142Rectification of boundaries, area or position of land

142 Rectification of boundaries, area or position of land

[Section 142 Subsection (1) amended by No. 11 of 1990, s. 11 and Sched. 1 ][Section 142 Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 142 Subsection (5) amended by No. 20 of 1995, s. 5 and Sched. 3 ][Section 142 Subsection (8) amended by No. 21 of 1996, s. 13 ][Section 142 Subsection (9) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 142 Substituted by No. 36 of 2012, s. 45, Applied:13 Nov 2012]

(1)  An interested person may apply to the Recorder for the taking of action or the making of an order under subsection (14) .

(2)  The application is to be –

(a) in the approved form; and

(b) accompanied by the prescribed fee; and

(c) accompanied by such evidence in support of the application as the Recorder requires.

(3)  On receipt of an application, or on the Recorder's own motion, the Recorder may give notice as specified in subsections (5) and (6) if the Recorder is satisfied that the case can properly be dealt with under this section, rather than by an application under section 138W(4) , and if –

(a) it appears to the Recorder that the boundary, area or position of the land described in a folio of the Register –

(i) was established without the benefit of a survey or a survey that the Recorder considers sufficient; and

(ii) differs from the actual boundary, area or position of the land as shown in the supporting evidence accompanying the application or, if no better evidence is available, as shown by the occupation of the land in good faith by the registered proprietor as being the land described in that folio; or

(b) it appears to the Recorder that the description of land in that folio is based on erroneous or imperfect information; or

(c) it appears to the Recorder that the boundary, area, position or description of the land contained in a forestry right –