Western Australian Consolidated Acts

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COUNTRY AREAS WATER SUPPLY ACT 1947 - SECT 97

97 .         Functions of Corporation and Registrar relating to transfer or conveyance

        (1)         The transfer or conveyance shall be in the proper form prescribed by the Act or law governing the registration of transfers or conveyances of the land, and shall be executed by or on behalf of the Corporation.

        (2)         The transfer or conveyance shall be forwarded to the Registrar of Titles, Registrar of Deeds, or other person having the custody or control of the public record relating to the land, for registration, and shall be accompanied by the prescribed registration fees.

        (3)         Where the land sold is under the Transfer of Land Act 1893 , the Registrar of Titles, upon production to him of the transfer and declaration, shall register the transfer, and notwithstanding any provision of that Act to the contrary, production of the duplicate certificate of title shall not be required, but, for the purposes of registration, the Registrar may, if he thinks fit, make such orders and publish such advertisements as are provided for in the case of dealings with land when the duplicate certificate of title is lost or not produced.

        (4)         Where any transfer or conveyance is expressed to be in exercise of the power of sale conferred by this Act, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorise the sale or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorised or improper or irregular exercise of the power shall, subject to this Act, have his remedy in damages against the Corporation, but shall have no other remedy in damages or for compensation against the Crown.

        [Section 97 amended by No. 25 of 1985 s. 142; No. 73 of 1995 s. 63; No. 81 of 1996 s. 153(1); No. 31 of 1997 s. 18(10).]



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