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Land Title Act 2000
34Caution notices
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34 Caution notices
(1) The Minister or, if a minister of the Commonwealth has
administrative responsibility for the first grant or transfer of land
from the Crown, that minister may lodge with the Registrar-General
a memorandum if he or she is of the opinion that characteristics of
or relating to the land may adversely affect its use or occupation.
(2) The memorandum may be lodged:
(a) on the first grant or transfer of land (whether freehold or
leasehold) from the Crown; or
(b) at any time afterwards with the consent in writing of the
registered proprietor of any interest in the land that is affected
by the memorandum.
(3) The memorandum is to:
(a) identify the land;
(b) set out the characteristics of or relating to the land that may
adversely affect its use or occupation; and
(c) if the memorandum is lodged other than on the first grant or
transfer of the land – contain the consent of the registered
proprietor of any interest in the land that is affected by the
memorandum.
(4) Characteristics of or relating to land that may be set out in the
memorandum include:
(a) a propensity towards flooding;
(b) the presence of unexploded bombs or other ordnance; and
(c) the presence of rubbish disposal or landfill sites, whether
compacted or not.
(5) The Registrar-General must:
(a) register the memorandum; and
(b) enter a caution notice in the land register against the land to
which the memorandum relates.
(6) A caution notice does not of itself preclude any dealing with the
Land Title Act 2000 25