Limitation of Actions (Adverse Possession) Act 2004

Victorian Legislation and Parliamentary Documents i Limitation of Actions (Adverse Possession) Act 2004 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 -- 1 of 7 -- Victorian Legislation and Parliamentary Documents 1 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 Victoria No. 76 of 2004 -- 2 of 7 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Limitation of Actions (Adverse Possession) Act 2004 Act No. 76/2004 2 (b) to provide transitional arrangements for certain claims of adverse possession against Councils. 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. __________________ s. 2 -- 3 of 7 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Actions Act 1958 Limitation of Actions (Adverse Possession) Act 2004 Act No. 76/2004 3 PART 2—LIMITATION OF ACTIONS ACT 1958 3. New section 7B inserted After section 7A of the Limitation of Actions Act 1958 insert— '7B. No title by adverse possession against Councils (1) Despite any rule of law or provision made by 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.'. See: Act No. 6295. Reprint No. 8 as at 30 June 2003 and amending Act No. 8/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 4 of 7 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Actions Act 1958 Limitation of Actions (Adverse Possession) Act 2004 Act No. 76/2004 4 4. Division headings in Parts I and II inserted (1) In Part I of the Limitation of Actions Act 1958— (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"; s. 4 -- 5 of 7 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Actions Act 1958 Limitation of Actions (Adverse Possession) Act 2004 Act No. 76/2004 5 (b) for the heading "Personal Injuries" immediately preceding section 23A substitute "Division 2—Personal 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". ═══════════════ s. 4 -- 6 of 7 -- Victorian Legislation and Parliamentary Documents Limitation of Actions (Adverse Possession) Act 2004 Act No. 76/2004 6 ENDNOTES † 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." Endnotes -- 7 of 7 --