Requirements for registration of plan of subdivision
290J Requirements for registration of plan of subdivision
A plan of subdivision must—
show all proposed lots marked with separate and distinct numbers; and
show all proposed easements marked with separate and distinct letters; and
distinctly show all roads, parks, reserves and other proposed lots that are to be public use land; and
if it provides for any proposed public use land to be a reserve—state the purpose of the reserve; and
comply with the Survey and Mapping Infrastructure Act 2003; and
be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003; and
if any land the subject of the plan of subdivision is the subject of a lease issued under this Act, include a statement agreeing to the plan by—
if there is a mortgagee in possession of the lease—the mortgagee in possession; or
otherwise—the lessee of the lease; and
if any land the subject of the plan of subdivision is the subject of an occupation licence under this Act and the licensee is surrendering all or part of the licence—include a statement agreeing to the plan by the licensee; and
if a road is permanently closed under section 108—show the road as permanently closed; and
if a road permanently closed is amalgamated with land under section 109(2)—show the amalgamation; and
be consented to by the Minister; and
be consented to by—
each person whose interests as a registered mortgagee are affected by the plan; and
each person whose interests as a registered sublessee are affected by the plan; and
each person whose interests as a registered grantee of an easement or profit a prendre are affected by the plan; and
if the land the subject of the plan of subdivision is the subject of a conservation agreement—the chief executive of the department in which the Nature Conservation Act 1992 is administered; and
include a statement identifying each lot created by the plan of subdivision that is to remain subject to the title reference for any lease, licence, reserve or unallocated State land affected by the plan.
For subsection (1)(d), the purpose of the reserve must be a purpose mentioned in section 31(1).
If the plan of subdivision defines the boundaries of a lease, or part of a lease, or another interest in land less than freehold, that is acquired by resumption under the authority of an Act—
subsection (1)(g), (h), (k) and (l) does not apply; and
the plan must be consented to by the acquiring entity.
If the plan of subdivision relates only to transport land, the plan of subdivision need not be consented to by the Minister as otherwise would be required under subsection (1).
If the plan of subdivision is needed to effect the absolute or partial revocation of a reserve or the absolute or partial cancellation of an occupation licence, subsection (1)(l) does not apply.
Subsection (7) applies, despite subsection (1), if—
the land the subject of the subdivision is in a priority development area; and
the plan of subdivision has been consented to by MEDQ.
The plan must be registered without the consent of the Minister or anyone else whose consent would otherwise have been required for the plan if it otherwise complies with this section.
This Act’s bill:Explanatory memorandum
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