Limitation of Actions (Adverse Possession) Act 2004 Act No by pharmphresh23

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									                                                    Limitation of Actions (Adverse Possession) Act 2004
Victorian Legislation and Parliamentary Documents




                                                                                  Act No. 76/2004


                                                                          TABLE OF PROVISIONS
                                                    Section                                                             Page

                                                    PART 1—PRELIMINARY                                                     1
                                                      1.      Purposes                                                     1
                                                      2.      Commencement                                                 2

                                                    PART 2—LIMITATION OF ACTIONS ACT 1958                                  3
                                                      3.      New section 7B inserted                                      3
                                                              7B.     No title by adverse possession against Councils      3
                                                      4.      Division headings in Parts I and II inserted                 4
                                                                                 ═══════════════

                                                    ENDNOTES                                                               6




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Victorian Legislation and Parliamentary Documents




                                                                              Victoria



                                                                          No. 76 of 2004


                                                           Limitation of Actions (Adverse
                                                               Possession) Act 2004†
                                                                                  [Assented to 9 November 2004]




                                                    The Parliament of Victoria enacts as follows:


                                                                       PART 1—PRELIMINARY

                                                         1. Purposes
                                                                 The purposes of this Act are—
                                                                  (a) to amend the Limitation of Actions Act
                                                                      1958 to exempt land of which a Council is
                                                                      the registered proprietor from claims of
                                                                      adverse possession; and




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                                                           Limitation of Actions (Adverse Possession) Act 2004
                                                                             Act No. 76/2004
                                                                            Part 1—Preliminary
                                                    s. 2


                                                                   (b) to provide transitional arrangements for
                                                                       certain claims of adverse possession against
                                                                       Councils.
Victorian Legislation and Parliamentary Documents




                                                           2. Commencement
                                                              (1) Subject to sub-section (2), this Act comes into
                                                                  operation on a day to be proclaimed.
                                                              (2) If this Act does not come into operation before
                                                                  1 January 2005, it comes into operation on that
                                                                  day.
                                                                         __________________




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                                                    Limitation of Actions (Adverse Possession) Act 2004
                                                                      Act No. 76/2004
                                                             Part 2—Limitation of Actions Act 1958
                                                                                                                     s. 3



                                                     PART 2—LIMITATION OF ACTIONS ACT 1958                         See:
                                                                                                                   Act No.
Victorian Legislation and Parliamentary Documents




                                                                                                                   6295.
                                                    3. New section 7B inserted                                     Reprint No. 8
                                                                                                                   as at
                                                           After section 7A of the Limitation of Actions           30 June 2003
                                                                                                                   and
                                                           Act 1958 insert—                                        amending
                                                                                                                   Act No.
                                                           '7B. No title by adverse possession against             8/2004.
                                                                Councils                                           LawToday:
                                                                                                                   www.dms.
                                                                                                                   dpc.vic.
                                                            (1) Despite any rule of law or provision made by       gov.au
                                                                or under this or any other Act, but without
                                                                limiting section 7, the title of a Council to
                                                                council land is not affected by reason only of
                                                                any possession of that land adverse to the
                                                                Council, irrespective of the period of that
                                                                possession.
                                                            (2) This section does not apply to a possession
                                                                of council land adverse to a Council if—
                                                                  (a) an application for title to all or part of
                                                                      that council land based on that adverse
                                                                      possession is made to the Registrar
                                                                      before, or within 12 months after, this
                                                                      section commences; and
                                                                  (b) that adverse possession is for more than
                                                                      15 years.
                                                            (3) In this section—
                                                                 "Council" has the same meaning as in the
                                                                     Local Government Act 1989;
                                                                 "council land" means land of which a
                                                                     Council is a registered proprietor under
                                                                     the Transfer of Land Act 1958;
                                                                 "registered proprietor" and "Registrar"
                                                                      have the same meanings as in the
                                                                      Transfer of Land Act 1958.'.




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                                                           Limitation of Actions (Adverse Possession) Act 2004
                                                                             Act No. 76/2004
                                                                    Part 2—Limitation of Actions Act 1958
                                                    s. 4


                                                           4. Division headings in Parts I and II inserted
                                                               (1) In Part I of the Limitation of Actions Act 1958—
Victorian Legislation and Parliamentary Documents




                                                                    (a) before section 4 insert "Division 1—
                                                                        Application";
                                                                    (b) for the heading "Actions of Contract, Tort
                                                                        etc." immediately preceding section 5
                                                                        substitute "Division 2—Actions of
                                                                        Contract, Tort etc.";
                                                                    (c) for the heading "Actions to Recover Land
                                                                        and Rent" immediately preceding section 7
                                                                        substitute "Division 3—Actions to
                                                                        Recover Land and Rent";
                                                                    (d) for the heading "Actions to Recover Money
                                                                        Secured by a Mortgage or Charge"
                                                                        immediately preceding section 20 substitute
                                                                        "Division 4—Actions to Recover Money
                                                                        Secured by a Mortgage or Charge";
                                                                    (e) for the heading "Actions to Recover
                                                                        Imposts" immediately preceding
                                                                        section 20A substitute "Division 5—
                                                                        Actions to Recover Imposts";
                                                                    (f) for the heading "Actions in Respect of Trust
                                                                        Property or the Personal Estate of Deceased
                                                                        Persons" immediately preceding section 21
                                                                        substitute "Division 6—Actions in Respect
                                                                        of Trust Property or the Personal Estate
                                                                        of Deceased Persons".
                                                               (2) In Part II of the Limitation of Actions Act
                                                                   1958—
                                                                    (a) for the heading "Disability" immediately
                                                                        preceding section 23 substitute
                                                                        "Division 1—Disability";




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                                                    Limitation of Actions (Adverse Possession) Act 2004
                                                                      Act No. 76/2004
                                                             Part 2—Limitation of Actions Act 1958
                                                                                                              s. 4


                                                            (b) for the heading "Personal Injuries"
                                                                immediately preceding section 23A
                                                                substitute "Division 2—Personal
Victorian Legislation and Parliamentary Documents




                                                                Injuries";
                                                             (c) for the heading "Acknowledgment and Part
                                                                 Payment" immediately preceding section 24
                                                                 substitute "Division 3—Acknowledgment
                                                                 and Part Payment";
                                                            (d) for the heading "Fraud and Mistake"
                                                                immediately preceding section 27 substitute
                                                                "Division 4—Fraud and Mistake".
                                                                   ═══════════════




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                                                                      Limitation of Actions (Adverse Possession) Act 2004
                                                                                        Act No. 76/2004

                                                    Endnotes



                                                                                               ENDNOTES
Victorian Legislation and Parliamentary Documents




                                                               †
                                                                   Minister's second reading speech—
                                                                   Legislative Assembly: 16 September 2004
                                                                   Legislative Council: 13 October 2004
                                                                   The long title for the Bill for this Act was "to amend the Limitation of
                                                                   Actions Act 1958 to exempt council land from adverse possession."




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