Subdivision (Procedures) Regulations 1989 (Vic)

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Version No. 022

Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989

Version incorporating amendments as at 12 October 1999

TABLE OF PROVISIONS

Regulation Page
PART 1—PRELIMINARY 1
1. Title 1
2. Commencement 1
3. Objectives 1
4. Authorizing provisions 2
5. Definitions 2
6. Form and layout of plans (See Appendix) 2
PART 2—FORM AND CONTENT OF PLANS 3
7. Use of Office of Titles Plan Numbers 3
8. Numbering and signing of plans 3
9. Abbreviations on plans 4
10. Information which must be on plans for the Office of Titles 5
11. Use of cross sections and plans of elevation (See Appendix
example 14) 6
12. Use of buildings to define boundaries (See Appendix examples
12, 13, 17, 18) 6
13. Method of showing boundaries on a plan (See Appendix
examples 12–14, 17, 18) 7
14. Plans for acquisition of land (See Appendix examples 15 and 16) 8
15. Revoked 8
16. Removal or variation of easements (See Appendix examples 5
and 6) 8
17. Creation, removal or variation of restrictions (See Appendix
examples 7–9) 9
18. Supporting material for easements and restrictions 9
19. Information to be on plans involving bodies corporate—Section
27(3)(See Appendix examples 12, 14, 19) 9
20. Staged subdivision—Section 37 10
21. Information to be on master plans—Section 37 (See Appendix
examples 10, 12) 10
22. Information to be on plans for subsequent stages—Section 37
(See Appendix examples 11, 13) 10

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Regulation Page
23. Special information for Councils and referral authorities 11
24. Special information for Office of Titles 11
PART 3—CERTIFICATION PROCEDURES 13
25. Application for certification 13

26.      Time for Council to send plan to referral authority— Section 8(1) 13

27.
Form of referral—Section 8(1) 13

28.      Time in which Council may require alterations to plan—Section

10(1) 13
29.
Time for referral authority to reply—Section 9(1) 14
30.
Form for requiring specified alterations—Section 9(1) 14
31.
Form for refusal of consent by referral authority 14

32.      Form for advising that altered plan received and times

recommenced 14
33.
Time for Council to certify plan—Sections 6(1) and 6(2) 15
34.
Form of certification with requirements 15

35.      Form of certification and statement of compliance without

requirements 15
36.
Form of certification for acquisition plans 15
37.
Time for giving reasons for refusal to certify—Section 6(2) 16
37A. Time to make a statement under section 36 16
38. Council to supply street numbers and lot location information 16
PART 4—APPLICATIONS TO THE REGISTRAR 17
39. Time for Registrar to consider boundary plans— Section 26(2) 17
40. Lodged plan to be accompanied by application 17
41. Application for registration of subdivisions, consolidations,
easements and restrictions 17
42. Applications to register alterations on a body corporate plan 19
42A. Advice and application concerning vesting dates 19
43. Other applications 19
44. Advice concerning amendments to plan 19
45. Advising of vesting dates 20

PART 5—AMENDING CERTIFIED PLANS PRIOR TO

REGISTRATION 21
46. Application to amend certified plan 21
47. Time for Council to send amended plan to referral authority—
Section 11(2) 21
48. Form of referral of application for amendment—Section 11(2) 21
49. Time for referral authority to reply—Sections 11(3) and 11(4) 21
50. Form for requiring specified alterations—Section 11(3) 21
51. Form for refusal of consent to amend plan by referral authorities 22

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Regulation Page

52.      Time for Council to certify or recertify amended plans—Section

11(7) 22

53.      Form of re-certifying amended plans or certifying replacement

plans 22
PART 6—WORKS AND OTHER REQUIREMENTS 24
54. Time to make decision on engineering plans—Section 15(2) 24
55. Notation when public open space requirement made—Section 18
(See Appendix examples 10–13) 24
56. Advice that land marked out or defined 24
57. Information to be submitted by owner prior to statement of
compliance—Section 21(1)(a) 24
58. Form of statement of compliance—Section 21 24
59. Registrar records statement of compliance 25
PART 7—MISCELLANEOUS 26
60. Name of body corporate 26
61. Council to keep records 26
62. Concurrent processing of planning and subdivision applications 27
63. Time limit to nominate an authority—Section 17(2A) 28
64. General form of refusal 28
65. Reference to Council's seal 28
PART 8—TRANSITIONAL PROVISIONS 29
66. Definitions 29
67. Effect of this Part 29
68. Plans 29
69. Forms 30

__________________

SCHEDULE—FORMS 31
Form 1—Application for Certification 31
Form 2—Suspension of referral time pending alterations to plan 33
Form 3—Refusal of consent by referral authority 34
Form 4—Recommencement of referral time 35
Form 5—Certification by Council 36
Form 6—Certification of acquisition plans 37
Form 7—Certification and statement of compliance 38
Form 8—Application to register a plan of subdivision consolidation not
related to acquisition by an acquiring authority 39

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Regulation Page
Form 8A—Application for the service of a notice by the Registrar 41
Form 9—Application to register a plan related to acquisition by an
acquiring authority 42

