38Conveyancing by abbreviated description

38. Conveyancing by abbreviated description

(1) Regulations made under this Act may, subject to the approval of the Minister administering the Transfer of Land Act 1893, make provision for the use of a standard series of forms describing the more frequently occurring particular kinds of estate or interest less than fee simple which an energy operator acquires pursuant to this Act, and where the estate or interest to be acquired by an energy operator is of one of the particular kinds so prescribed it may, —

(a) subject to subsection (2), be described in the prescribed abbreviated manner in any transfer under the provisions of the Transfer of Land Act 1893, or in any notice served under the Public Works Act 1902 or the Land Administration Act 1997, for the purposes of this Act; and

(b) where the estate or interest is of a kind that is not required to be transferred in accordance with the provisions of the Transfer of Land Act 1893, be transferred in the prescribed manner,

by reference to the appropriate prescribed standard form.

(2) For the purposes of section 170(5)(b) of the Land Administration Act 1997, the copies of the notice shall be accompanied by a description of the estate or interest to be acquired and by a copy of any plan or other documents referred to in the notice.

[(3) deleted]

(4) Where an energy operator acquires an estate or interest in any land less than is held by the person from whom it was so acquired, then there shall be endorsed upon the deed, certificate, or other instrument evidencing the title to the land from which the estate or interest acquired is derived a note, whether or not by way of a prescribed abbreviated description, as to the estate or interest acquired and that deed, certificate, or other instrument shall be returned to the person from whom it was received or to any person entitled to receive it on his behalf.

(5) The description of an estate or interest acquired pursuant to section 37 which the energy operator does not require to be recorded on, or by way of memorial in the register relating to, the title to the land in question may be delineated by reference to a plan other than a survey plan.

[Section 38 amended: No. 89 of 1994 s. 39 and 41; No. 31 of 1997 s. 26(3)-(6); No. 58 of 1999 s. 83(1) and (3); No. 33 of 2004 s. 40.]