Western Australian Consolidated Acts

WATER BOARDS ACT 1904 - SECT 62D

62D .         Transfer of land restricted until deferred amount paid

        (1)         The Registrar cannot register or accept for registration an instrument to transfer land to which this section applies unless the water board consents in writing.

        (2)         This section applies to a lot in respect of which payment is deferred under section 62C if — 

            (a)         on the subdivisional plan or diagram approved by the Western Australian Planning Commission and deposited with the Registrar it is shown that this section is to apply to the lot; or

            (b)         the water board delivers to the Registrar a memorial, in a form approved by the Registrar, to make this section apply to the lot.

        (3)         When a plan or diagram that makes this section apply is deposited with the Registrar — 

            (a)         the prescribed fee is payable for making this section apply; and

            (b)         the Registrar is required to endorse or note the Register Book to show that this section applies.

        (4)         A plan or diagram that does not make this section apply cannot, after it is deposited with the Registrar, be altered to make this section apply.

        (5)         When a memorial that makes this section apply is delivered to the Registrar, the Registrar is required, on payment of the prescribed fee, to register the memorial and endorse or note the Register Book accordingly.

        (6)         When the deferred amount has been paid, the water board is required to provide a notice in writing directing that this section cease to apply to the land in respect of which the payment is made.

        (7)         The notice is to be in the form approved by the Registrar and is to be signed by a person authorised by the water board.

        (8)         Upon delivery of the notice to the Registrar and payment of the prescribed fee, the Registrar is required to endorse or note the Register Book to indicate that this section has ceased to apply to the land, and this section ceases to apply accordingly.

        (9)         In this section — 

        prescribed fee means such fee as may be prescribed under the Transfer of Land Act 1893 ;

        Registrar means the Registrar of Titles.

        [Section 62D inserted by No. 12 of 1996 s. 14.]