9Certain lands not to vest until consent given

9 Certain lands not to vest until consent given

9 Certain lands not to vest until consent given

(1) Notwithstanding section 8, where it appears from any instrument registered before the commencement of this Act in any register kept under the provisions of the Registration of Deeds Act 1897 or the Real Property Act 1900 that any of the persons whose names are set out in Schedule 1 is at such commencement a trustee either alone or with others of any community land or was at any time before such commencement a trustee either original or substituted and either alone or with others of any community land but had ceased to be a trustee by death, retirement or otherwise and no new trustee has or had been appointed in his place, such community land shall not vest in the body corporate constituted by this Act for the community concerned or be divested from the person in whom it was thereinbefore vested until the body corporate constituted by the Roman Catholic Church Trust Property Act 1936, for the diocese in which the land is situated has consented in writing to such vesting.

(2) Upon the giving of such consent in writing and as from the date thereof section 8 shall apply to such land.

(3) Any such consent shall be conclusive evidence that the land in respect of which it is given is situated within the diocese for which the body corporate giving such consent was constituted.

s 9: Am 1948 No 2, sec 2 (d); 2001 No 11, Sch 1 [6].