Subdivision (Procedures) Regulations 2000
i
Subdivision (Procedures) Regulations 2000
S.R. No. 101/2000
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provisions 2
3. Revocation 2
4. Definitions 2
5. Form and layout of plans 2
PART 2—FORM AND CONTENT OF PLANS 4
6. Use of Office of Titles Plan Numbers 4
7. Numbering and signing of plans 4
8. Meaning of abbreviations on plans 5
9. Information which must be on plans for the Office of Titles 6
10. Use of cross sections and plans of elevation 6
11. Use of buildings to define boundaries 6
12. Method of showing boundaries on a plan 7
13. Plans for acquisition of land 8
14. Removal or variation of easements 8
15. Creation, removal or variation of restrictions 8
16. Information to be on plans involving bodies corporate—
Section 27(3) 8
17. Staged subdivision—Section 37 9
18. Information to be on master plans—Section 37 9
19. Information to be on plans for subsequent stages—Section 37 10
20. Special information for Councils and referral authorities 10
21. Special information for Office of Titles 10
PART 3—CERTIFICATION PROCEDURES 12
22. Application for certification 12
23. Time for Council to send plan to referral authority—Section 8(1) 12
24. Form of referral—Section 8(1) 12
25. Time in which Council may require alterations to plan—
Section 10(1) 12
26. Time for referral authority to reply—Section 9(1) 13
27. Form for requiring specified alterations—Section 9(1) 13
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28. Form for refusal of consent by referral authority 13
29. Form for advising that altered plan received and times
recommenced 13
30. Time for Council to certify plan—Section 6(1) 13
31. Form of certification without statement of compliance 14
32. Form of certification with statement of compliance without
requirements 14
33. Form of certification for acquisition plans 14
34. Time for giving reasons for refusal to certify—Section 6(2) 15
35. Time to make a statement under section 36 15
36. Council to supply street numbers and lot location information 15
PART 4—APPLICATIONS TO THE REGISTRAR 16
37. Time for Registrar to consider boundary plans—Section 26(2) 16
38. Application for registration of subdivisions, consolidations,
easements and restrictions 16
39. Applications to register alterations on a body corporate plan 17
40. Advice and application concerning vesting dates 17
41. Other applications 17
42. Advice concerning amendments to plan 18
43. Advising of vesting dates 18
PART 5—AMENDING CERTIFIED PLANS PRIOR TO
REGISTRATION 19
44. Application to amend certified plan 19
45. Time for Council to send amended plan to referral authority—
Section 11(2) 19
46. Form of referral of application for amendment—Section 11(2) 19
47. Time for referral authority to reply—Sections 11(3) and 11(4) 19
48. Form for requiring specified alterations—Section 11(3) 19
49. Form for refusal of consent to amend plan by referral
authorities 20
50. Time for Council to certify or recertify amended plans—
Section 11(7) 20
51. Form of re-certifying amended plans or certifying replacement
plans 20
PART 6—WORKS AND OTHER REQUIREMENTS 22
52. Time to make decision on engineering plans—Section 15(2) 22
53. Notation when public open space requirement made—
Section 18 22
54. Advice that land marked out or defined 22
55. Form of statement of compliance—Section 21 22
56. Registrar records statement of compliance 23
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PART 7—MISCELLANEOUS 24
57. Name of body corporate 24
58. Council to keep records 24
59. Concurrent processing of planning and subdivision
applications 25
60. Time limit to nominate an authority—Section 17(2A) 26
61. General form of refusal 26
PART 8—TRANSITIONAL PROVISIONS 27
62. Transitional 27
63. Making of applications etc. 27
__________________
SCHEDULE 28
FORMS 28
Form 1—Application for certification 28
Form 2—Requirement for alterations to plan 30
Form 3—Refusal of consent by referral authority 31
Form 4—Recommencement of referral time 32
Form 5—*Certification by council 33
Form 6—*Certification and statement of compliance 34
Form 7—*Certification of acquisition plans 35
Form 8—Allocation of street numbers and lot location information 36
Form 9—Application to register a plan related to acquistition by an
acquiring authority 37
Form 10—Application to register a plan of *subdivision *consolidation
not related to acquisition by an acquiring authority 38
Form 11—Application for the service of a notice by the registrar 39
Form 12—Application to register a plan of creation removal or variation
of an easement or a plan of variation or removal of a condition
in the nature of an easement in a crown grant not done as part
of a plan of subdivision or plan of consolidation 40
Form 13—Application to register a plan of creation removal or variation
of a restriction not done as part of a plan of subdivision or plan
of consolidation 42
Form 14—Application to register a plan to *vest land in a council
*remove a reservation from land *remove any restrictions on
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the use of land vested under section 18 of the Cluster Titles
Act 1974 43
Form 15—Application to register a plan to create a body corporate 44
Form 16—Application to register a plan resulting from alterations of a
subdivision containing a body corporate under section 32 45
Form 17—Advice to the registrar and application to the registrar for the
registrar to record the vesting date of land acquired
compulsorily 46
Form 18—Application to council to amend certified plan 47
Form 19—Notice of requirement of alterations to plan 49
Form 20—*Re-certifying existing plan 50
Form 21—*Certifying a new version of an existing plan 51
Form 22—*Certifying a new version of an existing plan with statement
of compliance 52
Form 23—Advice by Licensed surveyor 54
Form 24—Statement of compliance for stage no. # of a staged plan 56
Form 25—Statement of compliance 58
Form 26—Refusal 59
═══════════════
ENDNOTES 62
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1
STATUTORY RULES 2000
S.R. No. 101/2000
Subdivision Act 1988
Subdivision (Procedures) Regulations 2000
The Governor in Council makes the following Regulations:
Dated: 10 October 2000
Responsible Minister:
JOHN THWAITES
Minister for Planning
HELEN DOYE
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to
prescribe—
(a) times for doing things required to be done by
the Subdivision Act 1988 or these
Regulations; and
(b) forms for the purposes of that Act and these
Regulations; and
(c) procedures to obtain certification and
registration of plans under that Act; and
(d) information to be included in any plans,
statements and other documents prepared or
given for the purposes of that Act; and
(e) other matters necessary to carry out that Act.
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2. Authorising provisions
These Regulations are made under section 43 of
the Subdivision Act 1988.
3. Revocation
The following regulations are revoked—
(a) the Subdivision (Procedures) Regulations
19891 ;
(b) the Subdivision (Procedures) (Amendment)
Regulations 1989 2 ;
(c) the Subdivision (Procedures) (Miscellaneous
Amendments) Regulations 1996 3 .
4. Definitions
In these Regulations—
"Act" means the Subdivision Act 1988;
"form" means a form in the Schedule;
"general plan" means any plan other than a
procedural plan;
"procedural plan" means—
(a) any plan which does not require a
planning permit; or
(b) any plan which requires a planning
permit but is exempt from the referral
requirements of the planning scheme—
but does not include a plan referred to in
section 8(1)(b);
"public open space requirement" means a
requirement under section 18 to set aside
public open space, pay money or do both;
"section" means a section of the Subdivision Act
1988.
5. Form and layout of plans
r. 2 r. 5
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In addition to the matters required by these
Regulations, a plan to which the Act applies must
be in the form and contain the information
required by the Registrar.
