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REAL PROPERTY ACT 1900 - SECT 31A
Creation of folio for resumed land
31A Creation of folio for resumed land
(1) In this Part--
"resumption" means compulsory acquisition of land (including compulsory
acquisition or appropriation of Crown land) under the provisions of any Act or
Act of the Commonwealth authorising compulsory acquisition or appropriation of
land, and
"resumed" has a corresponding meaning.
"resumption application" means application in the approved form to the
Registrar-General to cause to be registered as proprietor of land the person
entitled to the land by virtue of a resumption or by virtue of any further
vesting of resumed land by the operation of any Act or Act of the Parliament
of the Commonwealth, either directly or by reason of anything done in
pursuance thereof.
(2) Where resumed land is not under the provisions of this
Act-- (a) subject to subsection (2B), the Registrar-General shall, upon
lodgment of a resumption application relating to the land resumed, accompanied
by a copy of the instrument by which the resumption was effected, together
with any other evidence required by the Registrar-General, create a folio of
the Register for the estate or interest of the person in whom is vested the
land described in that resumption application without causing any examination
or report to be made as to the title to the land and without considering that
title otherwise than to satisfy himself or herself that the land described in
the resumption application is included in the resumed land, and
(c) in any
folio of the Register created in pursuance of this subsection the resumed land
may be described in the terms of or by reference to the instrument by which
the resumption was effected.
(2A) An easement or profit à prendre
which is created by resumption of land which is not under the provisions of
this Act may be the subject of, or may be included in, a
resumption application under subsection (2) and, for the purpose of giving
effect to such an application, the Registrar-General shall make any necessary
recordings in the Register.
(2B) A resumption application may not be made for
the creation of a folio of the Register for an easement or profit à
prendre alone.
(3) Where resumed land is under the provisions of this Act--
(a) the Registrar-General may, where the Registrar-General has notice of the
resumption, record the resumption in the Register of the Registrar-General's
own motion, and
(b) subject to paragraph (a), the Registrar-General, upon
lodgment of a resumption application relating to the land resumed, accompanied
by a copy of the instrument by which the resumption was effected and any other
evidence required by the Registrar-General, shall make such recording in the
Register as may be necessary to give effect to the resumption application.
(4) An action does not lie against the Registrar-General for the recovery of
damages sustained through deprivation of land, or of any estate or interest in
land, by reason that-- (a) the Registrar-General acted under this section in
relation to what purported to be, but was not, an effective resumption, or
(b) the Registrar-General failed to exercise the power conferred on the
Registrar-General by subsection (3) (a).
(5) The Registrar-General may give
notice to a person that at the expiration of a period specified in the notice
the Registrar-General proposes to give effect, under this section, to a
specified resumption application and, where the Registrar-General gives such a
notice, the Registrar-General may delay giving effect, under this section, to
the resumption application until the expiration of the period so specified.
(6) This section shall apply to and in respect of resumptions before or after
the commencement of the Real Property (Amendment) Act 1970 , except to the
extent that-- (a) a certificate of title issued in respect of the resumed land
after the resumption and before that commencement, or
(b) a
resumption application in respect of the resumed land was registered before
that commencement.
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