31ACreation of folio for resumed land

31A Creation of folio for resumed land

31A Creation of folio for resumed land

(1) In this Part—

resumption means compulsory acquisition of land (including compulsory acquisition or appropriation of Crown land) under the provisions of any Act or Act of the Commonwealth authorising compulsory acquisition or appropriation of land, and resumed has a corresponding meaning.

resumption application means application in the approved form to the Registrar-General to cause to be registered as proprietor of land the person entitled to the land by virtue of a resumption or by virtue of any further vesting of resumed land by the operation of any Act or Act of the Parliament of the Commonwealth, either directly or by reason of anything done in pursuance thereof.

(2) Where resumed land is not under the provisions of this Act—

(a) subject to subsection (2B), the Registrar-General shall, upon lodgment of a resumption application relating to the land resumed, accompanied by a copy of the instrument by which the resumption was effected, together with any other evidence required by the Registrar-General, create a folio of the Register for the estate or interest of the person in whom is vested the land described in that resumption application without causing any examination or report to be made as to the title to the land and without considering that title otherwise than to satisfy himself or herself that the land described in the resumption application is included in the resumed land, and

(b) (Repealed)

(c) in any folio of the Register created in pursuance of this subsection the resumed land may be described in the terms of or by reference to the instrument by which the resumption was effected.

(2A) An easement or profit à prendre which is created by resumption of land which is not under the provisions of this Act may be the subject of, or may be included in, a resumption application under subsection (2) and, for the purpose of giving effect to such an application, the Registrar-General shall make any necessary recordings in the Register.

(2B) A resumption application may not be made for the creation of a folio of the Register for an easement or profit à prendre alone.

(3) Where resumed land is under the provisions of this Act—

(a) the Registrar-General may, where the Registrar-General has notice of the resumption, record the resumption in the Register of the Registrar-General’s own motion, and