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PART 2—FORM AND CONTENT OF PLANS
6. Use of Office of Titles Plan Numbers
(1) A plan under section 32B and all plans of
subdivision or plans of consolidation (and related
forms) must bear the plan number made available
by the Registrar when submitted to a Council for
certification, a referral authority for consent or
lodged with the Registrar, except for a plan of
subdivision or consolidation under section 32.
(2) When requested and on payment of the prescribed
fee the Registrar must make a plan number
available for use on a plan under section 32B or a
plan of subdivision or plan of consolidation 4 .
(3) A plan number made available by the Registrar
must be used for one plan only except for a staged
subdivision. All plans that are part of a staged
subdivision must bear the same plan number.
7. Numbering and signing of plans
(1) A plan submitted for certification and intended for
lodging at the Office of Titles may comprise one
or more sheets.
(2) Each sheet must be consecutively numbered as
part of a series (eg. Sheet 1 of 3 Sheets).
(3) Each sheet must contain the plan number made
available by the Registrar.
(4) Each sheet of a plan must be signed and dated
by—
(a) a licensed surveyor if the plan—
(i) is prepared by the licensed surveyor; or
(ii) is based on survey; or
(iii) is a plan of subdivision; or
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(b) the applicant, if paragraph (a) does not
apply.
(5) By signing a plan a licensed surveyor certifies that
the plan and any related survey is accurate and
was undertaken by herself or himself or under his
or her supervision.
(6) A plan must contain a version number when the
plan has been amended or altered since the plan
number made available by the Registrar was first
used.
8. Meaning of abbreviations on plans
(1) In a plan—
"AMG" means Australian Map Grid;
"A (no.)" when accompanying a number, means
appurtenant easement number;
"E (no.)" when accompanying a number, means
encumbering easement number, a condition
in the nature of an easement in a Crown
grant or any other encumbrance;
"R (no.)" when accompanying a number, means
land not being a lot which is part of a road;
"S (no.)" when accompanying a number, means
Stage number;
"POS" means Public Open Space.
(2) The Registrar may publish, from time to time, a
list of meanings of abbreviations, being meanings
which are to be used to interpret those
abbreviations when the abbreviations are used on
plans.
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9. Information which must be on plans for the Office of
Titles
A plan must include—
(a) the certification or re-certification of the plan
by the Council in the form required by these
Regulations; and
(b) Australian Map Grid co-ordinates of the
approximate central point of the land in any
plan prepared by a licensed surveyor.
10. Use of cross sections and plans of elevation
(1) When lots, roads, reserves or common property
are located above or below each other or above or
below lots, roads, reserves or common property
not in the plan then a cross section, plan of
elevation or diagram must be shown on the plan.
(2) The information in sub-regulation (1) need not
include dimensions and may be only
approximately to scale.
11. Use of buildings to define boundaries
(1) Boundaries may be shown on the plan by
reference to a building.
(2) Where a boundary on a plan is defined by
reference to a building or part of a building, the
plan must specify whether the boundary is—
(a) the interior face of the walls, ceilings and
floors of the relevant part of the building; or
(b) the exterior face of the relevant part of the
building; or
(c) in some other location.
(3) If a plan adopts any part of a building as a
boundary and there is a discrepancy between any
dimensions shown and the location of that part of
the building, the boundary is that part of the
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building. This does not apply to the external
boundaries of the subdivision.
12. Method of showing boundaries on a plan
(1) Subject to sub-regulation (3) a boundary must be
shown by a continuous line.
(2) A continuous line must not be used to show a
building which does not constitute a boundary.
(3) A broken line must be used where a boundary is a
projection of a boundary defined by reference to a
building shown on a cross-section.
(4) Where the whole or part of a boundary is defined
by a wall or other part of a building, a hatched line
must be used.
(5) Hatching need not be used if the plan specifies
which boundaries or parts of boundaries are
defined by a wall or other parts of a building.
(6) Hatching need not be used if a notation on the
plan indicates that all the boundaries of a lot or a
separate part of a lot are defined by walls or other
parts of a building.
(7) Except in the case of a boundary defined by
reference to a natural feature, a boundary defined
in an earlier registered plan by reference to a
building or a boundary defined by reference to a
projection in a cross section, dimensions must be
shown for—
(a) all the boundaries of the land the subject of
the plan; and
(b) each other boundary or part of another
boundary not defined by a wall or part of a
building.
(8) Despite sub-regulation (7) the Registrar may
accept a plan as suitable for registration where
dimensions are not shown for all of the boundaries
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of the land the subject of the plan if the Registrar
considers that—
(a) a survey indicates that any of the dimensions
of the relevant title boundaries may be
inaccurate; or
(b) the dimensions of any of the boundaries are
not shown on the relevant folio of the
register.
13. Plans for acquisition of land
A plan of subdivision to facilitate the acquisition
of land must indicate the land acquired or to be
acquired5 .
14. Removal or variation of easements
A plan of subdivision or plan of consolidation
which also varies or removes an easement must
refer to the grounds for the removal or variation
and include a statement indicating every easement
which is to be removed or varied and clearly show
on the plan the effect of the removal or variation
of the easement.
15. Creation, removal or variation of restrictions
A plan of creation of restriction, plan of removal
of restriction or plan of variation of restriction
must—
(a) indicate the restriction proposed to be
created, removed or varied; and
(b) describe the restriction by the use of a
number or other notation.
16. Information to be on plans involving bodies
corporate—Section 27(3)
The prescribed information under section 27(3)
is—
r. 13 r. 16
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(a) the postal address of the land; and
(b) the postal address for the service of notices
of each body corporate to be created; and
(c) a schedule of lot entitlements and liabilities;
and
(d) a description of the land affected by the body
corporate; and
(e) whether any body corporate is a limited body
corporate and details of the limitations; and
(f) a statement of whether standard or special
rules apply6 ; and
(g) a statement, where appropriate, that the
limited body corporate exists following a
merger of bodies corporate and is the
successor of an unlimited body corporate as
referred to in section 32(2E)(b)(iv).
17. Staged subdivision—Section 37
A plan must indicate whether it is or is not a
staged subdivision.
18. Information to be on master plans—Section 37
The prescribed information under section 37(3)(b)
is—
(a) the lots and any roads, reserves, common
property, easements and restrictions in the
first stage; and
(b) all residual land with the lot number or stage
number, as appropriate; and
(c) any permit or planning scheme provision
which will regulate the development of
future stages; and
(d) an endorsement as required by regulation 53
(if the public open space requirement will be
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satisfied on stage 1) or an endorsement that
the public open space requirement will be
met on a later stage.
19. Information to be on plans for subsequent stages—
Section 37
A plan submitted for the second or any subsequent
stage must—
(a) be numbered with the master plan number
made available by the Registrar; and
(b) show the lots and any roads, reserves,
common property, easements and restrictions
in that stage and which land (if any) is the
residual land; and
(c) show any residual land with the lot number
or stage number, as appropriate; and
(d) show the lots for the second or subsequent
stages using different lot numbers from those
contained in previous stages.
20. Special information for Councils and referral
authorities
(1) A plan may be supported by additional documents
or copies of documents containing additional
information (such as levels) required by the
Council or a referral authority but which are not
part of the plan and are not to be lodged at the
Office of Titles.
(2) These additional documents must not be
numbered as sheets of the plan but must include
the plan number made available by the Registrar.