Form 9A—Advice to the Registrar and application to the Registrar for the

Registrar to record the vesting date of land acquired

compulsorily 43

Form 10—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

44

Form 10A—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 45
Form 10B—Application to register a plan 46
Form 10C—Application to register a plan to create a body corporate 47
Form 11—Application to register a plan resulting from alterations of a
subdivision containing a body corporate under section 32 48
Form 12—Application to Council to amend certified plan 49
Form 13—Suspension of referral time pending alterations to plan 51
Form 14—Re-certifying existing plan 52
Form 15—Certifying fresh plan 53
Form 16—Certifying fresh plan with statement of compliance 54
Form 17—Statement of compliance for stage No. # of a staged plan 55
Form 18—Statement of compliance 57
Form 19—Advice by licensed surveyor 58
Form 20—Refusal 59
Form 21—Allocation of street number and lot location information 61

═══════════════

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Regulation Page
NOTES 62
1. General Information 62
2. Table of Amendments 63
3. Explanatory Details 64

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Version No. 022

Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989

Version incorporating amendments as at 12 October 1999

PART 1—PRELIMINARY

1. Title

These Regulations may be cited as the

Subdivision (Procedures) Regulations 1989.

2. Commencement

These Regulations come into operation on the
date of commencement of section 43 of the

Subdivision Act 1988.

3. 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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r. 4 S.R. No. 250/1989

4. Authorizing provisions

These Regulations are made under the powers in section 43 of the Subdivision Act 1988.

5. Definitions

In these Regulations—
"Act" means the Subdivision Act 1988;

"form" means a form in the Schedule;

Reg. 5 def. of

"general plan" "general plan" means any plan other than a
amended by procedural plan;
S.R. No. 384/1989 reg. 5.

"plan number" means any plan number made available by the Registrar;

Reg. 5 def. of

"procedural "procedural plan" means—
plan"
substituted by (a) any plan which does not require a
S.R. No. planning permit; or
65/1996 reg. 4.

(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.

6. Form and layout of plans (See Appendix)1

The form and layout of a plan may vary according to the nature or complexity of the subject-matter.

_______________

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Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 7

PART 2—FORM AND CONTENT OF PLANS

7. Use of Office of Titles Plan Numbers

Reg. 7(1)

(1) A Plan Number must be used on all plans under section 32B and on all plans of subdivision or

amended by

S.R. No. 65/1996

plans of consolidation (and related forms) reg. 5(1)(a)(b).

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.
Reg. 7(2)

(2) When requested and on payment of the prescribed fee2 the Registrar must make a Plan Number

amended by

S.R. No. 65/1996

available for use on a plan under section 32B or a reg. 5(2).
plan of subdivision or plan of consolidation.
Reg. 7(3)

(3) A plan number must be used for one plan only except for a staged subdivision.

inserted by

S.R. No. 65/1996

reg. 5(3).

8. 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.

(4) Each sheet of a plan must be signed and dated

by—

Reg. 8(4)(a)

(a) a licensed surveyor if the plan— substituted by
S.R. No.
(i) is prepared by the licensed surveyor; or 65/1996 reg. 6.

(ii) is based on survey; or

(iii) is a plan of subdivision; or

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Subdivision (Procedures) Regulations 1989

r. 9 S.R. No. 250/1989
Reg. 8(4)(b) (b) the applicant, if paragraph (a) does not
substituted by
S.R. No. apply.
65/1996 reg. 6.

(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 or version date when the plan has been amended or altered since the plan number was first used.

9. Abbreviations on plans

(1) In a plan—

"AMG" means Australian Map Grid;

"A" (no.) means appurtenant easement number;

Reg. 9(1) def.

of "E" "E" (no.) means encumbering easement number,
amended by a condition in the nature of an easement in a
S.R. No.
65/1996 Crown grant or any other encumbrance;
reg. 7(a).

"R" (no.) means land not being a lot which is part

of a road;

"S" (no.) means Stage number;

"SECV" means State Electricity Commission of

Victoria;

Reg. 9(1) def.

of "MMBW" "MMBW"—
substituted by
S.R. No. (a) in relation to any matter occurring
65/1996 before 1 July 1992, means Melbourne
reg. 7(b). and Metropolitan Board of Works; and

(b)

in relation to any matter occurring on or after that date, means Melbourne Water Corporation;

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S.R. No. 250/1989 r. 10
"DVA"— Reg. 9(1) def.
of "DVA"
(a) in relation to any matter occurring substituted by
S.R. No.
before 1 November 1990, means 65/1996
Dandenong Valley Authority; and reg. 7(b).

(b)

in relation to any matter occurring on or after 1 November 1990 but before 1 July 1992, means Dandenong Valley and Westernport Authority; and

(c)

in relation to any matter occurring on or after 1 July 1992, means Melbourne Water Corporation;

Reg. 9(1) def.

"MWC" means the Melbourne Water of "MWC"
Corporation; inserted by
S.R. No.

65/1996 reg. 7(b).

"POS" means Public Open Space;

"GFC" means Gas and Fuel Corporation of

Victoria.

(2) The Registrar may accept other abbreviations which may be used on plans.

