Road Districts Act Amendment Act 1934 (WA)

No. 19.] Road Districts. [1934.

ROAD DISTRICTS.

25° GEo. V., No. XVIII.

No. 19 of 1934.

AN ACT to make provision in the Road Districts Act, 1919-1933, for the revestment in His Majesty of certain Land in certain cases.

I Assented to 12th December, 1934.]

Council and Legislative Assembly of Western Australia, in

BE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :--

snort title and

commencement. 1.

(1.) This Act may be cited as the Road Districts Act Amendment Act, 1934, and shall be read as one with the Road Districts Act, 1919-1933, as reprinted in the Appendix to the Sessional Volume of the Statutes for the years 1933-1934, hereinafter referred to as the principal Act.

(2.) This Act shall come into operation on a day to be fixed by proclamation.

New sections.	2. Sections are inserted in the principal Act after sec- tion two hundred and eighty-five, as follows:-
Vacant land to

retest in His	285A. In either of the following cases, that is to
Majesty in cer-

tain cases. say

(a) Where an order for sale of any vacant land (whether enclosed with a fence or not) made under this Part of this Act has expired within the meaning of section two hundred and eighty of this Act before the land is sold in pursuance of such order, and

(i) no fresh order for sale of such land is registered	within three months after the expiration of
the said order; and

1934.] Road Districts. [No. 19.

(ii)    within such period of three months no applica- tion is made or proceeding is taken for sale of such land for non-payment of rates or taxes under any other Act, or, if any application made or proceeding taken as aforesaid within such period is abandoned within such period, or for a period of three months after the making of such application, or the taking of such proceeding is not proceeded with; and

(iii)    there has been no change in proprietorship of the land, or no encumbrance registered against such land; and

(iv)    the amount of the rates in respect of which the said order was made remains unpaid after the expiration of notice in writing by registered post of not less than one month or more than three months given by the Crown Solicitor to every person appearing by the records in the Office of Titles, or the Registry of Deeds, or the Department of Lands and Surveys to have ally legal or equitable estate or interest in the said vacant land at the address of such person appearing on the records aforesaid, that unless the amount of the said rates is paid within the period specified in the notice, the said land is liable to become vested absolutely in His Majesty, or

(b) Where any vacant land (whether enclosed with a fence or not) has been sold in pursuance of an order for sale made under this Part of this Act, but a transfer thereof is not registered within fifteen months after the date of such order, and there has been no change in the pro- prietorship of such land or no encumbrances registered against such land after the expira- tion of twelve months and before the expiration of fifteen months from the date of the said order,

all rights of property which may have at any time been vested by statute or otherwise in any person whomso- ever in the said vacant land shall absolutely cease and determine, and the said vacant land, and all the estate, right, and title in law and equity there- in or thereto, shall by virtue of this section be and become

No. 19.] Road Districts. [1934.

vested in His Majesty freed, released, and discharged of and from all rates and taxes then charged upon or owing in respect of the said land and of and from all encumbrances, and the estate, right, title, interest, claim, or demand of any person whomsoever.

For the purposes of this section, and of sections two hundred and eighty-five B and two hundred and eighty- five C of this Act, the term "vacant land" means land of any tenure, which has not been improved (other than being enclosed with a fence) or cultivated and used for any purpose, or, which, after being improved or culti- vated and used, has ceased to be used by the proprietor thereof or by any person acting for, under, or through such proprietor in such a manner as to indicate that the said land has been abandoned by such proprietor.

Orders for sale

of vacant land	285B. (1.) As and when an order -for sale is made under this Act, and the same is submitted for registra- tion, such order for sale shall be accompanied by a cer- tificate under the hand of the secretary of the board by which such order was obtained, stating whether or not the land to be sold pursuant to the order is vacant land, and where such certificate states that the land is vacant land the Registrar of Titles, Registrar of Deeds, or Under Secretary for Lands, or other person receiving the order for sale for registration, shall enter in a book to be kept for the purpose particulars of the order for sale and the date thereof, and of the land to be sold, and the date when such order of sale will expire.
to be recorded.
Oa expiration of

order for sale. (2.)

As and when it appears from the particulars en- and material records that an order for sale recorded in such book has expired, the Registrar of Titles, the Regis- trar of Deeds, the Under Secretary for Lands, or other person aforesaid, shall give notice thereof to the Crown Solicitor.

inquiries to be

made to ascertain	tered in the book aforesaid, or from any other relevant
if land sold.

(3.)

The Crown Solicitor, on receipt of such notice, shall ascertain from the clerk of the local court in which such order for sale was made whether the land in respect of which such order was made has been sold, and there- after shall make such other investigations as may be necessary to satisfy himself whether or not the vacant land in respect of which such order for sale was made has revested in His Majesty as provided for in section two hundred and eighty-five A of this Act.

1934.] Road Districts. [No. 19.

285C. When, after inquiry made as provided for in rAeuctobrodrsitytotu etteec

subsection three of section two hundred and eighty-five B ranrdevestnient

of this Act, the Crown Solicitor is satisfied that any vacant land has revested in His Majesty as provided for in section two hundred and eighty-five A of this Act, then, upon application in writing made by the Crown Solicitor, the Registrar of Titles, the Registrar of Deeds, the Under Secretary for Lands, or other person as the case may he, having the custody or control of any register or public record relating to the said land, is hereby authorised to make, and shall make, in the registers or records in his custody or control all such entries relating to the said land as may be necessary and requisite to complete and effectuate the revestment of the said land in His Majesty as aforesaid, and otherwise to give effect to sections two hundred and eighty-five A and two hundred and eighty-five D of this Act. Inso- far as such land is under the Transfer of Land Act, 1893, such entries may be made notwithstanding that the dupli- cate certificate of title is not produced.

285D. Any land which is revested in His Majesty by Land caseated may abse u ndailletn

be dealt with and disposed of as unalienated Crown land ated Crown land.	section two hundred and eighty-five A of this Act may
under the provisions of the Land Act, 1933.

3. The principal Act as amended by this Act and by any Citation of pd.-

other Act passed previously to this Act may lie cited as the pal Act as	amended.
Road Districts Act, 1919-1934.