Crown Lands Act 1976

No error, misdescription, or inaccuracy in the written description in any instrument or document of title in respect of any land dealt with under this Act shall nullify or prejudice the dealing in respect of which the same occurs if the Minister or, in the case of a lease of portfolio land granted under section 39A, the Portfolio Minister is satisfied that the land occupied by the holder of the instrument or document is substantially the land for which he entered into an agreement for sale or lease.

The survey boundaries of any piece of land – marked on the ground at the time of the Crown survey thereof by posts, pegs, trenches, or other survey marks; and granted or demised by the Crown before or after the commencement of this Act – shall be deemed to have been the true boundaries of that piece of land, whether the boundaries upon admeasurement are or are not found to be of the same dimensions, or to include the same area as the boundaries or description of the piece of land given in the Crown grant or Crown lease thereof, and the grant or lease shall be deemed to have granted or demised the land as shown by the survey.

Nothing in subsection (2) shall apply to any such land as is referred to in that subsection where it can be shown to the satisfaction of the Minister or, in the case of a lease of portfolio land granted under section 39A, the Portfolio Minister that a patent mistake or error was made in the description of the land or boundaries, and the Minister or Portfolio Minister may correct the mistake or error by endorsement upon the grant or lease.

Upon the discovery of any error, misdescription, or inaccuracy as is referred to in subsections (1), (2), and (3), and in any other case where any discrepancy or mistake is discovered, the Minister or, in the case of a lease of portfolio land granted under section 39A, the Portfolio Minister may cause the same to be corrected, adjusted, and rectified.

Where the Director-General or, in the case of a lease of portfolio land granted under section 39A, the Portfolio Minister is satisfied that any instrument under this Act or any grant deed, not being an instrument to which the provisions of section 163 of the Land Titles Act 1980 are applicable, has been issued in error or contains any misdescription of land or boundaries, or that the grant has been fraudulently obtained, he may require the person by whom such grant deed is held to deliver the same to him for the purpose of its being cancelled or corrected, as the case may require.

If the holder of any grant deed for the delivery of which the Director-General has made a request refuses to deliver the same in accordance with the request, or he cannot be found, the Director-General may apply to a judge by summons for an order directing that person to deliver the grant deed to the Director-General, and thereupon the judge may hear and determine the summons and make such order in respect of the grant deed as to him seems just.