21. Special information for Office of Titles
(1) Abstracts of field records, surveyors reports,
transparencies of plans, or other supporting
documents required by the Registrar need not be
submitted to the Council for certification but must
r. 19 r. 21
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be submitted to the Registrar when the plan is
lodged.
(2) These additional documents are not part of the
plan and must not be numbered as sheets of the
plan but must include the plan number made
available by the Registrar.
(3) The following documents must be lodged with the
plan—
(a) any document proving the creation, variation
or removal of any interest in the land on
which the plan depends or which the plan
brings about; and
(b) any other document specified by the
Registrar.
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PART 3—CERTIFICATION PROCEDURES
22. Application for certification
For the purposes of section 5(3)(c) the prescribed
form for the application is the form in Form 1.
23. Time for Council to send plan to referral authority—
Section 8(1)
Subject to regulation 59, the prescribed time under
section 8(1) is 7 days from the date on which the
plan is received by the Council 7 .
24. Form of referral—Section 8(1)
If a Council refers a plan under section 8(1), the
Council must—
(a) attach a copy of the application form to the
plan and must indicate on the form—
(i) the date on which the plan was received
by the Council; and
(ii) the name of any authority to whom the
plan has been referred; and
(b) forward a copy of the application form to the
applicant with the information required
under sub-paragraphs (i) and (ii) set out in it.
25. Time in which Council may require alterations to
plan—Section 10(1)
The prescribed time under section 10(1) is—
(a) for procedural plans, 7 days from the receipt
of the plan by the Council; or
(b) for general plans that do not have to be
referred, 14 days from the receipt of the plan
by the Council; or
(c) for plans that are referred, 7 days from the
date the referral authority notifies the
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Council under section 9(1) or 42 days from
the date the Council received the application
whichever is the earlier day.
26. Time for referral authority to reply—Section 9(1)
Subject to regulation 59, the prescribed time under
section 9(1) and (3) is 35 days from the date the
plan was received by the Council.
27. Form for requiring specified alterations—Section
9(1)
The prescribed form for a requirement for
specified alterations under section 9(1) is the form
in Form 2.
28. Form for refusal of consent by referral authority
The prescribed form for a refusal under section
9(1) is the form in Form 3.
29. Form for advising that altered plan received and times
recommenced
(1) When a Council sends an altered plan to a referral
authority under section 10(5) after it has referred a
plan under section 8(1), it must also send a notice
setting out the revised times for consideration of
the plan. The prescribed form for the notice is the
form in Form 4.
(2) The Council must send the applicant a copy of the
notice sent under sub-regulation (1) at the same
time that the altered plan is sent to any referral
authority.
30. Time for Council to certify plan—Section 6(1)
r. 26 r. 30
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Subject to regulation 59, the prescribed time under
section 6(1) is—
(a) for general plans referred to a referral
authority, 49 days from the date on which
the plan was received by the Council; or
(b) for general plans if no referral is necessary,
21 days from the receipt of the plan by the
Council; or
(c) for procedural plans, 14 days from the
receipt of the plan by the Council.
31. Form of certification without statement of compliance
The prescribed form for the certification under
section 6(1) of a plan when the Council is not
satisfied that section 21(1)(b)(i) or (ii) has been
complied with is the form in Form 5. This does
not apply to plans referred to in regulation 33.
32. Form of certification with statement of compliance
without requirements
The prescribed form for the certification under
section 6(1) of a plan concurrently with the issue
of a statement of compliance under section 21 is
the form in Form 6. This does not apply to plans
referred to in regulation 33.
33. Form of certification for acquisition plans
The prescribed form for the certification of a plan
submitted by an acquiring authority under
section 35 is—
(a) the form in items A, B and D of Form 7
when no additional lots are created8 ; or
(b) the form in items C and D of Form 7 when
additional lots are created and a statement of
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compliance is not being issued concurrently
with the certification of the plan; or
(c) the form in items C, D and G of Form 7
when additional lots are created and the plan
is to be certified concurrently with the issue
of a statement of compliance.
34. Time for giving reasons for refusal to certify—
Section 6(2)
The prescribed time under section 6(2) is 49 days
from the date the plan was received by the
Council.
35. Time to make a statement under section 36
The prescribed time under section 40(1A) is
49 days from the date a written request is received
by the Council or a referral authority.
36. Council to supply street numbers and lot location
information
Within one month of certification of a plan, the
Council must give to the Registrar information in
the form of Form 8 about street numbers and lot
location of each lot on the plan.
_______________
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PART 4—APPLICATIONS TO THE REGISTRAR
37. Time for Registrar to consider boundary plans—
Section 26(2)
The prescribed time under section 26(2) is 45 days
from the date on which the boundary plan is
lodged with the Registrar.
38. Application for registration of subdivisions,
consolidations, easements and restrictions
(1) The prescribed form for an application to the
Registrar for the registration of a certified plan of
consolidation or certified plan of subdivision is
the form in—
(a) Form 9 when made by an acquiring
authority; or
(b) Form 10 in all other cases except for a plan
referred to in regulation 39 9 .
(2) An application under section 22(1B) for the
Registrar to serve a notice under section 22(1C)
must be in the form of Form 11.
(3) The prescribed form for an application to the
Registrar for the registration of a certified plan of
creation, removal or variation of an easement or
restriction lodged under section 23 is the form in
Form 12.
(4) The prescribed form for an application to the
Registrar for the removal of an easement under
section 36 which is not part of a plan of
subdivision or plan of consolidation is the form in
Form 12.
(5) The prescribed form for an application to the
Registrar for the registration of a certified plan of
removal or variation of a condition in the nature
of an easement in a Crown Grant lodged under
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section 23 which is not part of a plan of
subdivision or plan of consolidation is the form of
Form 12.
(6) The prescribed form for an application to the
Registrar under section 22 for the registration of a
certified plan of creation removal or variation of a
restriction under section 23 which is not part of a
plan of subdivision or plan of consolidation, is the
form of Form 13.
(7) If a plan relates to the removal or variation of an
easement by consent copies of each consent which
supported the application for certification must
accompany the application for registration of the
plan.
(8) The prescribed form for an application to the
Registrar for the registration of a certified plan to
vest land in a Council or remove a reservation or
remove a restriction on the use of land vested
under section 18 of the Cluster Titles Act 1974
lodged under section 24A is in the form of
Form 14.
(9) The prescribed form for an application to the
Registrar for the registration of a certified plan to
create a body corporate under section 32B is in
the form of Form 15.
39. Applications to register alterations on a body
corporate plan
The prescribed form for an application to the
Registrar to register a plan lodged under section
32(2) is the form in Form 16.
40. Advice and application concerning vesting dates
The prescribed form of advice to the Registrar and
application to the Registrar to record a vesting
date under section 35(6) is the form of Form 17.
41. Other applications
r. 39 r. 41
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Where no form of application is prescribed by
these Regulations, the applicant must in the
application state the applicant's name and address
and also—
(a) state what is required to be done and the
relevant section of the Act; and
(b) describe the relevant land by reference to the
folio of the Register or by any other
description which is sufficient to satisfy the
Registrar.
42. Advice concerning amendments to plan
(1) The Registrar must advise the Council as soon as
possible of any amendments that are made under
section 22(2)(a) to any certified plan.
(2) A plan submitted under section 32 must refer to
the number of the plan it is intended to amend.
43. Advising of vesting dates
When advising the Registrar of a vesting date
under section 35 the person giving the advice
must produce a copy of the relevant part of the
Government Gazette in which any relevant notice
of acquisition is published.
