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LOCAL GOVERNMENT ACT 1989 - SECT 207D

Registration of titles of land affected by action concerning roads

    (1)     This section applies if—

        (a)     land vests in a Council under section 207B; or

        (b)     a Council takes any action under clause 2, 3, 7 or 8(1)(a) of Schedule 10 or clause 11 of Schedule 11 that affects the title to any land—

and either section 35 of the Subdivision Act 1988 does not apply to the land or else there is no present intention to dispose of the land.

    (2)     The Council must, if required by the Registrar, give the Registrar a notice of any action referred to in subsection (1)(b) or a transfer of land—

        (a)     that is in a form approved by the Registrar; and

        (b)     that contains all the information required by the Registrar for the purposes of subsection (3); and

        (c)     that states whether or not it has given notice under section 223 in relation to the proposed action.

    (3)     On being given that notice or transfer, the Registrar may do anything that is necessary to give effect in the Register under the Transfer of Land Act 1958 to the vesting or the action taken by the Council.

    (4)     Without limiting the power given to him or her by subsection (3), the Registrar may—

        (a)     register the transfer of land; and

        (b)     if the transfer is not accompanied by a certificate of title, register it in the same way as if it had been accompanied by a certificate of title in the name of the Council as proprietor; and

        (c)     alter folios of the Register, plans of subdivision and any other documents and give notice to people affected by any such alteration if the Council has not already given notice under section 223 that it will consider submissions concerning its intention to exercise a power given to it by Schedule 10 or 11; and

        (d)     require a person to produce any instrument or document other than a certificate of title; and

        (e)     dispense with the production of any document.

    (5)     Section 54 of the Transfer of Land Act 1958 does not apply to any land to which this section applies.

S. 207E inserted by No. 125/1993 s. 22.



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