Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 28

Creation of folio of the Register and certificate of title

28. Creation of folio of the Register and certificate of title





(1) On receipt of a Crown grant in fee or by way of a perpetual lease or a
lease for years, in accordance with section 8, the Registrar must-

   (a)  register the Crown grant; and

   (b)  create a folio of the Register for the land to which the Crown grant
        relates; and

   (c)  cancel the Crown grant.



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(1B) When, in accordance with this Act, a certificate of title is created for
the folio of the Register relating to the land referred to in subsection (1)
for delivery to the person entitled to that certificate, the Registrar must
forward to that person a copy of the applicable conditions, exceptions and
reservations relating to that land as contained in the Crown grant or Crown
lease (as the case requires).



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(3) If a prescribed authority is registered as the proprietor of an estate in
fee in land under the operation of this Act, unless the prescribed authority
makes a request to the contrary, it is not necessary for a certificate of
title to be produced for the prescribed authority, and the provisions of this
Act shall apply in relation to the land with any modification required by this
section.

(4) In this section prescribed authority means a person corporation or body of
persons authorized by or under any Victorian or Commonwealth Act or law to
hold land, being a person corporation or body of persons which is declared by
the Minister administering the Conservation, Forests and Lands Act 1987 by
notice published in the Government Gazette to be a prescribed authority within
the meaning of this section on application made to the Minister administering
that Act by the person corporation or body of persons for the purpose.

(5) Notwithstanding anything to the contrary in this section, a Crown grant
may describe any land by reference to a separate map or plan in the Office of
Titles and so much of any separate map or plan as relates to the land
described shall be deemed to form part of the Crown grant in which the land is
comprised.