30Disposal of antecedent documents of title

30 Disposal of antecedent documents of title

[Section 30 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  *[Section 30 Subsection (1) amended by No. 48 of 1990, s. 10 ]*Where land is brought under this Act or the repealed Act , the Recorder –

(a) [Section 30 Subsection (1) amended by No. 23 of 2021, s. 38, Applied:01 Jan 2022] shall return to the person from whom the Recorder received them documents relating to any property other than the land included in the relevant folio of the Register; and

(b) may, in relation to any other documents –

(i) [Section 30 Subsection (1) amended by No. 23 of 2021, s. 38, Applied:01 Jan 2022] retain them in the office of the Recorder;

(ii) transfer them to the Tasmanian Library Board, to be dealt with as if they were State records within the meaning of the Archives Act 1983 ; or

(iii) subject to subsection (2) , sell or destroy them.

(2)  The Recorder shall not destroy a document pursuant to subsection (1) unless –

(a) where the land was brought under this Act or the repealed Act with a title other than a qualified title, a period of at least 12 years has expired since the land was brought under this Act or the repealed Act ; or

(b) where the land was brought under this Act or the repealed Act with a qualified title, the title has ceased to be qualified and a period of at least 12 years has expired since it ceased to be qualified.

(3)  [Section 30 Subsection (3) amended by No. 23 of 2021, s. 38, Applied:01 Jan 2022] *[Section 30 Subsection (3) amended by No. 48 of 1990, s. 10 ]*Instead of selling or destroying a document under the authority of , the Recorder may deliver it to any person who satisfies the Recorder that the person intends to preserve the document for historical purposes.