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PART 5—AMENDING CERTIFIED PLANS PRIOR TO
REGISTRATION
44. Application to amend certified plan
The prescribed form for an application to amend a
certified plan under section 11(1) is the form in
Form 18.
45. Time for Council to send amended plan to referral
authority—Section 11(2)
The prescribed time under section 11(2) is 7 days
from the date on which the amended plan is
received by the Council.
46. Form of referral of application for amendment—
Section 11(2)
(1) An application for amendment referred by a
Council under section 11(2) must be accompanied
by a copy of Form 18 indicating the date the
application was received by the Council and the
name of the authorities to which the application is
referred.
(2) A copy of Form 18 including the information in
sub-regulation (1) must be forwarded by the
Council to the applicant at the same time as the
plan is sent to the referral authority.
47. Time for referral authority to reply—Sections 11(3)
and 11(4)
The prescribed time under section 11(3) and (4) is
21 days from the date on which the application
was received by the Council.
48. Form for requiring specified alterations —Section
11(3)
The prescribed form for a requirement under
section 11(3) is the form in Form 19.
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49. Form for refusal of consent to amend plan by referral
authorities
The prescribed form for a refusal under section
11(3) is the form in Form 3.
50. Time for Council to certify or recertify amended
plans—Section 11(7)
The prescribed time under section 11(7) is—
(a) for general plans referred to a referral
authority, 28 days from the date on which
the application was received by the Council;
or
(b) for general plans if no referral is made,
14 days from the date on which the
application was received by the Council; or
(c) for procedural plans, 7 days from the date on
which the application was received by the
Council.
51. Form of re-certifying amended plans or certifying
replacement plans
(1) The prescribed form for the re-certification under
section 11(7) of an amended plan, is the form in
Form 20.
(2) The prescribed form for the certification under
section 11(7) of a new plan which is subject to
requirements under section 15, is the form in
Form 21. This does not apply to plans referred to
in sub-regulation (3) or (5).
(3) The prescribed form for the certification under
section 11(7) of a new plan submitted under
section 35 which creates additional lots and is
subject to requirements under section 15, is the
form in items C, E and F of Form 7. This does not
apply to plans referred to in sub-regulation (6).
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(4) The prescribed form for the certification under
section 11(7) of a new plan submitted under
section 35 which does not create additional lots
and is exempt from Part 3 of the Act is the form in
items A, B, E and F of Form 7.
(5) The prescribed form for the certification under
section 11(7) of a new plan concurrently with the
issue of a statement of compliance under
section 21, is the form in Form 22. This does not
apply to plans referred to in sub-regulation (6).
(6) The prescribed form for the certification under
section 11(7) of a new plan submitted under
section 35 which creates additional lots and which
is to be certified concurrently with the issue of a
statement of compliance is the form in items C, E,
F and G of Form 7.
_______________
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PART 6—WORKS AND OTHER REQUIREMENTS
52. Time to make decision on engineering plans—
Section 15(2)
The prescribed time under section 15(2) is 30 days
from the date on which the engineering plan is
received by the Council or the referral authority.
53. Notation when public open space requirement
made—Section 18
When a public open space requirement has been
made in accordance with section 18 the Council
must endorse on the plan whether the requirement
is to be satisfied on the plan or on a later stage.
54. Advice that land marked out or defined
The prescribed form for written advice by a
licensed surveyor under sections 20A(1) or
20A(2) is the form in Form 23.
55. Form of statement of compliance—Section 21
The prescribed form for a statement of compliance
under section 21 is—
(a) the form in Form 6 if the statement is issued
concurrently with the certification under
section 6 of the plan, except for plans
referred to in paragraph (b); or
(b) the form in items C, D and G of Form 7 if
the statement is issued concurrently with the
certification under section 6 of a plan
submitted under section 35 which creates
additional lots; or
(c) the form in Form 22 if the statement is issued
concurrently with the certification of a new
plan under section 11(7), except for plans
referred to in paragraph (d); or
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(d) the form in items C, E, F and G of Form 7 if
the statement is issued concurrently with the
certification under section 11(7) of a new
plan submitted under section 35 which
creates additional lots; or
(e) the form of Form 24 for a staged subdivision
for all stages including the master plan; or
(f) in all other cases, the form in Form 25.
56. Registrar records statement of compliance
The Registrar must record the receipt of a
statement of compliance if the statement is in the
form of Form 24 or Form 25.
_______________
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PART 7—MISCELLANEOUS
57. Name of body corporate
(1) The name of a body corporate when only one
body corporate is created on a plan must be "Body
Corporate 1—Plan No. (insert the plan number
made available by the Registrar.)"
(2) The name of a body corporate when more than
one body corporate is created on a plan must be
"Body Corporate—(insert 1, 2, 3 etc. to identify
different bodies corporate on the same plan) Plan
No. (insert the plan number made available by
the Registrar.)"
(3) The name of a body corporate created on the
merger of bodies corporate must be Body
Corporate—(insert 1, 2, 3 etc. to identify that it is
a new body corporate) Plan No. (insert a plan
number made available by the Registrar to one of
the prior bodies corporate).
58. Council to keep records
(1) The Council must maintain a register of
applications to it under the Act.
(2) The register may be kept in conjunction with the
register of permit applications required to be kept
under section 49(1) of the Planning and
Environment Act 1987.
(3) The register must include the following—
(a) the date an application is received;
(b) the plan number made available by the
Registrar;
(c) the name of each referral authority to which
the application is referred;
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(d) whether the application is exempt from
referral and the reason;
(e) whether an open space requirement has been
made and its nature;
(f) whether the application is exempt from an
open space requirement and the reason (eg.
requirement made previously (date));
(g) the date of any certification or refusal;
(h) the date of any re-certification or refusal;
(i) the date a statement of compliance is issued;
(j) details of any appeals;
(k) the date an advice under section 20A is
received and its contents.
(4) The Council must make the register available
during office hours for any person to inspect free
of charge.
59. Concurrent processing of planning and subdivision
applications
(1) This regulation applies when a person makes an
application for a permit at the same time as
applying to have a plan certified or applies for a
permit at the same time as applying to certify or
recertify a plan.
(2) For cases to which this regulation applies, the
following times are prescribed—
(a) sections 8(1) and 11(2)—the time at which
the application for the permit is referred
under section 55(1) of the Planning and
Environment Act 1987;
(b) sections 9(1) and 9(3) and 11(3)—the period
or periods prescribed under section 59(2)(a)
of the Planning and Environment Act 1987
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or, if the Minister extends a period under
section 56, the extended period;
(c) sections 6(1) and (2) and 11(7)—the time at
which the responsible authority makes its
decision in accordance with section 59 of the
Planning and Environment Act 1987.
60. Time limit to nominate an authority—Section 17(2A)
The prescribed time under section 17(2A) is
21 days from the date the request is received by
the Minister.
61. General form of refusal
The prescribed form for a refusal—
(a) to certify a plan under section 6(2); or
(b) to certify or recertify a plan under section
11(7)(b); or
(c) to approve an engineering plan under section
15(2); or
(d) to issue a statement of compliance under
section 21(1)—
is the form in Form 26.
_______________
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PART 8—TRANSITIONAL PROVISIONS
62. Transitional
An application for certification or registration of a
subdivision that was made under the Subdivision
(Procedures) Regulations 1989 as in force
immediately before the commencement of these
Regulations is deemed to be an application under
these Regulations.
