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Transfer of Land Act 1958
108Assurance contributions
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108 Assurance contributions
S. 108(1) amended by No. 9976 s. 11, repealed by No. 14/2025 s. 57(2).
S. 108(2) amended by Nos 7814 s. 5, 9861 s. 3(1), 128/1986 s. 12(h), 25/2023 s. 7(Sch. 1 item 28.4), 14/2025 s. 57(3).
(2) In the case of land brought under this Act by alienation from His Majesty the price paid for such land shall for the purpose of ascertaining the assurance contribution if any be deemed to be the value thereof.
S. 108(3) amended by No. 9861 s. 3(1), substituted by No. 14/2025 s. 57(4).
(3) The Registrar may grant an application, record or register an instrument under this Act on the condition that an assurance contribution is paid of the sum that the Registrar reasonably believes would indemnify the Registrar—
(a) as against the evidence of title being imperfect, because of, but not limited to, any one or more of the following reasons—
(i) any document affecting title is not produced;
(ii) a consent cannot be obtained or notice cannot be served;
(iii) a requisition under this Act cannot be complied with; or
(b) as against—
(i) any uncertain or doubtful claim or demand incident to or which may arise on the title; or
(ii) any risk to which the Consolidated Fund may be exposed.
S. 108(4) amended by Nos 9861 s. 3(1), 18/1989 s. 12(Sch. 1 item 166), repealed by No. 85/1998 s. 15.
S. 108(5) amended by No. 9861 s. 3(1).
(5) Notwithstanding anything in subsection (2) of this section, in the case of an application by an acquiring authority (within the meaning of Division four of Part IV) to bring land under this Act the value of such land at the date of acquisition shall be deemed to be the value thereof for the purposes of ascertaining the assurance contribution and other fees payable and, if the Registrar is of opinion that the granting of the application will not expose the Consolidated Fund to any risk, the acquiring authority shall not be required to make any assurance contribution.
S. 108(6)(7) inserted by No. 128/1986 s. 7, repealed by No. 14/2025 s. 57(5).
S. 108(8) inserted by No. 57/1993 s. 20(1).
(8) The Registrar must not, under subsection (3), require the payment of an assurance contribution from an applicant for the registration of a plan under the **Subdivision Act 1988** only because a consent to the registration of the plan required from a person is treated as being given on behalf of that person in the circumstances set out in section 22(1AB) or (1AC) of that Act.
S. 108(9)(10) inserted by No. 80/2009 s. 60, repealed by No. 14/2025 s. 57(5).
S. 108A inserted by No. 14/2025 s. 58.