Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 139

Evidence of ownership

    (1)     In any proceedings under this Act in addition to any other method of proof available—

        (a)     evidence that the person proceeded against is rated in respect of any land to any general rate for the municipal district in which the land is situated; or

S. 139(1)(b) amended by No. 18/1989 s. 13(Sch. 2 item 63(d)).

        (b)     evidence by a certificate as to any recording   in the Register or by a certified reproduction of a registered instrument given under section 114(2) of the Transfer of Land Act 1958 that any person is the registered proprietor of an estate in fee‑simple or of a leasehold estate held of the Crown in any land; or

        (c)     evidence by the certificate of the Registrar‑General or a Deputy Registrar‑General authenticated by the seal of the Registrar-General that any person appears from the memorial of any deed, conveyance or instrument to
be the last registered owner of any land

is evidence that the person is the owner or the occupier (as the case may be) of the land.

    (2)     The Registrar-General must provide a certificate under subsection (1)(c) upon the written application of an authorised officer of the responsible authority who must certify that it is required for legal proceedings under this Act.



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