10.  Information which must be on plans for the Office of Titles

A plan must include—

(a) provision for certification or recertification in accordance with regulations 34, 35, 36 or 53; and

(b) reference to any previous public open space requirement or provision for endorsement of such requirement in accordance with

regulation 55; and

(c) details of each proposed body corporate in

accordance with regulations 19 and 60; and

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r. 11 S.R. No. 250/1989

(d) details of any previous or proposed stage in accordance with regulations 21 or 22; and

Reg. 10(e)

amended by (e) details of any easements or restrictions
S.R. No. proposed to be created, removed or varied in
65/1996 reg. 8. accordance with regulations 16 and 17; and
Reg. 10(f)
amended by (f) Australian Map Grid co-ordinates of the
S.R. No. approximate central point of the land in any
384/1989
reg. 6. plan prepared by a licensed surveyor.

11.  Use of cross sections and plans of elevation (See Appendix example 14)

Reg. 11(1)

amended by (1) When lots, roads, reserves or common property
S.R. No. are located above or below each other or above or
65/1996
reg. 9(a)(b). 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.

12.  Use of buildings to define boundaries (See Appendix examples 12, 13, 17, 18)

(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

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Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 13

the building, the boundary is that part of the building. This does not apply to the external boundaries of the subdivision.

13.  Method of showing boundaries on a plan (See Appendix examples 12–14, 17, 18)

(1) Subject to sub-regulation (2) a boundary must be shown by a continuous line.

Reg. 13(1A)

(1A) A continuous line must not be used to show a building which does not constitute a boundary.

inserted by

S.R. No. 65/1996

reg. 10(1). Reg. 13(2)

(2) A broken line must be used where a boundary is a projection of a boundary defined by reference to a

substituted by

S.R. No. 65/1996

building shown on a cross-section. reg. 10(2).

(3) 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.

Reg. 13(3A)

(3A) Hatching need not be used if the plan specifies which boundaries or parts of boundaries are

inserted by

S.R. No. 65/1996

defined by a wall or other parts of a building. (4) Hatching need not be used if a notation on the reg. 10(3).

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.

Reg. 13(5)

(5) Except in the case of a boundary defined by reference to a natural feature a boundary defined

amended by

S.R. No. 65/1996

in an earlier registered plan by reference to a reg. 10(4).
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.

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r. 14 S.R. No. 250/1989
Reg. 13(6) (6) Despite sub-regulation (5) the Registrar may
inserted by
S.R. No. accept a plan as suitable for registration where
65/1996 dimensions are not shown for all of the boundaries
reg. 10(5). 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.

14.  Plans for acquisition of land (See Appendix examples 15 and 16)3

A plan of subdivision to facilitate the acquisition of land must indicate the land acquired or to be acquired.

Reg. 15 * * * * *
revoked by
S.R. No.
65/1996
reg. 11.
Reg. 16
amended by 16. Removal or variation of easements (See Appendix
S.R. Nos examples 5 and 6)
384/1989
reg. 7, 65/1996 A Plan of Subdivision or Plan of Consolidation
reg. 12. which also varies or removes an easement must refer to the grounds for the removal or variation and include either—

(a) a diagram indicating each portion of every easement which is to be removed or varied; or

(b) a statement indicating the whole of every easement which is to be removed or varied.

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Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 17

17.  Creation, removal or variation of restrictions (See Appendix examples 7–9)

A plan of Creation of Restriction, Plan of to be created, removed or varied.

Removal of Restriction or Plan of Variation of

18. Supporting material for easements and restrictions

(1) A plan creating, removing or varying an easement or restriction must be accompanied by the material necessary for the creation, removal or variation.4

(2) It is only necessary under sub-regulation (1) to

supply the relevant part of a planning scheme if a
direction under a planning scheme is relied on.

19.  Information to be on plans involving bodies corporate—Section 27(3)(See Appendix examples 12, 14, 19)

The prescribed information under section 27(3) is—

(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

Reg. 19(f)

(f) a statement whether standard or special rules apply; and5

substituted by

S.R. No. 65/1996

reg. 13.

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Subdivision (Procedures) Regulations 1989

r. 20 S.R. No. 250/1989
Reg. 19(g) (g) a statement, where appropriate, that the
inserted by
S.R. No. limited body corporate exists following a
65/1996 merger of bodies corporate and is the
reg. 13. successor of an unlimited body corporate as
referred to in section 32(2E)(b)(iv).
Reg. 20
amended by 20. Staged subdivision—Section 37
S.R. No.
384/1989 A plan must indicate whether it is or is not a
reg. 8. staged subdivision.

21.  Information to be on master plans—Section 37 (See Appendix examples 10, 12)

The master plan must—

Reg. 21(a)

substituted by (a) show the lots and any roads reserves
S.R. No. common property easements and restrictions
65/1996
reg. 14(a). in the first stage; and
Reg. 21(b)
substituted by (b) show all residual land with the lot number or
S.R. No. numbers S2, S3 etc. as appropriate; and
65/1996
reg. 14(a).

