Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 70A

70A .         Factors affecting use and enjoyment of land, notification on title

        (1)         Where, in relation to land under the operation of this Act —

            (a)         the local government of the district in which the land is situated; or

            (b)         a public authority,

                considers it desirable that proprietors or prospective proprietors of the land be made aware of a factor affecting the use or enjoyment of the land or part of the land, the local government or the public authority may, on payment of the prescribed fee, cause a notification of the factor to be prepared in an approved form and lodged with the Registrar.

        (2)         Where —

            (a)         a notification is lodged under subsection (1); and

            (b)         the written consent of the proprietor of the land accompanies the notification,

                the Registrar shall endorse the certificate of title for the land to that effect.

        (3)         The local government or the public authority which lodged the notification under subsection (1) and the proprietor of the land for the time being may, at any time after the notification has been lodged, on payment of the prescribed fee and in an approved form, request the Registrar to remove the notification from the certificate of title for the land or modify the notification.

        (4)         Without limiting subsection (2), the Registrar shall endorse certificates of title with such information about notifications and their modification or removal, and in such manner, as the Registrar thinks fit.

        [Section 70A inserted: No. 81 of 1996 s. 42.]