Execution and registration of Crown Lease
93 Execution and registration of Crown Lease
The parties to a Crown lease must execute a lease which must be lodged in the Lands Titles Registration Office for inclusion or recording in the Register of Crown Leases.
The
Register of Crown Leases may take the form of the individual copies of the leases bound into a book or kept separately or of records made by an electronic, electromagnetic, optical or photographic process or both of those forms.
A
Crown lease will be taken to be registered upon the Registrar-General allotting a volume and folio number in respect of the lease.
A
Crown lease registered under subsection (3) is able to be (and a Crown lease so registered is taken to have always been able to be) transferred, mortgaged and dealt with for the purposes of this Act as if it were a lease registered in the Register
Book (provided that an entry in respect of a lease that would ordinarily be made in the Register Book must instead be made in the
Register of Crown Leases).
If an instrument lodged in the Lands Titles Registration Office transfers, mortgages or otherwise deals with a Crown lease, the instrument will be taken to be registered or recorded, as appropriate, on being entered in the Register of Crown Leases by the
Registrar‑General.
However, the Registrar‑General may not register a Crown lease, or register or record an instrument that transfers, mortgages or otherwise deals with a Crown lease, unless satisfied that any consent required under a relevant designated Act has been obtained.
Subject to this section, any person may have access to the Register of Crown
Leases, and to all instruments affecting registered Crown leases in the Lands Titles Registration Office, for the purpose of inspection during the hours, and on the days, appointed for search.
If, on the application of a person whose particulars are, or are to be, contained in the Register of Crown Leases, the Registrar‑General is satisfied that access under this section to any such particulars would be likely to place at risk the personal safety of the person, a member of the person's family or any other person, the
Registrar‑General may take such measures as he or she thinks fit to prevent or to restrict access to those particulars.
An application under subsection (5) must be in the appropriate form and must contain such particulars, and be supported by such evidence, as the Registrar‑General may require.
The
Registrar‑General may take such measures as he or she thinks fit to prevent or restrict access to any particulars the subject of an application under subsection (5) while the application is being determined.
Nothing prevents the Registrar‑General varying or revoking any measures taken under subsection (5) or (7) if he or she thinks fit.
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