sec.117Requirement upon certain transfers to local government

### sec.117 Requirement upon certain transfers to local government Where land under the provisions of the Land Title Act 1994 is transferred to a local government, as sole transferee, by means of an instrument of transfer, such instrument shall not be registered in accordance with the provisions of that Act unless it is accompanied by a statutory declaration made under the Oaths Acts 1867 by the prescribed person or persons declaring that the land is not being transferred to the local government as a sole trustee. The statutory declaration referred to in subsection (1) shall be made— in a case where there is only 1 transferor—by him or her; in a case where there are 2 or more transferors—by each of them; in a case where paragraph (a) can not be complied with due to death or incapacity of the transferor—by an appropriate employee of the transferee; in a case where paragraph (b) can not be complied with due to death or incapacity of any of the transferors—by the other transferor or each of the other transferors, as the case may be, or, if no transferor is available and competent to make the declaration, by an appropriate employee of the transferee. Subsection (1) applies only in respect of instruments of transfer executed by the transferor or by all the transferors, where there are 2 or more, after the date of commencement of this section. s 117 (prev s 113) ins 1979 No. 28 s 6 amd 1986 No. 26 s 4 (1) sch ; 1994 No. 11 s 194 sch 2 renum 2009 No. 2 s 83 (2) (sec.117-ssec.1) Where land under the provisions of the Land Title Act 1994 is transferred to a local government, as sole transferee, by means of an instrument of transfer, such instrument shall not be registered in accordance with the provisions of that Act unless it is accompanied by a statutory declaration made under the Oaths Acts 1867 by the prescribed person or persons declaring that the land is not being transferred to the local government as a sole trustee. (sec.117-ssec.2) The statutory declaration referred to in subsection (1) shall be made— in a case where there is only 1 transferor—by him or her; in a case where there are 2 or more transferors—by each of them; in a case where paragraph (a) can not be complied with due to death or incapacity of the transferor—by an appropriate employee of the transferee; in a case where paragraph (b) can not be complied with due to death or incapacity of any of the transferors—by the other transferor or each of the other transferors, as the case may be, or, if no transferor is available and competent to make the declaration, by an appropriate employee of the transferee. (sec.117-ssec.3) Subsection (1) applies only in respect of instruments of transfer executed by the transferor or by all the transferors, where there are 2 or more, after the date of commencement of this section. - (a) in a case where there is only 1 transferor—by him or her; - (b) in a case where there are 2 or more transferors—by each of them; - (c) in a case where paragraph (a) can not be complied with due to death or incapacity of the transferor—by an appropriate employee of the transferee; - (d) in a case where paragraph (b) can not be complied with due to death or incapacity of any of the transferors—by the other transferor or each of the other transferors, as the case may be, or, if no transferor is available and competent to make the declaration, by an appropriate employee of the transferee.