Western Australian Current Acts Western Australian Current Acts (1) Land alienated in
fee by Her Majesty before 1 July 1875 may be brought under the operation of
this Act by an application in the form in the Second Schedule.
(2) The application
may be made by any of the following persons (that is to say) —
(a) the
person claiming to be the owner of the fee simple either at law or in equity;
(b)
persons who collectively claim to be the owners of the fee simple either at
law or in equity;
(c)
persons who have the power of appointing or disposing of the fee simple;
(d) the
person claiming to be the owner of the first estate of freehold provided that
the owner of any vested estate of inheritance join in applying to bring the
land under the operation of the Act;
(e)
trustees for sale of the fee simple but if any previous consent to their
selling be requisite the persons required to give such consent to consent to
the application;
(f) the
guardian of any infant or the committee of the estate of any lunatic or person
of unsound mind unable to govern his estates so however that the application
be made on behalf of such infant lunatic or person and the certificate of
title be prepared for registration in his name;
(g) a
tenant for life within the meaning of the Settled Land Act 1892 6 , if the
application contains a direction that the certificate of title be registered
in the names of the trustees of the settlement within the meaning of that Act,
and the trustees consent to the application.
(3) Despite subsection
(2), a mortgagor shall not be entitled to make such application unless the
mortgagee shall consent thereto.
(4) Despite subsection
(2), a mortgagee shall not be entitled to make such application unless in the
exercise of his power of sale and unless the certificate of title shall be
prepared for registration in the purchaser’s name.
(5) Despite subsection
(2), the attorney of any corporation howsoever and wheresoever incorporated
whether already constituted or hereafter to be constituted by a power of
attorney under a seal purporting to be the common seal of the corporation
giving the power may make such application for and on behalf of the
corporation of which he is the attorney and may make the requisite declaration
to the best of his knowledge information and belief and may subscribe the
application in his own name.
[Section 20 amended: No. 17 of 1950 s. 9; No. 81
of 1996 s. 8; No. 6 of 2003 s. 9; No. 19 of 2010 s. 51.]