NSWIn ForceAct
Real Property Act 1900
17Creation of folio for land that is the subject of a primary application
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#### 17 Creation of folio for land that is the subject of a primary application
17 Creation of folio for land that is the subject of a primary application
> > (1) Where the Registrar-General intends to create a folio of the Register for land that is the subject of a primary application and, pursuant to section 12 (1) (h1) or 12 (1A), notice is given of that intention, that notice must specify a period (being not less than one month after the date of the notice) before the expiration of which that folio will not be created.
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> > (2) Subject to subsection (3), the Registrar-General may bring land, the subject of a primary application, under the provisions of this Act by creating for the land a folio of the Register in which—
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> > > (a) the primary applicant,
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> > > (b) where the primary applicant has directed that a person other than the primary applicant be recorded as the registered proprietor of the land—that person, or
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> > > (c) where, in the opinion of the Registrar-General, a person not referred to in paragraph (a) or (b) is entitled to the land—that person,
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> > is recorded as the registered proprietor of the land.
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> > (3) The Registrar-General shall not create a folio of the Register under subsection (2) for land if—
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> > > (a) the Registrar-General has given notice of intention to create the folio and the period specified in the notice pursuant to subsection (1) has not expired, or
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> > > (b) there is in force under section 74B a caveat prohibiting the bringing of the land, or any part of the land, under the provisions of this Act.
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> > (4) (Repealed)
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> **s 17:** Am 1921 No 3, sec 3. Subst 1970 No 23, sec 6 (d); 1976 No 96, Sch 4 (6). Am 1979 No 164, Sch 5 (2); 1986 No 167, Sch 2 (3); 1997 No 55, Sch 1.18 \[1\].