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Section 412

Copies of deposited plans

of National Land Code (Revised - 2020)

ActIn forceProvision 364 of 391
Section 412

(1)

For the purposes of this Chapter, every copy of a deposited plan shall be—

(a)

produced by photography, photolithography or any mechanical or other process or extracted from the digital cadastral database which in itself ensures the accuracy of the copy;

(b)

made by or on behalf of the Director of Survey and

Mapping in whose office the plan is deposited; and

(c)

certified by him or on his behalf to be a true and correct copy of the original.

(2)

In legal proceedings, any document purporting to be a deposited plan or a copy of a deposited plan—

(a)

shall be presumed until the contrary is proved to be what it purports to be; and

(b)

while it is so presumed, shall be admissible in evidence without further proof as a true and correct plan of the land to which it refers.

Inspection of plans and inspection and provision of copies 413.

On payment of the prescribed fee, if any, any person may—

(a)

on any working day and during normal office hours—

(i)

inspect any deposited plan in the office of the

Director of Survey and Mapping;

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National Land Code 567

(ii)

inspect any copy of a deposited plan distributed under subsection 411(2) in the office to which it has been distributed;

(b)

obtain a copy of any deposited plan on application to the

Director of Survey and Mapping.

Part Thirty—REGISTRATION OF STATUTORY VESTING

Interpretation 414.

In this Part—

“document of entitlement” means a lease, temporary occupation licence, permit, combined licence and permit, permit to use air space or approval referred to in subsection 416(1);

“registered interest in land” means any land or any interest in land, including one to which the Strata Titles Act 1985

applies, registered in the name of the transferor, and in respect of which a transfer is capable of being effected under Part

Fourteen;

“registrable interest in land” means any land or any interest in land, including one to which the Strata Titles Act 1985 applies, in respect of which a transfer is capable of being effected under

Part Fourteen to the transferor, and which at the time that a statutory vesting of it takes effect had not yet been presented for registration, or if so presented, had not yet been registered in favour of the transferor;

“statutory vesting” means a vesting effected by any written law—

(a)

of any registered interest in land or any registrable interest in land, whether or not under the provision effecting such vesting any instrument of transfer or 386

Act 828

any other instrument, whether specifically described or not, is required to be presented to the Registrar in order to give effect to such vesting; or

(b)

which has the effect of vesting in the transferee any other right or entitlement whatsoever in relation to any land which was the right or entitlement of the transferor, regardless of the words or expressions used in the written law in relation to such vesting, and regardless whether or not such words or expressions include the word “vesting” or

“transfer”;

“transferee” means the person in whose favour a statutory vesting is effected;

“transferor” means the person from whom a statutory vesting is effected in favour of a transferee.

Application for registration of a statutory vesting of a registered or registrable interest in land