Government Railways (Real Property Computer Register) Amendment Act 1979 (NSW)

G O V E R N M E N T R A I L W A Y S ( R E A L P R O P E R T Y

C O M P U T E R REGISTER) A M E N D M E N T A C T ,

1979 , N o .	168
A N N O VICESIMO OCTAVO

E L I Z A B E T H E II R E G I N E

Act N o . 168 , 1979 .

An Act to amend section 20BB of the Government Railways Act, 1912, so as to facilitate the keeping of the Register maintained under the Real Property Act, 1900, in a computer and to vary certain provisions relating to the rescission of notifications of resumptions. [Assented to, 14th December,

1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.       This Act may be cited as the "Government Railways (Real

Property Computer Register) Amendment Act, 1979".

2.       (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on the day appointed and notified pursuant to section 2 (2) of the Real Property (Computer Register) Amendment Act,

1979.

3.       The Government Railways Act, 1912, is amended—

(a) (i) by omitting from section 20BB (1) the words "The Governor" and by inserting instead the words

"Subject to subsection ( 2 A ) , the Governor";

(ii)   by omitting from section 20BB (1) the words ", as amended by subsequent Acts";

(b) by omitting section 20BB (3) and by inserting instead the following subsections :—

( 2 A ) Where a resumption application relating to land

described or referred to in a notification of resumption or included in a taking made for the purposes referred to in subsection (1) has been lodged under section 3 1 A

(2) of the Real Property Act, 1900, with the Registrar-

General—

(a)	a notification under subsection (1) published in the Gazette after the commencement of this subsection may not rescind so much of the notification of resumption or taking, as the case may be, as relates to that land; and
(b)	any transfer of that land, after it has been brought under the provisions of the Real Property Act, 1900, to the person who was entitled thereto immediately before the resumption or taking, as the case may be, shall, for the purposes of subsection ( 4 ) , be deemed, upon its registration under that Act—

(i)   to revest that land under this section in the transferee; and

(ii)   to rescind the resumption in so far as it relates to that land.

(3) On the lodgment with the Registrar-General of a copy of a notification published in the Gazette under subsection (1) that rescinds a notification of resumption or taking of land under the provisions of the Real Property Act, 1900, the Registrar-General shall—

(a) make, in the Register kept under that Act, such recordings with respect to the rescission; and

(b) create or cancel such folios of that Register,

as he considers appropriate.
(c)	by omitting from section 20BB (5) the words "as