TRANSFER OF LAND ACT 1893 - SECT 81B
TRANSFER OF LAND ACT 1893 - SECT 81B
81B . Registration of Crown leases issued before 2 May 1910
(1) A Crown lease
issued before the commencement of the Transfer of Land Act Amendment Act 1909
, may be made subject to and registered under the operation of this Act, by an
application in the form in the Twenty-eighth Schedule.
(2) Such application
may be made by the lessee or any person claiming through him, or by any
mortgagee, and shall be accompanied by —
(a) the
instrument of lease and certified copies of all existing mortgages, subleases,
and other dealings (if any) registered under the Land Act 1898 1 ; and
(b) a
certified copy of the lease to be supplied by the Department of Lands and
Surveys 8 to the applicant for such purpose; and
(c) the
written consent of all registered mortgagees; and
(d) in
applications by mortgagees, the written consent of the lessee.
(3) The Registrar
shall refer such application to the Commissioner for his direction, and if the
Commissioner is satisfied as to the title of the applicant he shall direct the
Registrar to bring the land under the Act, either forthwith or after
advertisement.
(4) When the Registrar
is satisfied that the preceding provisions of this section have been complied
with, he shall —
(a)
enter in a journal particulars of the lease, and of all existing mortgages and
subleases, and mark on the lease and the certified copy the number appearing
in the journal, and endorse on the lease and certified copy all existing
mortgages and subleases, and sign his name to the lease and certified copy and
such endorsements; and
(b)
retain and register in the Register of Leases the original lease instrument
and deliver the certified copy to the lessee, or, in the case of a mortgage,
to the mortgagee.
(5) Any mortgage or
sublease of a Crown lease made prior to the lease being registered under this
section, and which is still operative —
(a)
shall be recorded on the original instrument of lease and on the certified
copy; and
(b) when
so recorded, shall be read as if it contained all the covenants, powers, and
conditions which by this Act are implied in mortgages or subleases or
conferred upon the parties thereto, except so far as such mortgage or sublease
contains express provisions to the contrary.
[Section 81B inserted: No. 54 of 1909 s. 4 (as
amended: No. 17 of 1950 s. 75).]