63. Making of applications etc.
(1) An application, certification or notification under
the Subdivision Act 1988 made before the
expiration of 6 months after the commencement of
these Regulations in accordance with the
Subdivision (Procedures) Regulations 1989 as in
force immediately before the commencement of
these Regulations, is deemed to be sufficient
compliance with these Regulations.
(2) A statement of compliance issued under the
Subdivision (Procedures) Regulations 1989 as in
force immediately before the commencement of
these Regulations is deemed to be a statement of
compliance in the prescribed form.
__________________
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SCHEDULE
FORMS
FORM 1
Reg. 22 Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION FOR CERTIFICATION
PART A. All Applicants complete this Section
Plan No.
To: (insert name and address of Council)
I/We
of
Telephone
apply to have the attached
* PLAN OF SUBDIVISION
* PLAN OF CONSOLIDATION
* PLAN OF CREATION/REMOVAL/VARIATION OF
EASEMENT/ RESTRICTION
certified under the Subdivision Act 1988
and to have advice of street numbers allocated
1. Situation of land
2. Name and address of registered proprietor of land or owner
3. Name and address of applicant
Signed Signed
(owner or applicant) (owners consent section 5(5) of
the Subdivision Act 1988)
Form 1
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PART B. Only applicants having "old law" land complete this Section. (not
required by acquiring authorities—See section 35(6)(g).)
I certify that steps have been taken to bring this land under the Transfer of
Land Act 1958.
Signed.
PART C. ONLY ACQUIRING AUTHORITIES COMPLETE THIS
SECTION THIS APPLICATION RELATES TO THE ACQUISITION OF
LAND BY PART D. TO BE COMPLETED BY COUNCIL ON COPY
APPLICATION
Date received by Council Fee Paid $
Authority Referred to: Date Referred: Response Received:
This application is referred under section 8(1) of the Subdivision Act 1988.
Note: The following should be attached to this application:
(a) A COPY OF ANY PLANNING PERMIT APPLICABLE TO THE
LAND OR AN APPLICATION FOR A PLANNING PERMIT IF
MADE CONCURRENTLY
(b) AN EXTRACT OF THE PLANNING SCHEME INDICATING
ANY CONDITIONS OR EXEMPTIONS WHICH MAY SUPPORT
YOUR APPLICATION
(c) EVIDENCE OF REFERRAL AUTHORITIES’ CONSENT WITHIN
THE PREVIOUS 3 MONTHS (See section 8 of the Subdivision
Act 1988)
_______________
Form 1
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FORM 2
Reg. 27 Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
REQUIREMENT FOR ALTERATIONS TO PLAN
To: (insert name of Council)
and
To: (insert name of Applicant)
* Plan of Subdivision (insert plan number made available by the Registrar)
* Plan of Consolidation (insert plan number made available by the Registrar)
* (other) plan (insert plan number made available by the Registrar, if
available)
The (insert name of referral authority) requires the following specified
alterations to the above plan under section 9(1) of the Subdivision Act 1988
(insert details)
Reasons:
(insert reasons for purpose of section 9(2))
*(Signed for the referral authority) *(Sealed by the referral authority) (date)
* Delete if inapplicable
Note: Suspension of time:
Under section 9(4) of the Subdivision Act 1988 the time for
consideration of the plan is suspended as from the date of this notice
and will resume when the altered plan is submitted to the Council.
_______________
Form 2
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FORM 3
Regs 28 and 49 Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
REFUSAL OF CONSENT BY REFERRAL AUTHORITY
To: (insert name of Council)
and
To: (insert name of Applicant)
* Plan of Subdivision (insert plan number made available by the Registrar)
* Plan of Consolidation (insert plan number made available by the Registrar)
* (other) plan (insert plan number made available by the Registrar, if
available)
The (insert name of referral authority) refuses to consent to the above plan
under section *9(1) *11(3) of the Subdivision Act 1988
(insert details)
Reasons:
(insert reasons for purpose of section 9(2) or 11(3) as appropriate)
* (Signed for the referral authority)
* (Sealed by the referral authority) (date)
* Delete if inapplicable
_______________
Form 3
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FORM 4
Reg. 29 Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
RECOMMENCEMENT OF REFERRAL TIME
* To: (insert name of Referral Authority)
* Plan of Subdivision (insert plan number made available by the Registrar)
* Plan of Consolidation (insert plan number made available by the Registrar)
* (other) plan
On the (insert date altered plan received) the (insert name of Council)
received the altered plan requested by (insert name of referral authority) on
(insert date application was suspended)
Revised Closing Date
The revised date on which the Council may make a decision is (insert date)
* (Council delegate)
(Council seal)
(date)
* Delete if inapplicable
Note: A copy of this form must also be forwarded to the applicant.
_______________
Form 4
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FORM 5
Reg. 31 Subdivision (Procedures) Regulations 2000
*CERTIFICATION BY COUNCIL
This plan is certified under section 6 of the Subdivision Act 1988.
* (Council delegate)
* (Council seal)
(Date of certification)
* Delete if inapplicable
Note: This form is for use on a plan where the Council is not yet satisfied
that section 21(1)(b)(i) or (ii) of the Subdivision Act 1988 has been
complied with.
_______________
Form 5
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FORM 6
Regs 32 and 55(a) Subdivision (Procedures) Regulations 2000
*CERTIFICATION AND STATEMENT OF COMPLIANCE
1. This plan is certified under section 6 of the Subdivision Act 1988.
2. This is a Statement of Compliance issued under section 21 of the
Subdivision Act 1988.
* (Council delegate)
* (Council seal)
(Date)
* Delete if inapplicable
Note: This form will be used on subdivisions where no works requirement
has been served as well as on Plans of Consolidation, Plans of
Creation/Removal/Variation of Easements/Restrictions.
_______________
Form 6
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FORM 7
Regs 33, 51(3), 51(4), 51(6), 55(b), 55(d) Subdivision (Procedures)
Regulation 2000
*CERTIFICATION OF ACQUISITION PLANS
*A * This is a plan under section 35 of the Subdivision Act 1988 which
does not create any additional lots.
*B * This plan is exempt from Part 3 of the Subdivision Act 1988.
*C * This is a plan under section 35 of the Subdivision Act 1988 which
creates (an) *additional lot (s).*
*D * It is certified under section 6 of the Subdivision Act 1988.
*E * It is certified under section 11(7) of the Subdivision Act 1988.
*F * Date of original certification under section 6 / / .
*G * This is a Statement of Compliance under section 21 of the Subdivision
Act 1988.
* (Council delegate)
* (Council seal)
(Date of certification)
* Delete if inapplicable
Note 1: An acquisition plan which does not create additional lots is exempt
from the requirement for a Statement of Compliance by section 14
of the Subdivision Act 1988.
Note 2: An acquisition plan creating additional lots is still subject to the
requirement for a Statement of Compliance under section 21 of the
Subdivision Act 1988.
_______________
Form 7
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FORM 8
Reg. 36 Subdivision (Procedures) Regulations 2000
ALLOCATION OF STREET NUMBERS AND LOT LOCATION
INFORMATION
Registrar of Titles
Advice of street numbers allocated for each lot and other lot location
information on a plan
Plan No. *PS (insert appropriate number)
*PC (insert appropriate number).
