Land Titles Act 1980

If the Recorder – receives proof to the Recorder’s satisfaction that a certificate of title or duplicate grant has been lost, mislaid or destroyed; and accepts an application for the issue of a new certificate of title under this subsection – the Recorder may issue a new certificate of title.

The Recorder may, before issuing a new certificate of title under subsection (1), require the applicant to give an advertisement, notice, or indemnity, to the satisfaction of the Recorder.

If the Recorder issues a new certificate of title under subsection (1), the Recorder must record on the relevant folio of the Register that the Recorder has done so pursuant to this section.

Where a new certificate of title is issued under subsection (1), the new certificate of title shall be produced to the Recorder whenever production of the certificate of title or duplicate grant is required.

If a folio of the Register or registered dealing forming part of the Register is lost or destroyed, or so obliterated as to become illegible, the Recorder may create a substituted folio or dealing from such evidence as is available to the Recorder as to the contents of and entries upon the original, and where the Recorder creates a substituted folio or dealing the Recorder shall record on it that it is a substituted folio or dealing.

Where a substituted folio or dealing is created under subsection (3), the substituted folio or dealing shall be used for all purposes in place of the original folio or dealing.

The Recorder, on application for that purpose and proof to the Recorder’s satisfaction that a duplicate registered dealing has been lost or destroyed, may, subject to such advertisement, notice, or indemnity as the Recorder requires, issue a substituted duplicate registered dealing in place of the lost duplicate, and where the Recorder issues a substituted duplicate registered dealing the Recorder shall record on the original dealing that the substituted duplicate has been issued.

Where a substituted duplicate registered dealing is issued under subsection (5), the substituted duplicate shall be produced to the Recorder whenever production of the duplicate registered dealing is required.