SCHEDULE 2 - Registration of Proclamations

Sections 7 and 8

1.   

(1) Where under section 7 (5) a proclamation, relating to land held which is subject to the Land Titles Act 1980 , is required to be registered –

(a) a copy of the proclamation; and

(b) a description of the land in a manner approved by the Recorder –

is to be lodged with the Recorder.

(2) The Recorder must register the proclamation as if it were a dealing lodged in accordance with the Land Titles Act 1980 .

(3) If for any reason the certificate of title, if any, grant, if any, or duplicate registered dealing, if any, of the land to be affected by the proclamation are unable to be produced to the Recorder in accordance with the Land Titles Act 1980 , section 51 (1) of that Act does not apply.

2.   

(1) Where under section 7 (5) a proclamation, relating to alienated land the title to which is not subject to the Land Titles Act 1980 , is required to be registered –

(a) a copy of the proclamation; and

(b) a description of the land in a manner approved by the Recorder –

is to be lodged with the Recorder.

(2) The Recorder must register the proclamation as if it were an instrument lodged in accordance with the Registration of Deeds Act 1935 .

(3) If a proclamation is lodged under the Registration of Deeds Act 1935 , it must be accompanied by an application under section 11 of the Land Titles Act 1980 .

3.    Where a proclamation relates to land, not being land owned by a municipality, which is held in more than one title, the Minister may, in a form approved by the Recorder, apply to the Recorder for the issue of a single folio of the Register for that land and the Minister's application is to have the same effect as an adhesion order made by a municipality under section 110 of the Local Government (Building and Miscellaneous Provisions) Act 1993 .

4.   

(1) Where under section 8 (3) a proclamation required to be registered –

(a) a copy of the proclamation; and

(b) a description of the land to which the proclamation relates in a manner approved by the Recorder –

is to be lodged with the Recorder.

(2) The Recorder must register the proclamation as if it were a dealing lodged in accordance with the Land Titles Act 1980 .

(3) If for any reason the certificate of title, if any, grant, if any, or duplicate registered dealing, if any, of the land to be affected by the proclamation are unable to be produced to the Recorder in accordance with the Land Titles Act 1980 , section 51 (1) of that Act does not apply.

5.    In this Schedule, Register has the same meaning as it has in the Land Titles Act 1980 .