Document ID: chunk:federal_register_of_legislation:F2006B00525:body:0:p3
Version: federal_register_of_legislation:F2006B00525
Segment Type: other
Provision Reference: 
Character Range: 5022–8011

or
 (iv) a right-of-way; or
 (v) a reserve for water supply, sewerage, drainage, foreshore management, waterway management or  recreation; and
         (b) the diagram or plan is received registered or deposited in the Office of Titles.

 "(2) The Registrar of Titles must vest in the Council those parts of the land:
         (a) in accordance with the condition; and
         (b) without a conveyance, transfer, assignment or payment of a fee.".

1.2   After subparagraph 27a (1) (b) (iv), insert:
 "; or (v) Christmas Island Shire Council or the Crown for a purpose referred to in subparagraph (iii) or (iv);".

        SCHEDULE—continued

PART 5—AMENDMENTS OF THE
TRANSFER OF LAND ACT 1893 (W.A.) (C.I.)

1.   Section 4 (Interpretation)
1.1   Subsection 4 (1) (definition of "Grant"):
After "Majesty", insert "or the Commonwealth".

2.   Sections 81a and 81b
2.1   Omit the sections, substitute:

Division 1—Registration of Crown Leases After October 1992

Registration of Crown leases after October 1992

 "81a. (1)  An original and a duplicate of a Crown lease issued after the date of commencement of this section must be:
         (a) issued under seal; and
         (b) forwarded by the Minister for Lands to the Registrar for registration under sections 53 and 54.

 "(2) The Registrar must register the lease:
         (a) by allocating a distinctive reference to it; and
         (b) making any other notation on the lease and duplicate lease which the Registrar considers appropriate.

"Division 2—Registration of Pre-existing Leases

Interpretation

 "81b. In this Division, unless the contrary intention appears:
'Commonwealth Department' means the Commonwealth Department administering the Christmas Island Act;
'pre-existing lease' means a lease granted before the date of commencement of this section under the Lands Ordinance 1987.

        SCHEDULE—continued

Giving lease documents to the Registrar

 "81BA. (1)  Subject to subsection (2), the lessee under a pre-existing lease must give to the Registrar, before dealing with the lease:
         (a) the lessee's part of the instrument of lease; and
         (b) a certified copy of any instrument of mortgage, sublease or other dealing relating to the pre-existing lease.

 "(2) If a pre-existing lease is subject to a mortgage and the mortgagee holds the lessee's part of the instrument of lease:
         (a) the mortgagee must give to the Registrar, before dealing with the lease or returning it to the lessee:
 (i) the lessee's part of the instrument of lease; and
 (ii) a certified copy of the instrument of mortgage relating to the lease; and
         (b) the lessee must give to the Registrar, before dealing with the lease, a certified copy of any instrument of sublease or other dealing relating to the lease.

 "(3) If the lessee's part of the instrument of lease has been lost or destroyed, the lessee must give the Registrar a written statement:
         (a) setting out the lessee's