Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 54

Issue of certificates of title in respect of lands vested in acquiring authority

54. Issue of certificates of title in respect of lands vested in acquiring
authority

Notwithstanding anything in any Act where any land vests, whether free from
encumbrances or subject to any particular encumbrances, in any acquiring
authority by the operation of the Land Acquisition and Compensation Act 1986
or of any other Victorian or Commonwealth enactment without transfer or
conveyance thereto, and a plan of subdivision is not required by section 35 of
the Subdivision Act 1988, upon the granting of an application made in an
appropriate approved form by the acquiring authority (which application shall
be made as soon as practicable after the vesting)-

   (a)  where the land so vested is under the operation of this Act-the
        acquiring authority shall, without any further transfer conveyance
        disposition or assurance or the production of any certificate of title
        or any other instrument or document, be registered as the proprietor
        of the land in fee simple free from all encumbrances or subject to the
        encumbrances hereinbefore referred to (as the case requires) by the
        creation of a new folio of the Register recording the name of the
        acquiring authority as registered proprietor;

   (b)  where the land so vested is not under the operation of this Act-the
        land shall, without any further or other application or any conveyance
        or assurance or the publication of any notice or the production or
        examination of any documents of title whatsoever or the payment of any
        sum to the Consolidated Fund, be brought under the operation of this
        Act and a folio of the Register in fee simple free from all
        encumbrances or subject to the encumbrances hereinbefore referred to
        (as the case requires) shall be created in the name of the acquiring
        authority as registered proprietor.