South Australian Current Acts

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 27

27—Content of closed road title certificate

        (1)         A closed road title certificate issued pursuant to this Act must be in a form approved by the Registrar-General and must—

            (a)         describe the land to which the closed road title certificate relates; and

            (b)         in a case where the land is vested in a person for an estate in fee simple—

                  (i)         state that fact and describe the person in whom the land is vested; and

                  (ii)         if the land is by virtue of this Act subject to any trusts—describe the trusts; and

            (c)         in a case where the land is retained by the council and a certificate of title is to be issued—state that fact; and

            (d)         in a case where the land is vested in the Crown and incorporated as part of land subject to a Crown lease or agreement to purchase—state that fact and describe the lease or agreement; and

            (e)         describe any easement to which the land is subject; and

            (f)         set out any other matter provided for by this Part or required by the Registrar-General.

        (2)         In a closed road title certificate, the Minister may, on the recommendation of the Surveyor-General, specify that no land other than that described in the certificate may be included in a certificate of title issued by the Registrar-General pursuant to this Part.

        (3)         Where—

            (a)         land other than that described in a closed road title certificate will be included in a certificate of title issued pursuant to this Part; and

            (b)         an interest or caveat is registered in respect of that other land,

the Minister must, on the request of the registered proprietor of that other land, include in the closed road title certificate a statement that the land to which the closed road title certificate relates is not to be subject to any specified interest or caveat registered in respect of that other land.

        (4)         Where—

            (a)         a closed road title certificate relates to land that is vested in the Crown and incorporated as part of other land subject to a Crown lease or agreement to purchase; and

            (b)         an interest or caveat is registered in respect of that other land,

the Minister must, on the request of the registered proprietor of that other land, include in the closed road title certificate a statement that the land to which the closed road title certificate relates is not to be subject to any specified interest or caveat registered in respect of that other land.