AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SCHEDULE 3

- Registration of Proclamations Referred to in section 22

SCHEDULE 3 - Registration of Proclamations Referred to in section 22

Section 22

1.    Interpretation
In this Schedule,
Register has the same meaning as it has in the Land Titles Act 1980 .
2.    Registering proclamations under section 22(1)
(1) A proclamation required to be registered under section 22(1) is to be registered by lodging with the Recorder –
(a) a copy of the proclamation; and
(b) particulars of the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority.
(2) If a proclamation has been lodged under subclause (1) , the Recorder is to record the proclamation on the folio of the Register constituting the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority.
3.    Procedure where land not under Land Titles Act 1980
(1) If the whole or any part of the land referred to in clause 2(1)(b) is not under the Land Titles Act 1980 , the Recorder is to bring under that Act so much of the land that is not under that Act by registering a qualified title to it in accordance with section 21 of that Act.
(2) If part only of the land referred to in clause 2(1)(b) to which a proclamation relates is required to be brought under the Land Titles Act 1980 by this clause, the Recorder is to issue a consolidated title to the whole of the land and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land.
(3) The Recorder is not bound, for the purposes of subclause (1) , to investigate the title to any land.
4.    Registering proclamations under section 22(2) and (3)
(1) A proclamation required to be registered under subsection (2) or (3) of section 22  –
(a) is to contain particulars of the title to the area of the private sanctuary or private nature reserve –
(i) to which it relates, in the case of a proclamation required to be registered under subsection (2) of that section; or
(ii) ceasing to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve by virtue of the proclamation, in any other case; and
(b) is to be registered by lodging with the Recorder a copy of the proclamation.
(2) If a proclamation has been lodged under subclause (1) , the Recorder is to record on the folio of the Register constituting the title to the area of the private sanctuary or private nature reserve to which the proclamation relates –
(a) particulars of the alteration or name contained in the proclamation, in the case of a proclamation required to be registered under section 22(2) ; or
(b) a statement that that area of land has ceased to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve declared by the proclamation previously registered in respect of that land, in any other case.
5.    Registration fee not payable
A fee is not payable in respect of the registration of a proclamation in accordance with this Schedule.


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