Land Titles Act 1980

Notwithstanding anything in any Act, where any land vests in an acquiring authority by the operation of the Commonwealth of Australia Constitution Act or of any Act or Commonwealth Act, without transfer or conveyance to the acquiring authority, then, upon lodgement by the acquiring authority, or otherwise as required by the relevant Act, of a plan of the land, and of the notification or notice of acquisition or other instrument prescribed to be lodged by or under that Act, or, where no instrument is prescribed, upon the lodgement of an application in an approved form – where the land is registered land, the Recorder shall register the acquiring authority as proprietor of the land for the estate or interest acquired in the land and may issue a certificate of title in relation to the land in the name of the acquiring authority as registered proprietor; or where the land is not registered land, the Recorder shall, without any further or other application or the production or examination of any documents of title, bring the land under this Act by creating a folio of the Register for the land and may issue such certificates of title in relation to the land as the Recorder considers proper.

On registering the acquiring authority as proprietor pursuant to subsection (1)(a), the Recorder shall make such cancellations, corrections, or recordings in the Register as are necessary, and shall make the like cancellations, corrections, or recordings upon the corresponding certificates of title, grants, or duplicate registered dealings when they are next produced to the Recorder, or may call them in for that purpose.

Before or at the time of making compensation for the acquisition of registered land, the acquiring authority shall take possession of the certificates of title, if any, or duplicate registered dealings, if any, which are produced to it upon any claim for compensation, and shall forthwith lodge them with the Recorder for the making of such of the necessary cancellations, corrections, or recordings as have not already been made.

Where the Recorder brings land under this Act pursuant to subsection (1)(b), the Recorder shall give notice that the Recorder has brought the land under this Act in the Registry of Deeds in the prescribed manner.

Where land vests in an acquiring authority or a person on the gazettal of a notice which amends or revokes a notice of acquisition and a plan of the land affected and a copy of that first-mentioned notice is lodged with the Recorder, the Recorder – must make such cancellations, corrections or recordings in the Register as are necessary; and must make the necessary cancellations, corrections and recordings on the corresponding certificates of title, grants or duplicate registered dealings when they are next produced to the Recorder.

For the purpose of complying with subsection (5A)(b), the Recorder may call in such certificates of title, grants or duplicate dealings as the Recorder considers appropriate.

A right to compensation in respect of or in any manner arising out of the acquisition or vesting of any land shall not be prejudiced or affected by a cancellation, correction, or recording made under the authority of this section.