar-General, shall make such recording in the Register as may be necessary to give effect to the resumption application, and

(d) where a grant, certificate of title or duplicate registered dealing evidencing title to an estate or interest affected by a registered resumption is in the possession of some person other than the person registered as proprietor under this subsection, and that person in possession fails to deliver it up for cancellation when required in writing by the Registrar-General so to do the grant, certificate of title or duplicate registered dealing, as the case may be, shall be deemed to be wrongfully retained within the meaning of section 136.

(4) An action does not lie against the Registrar-General for the recovery of damages sustained through deprivation of land, or of any estate or interest in land, by reason that:

(a) the Registrar-General acted under this section in relation to what purported to be, but was not, an effective resumption, or

(b) the Registrar-General failed to exercise the power conferred on the Registrar-General by subsection (3) (a).

(5) The Registrar-General may give notice to a person that at the expiration of a period specified in the notice the Registrar-General proposes to give effect, under this section, to a specified resumption application and, where the Registrar-General gives such a notice, the Registrar-General may delay giving effect, under this section, to the resumption application until the expiration of the period so specified.

(6) This section shall apply to and in respect of resumptions before or after the commencement of the Real Property (Amendment) Act 1970 , except to the extent that:

(a) a certificate of title issued in respect of the resumed land after the resumption and before that commencement, or

(b) a resumption application in respect of the resumed land was registered before that commencement.