(1)  An interested person may apply to the Recorder for the taking of action or the making of an order under subsection (14) .

(2)  The application is to be –

(a) in the approved form; and

(b) accompanied by the prescribed fee; and

(c) accompanied by such evidence in support of the application as the Recorder requires.

(3)  On receipt of an application, or on the Recorder's own motion, the Recorder may give notice as specified in subsections (5) and (6) if the Recorder is satisfied that the case can properly be dealt with under this section, rather than by an application under section 138W(4) , and if –

(a) it appears to the Recorder that the boundary, area or position of the land described in a folio of the Register –

(i) was established without the benefit of a survey or a survey that the Recorder considers sufficient; and

(ii) differs from the actual boundary, area or position of the land as shown in the supporting evidence accompanying the application or, if no better evidence is available, as shown by the occupation of the land in good faith by the registered proprietor as being the land described in that folio; or

(b) it appears to the Recorder that the description of land in that folio is based on erroneous or imperfect information; or

(c) it appears to the Recorder that the boundary, area, position or description of the land contained in a forestry right –

(i) was established without the benefit of a survey or a survey that the Recorder considers sufficient; and

(ii) differs from the actual boundary, area or position of the land contained in the forestry right as shown in the supporting evidence accompanying the application or, if no better evidence is available, as shown by the use of the land in good faith by the registered proprietor as being the land contained in that forestry right; or

(d) it appears to the Recorder that the boundary, area, position or description of the land contained in a forestry right is based on erroneous or imperfect information.

(4)  The Recorder may only act on the Recorder’s own motion if it appears to the Recorder that there is no interested person to make the application.

(5)  If the Recorder gives notice under subsection (3) , the Recorder is to give the notice to the council of the municipal area in which the land is situated and also –

(a) in the case of registered land which it is proposed to affect or which may be affected, to every person appearing by the Register to have an interest in the land; and

(b) in the case of land, other than registered land, which it is proposed to affect or which may be affected, to every person whom the Recorder has found by searching the Registry of Deeds to have an interest in the land; and

(c) in the case of land subject to a highway which it is proposed to affect or which may be affected, to the highway authority concerned.

(6)  The notice is to be accompanied by –

(a) in the case of notice given to a council and to a person referred to in subsection (5)(a) or (b) , a plan showing the extent to which the land is proposed to be or may be affected; and

(b) in the case of notice given to a highway authority, a plan showing the extent to which the highway is proposed to be or may be affected.

(7)  If, after reasonable enquiry, an address for a person entitled to notice under subsection (5) cannot be ascertained, the Recorder may give the notice and relevant plan to The Public Trustee.

(8)  On receipt of a notice under subsection (7) , The Public Trustee may –

(a) act on that person's behalf; and

(b) have a lien on that person's interest for expenses incurred in so acting.

(9)  A person who has received a notice under subsection (5) may lodge a written objection with the Recorder within the period of not less than 21 days specified in the notice.

(10)  An objection must specify the grounds on which it is based.

(11)  If an objection has been lodged, the Recorder may conduct such investigations as the Recorder considers necessary for the proper determination of the matter.

(12)  In conducting an investigation under subsection (11) , the Recorder –

(a) may hold a hearing for the purpose of receiving evidence and representations; and

(b) may require a person to attend a hearing; and

(c) at a hearing, may require a person –

(i) to make an oath or affirmation to answer relevant questions truthfully; and

(ii) to answer relevant questions; and

(d) at a hearing, may require a person to produce documents; and

(e) may retain documents produced at a hearing for such reasonable time as the Recorder thinks appropriate for the purposes of the investigation and make copies of those, or parts of those, documents; and

(f) is to proceed as expeditiously and with as little formality and technicality as is consistent with the requirements of this Act and the proper investigation of the matter; and

(g) is not bound by the rules of evidence and may gather information in any way the Recorder considers appropriate; and

(h) may, subject to this Act and the rules of natural justice, determine the procedures to be followed; and

(i) may enter on relevant land for the purpose of the investigation at any reasonable time after giving reasonable notice to the owner or occupier of that land.

(13)  A person must not, without reasonable excuse, refuse or fail to comply with a requirement made under subsection (12) .

(14)  If no objection has been lodged within the specified time, or on the completion of an investigation, the Recorder is to decide the matter and may do one or more of the following:

(a) amend any plan, folio of the Register, certificate of title, grant or registered dealing;

(b) order any person benefited by an amendment of a folio of the Register, certificate of title, grant or registered dealing to pay compensation to any person adversely affected by this section;

(c) order payment of compensation out of the assurance fund;

(d) order the rectification of an instrument registered in the Registry of Deeds;

(e) order the execution and registration of an instrument;

(f) vary, and order the registration of, an unregistered easement;

(g) redefine the boundaries of a highway;

(h) amend a sealed plan of subdivision under the Local Government (Building and Miscellaneous Provisions) Act 1993 if the amendment does not materially change the scheme of the subdivision;

(i) determine that no further action is to be taken in respect of the boundaries, area, position or description of the relevant land in a folio of the Register or a forestry right;

(j) make such order as to the costs of a person attending a hearing under subsection (12) as the Recorder thinks fit;

(k) take any other action necessary or convenient to give effect to the Recorder’s decision.

(15)  The Recorder is to give a copy of the Recorder’s decision under subsection (14) to each person to whom notice has been given under subsection (5) .

(16)  The Recorder may refuse to proceed or to proceed further under this section –

(a) if the Recorder considers that –

(i) a party ought to bring an action, suit or other proceeding; or

(ii) a party ought to apply for an order under section 138W(4) ; or

(iii) the Recorder cannot bring the matter to a satisfactory conclusion; or

(b) until a plan has been amended under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 or an action, suit or other proceeding has been finalised.

(17)  A decision under subsection (14) may be registered in the Supreme Court and may be enforced, subject to subsection (18) , as if it were a judgment of that Court.

(18)  A decision under subsection (14) is not to be acted on for 30 days and within that period a person affected by the decision may appeal to the Supreme Court which may do any one or more of the following:

(a) stay proceedings on the decision wholly or in part;

(b) quash or vary the decision;

(c) substitute for the decision any other decision that the Recorder was entitled to have made and do any thing that the Recorder could do under that subsection;

(d) order the Recorder to amend any plan, folio of the Register, certificate of title, grant or registered dealing or do any other thing that the Recorder was entitled to do under that subsection.

(19)  The powers conferred by this section are in addition to, but are not substituted for, any powers of correction, rectification or amendment conferred by any other provision of this Act.

(20)  A rectification or amendment made under this section is be taken to have been made prior to the registration of the instrument that is so rectified or amended.

(21)  In this section –

interested person includes, but is not limited to –

(a) the registered proprietor, mortgagee, lessee or encumbrancee of the relevant land; and

(b) the council of the municipal area in which the relevant land is situated; and

(c) if the relevant land is a highway, the highway authority for that land; and

(d) the Crown in right of Tasmania; and

(e) any other person the Recorder considers to be an interested person.