Interpretation
223LA Interpretation
In this Part, unless the contrary intention appears—
allotment means—
the whole of the land comprised in a certificate except for a community or development lot or common property within the meaning of the
Community
Titles Act 1996 or a unit or common property within the meaning of the Strata
Titles Act 1988;
the whole of the land comprised in a registered conveyance of land that has not been brought under the provisions of this Act;
a separately defined piece of land that is delineated on a public map and separately identified by number or letter (not being a piece of land that is identified in a Treasury receipt, certificate or other document or instrument of title as being part only of an allotment);
two or more separately defined pieces of land that are delineated on a public map and that are identified in a Treasury receipt, certificate or other document or instrument of title as forming one allotment for the purposes of this Part;
a separately defined piece of land delineated on a plan of division for the purpose of enabling the separate ownership in fee simple of that land;
a separately defined piece of land identified as an allotment for the purposes of this Part in a plan prepared by the Registrar-General and accepted for filing in the Lands Titles Registration Office;
where a primary plan of community division has been cancelled under Part 7
Division 3 of the Community
Titles Act 1996 or a strata plan has been cancelled under Part 2 Division 7 of the
Strata
Titles Act 1988—the land comprising the former community parcel or site shown on the plan, but does not include—
any such land or piece of land that has ceased to be an allotment by virtue of subsection (5);
or
land divided by a primary plan of community division under the Community
Titles Act 1996 or a strata plan under the Strata
Titles Act 1988;
amalgamation means the amalgamation of two or more contiguous allotments into a single allotment;
area means an area in relation to which a council is constituted;
the
Commonwealth Crown means the Crown in right of the Commonwealth and includes any instrumentality or agency of that Crown;
council means a municipal or district council continued by or constituted under the Local
Government Act 1999;
the
Crown means the Crown in right of the State and includes a Minister of the
Crown and any instrumentality or agency of the Crown;
division means the division of land into allotments, or the alteration of the boundaries of allotments, and includes subdivision and resubdivision but does not include amalgamation or the division of land by community plan under the Community
Titles Act 1996 or by strata plan under the Strata
Titles Act 1988;
electricity entity means—
a person who holds a licence under the Electricity
Act 1996 authorising the operation of a transmission or distribution network;
or
a person exempted from the requirement to hold such a licence; or
Distribution
Lessor Corporation or Transmission Lessor Corporation;
holder of a statutory encumbrance means—
in relation to an agreement under Part 14 of the Planning,
Development and Infrastructure Act 2016—the
Minister, council or greenway authority that entered into the agreement; or
in any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;
the
Mount Lofty Ranges means that part of the State delineated in General Registry Office
Plan No. 180 of 1992 and described in that plan as "Mt. Lofty
Ranges Area";
public map means a public map as defined in section 70 of the Crown
Land Management Act 2009;
service easement means an easement in favour of—
a water industry entity for sewerage or water supply purposes;
a council or the Crown for drainage purposes; or
an electricity entity for electricity supply purposes, pursuant to section 223LG and includes an easement pursuant to a corresponding previous enactment;
State
Planning Commission means the State Planning Commission established under the Planning,
Development and Infrastructure Act 2016;
statutory encumbrance means—
an
Aboriginal heritage agreement entered into under the Aboriginal
Heritage Act 1988;
an agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts
Interpretation Act 1915;
an agreement under Part 14 of the Planning,
Development and Infrastructure Act 2016 (including an agreement under Part 5 of the Development
Act 1993 that is taken to be an agreement under that Part of the Planning,
Development and Infrastructure Act 2016);
any agreement or proclamation registered or noted on the title to land immediately before the commencement of the Development
Act 1993 that is continued in force by virtue of the provisions of the
Statutes
Repeal and Amendment (Development) Act 1993;
a heritage agreement entered into under the Heritage
Places Act 1993;
a heritage agreement entered into under the Native
Vegetation Act 1991;
an access agreement entered into under the Recreational
Greenways Act 2000;
a management agreement entered into under the River
Murray Act 2003;
a management agreement entered into under the Upper
South East Dryland Salinity and Flood Management Act 2002;
any other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition;
thoroughfare includes a walkway;
water industry entity means an entity involved in the water industry within the meaning of the Water
Industry Act 2012.
In paragraph (e) of the definition of allotment in subsection (1)—
plan of division means a plan of division (whether described as such, or as a plan of
subdivision or resubdivision)—
that was, before 1 January 1900, deposited or filed in the Lands Titles
Registration Office or deposited or enrolled in the General Registry
Office; or
approved pursuant to the Planning and Development Act 1966 or a previous enactment and deposited, or accepted for filing, in the
Lands Titles Registration Office or deposited or enrolled in the
General Registry Office; or
that was deposited by the Registrar-General in the Lands Titles
Registration Office in pursuance of Part
19AB on or after 4 November 1982, and that has not been superseded by a subsequent plan of division or been cancelled by or under this Act.
For the purposes of this Part, allotments (including part allotments) will be taken to be contiguous if they abut one another at any point or if they are separated only by—
a street, road, railway, thoroughfare or travelling stock route; or
a reserve or other similar open space dedicated for public purposes.
For the purposes of subsection (3) allotments (including part allotments) will be taken to be separated by intervening land if a line projected at right angles from any point on the boundary of one of the allotments or part allotments with the intervening land would intersect a boundary of the other allotment or part allotment with the intervening land.
Where a statutorily authorised division of land was made before the commencement of this Part, or is made in pursuance of this Part, that
division will be taken to have superseded any former division insofar as it affected the same land (whether or not the former division was itself statutorily authorised) and hence any allotments that may have existed by virtue of any such former division of the land will, to the extent to which it has been superseded, cease to exist.
For the purposes of subsection (5) a division of land is statutorily authorised if effected in pursuance of this Part, or any previous enactment providing for the division of land.
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