Victorian Consolidated Legislation

Mildura Irrigation and Water Trusts Act 1969 - SECT 27

Trust to apply to Registrar for effect to be given to provisions of this Part

27. Trust to apply to Registrar for effect to be given to provisions of this
Part



(1) As soon as may be after the appointed day, the Trust shall make
application in writing to the Registrar of Titles for effect to be given to
the provisions of this Part in the Register Book.

(2) The application shall be accompanied by instruments creating the
encumbrances referred to in the sealed schedule as proposed to be created by
instruments.

(3) The Trust shall produce or cause to be produced to the Registrar every
duplicate certificate of title issued in respect of land in the Mid Area, and
the duplicate (if any) of every registered mortgage charge lease or sub-lease
relating to the said land.

(4) Where for any reason the Trust is unable within a reasonable time to
produce or have produced any duplicate certificate of title or instrument the
Supreme Court or a Judge thereof may, on the application of the Trust, require
any person having the custody or control of the duplicate certificate of title
or instrument to produce the same to the Registrar or authorize the Registrar
to dispense with the production thereof.

(5) No fee or duty shall be payable on the application made under sub-section
(1).

(6) On receipt of the application the Registrar of Titles shall-

   (a)  cancel every Crown Grant and certificate of title issued in respect of
        land in the Mid Area (other than land shown on the sealed plan as not
        being included in the re-subdivision);

   (b)  issue a separate certificate of title for each new allotment (other
        than any new allotment which is vested in the Crown) in accordance
        with the sealed schedule and subject to the encumbrances shown in the
        second part of the sealed schedule in accordance with items (A) and
        (B) of sub-paragraph (iii) of paragraph (b) of section 17 as affecting
        that new allotment;

   (c)  register the instruments accompanying the application in the priority
        set out in the sealed schedule and in priority to any other
        instruments affecting the same land; and

   (d)  make such other memoranda and entries on any certificate of title,
        instrument, duplicate certificate of title or instrument, plan of
        subdivision or other document as appear to him to be necessary or
        expedient to give effect to this Act.

(7) The Registrar of Titles shall deliver each duplicate certificate of title
and duplicate instrument to the person named in the sealed schedule as being
entitled to receive it.