Districts Act 2002

This Act is the Districts Act 2002.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.

For example, the signpost definition ‘digital cadastral database—see section 17.’ means that the expression ‘digital cadastral database’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The Minister must, by deposited plan, divide the land in the ACT into districts.

The boundaries of each district are the boundaries shown on the deposited plan by which the district is created.

The Minister must determine a distinguishing name for each district.

A determination is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

The Minister may, by deposited plan, do any of the following:

divide a district, or part of a district, into divisions or blocks;

divide a division, or part of a division, into sections;

divide a section into blocks.

The boundaries of each division, section or block are the boundaries shown on the deposited plan by which the division, section or block is created.

Note The Minister must determine a distinguishing name for each division—see the Public Place Names Act 1989, s 3 (1) (a).

The Minister must give each section and block a distinguishing number.

A deposited plan is a plan prepared by a registered surveyor and registered by the registrar-general under this section.

The plan must—

set out the boundaries of, and the distinguishing name or number for, each district, division, section or block to be created by the plan; and

be lodged with the registrar-general in registrable form.

Note A fee may be determined under the Land Titles Act 1925, s 139 for lodging plans with the registrar-general.

The registrar-general may register the plan only if the surveyor-general has certified that—

the land divided by the plan is correctly described; and

the plan complies with this Act.

For subsection (3) (a), the surveyor-general may certify that land divided by the plan is correctly described only if––

the boundaries of the land have been established by a registered surveyor––

by survey; or

for land that the plan divides into districts or divisions or that the surveyor-general is satisfied is to be the subject of a holding lease––by reference to information in the digital cadastral database; and

the plan and the information in the digital cadastral database are not inconsistent with each other.

If this section is complied with, the registrar-general must register the plan by entering particulars of the plan, including a number for the plan, in the land titles register.

If the plan amends another deposited plan, the registrar-general must also enter a reference to the amendment on the other deposited plan.

In this section:

holding lease means a lease issued to allow for urban development and subdivision.

registrable form—a plan is in registrable form if—

it does not require a material correction, alteration or addition; and

it is in a printed or electronic form that the registrar-general is satisfied is suitable for registration; and

it is otherwise in accordance with this Act.

A deposited plan is evidence of the measurements and boundaries of the areas of land shown on it unless the contrary is proved.

The description of a parcel of land by reference to the name or number of the district, division, section or block by which the parcel of land is described in the deposited plan on which the parcel of land is shown is sufficient description of the parcel of land for dealings with the parcel of land.

This section applies if—

a name (the earlier name) has been determined for a district or division as mentioned in section 5 (Districts) or section 6 (Divisions, sections and blocks); and

another name (the later name) is later determined for the district or division.

A reference in a deposited plan or any other instrument to the earlier name is, from the time the later determination has effect, taken to be a reference to the later name.

If an instrument relating to a parcel of land shown in a deposited plan is presented to the registrar-general, the registrar-general must make the entries, cancellations and corrections (if any) to the instrument the registrar-general considers necessary so that the parcel of land is described by reference to the name or number of the district, division, section or block by which it is described in the deposited plan.

In this section:

instrument means the original of an instrument in the land titles register.

The registrar-general must make plans lodged under this Act available for inspection at the registrar-general’s office.

The registrar-general may also make plans available for inspection in other ways (for example, by emailing copies to people on request).

Plans may be made available for inspection in printed or electronic form.

Note A fee may be determined under the Land Titles Act 1925, s 139 for inspection of plans.

The Minister may allocate a street address to a block or unit.

The allocation must be in accordance with the guidelines (if any) made by the Minister under section 14.

If the Minister allocates a street address to a block or unit, the Minister must—

record details of the street address in—

a register kept for this section by the Minister; and

the digital cadastral database; and

make details of the street address publicly available (for example, through ACT government shopfronts and public libraries).