Entry of memorial of Soil Conservation Order in register by Registrar-General
16A Entry of memorial of Soil Conservation Order in register by Registrar-General
In this section:
proprietor means:
(a) a registered proprietor within the meaning of the Land Title Act 2000;
(b) a lessee of a lease under the Crown Lands Act 1992, the Pastoral Land Act 1992 or the Special Purposes Leases Act 1953 registered under the Land Title Act 2000;
a mortgagee in possession; or
(e) a person having a registered interest in land under the Land Title Act 2000,
who has been served with a Soil Conservation Order;
register means the land register kept by the Registrar-General under the Land Title Act 2000.
(2) Upon serving a Soil Conservation Order under section 14, the Commissioner may deposit with the Registrar-General:
(a) a copy of that order certified by the Commissioner to be a true copy of the order;
a document in writing:
(i) stating that that order was served, the name of the person served and the date of service;
(ii) identifying the land to which that order relates with land in a register;
(iii) requesting that a memorial of that order be entered in that register; and
signed by the Commissioner.
(3) Upon receiving the documents referred to in subsection (2), the Registrar-General shall:
(a) enter in the land register in relation to that land, a memorial of the making of the Soil Conservation Order; and
file those documents in his office.
(4) When a memorial has been entered in the land register under subsection (3) and not withdrawn or removed, the obligation to comply with that order is binding on the proprietor for the time being of the land concerned.
(5) When the requirements of a Soil Conservation Order in relation to which a memorial has been entered in a register in accordance with this section have been carried out to the satisfaction of the Commissioner, the Commissioner shall so notify the Registrar-General in writing and thereupon the Registrar-General shall make an entry in the land register discharging the memorial of the order in relation to that land.
(6) The Commissioner may, by notice in writing to the Registrar-General, request that the memorial of a Soil Conservation Order be noted in the register as withdrawn, whereupon the Registrar-General shall note on the memorial that the memorial is withdrawn as at the time of receipt by him of that notice.
(7) A person affected by the entry in a register of a memorial of a Soil Conservation Order may apply, by motion, to the Supreme Court of the Northern Territory of Australia for an order that the memorial be removed from that register and that court may, upon being satisfied that the memorial should be removed, make such order, either ex parte or otherwise, as shall seem just including the payment of costs of the motion.
(8) Upon being served with an order made under subsection (7) requiring removal of a memorial from a register, the Registrar-General shall:
(a) note in the land register that the memorial is removed by the order of the court; and
file that order in his office,
and may make such further notation in relation to that order as to him seems necessary.
Division 3 Areas of erosion hazard
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.