Victorian Consolidated Legislation

Mildura Irrigation and Water Trusts Act 1969 - SECT 17

Trust to prepare schedule of adjustments

17. Trust to prepare schedule of adjustments

The Trust shall also cause to be prepared a schedule of adjustments showing-

   (a)  in the first part thereof, in respect of each holding-

   (i)  a description of the land in the holding by reference to a plan and to
        particulars of Crown grants of or certificates of title to the land
        (if any);

   (ii) the name and address of the registered proprietor of the land or a
        note that the land is land of the Crown (as the case may be);

   (iii) the estate of each registered proprietor and, where there are two or
        more registered proprietors of an estate, the manner in which that
        estate is held;

   (iv) particulars of any encumbrances appearing from the Register Book to
        affect the whole or any part (specifying it) of the holding;

   (v)  so far as they are known to the Trust after diligent inquiry made by
        it, particulars of any encumbrances affecting the whole or any part
        (specifying it) of the holding and not appearing from the
        Register Book;

   (b)  in the second part thereof, in respect of each proposed new allotment-

   (i)  the name and address of the person proposed to be registered as
        proprietor of the new allotment or a note that it is proposed that the
        allotment be land of the Crown (as the case may be);

   (ii) the estate of which it is proposed that each such person be registered
        as proprietor and, where there are to be two or more registered
        proprietors of an estate, the manner in which it is proposed that the
        estate be held;

   (iii) any encumbrances to which it is proposed that the new allotment or
        any part thereof (specifying it) be shown as being subject in the
        Register Book, showing separately particulars of-

                (A)  any existing encumbrances which it is proposed should not
                     be extinguished;

                (B)  any easements which it is proposed should be implied by
                     the operation of section 98 of the
                     Transfer of Land Act 1958; and

                (C)  in order of priority, any encumbrances which it is
                     proposed should be created by a mortgage charge lease
                     sub-lease or other instrument to be registered in the
                     Register Book;

   (iv) any encumbrances subject to which it is proposed that the new
        allotment or any part thereof (specifying it) should be held, and
        which are not to be entered in the Register Book;

   (v)  to whom it is proposed that the duplicate certificate of title for the
        new allotment and any duplicate instrument affecting the new allotment
        or any part thereof should be delivered by the Registrar of Titles;

   (c)  in the third part thereof, any sum which it is proposed should be paid
        by any person into, or paid to any person out of, an adjustment fund
        to be established by the Trust in consequence of the re-subdivision;
        and

   (d)  in the fourth part thereof, any further particulars which the Trust
        believes ought to be shown in connexion with the proposed
        re-subdivision.