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TRANSFER OF LAND ACT 1893 - SECT 81ZA

TRANSFER OF LAND ACT 1893 - SECT 81ZA

81ZA .         Procedure for registering interests for which no certificate of Crown land title or qualified certificate of Crown land title exists

        (1)         Subject to section 20(2) of the Land Administration Act 1997 , a person claiming an interest in a parcel of Crown land in respect of which —

            (a)         no certificate of Crown land title has been created and registered; and

            (b)         no qualified certificate of Crown land title exists,

                may lodge with the Registrar for registration or recording a dealing evidencing, or a caveat claiming, that interest.

        (2)         On receiving a dealing or caveat lodged with him under subsection (1), the Registrar shall refer that dealing or caveat to the Minister for Lands.

        (3)         When a dealing or caveat is referred to him under subsection (2), the Minister for Lands shall —

            (a)         if he is satisfied that any interests in, or caveats or dealings in respect of, the relevant parcel of Crown land are clearly identified and that there is, in the case of 2 or more such interests or caveats, no dispute concerning the respective priorities of those interests or caveats, apply to the Registrar for the creation and registration of a certificate of Crown land title; or

            (b)         if he is not so satisfied, apply to the Registrar for the creation and registration of a qualified certificate of Crown land title,

                in respect of that parcel.

        [Section 81ZA inserted: No. 31 of 1997 s. 104(1).]