Western Australian Current Acts Western Australian Current Acts Where a block of land
has been subdivided and the whole or part thereof sold in allotments according
to a plan of subdivision but such block is altogether or in part unoccupied
and by reason of errors of survey or misdescription in the muniments of title
the boundaries and positions of such subdivisional allotments cannot be
ascertained with certainty or are found to be inconsistent with each other and
with the scheme of subdivision indicated by what appears on the ground or in
the muniments of title and if the original external survey boundaries of such
block can be determined and sufficient evidence is available to satisfy the
Commissioner as to the governing features of the original scheme the number
and relative positions and relative dimensions of the subdivisional allotments
roads streets and ways he may upon an application to bring any such
subdivisional allotment or allotments under this Act or where such land is
already under The Transfer of Land Act 1874 or this Act to have a separate
certificate of title created and registered for such allotment or allotments
or an existing certificate amended or for a relevant graphic to be amended or
replaced cause a survey to be made and if it be found that such land or any
portion thereof has been erroneously described as regards position dimensions
or area or that an excess or deficiency of measurement exists he may if of
opinion that such a course is necessary and expedient for the recognition or
registration of titles to land comprised in the said block prepare a scheme of
subdivision of the whole or any portion of such block agreeing as near as may
be with the original scheme as indicated by such evidence as aforesaid and for
that purpose may adjust and determine all or any of the boundary lines and the
position and dimensions of the roads streets and ways and apportion any excess
either in accordance with section 159 or in such other manner as he shall deem
equitable and expedient for the purposes of such subdivision.
[Section 160 amended: 2 Edw. VII. No. 10 s. 6; No.
81 of 1996 s. 94; No. 6 of 2003 s. 51.]