Subdivision applications where Planning Act 1999 applies
44 Subdivision applications where Planning Act 1999 applies
(1) This section applies to and in respect of land to which Part 5 of the Planning Act 1999 applies.
(2) In this section, subdivision means subdivision within the meaning of the Planning Act 1999.
(3) A lessee may apply to the Minister for issue of estates in fee simple or new leases in respect of each lot created in a subdivision of the land.
(4) The Minister shall, on receiving an application under subsection (3), by notice in writing, advise the lessee of:
(a) the reservations, conditions and provisions to be included in the leases, if any, of the lots created by the subdivision; and
in respect of each of the lots so created:
(i) the purchase price, if any, for the estate in fee simple or the lease of the lot; and
the lease grant charges, if any, for a lease of the lot.
(5) Section 42(5), (6) and (7) apply to an application under subsection (3) in relation to the subdivision of land (other than town lands).
For the purposes of subsection (5), a reference in:
section 42(5)(c) to the notification;
(b) section 42(6)(a) to the approval of the subdivision; and
section 42(7)(b) to the notification under subsection (4),
shall be read as a reference to a notice under subsection (4).
(7) Section 43(6), (7) and (8) apply to an application under subsection (3) in relation to the subdivision of land by the grant of a consolidated lease.
(8) For the purposes of subsection (7), a reference in section 43(6), (7) and (8) to the notification and the notification of the approval of the application shall be read as a reference to a notice under subsection (4).
(9) The Minister shall not grant an estate in fee simple or a new lease under this section in respect of a lot created by a subdivision unless the Minister is satisfied that:
(a) any conditions to which a grant of the subdivision consent under Part 7 of the Planning Act 1999 was subject have been complied with; and
(b) a plan of the subdivision has been deposited in the office of the Surveyor-General in accordance with that Part.
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