PROPERTY LAW ACT 1974 - SECT 250 Progressive registration of unregistered land

PROPERTY LAW ACT 1974 - SECT 250

250 Progressive registration of unregistered land

(1) The registrar may from time to time by gazette notice (the
"prescribed notice" ) direct that any unregistered land described, or that all such land in any area defined, in the notice shall be subject to this division and that, unless an application to bring the land under the Real Property Acts is made within the period of time as is specified in the prescribed notice (the
"specified time" ) by the person entitled to make such application, such land shall be liable, under the further provisions of this division, to be brought under the Real Property Acts and a certificate of title issued for it in the name of the public trustee free from any estates, encumbrances, liens or interests whatsoever otherwise than are registrable under the Real Property Act 1861 (
"registrable interests" ) and which shall have been allowed by the registrar under this section and which immediately prior to the issue of such certificate of title were registered in respect of that unregistered land.

(2) In addition to publication of the prescribed notice as provided in subsection (1) , the registrar shall give to each person appearing to the registrar (whether by reference to records of any local government or otherwise) to be the owner of the land and to each person appearing to have an interest in the land a copy of such notice together with a written statement briefly explaining the nature of this division.

(3) The registrar may also cause a copy of the prescribed notice and a statement briefly explaining the nature of this division to be advertised in a newspaper published in Brisbane and in addition where in the opinion of the registrar the land is situated at a distance more than 50km from Brisbane in any newspaper circulated in the neighbourhood of the land to which such notice relates.

(4) Within the specified time the person entitled in respect of any land the subject of a prescribed notice to make application to bring the land under the provisions of Real Property Acts, shall make and afterwards with due diligence proceed with an application to bring the land under those Acts.

(5) Any person claiming to be entitled to any registrable interests in respect of any land the subject of a prescribed notice may within the specified time make application to have such interests noted on any certificate of title which may issue in respect of such land under this section and on the making of the application the Real Property Acts shall apply to such application as if it were an application to bring unregistered land under those Acts, with any necessary modification to meet the circumstances of the case.

(5A) If the applicant establishes the claim, the registrar upon issuing a certificate of title for the land shall note on the certificate the interest of the applicant under the Real Property Act 1861 , section 33 .

(6) In regard to any land the subject of the prescribed notice which shall not have been brought under the Real Property Acts upon the expiration of the specified time the following provisions shall apply—

(a) if no application has been made, or every application made has been rejected by the master of titles and refused by the registrar—the land shall vest in the public trustee;

(b) if an application has been made within the specified time and is refused by the registrar having been previously rejected by the master of titles—the land shall on such refusal become vested in the public trustee;

(c) if an application has been made but in the opinion of the registrar the applicant has not proceeded with due diligence—the registrar may give written notice to the applicant requiring the applicant to take such action in regard to the application as the registrar may require in a time to be stated in the notice and if the applicant in the opinion of the registrar does not afterwards take such action within such time or such further time as the registrar may allow, the master of titles shall reject and the registrar shall refuse such application;

(d) despite the compliance by the applicant with a notice given under paragraph (c) and until the registrar has allowed or refused the application—the registrar may from time to time give further such notices requiring such further action as the registrar thinks fit.

(7) Where the master of titles has rejected and the registrar has refused an application, the applicant may, even though the land has vested in the public trustee, proceed under the Real Property Act 1861 , section 27 and the court may in such case make such order or orders in respect of the application as shall seem just and equitable.

(8) Any land shall, upon its vesting in the public trustee under this section, be deemed to be registered land and the registrar shall issue a certificate of title in the name of the public trustee subject to such estates, encumbrances, liens or interests, and bearing a memorial of any benefit easements appurtenant to the land, which shall have been then registered in respect of such land, and which are registrable under the Real Property Acts.

(9) Nothing in this section affects the operation of the Public Trustee Act 1978 , part 8 .

(10) The public trustee shall not, merely because of the vesting in the public trustee of land under this section, be subject to any liability in respect of such land.

(11) The public trustee may, if the public trustee sees fit, take such action to obtain damages or compensation for any taking or other dealing (whether under any statutory power or otherwise) with land vested in the public trustee under this section or any interest in the land as the public trustee might if the land were otherwise vested in the public trustee as a trustee.

(12) Any money received by the public trustee because of action taken by the public trustee under subsection (11) shall be dealt with as if they were received by the public trustee under the Public Trustee Act 1978 , part 8 , division 2 .