(c) include reference to any permit or planning

scheme provision which will regulate the
development of future stages; and

Reg. 21(d)

amended by (d) include either an endorsement as required by
S.R. No. regulation 55 when the public open space
65/1996
reg. 14(b). requirement will be satisfied on stage 1 or an
endorsement that the public open space
requirement will be met on a later stage.

22.  Information to be on plans for subsequent stages— Section 37 (See Appendix examples 11, 13)

A plan submitted for the second or any subsequent stage must—

(a) be numbered with the Master Plan Number;

and

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Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 23
(b) show the lots and any roads reserves Reg. 22(b)
substituted by
common property easements and restrictions S.R. No.
in that stage and which land (if any) is the 65/1996
residual land; and reg. 15.
Reg. 22(ba)
(ba) show any residual land with the lot number or numbers S3, S4 etc. as appropriate; and inserted by
S.R. No.
65/1996 reg. 15.

(c) include the lot number (S2, S3 etc.) shown on the last plan; and

(d) include different lot numbers to those

contained in previous stages.

23.  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.

24. Special information for Office of Titles

Reg. 24(1)

(1) Abstracts of Surveyors Field Notes, Surveyors reports, transparencies of plans, or other

amended by

S.R. No. 65/1996

supporting documents required by the Registrar reg. 16.
need not be submitted to the Council for certification but must 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.

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r. 24 S.R. No. 250/1989

(3) 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 must

be lodged with the plan.

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Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 25

PART 3—CERTIFICATION PROCEDURES

25. Application for certification

A plan submitted to a Council for certification under section 5(3)(c) must be accompanied by an application. The prescribed form for the application is the form in Form 1.

26.  Time for Council to send plan to referral authority— Section 8(1)

Subject to regulation 62, the prescribed time under section 8(1) is 7 days from the date on which the plan is received by the Council.6

27. Form of referral—Section 8(1)

(1) A plan referred by a Council under section 8(1)

indicating the date the plan was received by the

must be accompanied by a copy of Form 1 the plan is referred.

(2) A copy of Form 1 including the information in

sub-regulation (1) must be forwarded to the
applicant by the Council at the same time that any
plan is referred under section 8(1).

28.  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

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Subdivision (Procedures) Regulations 1989

r. 29 S.R. No. 250/1989

(c) for plans that are referred, 7 days from the

date the referral authority notifies the the date the Council received the application whichever first ends.

29. Time for referral authority to reply—Section 9(1)

Subject to regulation 62, the prescribed time under sections 9(1) and 9(3) is 35 days from the date the plan was received by the Council.

30.  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.

31. Form for refusal of consent by referral authority

The prescribed form for a refusal under section
9(1) is the form in Form 3.

32.  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) 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.

Reg. 32(2) * * * * *
revoked by
S.R. No.
65/1996
reg. 17(a).
Reg. 32(3)
amended by (3) The Council must send the applicant a copy of
S.R. No. Form 4 sent under sub-regulation (1) at the same
65/1996
reg. 17(b). time that the altered plan is sent to any referral
authority.

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S.R. No. 250/1989 r. 33

33.  Time for Council to certify plan—Sections 6(1) and 6(2)

Subject to regulation 62, the prescribed time under sections 6(1) and 6(2) 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.

34. Form of certification with requirements

The prescribed form for the certification under section 6(1) of a plan when requirements have not been completed or agreements entered into is the form in Form 5. This does not apply to plans referred to in regulation 36.

35.  Form of certification and 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 7. This does not apply to plans referred to in regulation 36.

36. 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 6
when no additional lots are created;7 or

(b) the form in items C and D of Form 6 when additional lots are created and a statement of

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r. 37 S.R. No. 250/1989

compliance is not being issued concurrently

with the certification of the plan; or

(c) the form in items C, D and G of Form 6

when additional lots are created and the plan is to be certified concurrently with the issue of a statement of compliance.

37.  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.

Reg. 37A

inserted by 37A. Time to make a statement under section 36
S.R. No.
65/1996 The prescribed time under section 40(1A) is 49
reg. 18. days from the date a written request is received by
the Council or a referral authority.
Reg. 38
substituted by 38. Council to supply street numbers and lot location
S.R. No. information
65/1996

reg. 19.

Within one month of certification of the plan, the Council must advise the Registrar in the form of Form 21 of information referred to in that form for

each lot on the plan.

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Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 39

PART 4—APPLICATIONS TO THE REGISTRAR

39.  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.

40. Lodged plan to be accompanied by application

When a plan is lodged for registration it must be accompanied by an application to register the plan.

41.  Application for registration of subdivisions, consolidations, easements and restrictions

Reg. 41(1)

(1) The prescribed form for an application to the Registrar under section 22 for the registration of a

amended by

S.R. No. 65/1996

certified plan of consolidation or certified plan of reg. 20(1)(a).
subdivision is the form in Form 9 when made by
an acquiring authority or in the form of Form 8 in
all other cases except for a plan referred to in
regulation 42.8
Reg. 41(1A)

(1A) An application under section 22(1B) for the Registrar to serve a notice under section 22(1C)

inserted by

S.R. No. 65/1996

must be in the form of Form 8A. reg. 20(2).
Reg. 41(2)

(2) The prescribed form for an application to the Registrar under section 22 for the registration of a

amended by

S.R. No. 65/1996

certified plan of creation, removal or variation of reg. 20(1)(b).
an easement under section 23 or 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 10.
Reg. 41(2A)

(2A) The prescribed form for an application to the Registrar under section 22 for the registration of a

inserted by

S.R. No. 65/1996

certified plan of removal or variation of a reg. 20(3).
condition in the nature of an easement in a Crown

17
Subdivision (Procedures) Regulations 1989

r. 41 S.R. No. 250/1989

Grant under section 23 which is not part of a plan of subdivision or plan of consolidation is the form of Form 10.

