LOCAL GOVERNMENT ACT 1989 - SECT 207E Alterations to titles if land exchanged

LOCAL GOVERNMENT ACT 1989 - SECT 207E

    (1)     This section only applies if a Council agrees to exchange any land it acquires under Schedule 10 with other land owned by it.

    (2)     The registered proprietor, or the mortgagee in possession, of the land may apply to the Registrar of Titles to have the folio of the Register under the Transfer of Land Act 1958 amended to—

        (a)     include the land obtained from the Council; and

        (b)     exclude the land acquired by the Council from the folio of the Register.

    (3)     The Registrar must make the necessary amendments to the Register if the application—

        (a)     is in a form approved by the Registrar; and

        (b)     contains all the information required by the Registrar; and

        (c)     is accompanied by the written consent to the application of the proprietor of any mortgage, charge, lease or sub-lease that the land is subject to (if any).

    (4)     On the Registrar completing the necessary amendments—

        (a)     the land acquired by the Council is freed of any mortgage, charge, lease or sub-lease (if it is not already free of those encumbrances); and

        (b)     the land obtained from the Council becomes subject to any mortgage, charge, lease or sub-lease that the other land was subject to and is to be regarded as if it had always been part of the land described in the folio of the Register.

    (5)     The Subdivision Act 1988 does not apply to land to which this section applies.

S. 207F inserted by No. 125/1993 s. 22, amended by Nos 107/1995 s. 123, 50/1998 s. 50, repealed by No. 12/2004 s. 144.

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S. 208 (Heading) inserted by No. 12/2004 s. 147(1), substituted by No. 6/2010 s. 203(1)(Sch. 6 item 29.3) (as amended by No. 45/2010 s. 22).