Western Australian Current Regulations

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REGISTRATION, ENFORCEMENT AND DISCHARGE OF LOCAL AUTHORITY CHARGES ON LAND, REGULATIONS - REG 3

3 .         Registration of charge

        (1)         Upon receipt from the CEO or the local authority of an application to register a charge made in accordance with Regulation 2 of these regulations, the following provisions shall apply — 

            (a)         Where the land charged is under the Transfer of Land Act 1893 , the Registrar of Titles shall, subject to payment of any prescribed fee, enter upon the records under his control relating to the land charged such memorandum or other record as shall be necessary to place on record the fact that the said land is charged as aforesaid; and

            (b)         Where the land charged is not under either the Transfer of Land Act 1893 , the Registrar of Deeds and Transfers shall, subject to payment of the prescribed fee, register in the Register of Deeds the memorial of the certificate referred to in subparagraph (c) of paragraph (2) of Regulation 2 of these regulations.

        (2)         It shall not be necessary for the Registrar of Titles or the Registrar of Deeds and Transfers to call in the duplicate certificate or other instrument of title of the land charged when entering the Memorandum or record or registering the memorial as aforesaid; but when such memorandum or record has been entered or such memorial has been registered, the Registrar of Titles or the Registrar of Deeds and Transfers, as the case may require, shall cause notice of such entry or registration to be sent to the person whose name appears in the records as the registered proprietor of the land charged at his address appearing in such records. Such notice shall be in accordance with Form E in the Appendix to these regulations.

        [Regulation 3 amended: Gazette 29 Dec 2006 p. 5906 and 5910.]



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