Reg. 41(2B)

inserted by (2B) The prescribed form for an application to the
S.R. No. Registrar under section 22 for the registration of a
65/1996

reg. 20(3).

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 10A.
Reg. 41(3)
amended by (3) Consent to the creation of an easement or the
S.R. No. creation variation or removal of a restriction is
384/1989
reg. 9, required from any person who is not an applicant
substituted by for registration of a plan by which an easement is
S.R. No.
65/1996 to be created or a restriction is to be created varied
reg. 20(4). or removed but whose land has the benefit or
burden of any such easement or restriction.
Reg. 41(4)
inserted by (4) Sub-regulation (3) does not apply to easements or
S.R. No. restrictions referred to in section 23 or 36 or if the
65/1996
reg. 20(4). Registrar has made a declaration in regard to the
easement or restriction.
Reg. 41(5)
inserted by (5) If a plan relates to the removal or variation of an
S.R. No. easement by consent copies of each consent which
65/1996
reg. 20(4). supported the application for certification must
accompany the application for registration of the
plan.
Reg. 41(6)
inserted by (6) The prescribed form for an application to the
S.R. No. Registrar under section 22 for the registration of a
65/1996

reg. 20(4).

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 under section 24A is in the form of

Form 10B.

18
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 42

(7) The prescribed form for an application to the Registrar under section 22 for the registration of a

Reg. 41(7) inserted by

S.R. No.
certified plan to create a body corporate under 65/1996
section 32B is in the form of Form 10C. reg. 20(4).
Reg. 42
42. Applications to register alterations on a body amended by

corporate plan

S.R. No. 65/1996

The prescribed form for an application to the reg. 21.
Registrar to register a plan resulting from
alterations under section 32 is the form in Form
11.
Reg. 42A
42A. Advice and application concerning vesting dates inserted by
S.R. No.
The prescribed form of advice to the Registrar and 65/1996
application to the Registrar to record a vesting reg. 22.
date under section 35 is the form of Form 9A.

43. Other applications

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 certificate of title or other land description as necessary.

44. Advice concerning amendments to plan

Reg. 44(1)

* * * * * amended by
S.R. No.
384/1989 reg. 10(a),
revoked by
S.R. No.
65/1996
reg. 23.

(2) 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.

19
Subdivision (Procedures) Regulations 1989

r. 45 S.R. No. 250/1989
Reg. 44(3) (3) Any plan referred to in section 32 must refer to
inserted by
S.R. No. the number of the plan it is intended to amend.

384/1989 reg. 10(b).

45. 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.

_______________

20
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 46

PART 5—AMENDING CERTIFIED PLANS PRIOR TO

REGISTRATION

46. Application to amend certified plan

The prescribed form for an application under section 11(1) is the form in Form 12.

47.  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.

48.  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 12 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 12 including the information in

sub-regulation (1) must be forwarded by the plan is sent to the referral authority.

49.  Time for referral authority to reply—Sections 11(3) and 11(4)

The prescribed time under sections 11(3) and
11(4) is 21 days from the date on which the
application was received by the Council.

50.  Form for requiring specified alterations—Section 11(3)

The prescribed form for a requirement under section 11(3) is the form in Form 13.

21
Subdivision (Procedures) Regulations 1989

r. 51 S.R. No. 250/1989

51.  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.

52.  Time for Council to certify or recertify amended plansSection 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.

53.  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 14.

(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 15. 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 6. This does not
apply to plans referred to in sub-regulation (6).

22
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 53

(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 6.

(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 16. 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 6.

_______________

23
Subdivision (Procedures) Regulations 1989

r. 54 S.R. No. 250/1989

PART 6—WORKS AND OTHER REQUIREMENTS

54.  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.

55.  Notation when public open space requirement made—Section 18 (See Appendix examples 10–13)

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.

56. 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 19.

57.  Information to be submitted by owner prior to statement of compliance—Section 21(1)(a)

The prescribed information under section 21(1)(a) is a signed release from each referral authority requiring works under the planning scheme or permit specifying either that the works have been completed, or that satisfactory arrangements have been made between the referral authority and the owner or applicant to complete the works.

58. Form of statement of compliance—Section 21

The prescribed form for a statement of compliance under section 21 is—

(a) the form in Form 7 if the statement is issued

concurrently with the certification under
section 6 of the plan, except for plans
referred to in paragraph (b); or

24
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 59

(b) the form in items C, D and G of Form 6 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 16 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

(d) the form in items C, E, F and G of Form 6 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

Reg. 58(e)

(e) the form of Form 17 for a staged subdivision for all stages including the master plan; or

substituted by

S.R. No. 65/1996

reg. 24.
(f) in all other cases, the form in Form 18.
Reg. 59
59. Registrar records statement of compliance amended by
S.R. No.
The Registrar must record the receipt of a 384/1989
statement of compliance if the statement is in the reg. 11.
form of Form 17 or Form 18.

