Application may not be made about particular matters
98 Application may not be made about particular matters
An application may not be made under this division if the application—
relates to only a part of a lot; or
is for a lot that may be created in the future by the registration of a plan of subdivision; or
is for a lot the registered owner of which is—
the State or another entity representing the State; or
a local government; or
relates to possession arising out of an encroachment.
In this section—encroachment means—
an encroachment within the meaning of the Property Law Act 2023, part 10, division 3; or
the enclosure of a part of a lot with another lot, if—
the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and
the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.
This Act’s bill:Explanatory memorandum
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