LOCAL GOVERNMENT ACT 1995 - SECT 6.72

LOCAL GOVERNMENT ACT 1995 - SECT 6.72

6.72 .         Title to land sold or transferred

                Where a transfer or conveyance of an estate in fee simple in land is made in purported exercise of a power under section 6.64(1)(b), (c) or (d) the title transferred or conveyed is not impeachable on the ground that —

            (a)         no case had arisen to authorise the sale; or

            (b)         the proper procedures were not followed; or

            (c)         the power was otherwise improperly or irregularly exercised,

                and a person who claims there has been an unauthorised or improper or irregular exercise of the power has a remedy in damages against the relevant local government but not against the Crown or the State with the Registrar as the nominal defendant under the Transfer of Land Act 1893 .

        [Section 6.72 amended: No. 81 of 1996 s. 153(1).]