Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) This section does not apply to, or in relation to, any land in respect of which an application under section 11 has been made.
(2) The Recorder may, on the application of the Director-General of Lands, bring under this Act any land of the Crown by creating a folio of the Register for the land.
(3) Where land is brought under this Act pursuant to subsection (2) –
(a) the Crown shall be registered as the proprietor of the land for an estate in fee simple;
(b) the land remains subject to any limitation, exception, reservation, condition, or restriction to which it was subject immediately before it was so brought under this Act; and
(c) the Recorder may record on the folio created under that subsection such particulars as he considers appropriate relating to any matter affecting the land in force under the Crown Lands Act 1976 or any other Act.
(4) The Recorder may at any time cancel or amend in such manner as he considers appropriate an endorsement made on a folio under subsection (3)(c).
(5) Where particulars of a lease are recorded in the folio of the Register under subsection (3)(c), the Recorder may –
(a) create a folio of the Register for the lease; and
(b) record in that folio as the registered proprietor of the lease the name of a person who, in the opinion of the Recorder, is so entitled.
(6) In an application made under subsection (2), the Director-General of Lands may request the Recorder to note on the relevant folio that the land is subject to any limitation, exception, reservation, condition or restriction in accordance with the Crown Lands Act 1976 and any other limitation, exception, reservation, condition, restriction, covenant or easement as the Director-General of Lands may require or as is created.
(7) Where on the commencement of the Crown Lands (Shack Sites) Act 1997 the Crown is the registered proprietor of any land, that land is subject to any limitation, exception, reservation, condition or restriction that is noted on the relevant folio.
(8) On application by the Director-General of Lands, the Recorder may amend any limitation, exception, reservation, condition or restriction noted on the folio.
(9) A transfer of any land of which the Crown is the registered proprietor is, unless the parties otherwise agree, to be subject to any limitation, exception, reservation, condition, restriction, covenant or easement that is noted on the relevant folio under this section.
(10) Where the Recorder brings land under this Act pursuant to an application made under subsection (2), the application is taken to be a registered dealing.