Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 9.41

9.41 .         Proving ownership, occupancy, and other things by certificate

        (1)         Evidence that a person is the owner of land may be given by tendering a document purporting to be —

            (a)         a certificate signed by the Registrar of Deeds and Transfers or an assistant registrar of deeds and transfers, stating that the person appears from a memorial of registration of a deed, conveyance, or other instrument to be the owner of the land; or

            (b)         a certificate signed by the Registrar of Titles or an Assistant Registrar stating that the person’s name appears in a register kept under the Transfer of Land Act 1893 as that of the owner of the land.

        (2)         Evidence that a person is the lessee or occupier, as the case requires, of land may be given by tendering a document purporting to be a certificate signed by the chief executive officer of the Department principally assisting with the administration of the Land Administration Act 1997 or the Mining Act 1978 stating that the person is registered in that Department as the lessee or occupier of the land.

        (3)         Evidence as to whether anything —

            (a)         is within a local government’s district; or

            (b)         belongs to a local government; or

            (c)         is vested in, or is under the care, control, or management of, a local government,

                may be given by tendering a certificate signed by the CEO of the local government, or an employee of the local government who purports to be authorised by the CEO to so sign, and containing a statement as to the matter about which evidence is sought to be given.

        [Section 9.41 amended: No. 49 of 2004 s. 74(4); No. 60 of 2006 s. 144(2); No. 47 of 2011 s. 16.]



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