_______________

25
Subdivision (Procedures) Regulations 1989

r. 60 S.R. No. 250/1989

PART 7—MISCELLANEOUS

60. 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—Plan No. (Insert relevant Plan
Number.)"

(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 relevant Plan Number.)"

Reg. 60(3)

inserted by (3) The name of a body corporate created on the
S.R. No. merger of bodies corporate must be Body
65/1996
reg. 25. Corporate—(insert 1, 2, 3 etc. to identify that it is
a new body corporate) Plan No. (insert a plan
number relevant to one of the prior bodies
corporate).

61. 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;

(c) The name of each referral authority to which the application is referred;

(d) Whether the application is exempt from

referral and the reason;

26
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 62

(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.

62.  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) Section 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

or, if the Minister extends a period under

section 56, the extended period;

27
Subdivision (Procedures) Regulations 1989

r. 63 S.R. No. 250/1989

(c) Section 6(1) and (2) and 11(7)—the time at

which the responsible authority makes its
decision in accordance with section 59 of the
the Planning and Environment Act 1987.

63. 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.

64. 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 20.

65. Reference to Council's seal

Until the coming into operation of section 5(2) of the Local Government Act 1989, a reference in the Schedule to a Council's seal must be read as a reference to the seal of the municipality.

_______________

28
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 r. 66

Pt 8 (Heading

PART 8—TRANSITIONAL PROVISIONS

and regs 66- 69) inserted

by S.R. No.
65/1996

reg. 26. Reg. 66

66. Definitions inserted by
S.R. No.

In this Part—

65/1996 reg. 26.

"amending regulations" means the Subdivision (Procedures) (Miscellaneous Amendments) Regulations 1996;

"procedures regulations" means these

Regulations as in force immediately before
the commencement of the amending

regulations.

Reg. 67

67. Effect of this Part inserted by
S.R. No.

(1) This Part applies despite anything to the contrary in these Regulations or the amending regulations.

65/1996

reg. 26.

(2) This Part must not be taken to affect or take away

from the operation of the Interpretation of
Legislation Act 1984.

Reg. 68
68. Plans inserted by
S.R. No.

(1) Regulations 5, 11, 13, 16, 19, 38 and 58 of the procedures regulations continue to apply to a plan

65/1996

reg. 26.

submitted for certification before the
commencement of the amending regulations as if
the amending regulations had not been made.

(2) Sub-regulation (1) does not prevent an applicant

amending a plan so that it complies with these
regulations as amended by the amending
regulations, and if an applicant does so, those
regulations as so amended apply to the plan.

(3) Regulations 41 and 42 of the procedures

regulations continue to apply to an application for

registration of a plan made before the

29
Subdivision (Procedures) Regulations 1989

r. 69 S.R. No. 250/1989

commencement of the amending regulations as if

the amending regulations had not been made.

Reg. 69

inserted by 69. Forms
S.R. No.
65/1996 (1) If the amending regulations amend, or substitute a
reg. 26. form for, or permit another form to be used
instead of, a form prescribed by the procedures
regulations—
(a) a person may continue to use the old form for 6 months after the commencement of the amending regulations; and
(b) the use of the old form before the commencement of the amending regulations and for 6 months after the commencement of the amending regulations must be taken to be sufficient compliance with any provision of these regulations as amended by the amending regulations that requires the use of the amended substitute or replacement form.

(2) A statement of compliance issued under the

procedures regulations before the commencement
of the amending regulations or not later than 6
months after the commencement of the amending
regulations must be taken to be a statement of
compliance in the prescribed form.

__________________

30
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

SCHEDULE—FORMS

Form 1

Reg 25, 27, 29 Subdivision (Procedure) Regulations 1989

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 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)

Subdivision Act)

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.

31
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

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: It may assist your application to attach:

(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 Subdivision Act 1988)

__________________

32
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 2

Reg 30 Subdivision (Procedures) Regulations 1989

Subdivision Act 1988

SUSPENSION OF REFERRAL TIME PENDING ALTERATIONS

TO PLAN

To: (insert name of Council)

and

To: (insert name of Applicant)

*Plan of Subdivision (insert plan number)

*Plan of Consolidation (insert plan number)

*(other) plan (insert plan number 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

(insert details)

Reasons:

(insert reasons for purpose of section 9(2))

Suspension of time:

Under section 9(4) of the Subdivision Act 1988 the time for consideration of the plan is suspended as from (insert date of this notice) and will resume when the altered plan is submitted to the Council.