COUNCIL NAME:
COUNCIL REFERENCE NO.
Lot Floor Flat or Street Street Suburb
No. level Unit No. Name
(insert details as appropriate).
* (Council Delegate)
* (Council Seal)
(Date)
*Delete if inapplicable
Note: Regulation 36 requires the Council to give to the Registrar the
information on this form within one month of certification of the plan.
_______________
Form 8
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FORM 9
Reg. 38(1)(a) Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION TO REGISTER A PLAN RELATED TO
ACQUISITION BY AN ACQUIRING AUTHORITY
To the Registrar
Plan No.
This is an application by an acquiring authority for registration of the Plan.
1. Applicant (insert name and address).
2. Land in the Plan (insert Volume and Folio references or other land
description as necessary of all the land in the plan).
3. Municipal district in which land is located (insert name of Council and
address of municipal offices).
Signature or seal of applicant, solicitor or agent.
*Delete if inapplicable
Note 1: Consents under section 22 may not be necessary. See section 35(4)
of the Subdivision Act 1988.
Note 2: Statement of exemption under section 22(1)(b) must be supplied to
the Registrar if applicable if it is not otherwise included in the plan.
_______________
Form 9
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FORM 10
Reg. 38(1)(b) Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION TO REGISTER A PLAN OF *SUBDIVISION
*CONSOLIDATION NOT RELATED TO ACQUISITION BY
AN ACQUIRING AUTHORITY
To the Registrar
Plan No. *Stage No.
This is an application by the *registered proprietor *owner of the land in the
plan (insert number) for registration of the plan
1. Applicant: (insert name and address)
2. Land: (insert Volume and Folio references or other land description as
necessary of all land in the plan)
3. Municipal district in which land is located: (insert name of Council and
address of municipal office)
Signature or seal of applicant, solicitor or agent.
(Date)
*Delete if inapplicable
Note 1: Consents of all mortgagees annuitants lessees sub-lessees and
caveators as required by section 22(1) of the Subdivision Act 1988
must be endorsed on this application or produced with this
application. If every consent is not endorsed or produced then an
application under section 22(1B) of the Subdivision Act 1988 must
accompany this application (see Form 11).
Note 2: If easements or restrictions are created varied or removed by this
plan the supporting documents referred to in section 6(1)(j) or (k) of
the Subdivision Act 1988 or regulation 39(3) of the Subdivision
(Procedures) Regulations 2000 must be produced to the Registrar.
Note 3: This form is also to be used by the applicants acting under section
32A of the Subdivision Act 1988. Any applications under
section 32 of the Subdivision Act 1988 must be made on Form 16.
_______________
Form 10
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FORM 11
Reg. 38(2) Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION FOR THE SERVICE OF A NOTICE BY THE
REGISTRAR
To the Registrar
Plan No.
This is an application for the service of a notice under section 22(1C) of the
Subdivision Act 1988.
1. Applicant: (Insert Name and Address)
2. The person/body listed in the schedule below has not consented to the
registration of the plan and their consent is required for registration.
(Date)
Signature or Seal of Applicant, Solicitor or Agent.
Schedule
Person/Body Instrument No.
(Full names) (Lodging No. )
Note 1: The applicant must be the applicant for the registration of the plan.
Note 2: See Section 22(1A) of the Subdivision Act 1988 for a description of
the person whose consent is required for registration.
_______________
Form 11
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FORM 12
Regs 38(3), 38(4), 38(5) Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION TO REGISTER A PLAN OF CREATION
REMOVAL OR VARIATION OF AN EASEMENT OR A PLAN
OF VARIATION OR REMOVAL OF A CONDITION IN THE
NATURE OF AN EASEMENT IN A CROWN GRANT NOT
DONE AS PART OF A PLAN OF SUBDIVISION OR PLAN OF
CONSOLIDATION
To the Registrar
This is an application for the registration under section 22 of the Subdivision
Act 1988 of a plan of *creation *removal *variation of an easement
*condition in the nature of an easement in a Crown Grant.
1. Applicant : (insert name and address)
2. Land In Plan: Benefited Land Burdened Land
(insert Volume and Folio references or other land descriptions as necessary)
3. Municipal district in which the land is located: (insert name of council
and address of municipal offices).
Signature or Seal of Applicant, Solicitor or Agent
(Date)
* Delete if inapplicable
Note 1: This form is to be used—
(a) when a planning scheme or permit regulates or authorises the
creation variation or removal of an easement; or
(b) for removal of an easement following an order under section 36
of the Subdivision Act 1988; or
(c) when a planning scheme or permit regulates or authorises the
variation or removal of a condition in the nature of an easement
in a Crown Grant.
Form 12
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Note 2: The planning permit, the order under section 36 or the amendment
to the planning scheme must be produced to the Registrar.
_______________
Form 12
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FORM 13
Reg. 38(6) Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION TO REGISTER A PLAN OF CREATION
REMOVAL OR VARIATION OF A RESTRICTION NOT
DONE AS PART OF A PLAN OF SUBDIVISION OR PLAN OF
CONSOLIDATION
To the Registrar:
This is an application for the registration under section 22 of the Subdivision
Act 1988 of a plan of *creation *removal *variation of a restriction.
1. Applicant: (insert name and address)
2. Land in Plan:
(insert Volume and Folio reference or other land description as necessary of
burdened land. Insert Volume and Folio references or other land description
of benefited land only if the plan creates a restriction.)
3. Municipal district in which land is located: (insert name of council and
address of municipal offices)
Signature or Seal of Applicant, Solicitor or Agent
(Date)
* Delete if inapplicable
Note 1: This form is to be used when a planning scheme or permit regulates
or authorises the creation variation or removal of a restriction.
Note 2: The planning permit or the amendment to the planning scheme
must be produced to the Registrar.
Note 3: Certificates of title of benefited land need not be produced to the
Office of Titles.
_______________
Form 13
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FORM 14
Reg. 38(8) Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION TO REGISTER A PLAN TO *VEST LAND IN
A COUNCIL *REMOVE A RESERVATION FROM LAND
*REMOVE ANY RESTRICTIONS ON THE USE OF LAND
VESTED UNDER SECTION 18 OF THE CLUSTER TITLES
ACT 1974
1. Applicant: (Insert name and address)
2. Land: (Insert Volume and Folio reference and other land description as
necessary of all land in this plan).
3. Municipal district in which land is located (insert name of council and
address of municipal office).
Signature or Seal of Applicant, Solicitor or Agent
(Date)
* Delete if inapplicable
Note 1: Consents of all mortgagees annuitants lessees sub-lessees and
caveators as required by section 22(1) of the Subdivision Act 1988
must be endorsed on this application or produced with this
application. If that consent is not endorsed or produced then an
application under section 22(1B) of the Subdivision Act 1988 must
accompany this application. (see Form 11).
Note 2: If any land is to be vested by the plan then the Council must be the
applicant.
_______________
Form 14
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FORM 15
Reg. 38(9) Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
APPLICATION TO REGISTER A PLAN TO CREATE A BODY
CORPORATE
To the Registrar:
Plan No.
1. Applicant: (insert name and address)
2. Land: (Insert Volume and Folio reference or other land description as
necessary of all land in the plan).
3. Municipal district in which land is located (insert name of council and
address of municipal office).
Signature or Seal of Applicant, Solicitor or Agent.
