126Registration of acquiring authority as proprietor

126 Registration of acquiring authority as proprietor

[Section 126 Subsection (1) amended by No. 21 of 1996, s. 11 ]

(1)  [Section 126 Subsection (1) amended by No. 7 of 2023, s. 12, Applied:13 Jun 2023] *[Section 126 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*Notwithstanding anything in any Act, where any land vests in an acquiring authority by the operation of the Commonwealth of Australia Constitution Act or of any Act or Commonwealth Act, without transfer or conveyance to the acquiring authority, then, upon lodgement by the acquiring authority, or otherwise as required by the relevant Act, of a plan of the land, and of the notification or notice of acquisition or other instrument prescribed to be lodged by or under that Act, or, where no instrument is prescribed, upon the lodgement of an application in an approved form –

(a) where the land is registered land, the Recorder shall register the acquiring authority as proprietor of the land for the estate or interest acquired in the land and may issue a certificate of title in relation to the land in the name of the acquiring authority as registered proprietor; or

(b) where the land is not registered land, the Recorder shall, without any further or other application or the production or examination of any documents of title, bring the land under this Act by creating a folio of the Register for the land and may issue such certificates of title in relation to the land as the Recorder considers proper.

(2)  [Section 126 Subsection (2) omitted by No. 24 of 1993, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(3)  [Section 126 Subsection (3) amended by No. 23 of 2021, s. 94, Applied:01 Jan 2022] On registering the acquiring authority as proprietor pursuant to subsection (1) (a) , the Recorder shall make such cancellations, corrections, or recordings in the Register as are necessary, and shall make the like cancellations, corrections, or recordings upon the corresponding certificates of title, grants, or duplicate registered dealings when they are next produced to the Recorder, or may call them in for that purpose.

(4)  [Section 126 Subsection (4) amended by No. 23 of 2021, s. 94, Applied:01 Jan 2022] Before or at the time of making compensation for the acquisition of registered land, the acquiring authority shall take possession of the certificates of title, if any, or duplicate registered dealings, if any, which are produced to it upon any claim for compensation, and shall forthwith lodge them with the Recorder for the making of such of the necessary cancellations, corrections, or recordings as have not already been made.