Victorian Current Acts

TRANSFER OF LAND ACT 1958 - SECT 54

Notwithstanding anything in any Act where any land vests, whether free from encumbrances or subject to any particular encumbrances, in any acquiring authority by the operation of the Land Acquisition and Compensation Act 1986 or of any other Victorian or Commonwealth enactment without transfer or conveyance thereto, and a plan of subdivision is not required by section 35 of the Subdivision Act 1988 , upon the granting of an application made in an appropriate approved form by the acquiring authority (which application shall be made as soon as practicable after the vesting)—

S. 54(a) amended by No. 18/1989 s. 12(Sch. 1 item 85(a)(i)(ii)).

        (a)     where the land so vested is under the operation of this Act—the acquiring authority shall, without any further transfer conveyance disposition or assurance or the production of any certificate of title or any other instrument or document, be registered as the proprietor of the land in fee simple free from all encumbrances or subject to the encumbrances hereinbefore referred to (as the case requires) by the creation of a new folio of the Register recording the name of the acquiring authority as registered proprietor;

S. 54(b) amended by Nos 18/1989 s. 12(Sch. 1 item 85(b)(i)(ii)), 48/1991 s. 52.

        (b)     where the land so vested is not under the operation of this Act—the land shall, without any further or other application or any conveyance or assurance or the publication of any notice or the production or examination of any documents of title whatsoever or the payment of any sum to the Consolidated Fund, be brought under the operation of this Act and a folio of the Register in fee simple free from all encumbrances or subject to the encumbrances hereinbefore referred to (as the case requires) shall be created in the name of the acquiring authority as registered proprietor.

No. 5842 s. 55.