Queensland Consolidated Acts
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PROPERTY LAW ACT 1974 - SECT 250
Progressive registration of unregistered land
250 Progressive registration of unregistered land
(1) The registrar may from time to time by gazette notice (the
"prescribed notice" ) direct that any unregistered land described, or that all
such land in any area defined, in the notice shall be subject to this division
and that, unless an application to bring the land under the Real Property Acts
is made within the period of time as is specified in the prescribed notice
"specified time" ) by the person entitled to make such application, such land
shall be liable, under the further provisions of this division, to be brought
under the Real Property Acts and a certificate of title issued for it in the
name of the public trustee free from any estates, encumbrances, liens or
interests whatsoever otherwise than are registrable under the Real Property
Act 1861 (
"registrable interests" ) and which shall have been allowed by the registrar
under this section and which immediately prior to the issue of such
certificate of title were registered in respect of that unregistered land.
(2) In addition to publication of the prescribed notice as provided in
subsection (1) , the registrar shall give to each person appearing to the
registrar (whether by reference to records of any local government or
otherwise) to be the owner of the land and to each person appearing to have an
interest in the land a copy of such notice together with a written statement
briefly explaining the nature of this division.
(3) The registrar may also
cause a copy of the prescribed notice and a statement briefly explaining the
nature of this division to be advertised in a newspaper published in Brisbane
and in addition where in the opinion of the registrar the land is situated at
a distance more than 50km from Brisbane in any newspaper circulated in the
neighbourhood of the land to which such notice relates.
(4) Within the
specified time the person entitled in respect of any land the subject of a
prescribed notice to make application to bring the land under the provisions
of Real Property Acts, shall make and afterwards with due diligence proceed
with an application to bring the land under those Acts.
(5) Any person
claiming to be entitled to any registrable interests in respect of any land
the subject of a prescribed notice may within the specified time make
application to have such interests noted on any certificate of title which may
issue in respect of such land under this section and on the making of the
application the Real Property Acts shall apply to such application as if it
were an application to bring unregistered land under those Acts, with any
necessary modification to meet the circumstances of the case.
(5A) If the
applicant establishes the claim, the registrar upon issuing a certificate of
title for the land shall note on the certificate the interest of the applicant
under the Real Property Act 1861 , section 33 .
(6) In regard to any land the
subject of the prescribed notice which shall not have been brought under the
Real Property Acts upon the expiration of the specified time the following
provisions shall apply—
(a) if no application has been made, or every
application made has been rejected by the master of titles and refused by the
registrar—the land shall vest in the public trustee;
(b) if an application
has been made within the specified time and is refused by the registrar having
been previously rejected by the master of titles—the land shall on such
refusal become vested in the public trustee;
(c) if an application has been
made but in the opinion of the registrar the applicant has not proceeded with
due diligence—the registrar may give written notice to the applicant
requiring the applicant to take such action in regard to the application as
the registrar may require in a time to be stated in the notice and if the
applicant in the opinion of the registrar does not afterwards take such action
within such time or such further time as the registrar may allow, the master
of titles shall reject and the registrar shall refuse such application;
despite the compliance by the applicant with a notice given under paragraph
(c) and until the registrar has allowed or refused the application—the
registrar may from time to time give further such notices requiring such
further action as the registrar thinks fit.
(7) Where the master of titles
has rejected and the registrar has refused an application, the applicant may,
even though the land has vested in the public trustee, proceed under the Real
Property Act 1861 , section 27 and the court may in such case make such order
or orders in respect of the application as shall seem just and equitable.
Any land shall, upon its vesting in the public trustee under this section, be
deemed to be registered land and the registrar shall issue a certificate of
title in the name of the public trustee subject to such estates, encumbrances,
liens or interests, and bearing a memorial of any benefit easements
appurtenant to the land, which shall have been then registered in respect of
such land, and which are registrable under the Real Property Acts.
Nothing in this section affects the operation of the Public Trustee Act 1978 ,
part 8 .
(10) The public trustee shall not, merely because of the vesting in
the public trustee of land under this section, be subject to any liability in
respect of such land.
(11) The public trustee may, if the public trustee sees
fit, take such action to obtain damages or compensation for any taking or
other dealing (whether under any statutory power or otherwise) with land
vested in the public trustee under this section or any interest in the land as
the public trustee might if the land were otherwise vested in the public
trustee as a trustee.
(12) Any money received by the public trustee because
of action taken by the public trustee under subsection (11) shall be dealt
with as if they were received by the public trustee under the
Public Trustee Act 1978 , part 8 , division 2 .
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