Western Australian Current Regulations

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REGISTRATION, ENFORCEMENT AND DISCHARGE OF LOCAL AUTHORITY CHARGES ON LAND, REGULATIONS - REG 9

9 .         Application to discharge

        (1)         After receipt of a memorandum of satisfaction as provided for in Regulation 8 of these regulations, the registered proprietor of the land against which the charge is registered or any person acting on his behalf may make application in writing in accordance with Form I in the Appendix to these regulations to the Registrar of Titles or the Registrar of Deeds and Transfers, as the case may require, for the discharge of such charge from the said land.

        (2)         Such application shall be accompanied by — 

            (a)         the memorandum of satisfaction mentioned in the application; and

            (b)         in case the land against which the charge is registered is not under the Transfer of Land Act 1893 , a memorial of the said memorandum of satisfaction for registration under the Registration of Deeds Act 1856 .

        (3)         Upon receipt of an application for discharge of a charge registered against land as provided for in paragraph (2) of this regulation, 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 amount of the charge registered against such land has been paid and discharged in full and that the said land is no longer subject to the said charge; and

            (b)         where the land against which the charge is registered is not under the Transfer of Land Act 1893 , the Registrar of Deeds and Transfers shall, subject to payment of any prescribed fee, register in the Registry of Deeds the said memorial of the said memorandum of satisfaction.

        [Regulation 9 amended: Gazette 29 Dec 2006 p. 5907-8.]



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