Victorian Current Acts Victorian Current Acts(1) An entitled person may apply under this section to the Registrar to have the land brought under this Act.
S. 15(2) amended by No. 42/2017 s. 10(1).
(2) An application must be in the approved form and the applicant must lodge with the application—
(a) a plan of survey of the land (with an abstract of field records) certified by a licensed surveyor or any other plan, diagram or document describing the land which satisfies the Registrar as to description; and
(b) the deeds that relate to the title to the land and that are in the applicant's possession; and
(c) the deeds that relate to the title to the land and that the person may compel another person to produce except—
(i) deeds which are deposited with the Registrar-General under the Property Law Act 1958 ; and
(ii) deeds which are retained by the Registrar under section 26T or any corresponding previous provision; and
(d) a search of title; and
(e) a legal practitioner's certificate relating to the title to the land; and
(f) if the applicant's title to the land is claimed by possession, the material on which the legal practitioner's certificate is based.
(3) The Registrar must cause notice of the proposed creation of the folio to be given in accordance with section 26Q.
(4) If in respect of land the provisions of subsection (1) and of subsection (2)(a), (b), (c), (d) and (e) and of sections 26Q and 26R are complied with and the deeds lodged show a good root of title which is at least 30 years old, the Registrar may create—
(a) an ordinary folio; or
(b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate.
(5) If in respect of a title to land claimed by possession, the provisions of subsection (1) and subsection (2)(a), (d), (e) and (f) and of sections 26Q and 26R are complied with, the Registrar may create—
(a) an ordinary folio; or
(b) a provisional folio on which there is recorded a warning in the form of Part III of the Fifth Schedule, a warning in the form of Part IV of the Fifth Schedule or both those warnings, as the Registrar considers appropriate.
(6) An applicant may withdraw an application at any time before the creation of a folio of the Register.
(7) On the withdrawal of an application, the Registrar must return to the applicant or to the person appearing to be entitled to them the documents lodged in support of the application.
S. 16 substituted by No. 85/1998 s. 6.