Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In the event of
any duplicate certificate of title in the case of a paper title or Crown lease
being lost or destroyed or becoming so obliterated as to be useless,
application may be made to the Commissioner for the creation and registration
of a certificate of title or a Crown lease to replace the duplicate
certificate of title or Crown lease the duplicate of which has been lost or
destroyed or obliterated as aforesaid, and the Commissioner may, upon proof to
his satisfaction of the loss or destruction or obliteration of such duplicate
certificate of title or Crown lease, direct the Registrar to cancel the
certificate of title or the Crown lease for the land then comprised in the
certificate of title or the Crown lease the duplicate whereof has been lost or
destroyed or obliterated and to create and register a new certificate of title
or Crown lease for such land.
Provided that the
Registrar, before registering such new certificate of title or Crown lease,
shall give at least 14 days’ notice of his intention so to do in at
least one newspaper published in the city of Perth or circulating in the
neighbourhood of the land.
(1a) In the event of
any duplicate certificate of title in the case of a digital title being lost
or destroyed or becoming so obliterated as to be useless, application may be
made to the Commissioner for the issue of a new edition of the duplicate
certificate of title to replace the lost, destroyed or obliterated duplicate
certificate of title and the Commissioner may, upon proof to his satisfaction
of the loss or destruction or obliteration of such duplicate certificate of
title, direct the Registrar to issue a new edition of the duplicate
certificate of title.
(2) A duplicate
certificate of title or Crown lease replaced by a duplicate certificate of
title or Crown lease under subsection (1) and section 48B ceases to
have effect on the registration of the new certificate of title or Crown lease
under subsection (1).
(3) A duplicate
certificate of title replaced by a duplicate certificate of title under
subsection (1a) ceases to have effect on the issue of the new edition of
the duplicate certificate of title under that subsection.
(3a) If the duplicate
certificate of title or Crown lease replaced by a duplicate certificate of
title or Crown lease under subsection (1) and section 48B or under
subsection (1a) is found or recovered, the person who finds or recovers
the duplicate shall immediately lodge it with the Registrar who shall endorse
it to note that it has ceased to have effect under subsection (2) or (3),
as is relevant to the case.
(4) When a duplicate
Crown lease is replaced under subsection (1), the Registrar shall, in
cancelling that Crown lease under that subsection, endorse the relevant
certificate of Crown land title or qualified certificate of Crown land title,
as the case requires, with all the particulars of, or endorsed on, that Crown
lease.
(5) In this section, a
reference to a Crown lease includes a reference to a Crown land lease issued
by the Minister for Lands.
[Section 75 inserted by No. 28 of 1944
s. 2 (as amended by No. 17 of 1950 s. 75); amended by
No. 81 of 1996 s. 48; No. 31 of 1997 s. 101; No. 6 of 2003
s. 27.]