Conveyancing Act 1919 Conveyancing (General) Amendment Regulation 1998 (1998-366) [GG No 102 of 3.7.1998, p 5212] (NSW)

New South Wales

under the

Conveyancing Act 1919

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919.

RICHARD AMERY, M.P.,
Minister for Land and Water Conservation

The object of this Regulation is to amend the Conveyancing (General)

Regulation 1992 as a consequence of the amendment of the Conveyancing Act 1919 (the Principal Act) by the Environmental Planning and Assessment Amendment Act 1997. The amendments:

(a)	provide for the manner in which plans of subdivision for lease purposes (within the meaning of Division 3B of Part 2 of the Principal Act) are to be endorsed (proposed clause 18 (3)), and
(b)	prescribe various plans as miscellaneous plans for the purposes of Division 3 of Part 23 of the Principal Act (proposed clause 23A), and
(c)	prescribe various matters as matters that constitute plans as plans of indentification for the purposes of Division 3 of Part 23 of the Principal Act (proposed clause 23B), and
(d)	make provision of a savings and transitional nature consequent on the enactment of the Environmental Planning and Assessment Amendment Act 1997 (proposed clause 44), and
(e)	substitute the various Plan Forms in Schedule 2 with new Plan Forms (proposed Plan Forms 1. 1A, 2, 2A and 3) and make consequential amendments to Schedule 4.

This Regulation is made under the Conveyancing Act 1919, including section 202 (the general regulation-making power), sections 23H, 195 and 195C and clause 1 of Schedule 9.

Published in Gazette No 102 of 3 July 1998, page 5212 Page 1

Clause 1 Conveyancing (General) Amendment Regulation 1998

This Regulation is the Conveyancing (General) Amendment

Regulation 1998.

Commencement

This Regulation commences on the day appointed under section 2 of the Environmental Planning and Assessment Act 1997 for the commencement of that Act*.

Amendment of Conveyancing (General) Regulation 1992

The Conveyancing (General) Regulation 1992 is amended as set out in Schedule 1.

Notes

The explanatory note does not form part of this Regulation.

* The regulation (statutory rule) provided that it was t o commence on the day appointed under section 2 of the Environmental Planilng and Assessment Act 1997 (presumably an intended reference to the Environmental Planning and Assessment Amendment Act 1997). The day so appointed for the commencement of the Environmental Planning and Assessment Amendment Act 1997 was 1.7.1998. Pursuant to section 39 (2A) of the Interpretation Act 1987, the regulation is not invalid merely because the regulation was published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the regulation is published in the Gazette, instead of from the earlier day.

Conveyancing (General) Amendment Regulation 1998

Amendments Schedule 1

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(Clause 3)

[1]       Clause 18 Other information on plans

Insert after clause 18 (2):

(3) In the case of a plan of subdivision for lease purposes (within the meaning of Division 3B of Part 2 of the Act), the plan must be endorsed by a subdivision certificate that states that the plan is a plan of subdivision for lease purposes.

Insert after clause 23:

23A Miscellaneous plans: section 195

For the purposes of paragraph (c) of the definition of

miscellaneous plan in section 195 (1) of the Act, the

following matters are prescribed as matters which, if shown on a plan, constitute the plan as a miscellaneous plan:

(a)	matter indicating the site of an easement, profit á prendre, restriction or positive covenant to be created under section 88B of the Act,
(b )	matter indicating the site of an easement or profit á prendre to be released under section 88B of the Act,
( c )	matter indicating minor adjustments to the boundaries of development lots and association property within the meaning of the Community Land Development Act 1989 in such a manner as to constitute the plan as a boundary adjustment plan within the meaning of that Act.

Conveyancing (General) Amendment Regulation 1998

Schedule 1 Amendments

(d)

matter indicating a division of land effected prior to 1 July 1920 by the erection of structures (such as buildings, walls and fences), being matter that states:

( i )	that the various parts of the land so divided are separately rateable under the Local Government Act 1993, and
( i i )	that the structures that are currently on the land are in the same position as were the structures by which the division of land was effected.

23B	Plans of identification: section 195
For the purposes of paragraph (i) of the definition of
plan of identification in section 195 (1) of the Act, the
following plan is a plan of identification: under the provisions of the Real Property Act 1900, being land in respect of which the applicant claims to have acquired title wholly or partly by adverse
possession.

[3]        Clause 44

Insert after clause 43:

44 Transitional provision consequent on enactment of

Environmental Planning and Assessment Amendment

Act 1997

( 1 )

This clause applies to:

(a)	any plan of subdivision certified in accordance with section 327 (1) (d ) or ( 2 ) (b) of the repealed Act, regardless of when the plan is certified or lodged with the Registrar-General for registration under the Principal Act, and
(b)	any plan of the division of land (other than a plan of subdivision) lodged with the Registrar-General for registration under the Principal Act before the appointed day.

Conveyancing (General) Amendment Regulation 1998

Amendments Schedule 1

(2)	The provisions of:
(a) Division 3 of Part 23 of the Principal Act, and as in force immediately before the appointed day, apply to and in respect of a plan to which this clause applies as (b) this Regulation,
if the 1997 amending Act had not been enacted and the
1998 amending Regulation had not been made.
(3)	In this clause:
appointed day means the day appointed under section 2
of the 1997 amending Act for the commencement of that
Act.
plan of subdivision has the same meaning as it had in section 327AA of the repealed Act.
Principal Act means the Conveyancing Act 1919.
repealed Act means the Local Government Act 1919, as
in force immediately before the appointed day.
the 1997 amending Act means the EnvironmentaI Planning and Assessment Amendment Act 1997.
the 1998 amending Regulation means the Conveyancing (General) Amendment Regulation 1998.

Omit Plan Forms 1, 2 and 3. Insert instead:

Conveyancing (General) Amendment Regulation 1998

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Amendments Schedule 1

[5] Schedule Requirements for deposited plans

Omit "or Plan Form 2” from clause 2 (1) . purposes, Plan Form 1A or 2A".

[6]        Schedule 4, clause 2

Insert after clause 2 (2) (a)

(a1) Plan Form 1A, if the first sheet of the plan is in Plan
Form 1A, or

[7]        Schedule 4, clause 2

Insert "or 2A" after "Plan Form 2" in clause 2 (2) (b).

[8]        Schedule 4, clause 2

Insert "or 1A" after "Plan Form 1" in clause 2 (3) (a).

[9]        Schedule 4, clause 2

Insert "or 2A" after "Plan Form 2” in clause 2 (3) (b).

Omit "Plan Form 1 , 2 or 3" from clause 2 (4). Insert instead “Plan Form 1, 1A, 2, 2A or 3".