*(Signed for the referral authority)*(Sealed by the referral authority) (date)

*Delete if inapplicable

__________________

33
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

Form 3

Reg 31 and 51 Subdivision (Procedures) Regulations 1989

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)*
* Plan of Consolidation (insert plan number)
* (other) plan (insert plan number 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

__________________

34
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 4

Reg 32 Subdivision (Procedures) Regulations 1989

Subdivision Act 1988

RECOMMENCEMENT OF REFERRAL TIME

* To: (insert name of Referral Authority)

* Plan of Subdivision (insert plan number)* * Plan of Consolidation (insert plan number) * (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.

__________________

35
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

Form 5

Reg 34 Subdivision (Procedures) Regulations 1989

*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 1: This form will be used on a plan subject to a requirement.

Note 2: There will be outstanding or other works requirements under section

15 when this form is used.

__________________

36
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 6

Reg 36, 53(3), 53(4), 53(6), 58(b), 58(d) Subdivision (Procedures)

Regulation 1989

*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 need for a Statement of Compliance by section 14 of the
Subdivision Act.

Note 2: An acquisition plan creating additional lots is still subject to section 21—Statement of Compliance.

__________________

37
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

Form 7

Reg 35, 58(a) Subdivision (Procedures) Regulations 1989

*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 1: 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.

__________________

38
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.
Form 8 Form 8
amended by
S.R. Nos
384/1989

Reg 41(1) Subdivision (Procedures) Regulations 1989

reg. 12, 65/1996 reg. 27(a)-(c).

Section 22

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 Act 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 Act must accompany this application (see
form 8A).

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 Act or Regulation 41(3) of the Subdivision (Procedures)

Regulations 1989 must be produced to the Registrar.

39
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

Note 3: This form is also to be used by the applicants acting under section

32A of the Act. Any applications under section 32 of the Act must

be made on Form 11.

__________________

40
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.
Form 8A Form 8A
inserted by
S.R. No.

Reg 41(1A) Subdivision (Procedures) Regulations 1989

65/1996 reg. 28.

Section 22

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) Subdivision Act 1988 for a description of the

person whose consent is required for registration.

__________________

41
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989
Form 9 Form 9
amended by

S.R. No. 65/1996 reg. 29(a)–(d).

Reg 41(l) Subdivision (Procedures) Regulations 1989

Section 22

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.

__________________

42
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.
Form 9A Form 9A
inserted by
S.R. No.

Reg 42A Subdivision (Procedures) Regulations 1989

65/1996 reg. 30.

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). 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: 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.

__________________

43
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989
Form 10 Form 10
substituted by
S.R. No.
65/1996 Reg 41(2)and (2A) Subdivision (Procedures) Regulations 1989
reg. 31.

Section 22

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 under section 22 of the Subdivision Act 1988 for the
registration of 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.

Note 2: The planning permit, the order under section 36 or the amendment to

the planning scheme must be produced to the Registrar.

__________________

44
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 10A

Form 10A inserted by S.R. No.

Reg 41(2B) Subdivision (Procedures) Regulations 1989

65/1996 reg. 32.

Section 22

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 under section 22 of the Subdivision Act 1988 for the registration of 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.

__________________

45
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989
Form 10B FORM 10B
inserted by
S.R. No.
65/1996 Regulation 41(6) Subdivision (Procedures) Regulations 1989
reg. 32.

Section 22

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 Act 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 8A).

Note 2: If any land is to be vested by the plan then the Council must be the

applicant.

__________________

46
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

FORM 10C

Form 10C inserted by S.R. No.

Regulation 41(7) Subdivision (Procedures) Regulations 1989

65/1996 reg. 32.

Section 22

Subdivision Act 1988

To the Registrar:
Plan No.
Application to register a plan to create a body corporate.
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 Act must accompany this

application (see Form 8A).

__________________

47
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989
Form 11 Form 11
amended by

S.R. No. 65/1996 reg. 33(a)(b).

Reg 42 Subdivision (Procedures) Regulations 1989

Section 22 and 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)

__________________

48
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 12

Reg 46, 48 Subdivision (Procedures) Regulations 1989

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 fresh 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 ) (owners consent section 11(1)

Subdivision Act 1988)

*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: This application can not be used to amend a plan once it has been

registered by the Registrar.

Note 2: The original certified plan must be submitted with the application.

49
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

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.

__________________

50
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 13

Reg 50 Subdivision (Procedures) Regulations 1989

Subdivision Act 1988

SUSPENSION OF REFERRAL TIME PENDING ALTERATIONS

TO PLAN

(Amended plans) 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

To: (insert name of Council)
and
To: (insert name of Applicant)
*Plan of Subdivision (insert plan number)
*Plan of Consolidation (insert plan number)
*(other) plan (insert plan number if available)

(insert details)

Reasons:

(insert reasons for purpose of section 11(3))

Suspension of time:

In accordance with section 11(5) of the Subdivision Act 1988 the time for consideration of the altered plan is suspended as from (insert date of this notice) and will resume when the altered plan is submitted.

*(Signed for the referral authority) *(Sealed by the referral authority) (Date)

*Delete if inapplicable

__________________

51
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

Form 14

*RE-CERTIFYING EXISTING PLAN

Reg 53(1) Subdivision (Procedures) Regulations 1989

Re-certified under section 11(7) of the Subdivision Act 1988

*(Council delegate)

*(Council seal)

(Date of recertification) *Delete if inapplicable Note 1: 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.

