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Land Title Act 2000
35Notices of statutory restrictions
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35 Notices of statutory restrictions
(1) If a law of the Territory imposes a restriction on the use or
occupation, or any dealing, with land, the Minister having
responsibility for the administration of the law:
(a) may; or
(b) if the land is prescribed property and was granted to an
association or corporation by section 46(1A) of the Lands
Acquisition Act 1978 – must,
lodge with the Registrar-General a memorandum.
(2) The memorandum is to:
(a) identify the land;
(b) specify the statutory authority under which the restriction was
imposed and the date on which it was imposed; and
(c) request that a memorial be entered in the land register in
relation to the land.
(3) If, immediately before the commencement of this subsection, a
restriction consisted of the right of the Crown to revoke the
reservation on land held by a council on lease under legislation
then in force, the right (and hence the restriction) continues in force
as if the relevant legislation had continued in force.
(4) If land is prescribed property and was acquired wholly or partly from
or using funds obtained under a grant from the Commonwealth, the
appropriate minister of the Commonwealth may lodge the
memorandum instead of the Minister.
(5) The Registrar-General must:
(a) register the memorandum; and
(b) enter a statutory restrictions notice in the land register against
the land to which the memorandum relates.
(6) A statutory restrictions notice does not of itself preclude any
dealings with land but has effect according to the tenor of the
statutory restriction to which it refers.
(7) In this section, prescribed property has the meaning it has in the
Associations Act 2003.
Land Title Act 2000 26