Western Australian Current Acts Western Australian Current Acts Where land has been
subdivided by the Crown into allotments or portions of equal area and by
reason of erroneous measurements in the original Crown survey the area of the
section as marked on the ground exceeds the sum of the areas of all the
allotments or portions as shown by any plan or description used at the Crown
sale or by any grant or certificate of title or on any relevant graphic of any
such allotment or portion the total excess of area of the section shall be
deemed originally distributable amongst the allotments or portions equally;
and if the area of the land included in any application to bring land under
this Act or for an amended certificate or for the amendment or replacement of
a relevant graphic is in the applicant’s possession and was in such
applicant’s possession or those through whom he claims for over 12 years
previous to the application and does not exceed the area obtained by dividing
the area of the section as shown on the ground by the number of original
allotments or portions the Commissioner may without ascertaining the
dimensions of the other allotments or portions and without the consent of the
owner or owners thereof direct the Registrar to create and register a
certificate in respect of the land included in such application as if the
whole of it had been included by metes and bounds in the original grant or
certificate of title and to amend or replace, if necessary, any relevant
graphic.
[Section 29 amended: No. 81 of 1996 s. 14; No. 6
of 2003 s. 12.]