__________________

52
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 15

*CERTIFYING FRESH PLAN

Reg 53(2) Subdivision (Procedures) Regulations 1989

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 1: There will be outstanding or other works requirements under section

15 when this form is used.

__________________

53
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

Form 16

Reg 53(5), 58(c) Subdivision (Procedures) Regulations 1989

*CERTIFYING FRESH PLAN WITH STATEMENT OF

COMPLIANCE

1. This plan is certified under section 11(7) of the Subdivision Act 1988.
Date of original certification under section 6 / /

2. This is a Statement of Compliance issued under section 21 of the Subdivision Act 1988.

*(Council delegate)

*(Council seal)

(Date of certification under section 11(7))

*Delete if inapplicable

Note 1: This form will be used on subdivisions where no works requirement

has been served as well as on Plans of Consolidation, Plans of be used where a fresh plan is being certified at the completion of the works requirement to incorporate plan amendments concurrently with the issue of a Statement of Compliance.

__________________

54
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.
Form 17 Form 17
substituted by
S.R. No.

Reg 58(e) and Reg 59 Subdivision (Procedures) Regulation 1989

65/1996 reg. 34.

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 lots (insert lot numbers) being stage No. # of a staged subdivision.

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

applies to specified land in a stage. If this is done then the

55
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

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.

__________________

56
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.
Form 18 Form 18
amended by
S.R. No.
65/1996
Reg 58(f), 59 Subdivision (Procedures) Regulations 1989 reg. 35.

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

__________________

57
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989
Form 19 Form 19
amended by
S.R. No. Reg 56 Subdivision (Procedures) Regulations 1989
384/1989
reg. 13,
substituted by Section 20A
S.R. No.
65/1996 Subdivision Act 1988
reg. 36.

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 no.)

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 and the Survey Co-ordination Act 1958.

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) are shown on the attached

supplementary abstract of field records.

* Delete if inapplicable.

Note: Item 3 must be completed if the plan is based on survey.

Licensed Surveyor (Signature)
Name (Print) (date)
Firm Name (If Applicable)

__________________

58
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.

Form 20

REFUSAL

Regulation 64 Subdivision (Procedures) Regulations 1989

Subdivision Act 1988 Plan No.

REFUSAL Application No.

Council

This is a refusal under section (insert either section 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 Subdivision (Procedures)

Regulation 1989).

* (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)
The grounds for appeals by applicants are set out in section 40 of the
Subdivision Act 1988. Appeals are to the Administrative Appeals Tribunal,

(insert address and phone number of the AAT).

59
Subdivision (Procedures) Regulations 1989

Sch. S.R. No. 250/1989

Time limits apply on appeals.

Applicants intending to appeal should determine the current requirement from the Administrative Appeals Tribunal.

__________________

60
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Sch.
FORM 21 Form 21
inserted by
S.R. No.

Reg 38 Subdivision (Procedures) Regulations 1989.

65/1996 reg. 37.

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 38 requires the Council to advise the Registrar of the street number allocated for each lot and other lot location information within one month of certification of the plan.

═══════════════

61
Subdivision (Procedures) Regulations 1989

Notes S.R. No. 250/1989

NOTES

1.

The Subdivision (Procedures) Regulations 1989, S.R. No. 250/1989, were
made by the Governor in Council under section 43 of the Subdivision Act

General Information 30 October 1989: regulation 2.

The Subdivision (Procedures) Regulations 1989 will sunset on 16 October 2000: see Subordinate Legislation (Subdivision (Procedures) Regulations 1989—Extension of Operation) Regulations 1999, S.R. No. 119/1999.

62
Subdivision (Procedures) Regulations 1989

S.R. No. 250/1989 Notes

2.  Table of Amendments

This Version incorporates amendments made to the Subdivision (Procedures)
Regulations 1989 by Statutory Rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Subdivision (Procedures)(Amendment) Regulations 1989, S.R. No. 384/1989
Date of Making:  19.12.89
Date of Commencement:  19.12.89

Subdivision (Procedures)(Miscellaneous Amendments) Regulations 1996,

S.R. No. 65/1996

Date of Making:  16.7.96
Date of Commencement:  16.7.96

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

63
Subdivision (Procedures) Regulations 1989

Notes S.R. No. 250/1989

3.  Explanatory Details

1 Reg. 6: Standards for the drawing of plans are set out in the Survey Practice

Handbook prepared by the Surveyors Board under section 32(1) of the
Surveyors Act 1978 and published from time to time.
2 Reg. 7(2): The Subdivision (Registrar's Fees) Regulations 1993 prescribed
a fee for the supply of plan numbers.
3 Reg. 14: 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.

4 Reg. 18(1): Most easements will be created by the plan itself under section
12 and the additional material will not be required.
5 Reg. 19(f): Special rules may be made and recorded on the plan at any time
after it is registered.
6 Reg. 26: The Council must send a copy of the altered plan to the referral
authority.
7 Reg. 36(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.)
8 Reg. 41(1): See regulation 6 of the Transfer of Land (General) Regulations
1994 for the standard of preparation of application.

64

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