(Date)
Note: Consents of all mortgagees annuitants lessees sub-lessees and
caveators as required by section 22(1) of the Subdivision Act 1988
must be endorsed on this application or produced with this
application. If that consent is not endorsed or produced then an
application under section 22(1B) of the Subdivision Act 1988 must
accompany this application (see Form 11).
_______________
Form 15
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FORM 16
Reg. 39 Subdivision (Procedures) Regulations 2000
Section 32
Subdivision Act 1988
APPLICATION TO REGISTER A PLAN RESULTING FROM
ALTERATIONS OF A SUBDIVISION CONTAINING A BODY
CORPORATE UNDER SECTION 32
To the Registrar:
Plan No.:
1. Applicant: (insert name and address of body corporate)
2. This is an application for registration of a plan resulting from alteration
of a subdivision containing a body corporate.
3. Land in the Plan (insert Volume and Folio references or other land
description of all the land in the plan).
4. Municipal district in which land is located (insert name of Council and
address of municipal offices).
Signature or seal of applicant, solicitor or agent.
(Date)
_______________
Form 16
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FORM 17
Reg. 40 Subdivision (Procedures) Regulations 2000
Section 35
Subdivision Act 1988
ADVICE TO THE REGISTRAR AND APPLICATION TO THE
REGISTRAR FOR THE REGISTRAR TO RECORD THE
VESTING DATE OF LAND ACQUIRED COMPULSORILY
1. Plan No. (Insert section 35 Plan number made available by the Registrar).
Applicant:
2. Land: (Insert Volume and folio reference and the land identifier shown in
the plan and other land description as necessary of land acquired).
3. Encumbrances: *Free from
*Subject to the encumbrance listed below.
4. Government Gazette Reference: (Insert page number and date of
Government Gazette)
Signature or Seal of Applicant, Solicitor or Agent
Date:
* Delete if inapplicable
Note 1: Regulation 43 requires that a copy of the page of the Government
Gazette containing the Notice of Acquisition must be produced with
this application.
Note 2: Do not list encumbrances if the land acquired is to be a road or
reserve.
_______________
Form 17
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FORM 18
Regs 44 and 46 Subdivision (Procedures) Regulations 2000
Plan No.
Subdivision Act 1988
APPLICATION TO COUNCIL TO AMEND CERTIFIED PLAN
Application is made to amend the plan certified by (insert name of Council)
Council on / / which has not yet been registered by the Registrar.
The amendments are proposed to be made by:
*endorsement on the plan
*substitution of a new plan incorporating the amendments
The reason for the application is:
*the Registrar considered that alterations of a material nature were required
to the plan before it could be registered
*a referral authority requires an easement or boundary change to secure
compliance with its requirements
*(other)
Signed Signed
(owner or applicant) (owner, where owner has consented to an
application being made under section
11(1) of the Subdivision Act 1988 by
another person)
*Delete if inapplicable
OFFICE USE ONLY
Date received by Council Fee Paid $
Authority Referred to: Date Referred: Response Received:
This application is referred under section 11(2) of the Subdivision Act 1988
Note 1: A plan cannot be amended once it has been registered by
the Registrar.
Note 2: The original certified plan must be submitted with the application.
Form 18
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Note 3: If the original plan has been lost or destroyed a declaration to that
effect together with confirmation that the plan is not in the Office of
Titles should be included.
Note 4: Amendments involving correcting incorrect items of the plan should
be made in black by crossing out the error and then writing the
correct item as near as practical.
Note 5: Where the correction is an addition of new information a short
description should be added in the margin eg. easement lot 6 added.
Note 6: Amendments should be initialled and dated by the person who
prepared the plan.
_______________
Form 18
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FORM 19
Reg. 48 Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
NOTICE OF REQUIREMENT OF ALTERATIONS TO PLAN
(Amended plans)
To: (insert name of Council)
and
To: (insert name of Applicant)
*Plan of Subdivision (insert plan number made available by the Registrar)
*Plan of Consolidation (insert plan number made available by the Registrar)
*(other) plan (insert plan number made available by the Registrar if
available)
The (insert name of referral authority) requires the following alterations to
the above plan under section 11(3) of the Subdivision Act 1988 to ensure
that the plan conforms with requirements made when consenting to the plan
(insert details)
Reasons:
(insert reasons for purpose of section 11(3))
*(Signed for the referral authority)
*(Sealed by the referral authority)
(Date)
*Delete if inapplicable
Note: Suspension of time:
Under section 11(5) of the Subdivision Act 1988 the time for
consideration of the altered plan is suspended as from the date of this
notice and will resume when the altered plan is submitted to the
Council.
_______________
Form 19
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FORM 20
Reg. 51(1) Subdivision (Procedures) Regulations 2000
*RE-CERTIFYING EXISTING PLAN
This plan is re-certified under section 11(7) of the Subdivision Act 1988
*(Council delegate)
*(Council seal)
(Date of re-certification)
*Delete if inapplicable
Note: Where the plan includes more than one sheet each sheet not including
the above form must be initialled by the delegate or one of the
persons affixing the seal.
_______________
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FORM 21
Reg. 51(2) Subdivision (Procedures) Regulations 2000
*CERTIFYING A NEW VERSION OF AN EXISTING PLAN
This plan is certified under section 11(7) of the Subdivision Act 1988
Date of original certification under section 6 / /
*(Council delegate)
*(Council seal)
(Date of certification under section 11(7))
*Delete if inapplicable
Note: This form is for use on a plan where the Council is not yet satisfied
that section 21(1)(b)(i) or (ii) has been complied with.
_______________
Form 21
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FORM 22
Regs 51(5) and 55(c) Subdivision (Procedures) Regulations 2000
*CERTIFYING A NEW VERSION OF AN EXISTING PLAN
WITH STATEMENT OF COMPLIANCE
PART A
1. This plan is certified under section 11(7) of the Subdivision Act 1988.
Date of original certification under section 6 / /
*(Council delegate)
*(Council seal)
(Date of certification under section 11(7))
*Delete if inapplicable
PART B
2. This is a Statement of Compliance issued under section 21 of the
Subdivision Act 1988.
COUNCIL REF NO.
OFFICE OF TITLES PLAN NO.
DATE CERTIFIED BY COUNCIL
This is a Statement of Compliance issued under section 21 for the whole of
the above plan.
Requirements under Parts 2 and 3 of the Subdivision Act 1988 have now
been satisfied.
You should now lodge this Statement in the Office of Titles.
In the event that you have not yet lodged the certified plan then this
Statement should be attached to it for lodging.
* (Council delegate)
* (Council seal)
(Date)
* Delete if inapplicable
Form 22
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Note 1: This form should be used on subdivisions where no works
requirement has been served as well as on Plans of Consolidation,
Plans of Creation/Removal/Variation of Easements/Restrictions.
It may also be used where a new version of an existing plan is being
certified at the completion of the works requirement to incorporate
plan amendments concurrently with the issue of a Statement of
Compliance.
_______________
Form 22
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FORM 23
Reg. 54 Subdivision (Procedures) Regulations 2000
Section 20A
Subdivision Act 1988
ADVICE BY LICENSED SURVEYOR
This is the written advice by a licensed surveyor required by section 20A of
the Subdivision Act 1988. It relates to
Plan Number (insert plan number made available by the Registrar.)
