LAND ACT 1958 - SECT 61 Encumbranced leases
LAND ACT 1958 - SECT 61
Encumbranced leasesS. 61(1) amended by No. 7228 s. 7(Sch. 4 Pt 19(l)), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).
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S. 61(2) amended by No. 8304 s. 5.
(2) Where any lease under this Act is subject to a registered encumbrance and the lessee obtains a Crown grant of such land (whether with or without any addition thereto or adjustment thereof)—
(a) such encumbrance shall without further or other authority than this Act be transferred and apply to such Crown grant and to the land thereby granted in all respects as if such Crown grant had been referred to in such encumbrance; and
S. 61(2)(b) substituted by No.
18/1989
s. 13(Sch. 2 item 41(b)).
(b) the Registrar of Titles must make a recording of the encumbrance on the relevant folio of the Register.
S. 61(2A) inserted by No. 9812 s. 7(1)(g).
(2A) In subsection (2), "lease under this Act" includes a purchase lease issued under the Agricultural Colleges Act 1958 .
No. 4873 s. 3(3).
S. 61(3) amended by No. 7228 s. 7(Sch. 4 Pt 19(l)).
(3) (a) Where the lease of any land under any of the provisions of this Act is subject to a registered encumbrance and before the expiration of the term thereof a new lease of the same land (whether with or without any addition thereto or adjustment thereof) is granted to the lessee in substitution for such first-mentioned lease such encumbrance shall, if the Minister considers it equitable, be transferred and apply to such new lease and to the land thereby demised in all respects as if such new lease had been referred to in such encumbrance.
(b) Upon the grant of any new lease referred to in the last preceding paragraph the Minister shall forthwith furnish to the Registrar of Titles—
(i) a certificate signed by the Minister setting forth the registered encumbrances on the former lease which are to be transferred to the new lease; or
(ii) where no encumbrances are to be transferred a notification in writing to that effect.
S. 61(3)(c) substituted by No. 18/1989 s. 13(Sch. 2 item 41(c)).
(c) The Registrar of Titles must, upon receipt of such certificate, make a recording of the encumbrance on the relevant folio of the Register.
Ss 62–69 repealed. [3]
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Pt 1 Div. 4 Subdiv. 5 (Heading and ss 70–84) repealed. [4]
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Pt 1 Div. 5 (Heading and ss 85–88) repealed. [5]
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Pt 1 Div. 6 (Heading and ss 89– 100) amended by Nos 7228 s. 7(Sch. 4 Pt 19(q)), 8181 s. 2(1)(Sch. item 94), 8461 ss 16–18, 9805 s. 3(a)–(c), 9861 s. 3(1), 9902 s. 2(1)(Sch. item 131), substituted as Pt 1 Div. 6 (Heading and ss 89 – 99) by No. 10011 s. 9, amended by No. 75/1987 s. 4(2).
Division 6—Sale of land by auction or tender
or to a public authority
No. 3709 s. 89.
S. 89 substituted by No. 10011 s. 9.