Victorian Consolidated Legislation

Mildura Irrigation and Water Trusts Act 1969 - SECT 25

Re-subdivision to take effect on appointed day

25. Re-subdivision to take effect on appointed day



(1) On the appointed day, without any further or other provision than this
Act-

   (a)  all estates and interests in any land in the Mid Area (other than any
        land shown in the sealed plan or sealed schedule as not being affected
        by the re-subdivision) shall forthwith cease and determine, and all
        encumbrances existing over lands in the Mid Area save and except any
        shown in the sealed schedule as proposed not to be extinguished shall
        be extinguished;

   (b)  all existing streets roads and channels in the Mid Area shall be
        closed;

   (c)  the sealed plan shall, notwithstanding that it affects Crown lands, be
        deemed to be a plan of subdivision approved by the Registrar of Titles
        under section 97 of the Transfer of Land Act 1958;

   (d)  every person who is shown in the second part of the sealed schedule as
        proposed to be registered as proprietor of an estate in a new
        allotment shall be entitled to be registered as the proprietor of that
        estate in the manner set out in the sealed schedule, and each new
        allotment shall be subject to the encumbrances shown on the
        sealed plan and in the second part of the sealed schedule (other than
        those proposed to be created by instruments);

   (e)  the lands (not being parts of new allotments) shown on the sealed plan
        as being set aside as streets roads or channels or for other purposes
        shall be lands of the Crown and, in the case of streets and roads,
        public highways;

   (f)  the persons shown in the sealed schedule as being liable to pay sums
        into, or being entitled to be paid sums out of, an adjustment fund,
        shall be liable to pay to or receive from, the Trust the said sums
        accordingly.

(2) On the appointed day, the persons specified in the second part of the
sealed schedule as proposed parties to any instrument creating an encumbrance
shall become liable to execute the necessary instrument in terms to be agreed
upon by them, or, in default of agreement, settled by the Trust and, in the
event that any such instrument is not executed by the parties within a
reasonable time, the Trust shall execute the instrument for and on behalf of
any party who has not then executed the instrument.

(3) An instrument executed by the Trust pursuant to sub-section (2) shall
operate and be for all purposes available as if it had been executed by the
persons for and on whose behalf it was so executed.

(4) The Trust may recover any sum which any person is liable to pay into an
adjustment fund under this section from that person in any court of competent
jurisdiction as a civil debt recoverable summarily, in all respects as if the
sum were a debt owed to the Trust.

(5) Notwithstanding anything to the contrary in this section, the provisions
of this section shall not affect any reservations exceptions conditions or
powers contained in any Crown Grant of land in the Mid Area except that, where
part only of the land in any new allotment was in the Crown Grant thereof
limited to a specified depth, the whole of the new allotment shall be limited
to that depth.