1. Where appropriate, boundaries of the land in the plan, the lots, common
property, roads and reserves have been marked out or defined and
supporting survey monumentation is in place on the Plan of Subdivision
referred to above as is required under the Surveyors Act 1978, the
Survey Co-ordination Act 1958, and regulations under those Acts.
2. The accuracy of the plan and the boundary determination is in accord
with the accuracy requirements of regulations under the Surveyors Act
1978 and the Survey Co-ordination Act 1958.
3. *A. The plan represents the adopted boundaries and no substantial
discrepancy exists between the boundaries and the boundaries as shown
on the plan.
or
*B. A substantial discrepancy exists between a boundary and the
boundary as shown on the plan. Details of these discrepancies are
provided on the attached plan.
4. *The relationships between supporting survey monumentation and lot
boundaries (including any requirements to tie to monuments placed
under the Survey Co-ordination Act 1958 and regulations under that
Act) are shown on the attached supplementary abstract of field records.
* Delete if inapplicable.
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Note: Item 3 must be completed if the plan is based on survey.
Licensed Surveyor (Signature)
Name (Print) (date)
Firm Name (If Applicable)
_______________
Form 23
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FORM 24
Regs 55(e) and 56 Subdivision (Procedures) Regulation 2000
Section 21
Subdivision Act 1988
To: (Owner or applicant)
(Address)
STATEMENT OF COMPLIANCE FOR STAGE NO. # OF A
STAGED PLAN
Council Ref. No.
Office of Titles Plan No.
Date certified by Council:
1. This is a Statement of Compliance issued under section 21 for stage No. #
of a staged subdivision (being lots (insert lot number(s) if
applicable)).
2. The following stage lots on this plan are NOT released from the original
requirements and will require a further statement (insert lot numbers e.g.
S2, S3 etc.—or insert inapplicable if this is a statement of compliance for
the last stage).
You should now lodge this statement in the Office of Titles. If you have not
yet lodged the certified plan then this statement should be attached to it for
lodging.
A summary/copy of the outstanding requirements of the Council and the
referral authorities is included but should not be lodged in the Office of
Titles.
* (Council delegate)
* (Council seal)
(Date)
* Delete if inapplicable.
# Insert one stage number.
Note: Section 21(4) enables a statement of compliance to provide that an
agreement under the Planning and Environment Act 1987 no longer
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applies to specified land in a stage. If this is done then the agreement
should be identified by reference to its registration number at the Land
Titles Office (if any). The land to be no longer subject to the
agreement should be identified by reference to lot and plan number
made available by the Registrar.
_______________
Form 24
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FORM 25
Regs. 55(f) and 56 Subdivision (Procedures) Regulations 2000
To: (owner or applicant) (address)
STATEMENT OF COMPLIANCE
Section 21
Subdivision Act 1988
COUNCIL REF NO.
OFFICE OF TITLES PLAN NO.
DATE CERTIFIED BY COUNCIL
This is a Statement of Compliance issued under section 21 for the whole of
the above plan.
Requirements under Parts 2 and 3 of the Subdivision Act 1988 have now
been satisfied.
You should now lodge this Statement in the Office of Titles.
In the event that you have not yet lodged the certified plan then this
Statement should be attached to it for lodging.
* (Council delegate)
* (Council seal)
(Date)
* Delete if inapplicable.
_______________
Form 25
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FORM 26
Reg. 61 Subdivision (Procedures) Regulations 2000
Subdivision Act 1988
REFUSAL
Plan No.
REFUSAL Application No.
Council
This is a refusal under section (insert either sections 6(2), 11(7)(b), 15(2) or
21(1)) of the Subdivision Act 1988.
Type of Refusal
The (insert Council or referral authority) refuses—
* to certify the plan under section 6(2)
* to certify a new plan under section 11(7)(b)
* to recertify an amended plan under section 11(7)(b)
* to approve an engineering plan under section 15(2)
* to issue a statement of compliance under section 21(1)
What are the reasons for refusal?
* a referral authority has refused to consent to the plan (attach a copy of
referral authority refusal in the form of Form 3 of the Subdivision
(Procedures) Regulation 2000).
* (include details of relevant provisions of section 6(1) which have not been
complied with)
* (include other details of grounds of refusal)
* the following requirements under the Planning and Environment Act
1987 or Part 3 of the Subdivision Act 1988 have not been met or secured
by an agreement (applicable only in regard to statement of compliance)
(include details of which requirements).
* Council *delegate/*seal
* Referral Authority *delegate/*seal
* (Date)
Form 26
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Note: An applicant may apply to have certain decisions reviewed, as
provided under section 40 of the Subdivision Act 1988 (set out
overleaf). Appeals are to the Victorian Civil and Administrative
Tribunal.
Time limits apply on appeals.
Applicants intending to make an appeal should contact the Victorian Civil
and Administrative Tribunal for information on the appropriate procedures to
follow.
Section 40, Subdivision Act 1988.
Review of refusal or failure to decide
(1) An applicant may apply to the Victorian Civil and Administrative
Tribunal for review of—
(a) a decision of a Council to refuse to—
(i) certify or re-certify a plan; or
(ii) approve an engineering plan; or
(iii) issue a statement of compliance; or
(b) a decision of a referral authority to—
(i) refuse to consent to the certification or amendment of a plan; or
(ii) refuse to approve an engineering plan; or
(iii) make a requirement under section 44(3F); or
(c) a decision of a Council or referral authority to require alterations to a
plan; or
(d) a decision of a Council or referral authority to require the applicant to
enter into an agreement under sections 17(2)(c) or 21(1)(b)(ii).
(2) An owner who requests the Council or a referral authority to make a
statement under section 36 or has applied for a permit or requested a
permit to be amended may apply to the Victorian Civil and
Administrative Tribunal for review of a decision of the Council or
referral authority to refuse to make the statement.
(3) A reference in sub-section (2) to a decision to refuse to make a statement
includes a reference to a failure to make the statement within the
prescribed time.
(4) A reference in sub-section (1) or (2) to a decision to refuse to do a thing
includes a reference to a failure to do that thing.
Form 26
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(5) An applicant under section 44(4A), (5), (5A) or (5B) may apply to the
Victorian Civil and Administrative Tribunal for review of a refusal of the
Council to consent to the application.
(6) Without limiting its powers on review, if the Tribunal finds that a Council
or referral authority has unreasonably refused or failed to take any action,
the Tribunal may order that the action be carried out by another person,
wholly or partly, at the cost of the Council or referral authority.
═══════════════
Form 26
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ENDNOTES
1 Reg. 3(a): S.R. No. 250/1989.
2 Reg. 3(b): S.R. No. 384/1989.
3 Reg. 3(c): S.R. No. 65/1996.
4 Reg. 6(2): Regulation 8 of the Subdivision (Registrar's Fees) Regulations
1993 prescribes a fee for the supply of plan numbers.
5 Reg. 13: Under section 18(3) of the Land Acquisition and Compensation
Act 1986 land acquired by agreement is treated as if it has been
compulsorily acquired.
6 Reg. 16(f): Special rules may be made and recorded on the plan at any time
after it is registered.
7 Reg. 23: The Council must send a copy of the altered plan to the referral
authority.
8 Reg. 33(a): Roads, reserves and common property should not be counted as
lots when determining if additional lots are created. (See definition of
Lot—Subdivision Act 1988.)
9 Reg. 38(1)(b): See regulation 6 of the Transfer of Land (General)
Regulations 1994 for the standard of preparation of applications.
Endnotes
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