No certificate of title for subdivided land without approved diagram or plan of survey
146 No certificate of title for subdivided land without approved diagram or plan of survey
The Registrar of Titles is not to create or register a certificate of title under the Transfer of Land Act 1893 for land the subject of a plan of subdivision unless a diagram or plan of survey of the subdivision of that land has been endorsed with the approval of the Commission and —
in the case of a diagram or plan of survey endorsed with the approval of the Commission before the coming into operation of this section, the title application was lodged with the Registrar of Titles before, or is lodged with the Registrar of Titles within 5 years after, the coming into operation of this section; and
in the case of a diagram or plan of survey endorsed with the approval of the Commission on or after the coming into operation of this section, the diagram or plan of survey has been endorsed with the approval of the Commission within the 24 months preceding the lodging of a title application with the Registrar of Titles; and
any conditions as to the registration or recording or continued registration or recording of an encumbrance or other document on or before the creation or registration of a certificate of title that are noted on the diagram or plan of survey have been complied with, or will be complied with at the time the certificate of title is created or registered; and
in the case of a diagram or plan of survey endorsed with the approval of the Commission under section 145B(3), the existing strata titles scheme has terminated.
Note for this subsection:
For the purposes of paragraph (d), see the Strata Titles Act 1985 section 195(1) for when a strata titles scheme is terminated.
In subsection (1)(a) and (b) —
title application, in relation to a diagram or plan of survey, means an application for new titles to be created and registered for land the subject of the diagram or plan of survey.
A plan containing one lot only is deemed a diagram or plan of survey of a subdivision provided that it is a portion of land comprised in —
a certificate of title; or
a registered conveyance; or
a Crown grant; or
a lot on a plan deposited with the Authority.
[Section 146 amended: No. 60 of 2006 s. 147(3); No. 34 of 2023 s. 34.]
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