48Alienated Crown land to be registered

48 Alienated Crown land to be registered (1) If land is alienated from the Crown, the deed of grant in the appropriate form must be lodged in the Land Titles Office. (2) The Registrar-General must register the deed of grant by recording the particulars of the deed of grant in the land register. (2A) If a grant of a fee simple interest is made in accordance with a registered indigenous land use agreement that provides for the application of the non-extinguishment principle to the grant: (a) the person lodging the deed of grant under subsection (1) must also: (i) lodge in the Land Titles Office a notice in the approved form providing information in relation to the registered indigenous land use agreement; and (ii) deposit in the Land Titles Office a copy of an extract of the details entered on the Register of Indigenous Land Use Agreements for the registered indigenous land use agreement; and

Land Title Act 2000 31 (b) the Registrar-General must also record in the land register: (i) a notice that the grant is made in accordance with a registered indigenous land use agreement; and (ii) information sufficient to identify the registered indigenous land use agreement in accordance with which the grant is made. (3) An indefeasible title is created for the relevant lot when the deed of grant is registered. (4) Subsection (3) operates in respect of a crown lease subject to the Act under which the crown lease was granted. (5) On receiving a notice from the Minister that a crown lease has been lawfully forfeited or determined in whole or in part, the Registrar- General must make an entry to that effect in the land register. (6) The forfeiture or determination has effect when the Registrar- General makes the entry in the land register under subsection (5). (7) Subject to subsection (9), the Registrar-General must register the surrender of a crown lease in the land register on the surrender being lodged with the Registrar. (8) The surrender is to be in an appropriate form. (9) The Registrar-General must not register the surrender of a crown lease unless he or she is satisfied that all persons with a registered interest in the crown lease: (a) consent or agree to the surrender; or (b) have an interest that has a lower priority to the interest of the person who is seeking to surrender the lease. (10) In subsection (5), Minister means the Minister administering the Act under which the crown lease was forfeited or determined. (11) In this section: indigenous land use agreement, see section 253 of the Native Title Act 1993 (Cth). non-extinguishment principle, see section 238 of the Native Title Act 1993 (Cth). Register of Indigenous Land Use Agreements, see section 253 of the Native Title Act 1993 (Cth).

Land Title Act 2000 32 registered indigenous land use agreement means an indigenous land use agreement registered in the Register of Indigenous Land Use Agreements.