Local Government (Building and Miscellaneous Provisions) Act 1993
244Registering preservation order
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244 Registering preservation order
(1) If a preservation order is made in relation to land under the Land Titles Act 1980 , the council may cause a sealed copy of the order and a certificate of the general manager identifying the volume and folio of the Register relating to that land to be lodged in the office of the Recorder of Titles.
(2) On receipt of a sealed copy and certificate under subsection (1) the Recorder of Titles is to –
(a) register the preservation order by entering a memorial on the folio of the Register identified by the certificate; and
(b) [Section 244 Subsection (2) amended by No. 23 of 2021, s. 151, Applied:01 Jan 2022] endorse the memorial on the folio of the Register, under the Land Titles Act 1980 , for the land.
(3) If a preservation order is made in relation to land not under the Land Titles Act 1980 , the council may register it in the Registry of Deeds by lodging a memorial under the Registration of Deeds Act 1935 .
(4) A memorial lodged under subsection (3) is to –
(a) contain a copy of the preservation order; and
(b) specify the name and address of the owner of the land affected, the name of the district or place where the land is situated and the registration number of the last dealing with the land registered in the Registry of Deeds; and
(c) be signed by a legal practitioner on behalf of the council; and
(d) be certified as "correct for the purposes of the Registration of Deeds Act 1935 " by that legal practitioner.