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LOCAL GOVERNMENT ACT 1995 - SECT 6.71

LOCAL GOVERNMENT ACT 1995 - SECT 6.71

6.71 .         Power to transfer land to Crown or to local government

        (1)         If under this Subdivision land is offered for sale but at the expiration of 12 months a contract for the sale of the land has not been entered into by the local government, it may by transfer, where the land is subject to the provisions of the Transfer of Land Act 1893 , and by deed, where the land is not subject to the provisions of that Act, transfer or convey the estate in fee simple in the land to —

            (a)         the Crown in right of the State; or

            (b)         the local government.

        (2)         When a local government exercises the power referred to in subsection (1)(a) in relation to any land all encumbrances affecting the land are, by virtue of this section of no further force or effect against that land and the Registrar of Titles or the Registrar of Deeds and Transfers, as the case requires, is to give effect to this section.

        (3)         When exercising the power referred to in subsection (1)(b) the local government is required to pay the sum secured by, or payable under, a mortgage, lease, tenancy, encumbrance or charge in favour of the Crown in right of the State or a department, agency, or instrumentality of the Crown in right of the State.

        (4)         Schedule 6.3 has effect in relation to the exercise of the power referred to in subsection (1).

        [Section 6.71 amended: No. 47 of 2011 s. 16.]