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©State of Queensland
QUEENSLAND
REAL PROPERTY ACTS AMENDMENT ACT 1956-1974
[Reprinted as at 1 July, 1981]
Real Property Acts Amendment Act of 1956, 5 Eliz. 2 No. 7 As amended by
Real Property Acts Amendment Act 1974, No. 72
An Act to Amend The Real Property Acts, 1861 to 1952, in certain particulars
[Assented to 29 October, 1956]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. (1) Short title. This Act may be cited as The Real Property Acts Amendment Act of 1956.
(2) Construction. This Act shall be read as one with The Real Property Acts, 1861 to 1952.
(3) Collective title. The Real Property Acts, 1861 to 1952, and this Act may be collectively cited as The Real Property Acts, 1861 to 1956.
Collective title conferred by Act of 1974, No. 72, s. 17 Sch.
2. Cancellation of registration of certain leases which are bona vacantia. (1) This section applies to leases registered under the Acts whereby extinct corporations (including corporations which became extinct before as well as those which become extinct on or after the enactment of this section) are registered as lessees of lands under the Acts. ·
(2) Subject to this section-
( a) The Crown Solicitor on behalf of the Crown may apply to the Registrar of Titles to cancel; and
(b) Upon application duly made by the Crown Solicitor on behalf of the Crown, the Registrar of Titles may cancel,
the registration of any lease to which this section applies,
(3) Every application under this section shall contain or be accompanied by-
(a) Evidence to the satisfaction of the Registrar of Titles of the extinction of the corporation to which the application relates;
and
(b) A statement by the Crown Solicitor that he verily believes that the lease to which the application relates belongs to the Crown and has become vested in it.
2 s. 2 REAL PROPERTY ACTS AMENDMENT ACT OF 1956 ( 4) Every such application shall also be accompanied by-
( a) Where the extinct corporation to which the application relates was incorporated or registered, or deemed to be incorporated or registered, under The Companies Acts, 1931 to 1955, a certificate by the Registrar of Companies under and within the meaning of those Acts stating that such corporation has been dissolved and the date of such dissolution; and (b) Where the extinct corporation to which the application relates
was incorporated or registered, or deemed to be incorporated or registered, under some other Act, a certificate by the person or authority charged thereby with the duty of keeping the register or other record of incorporations or. registrations thereunder stating that such corporation has been dissolved and the date of such dissolution.
(5) To the extent which may be necessary the Registrar of Companies and every person or authority referred to in paragraph (b) of subsection four of this section are hereby authorised respectively to issue the certificates referred to in that subsection.
( 6) The Registrar of Titles may require the Crown Solicitor to furnish him with all such additional information relating to an application under this section as the Registrar of Titles deems fit.
(7) It shall not be necessary to lodge at the office of the Registrar of Titles in connection with an application under this section, the duplicate or triplicate lease or the duplicate of any deed of grant or certificate of title of the land or any part of the land leased or demised.
( 8) The Registrar of Titles shall cancel a lease pursuant to an application in that behalf made under this section by endorsing a memorandum cancelling the lease on the entry thereof in the folium in the register book of any and every deed of grant or certificate of title of the land or any part of the land leased or demised.
He shall make the like endorsement in the duplicate of every such deed of grant or certificate of title which is then lodged at his office and he shall also endorse upon the lease a memorandum of the cancellation thereof pursuant to the application.
At any time subsequently when the duplicate of any such deed of grant or certificate of title shall be lodged at his office, the Registrar of Titles may endorse a memorandum cancelling the lease on the entry thereof in that duplicate.
(9) Where the Crown Solicitor makes any such application no stamp duty nor fees shall be payable but upon the lodgment as aforesaid of the duplicate Deed of Grant or Certificate of Title by the registered proprietor, a fee of $1.50 shall be payable on the endorsement of the memorandum cancelling the lease on the entry thereof in that duplicate.
REAL PROPERTY ACTS AMENDMENT ACT OF 1956 s. 2 3 (10) Upon and by virtue of the cancellation of a lease pursuant to an application under this section, such lease shall be extinguished and the estate or interest evidenced thereby shall cease and determine.
( 11) In this section the term "the Acts" means The Real Property Acts, 1861 to 1956.
Where the land let or demised by a lease the subject of an application under this section is situated within the Central District or the Northern District as defined in The Real Property (Local Registries) Act of 1887, as amended by The Central and Northern Districts Boundaries Act of 1900, the application and all documents relating thereto shall be lodged at the Local Registry for the District in which the land is situated and the Local Deputy Registrar for such District shall perform the duties and powers imposed and conferred upon the Registrar of Titles by this section.
As amended by Act of 1974, No. 72, s. 16 Sch.
85522-By Authority: S. R. HAMPSON, Government Printer, Queensland-1981
