129Notice to treat, or notice of intention to acquire to be given to Recorder

129 Notice to treat, or notice of intention to acquire to be given to Recorder

(1)  *[Section 129 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*Where it is proposed to acquire compulsorily any registered land, and where the Act under which the acquisition will be made provides that notice to treat or notice of intention to acquire the land is to be served, a copy of the notice shall be lodged with the Recorder as soon as practicable after the notice is served, accompanied by a statement specifying the folio of the Register or registered dealing evidencing title to the land to be acquired, and the Recorder shall make an appropriate recording of the notice upon that folio or dealing, and the rights under the notice shall be deemed to be an interest for the purposes of section 40 .

(2)  [Section 129 Subsection (2) omitted by No. 24 of 1993, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(3)  *[Section 129 Subsection (3) substituted by No. 24 of 1993, s. 3 and Sched. 1 ]*Where a notice to treat or a notice of intention is withdrawn, the acquiring authority must lodge with the Recorder as soon as practicable after that withdrawal a copy of the notice of withdrawal or other document effecting that withdrawal.

(4)  *[Section 129 Subsection (4) inserted by No. 24 of 1993, s. 3 and Sched. 1 ]*The statement referred to in subsection (1) and the notice or other document referred to in subsection (3) are to be signed by –

(a) the acquiring authority; or

(b) [Section 129 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] the clerk, within the meaning of the Land Acquisition Act 1993 , or legal practitioner of the acquiring authority if the acquiring authority is not the Crown; or

(c) the Secretary of the Department responsible to the Minister for the time being administering that Act; or

(d) a person authorized by the acquiring authority or that Secretary.

(5)  *[Section 129 Subsection (5) inserted by No. 24 of 1993, s. 3 and Sched. 1 ]*On receipt of a notice or other document referred to in subsection (3) , the Recorder must make such recordings in, or do such corrections to, the Register as the Recorder considers appropriate.