Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 147

147 .         No registration etc. of some land dealings without Commission’s approval

        (1)         The Registrar of Titles is not to register a transfer, conveyance, lease or mortgage of any land unless —

            (a)         it has first been approved in writing by the Commission; or

            (b)         the land comprises the whole of one or more lots, or the land comprises part of a lot included in a diagram or plan of survey of subdivision that has been approved by the Commission; or

            (c)         in the case of a lease, the lease does not contain or purport to contain an option to purchase land other than the whole of one or more lots and —

                  (i)         the term is not more than 20 years, including any option to extend or renew the term; or

                  (ii)         section 136(1) does not apply to the lease by virtue of the definition of land in section 136; or

                  (iii)         the lease is a lease which may be entered into without the approval of the Commission by virtue of section 139(1).

        (2)         The Registrar of Titles is not to create and register in the name of a registered proprietor a certificate of title for a portion of land, not being the whole of one or more lots, unless the application from the registered proprietor for the certificate of title has been endorsed with the approval of the Commission.

[ 148 .         Deleted: No. 30 of 2018 s. 163.]

[ 149.         Has not come into operation.]



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