26SRegistrar's discretions

26S Registrar's discretions (1) The Registrar may— (a) refuse to bring land under this Act by means of a conversion scheme in Division 2 if in the Registrar's opinion— (i) the documents lodged under the conversion scheme are unsatisfactory or incomplete; or (ii) the information in a document lodged under the scheme conflicts with the information in records kept in the office of the Registrar-General or in the Office of Titles; or (iii) insufficient information has been supplied to enable the Registrar to create a folio of the Register under Division 2; or (iv) because of the time involved in processing and checking documents or for any other reason it is not convenient to bring the land under this Act by using a conversion scheme under Division 2; (b) create a provisional folio or identified folio under Division 3 if— (i) a conversion scheme under Division 2 has been used in respect of the land and the Registrar is satisfied that an ordinary folio or provisional folio should not be created under Division 2 for the reasons set out in paragraph (a); or (ii) in any other case, the Registrar considers it appropriate to do so; (c) create an identified folio under Division 3 for land if the Registrar is not satisfied that a provisional folio should be created under that Division; (d) create an identified folio for land not under the operation of this Act which the Registrar can identify from the records held in the Office of Titles or in the office of the Registrar-General; (e) create a new identified folio for land or part of the land in an existing identified folio or provisional folio; (f) refuse to create any folio of the Register for land if a folio of the Register has already been created for that land; (g) refuse to create any folio for the land if the land is not able to be identified; (h) amend an identified folio or provisional folio created under Division 3 to record such particulars as the Registrar thinks fit of any encumbrance or other estate or interest which the Registrar is satisfied affects the land; (i) cancel a provisional folio created under Division 3, if an ordinary folio or a provisional folio under Division 2 is created for the land; (j) cancel a provisional folio created under Division 2, if an ordinary folio is created for the land; (k) cancel an identified folio if an ordinary folio or provisional folio is created for the land. (2) If the Registrar refuses to bring land under this Act by means of a conversion scheme under Division 2, the Registrar must give notice of the refusal and the reasons for it to the person who lodged the legal practitioner's certificate relating to the title of the land. (3) If the Registrar refuses to bring land under this Act by the creation of a provisional folio under Division 3, the Registrar must give notice of the refusal and the reasons for it to the person who lodged the specified dealing or application relating to the land. (4) Section 116 does not apply to the Registrar's refusal to bring land under this Act under Division 2. (5) The Registrar is not to be treated as having notice of the contents of a document merely because the document was lodged with or produced to the Registrar under this Part or deposited with the Registrar-General. (6) If documents are lodged with the Registrar under this Part, the Registrar is not required to examine any document lodged with, or referred to in, the legal practitioner's certificate or produced to the Registrar or deposited with the Registrar-General, before bringing the land concerned under the operation of this Act. (7) The refusal of the Registrar to bring land under this Act by a conversion scheme under Division 2 does not prevent the Registrar from bringing the land under this Act under Division 3. S. 26T inserted by No. 85/1998 s. 6.