South Australian Consolidated Acts South Australian Consolidated ActsSchedule 1—Transitional provisions
(a) a
plan of resubdivision has been deposited or accepted for filing in the Lands
Titles Registration Office under a previous enactment relating to the division
of land and certificates of title in respect of some or all of the allotments
created by the plan have not been issued because a condition for issue has not
been satisfied; and
(b) the
Registrar-General has served notice in writing on the proprietor of the land
(and on such other persons as is required by regulation) that he or she
intends cancelling the plan, or that part of the plan to which the condition
relates, at the expiration of the period (being at least two months) specified
in the notice,
the Registrar-General may cancel the plan, or the relevant part of it, if the
condition has not been satisfied at the expiration of that period.
(2) Where—
(a) a
plan of resubdivision has been deposited or accepted for filing in the Lands
Titles Registration Office under a previous enactment relating to the division
of land and certificates of title have not been issued in respect of some or
all of the allotments created by the plan because a condition for issue has
not been satisfied or for any other reason; and
(b) the
proprietor of the land to which the plan, or the relevant part of the plan,
relates has applied to the Registrar-General for cancellation of the plan, or
the relevant part of it; and
(c) the
persons whose consents are required by regulation have consented to the
application,
the Registrar-General may cancel the plan or the relevant part of it.
(3) Where a plan, or
part of a plan, is cancelled under this clause, all plans of resubdivision, or
parts of such plans, affecting the same land that have been deposited or
accepted for filing in the Lands Titles Registration Office under a previous
enactment since the division on which the currently issued certificate of
title for the land is based will be taken to have been cancelled.
(4) Fees and
contributions in relation to open space paid in respect of a plan, or part of
a plan, of resubdivision cancelled by or under this clause are forfeited.
(5) In this
clause—
plan of resubdivision means a plan of re-subdivision or a plan of subdivision
as defined in the Planning and Development Act 1966 and includes a plan
deposited or accepted for filing in the Lands Titles Registration Office
before the commencement of that Act that satisfies the definition of either of
those terms in that Act;
previous enactment means an Act in force before the commencement of the
Real Property Act Amendment Act 1982 .
2 (1) Subject to this
Schedule, the Registrar-General must deal with an application for the division
of land made before the commencement of the Real Property (Miscellaneous)
Amendment Act 1994 as though that amending Act had not come into
operation.
(2) A certificate of
approval issued under section 223LF or 223LG before the repeal of those
sections by the Statutes Repeal and Amendment (Development) Act 1993 and
a certificate issued by the Development Assessment Commission under section 51
of the Development Act 1993 before the commencement of the Real Property
(Miscellaneous) Amendment Act 1994 will expire on the second anniversary
of the commencement of that Act unless the Registrar-General extends the life
of the certificate.
(3) The
Registrar-General must not deposit a plan of division in the Lands Titles
Registration Office pursuant to an application referred to in
subclause (1) if a certificate referred to in subclause (2) on which
the application depends has expired under that subclause.
(4) If the
Registrar-General is unable to deposit a plan of division pursuant to an
application referred to in subclause (1) because a certificate referred
to in subclause (2) has expired, the Registrar-General must reject the
application and all instruments and other documents that depend on the deposit
of the plan of division pursuant to the application.
3 (1) Subject to
subclause (2), where an easement is appurtenant to land shown on a plan
of division as a street, road, thoroughfare, reserve or other similar open
space and the plan—
(a) was
deposited in the Lands Titles Registration Office under Part 19AB before the
commencement of the Real Property (Miscellaneous) Amendment Act 1994 ; or
(b) was
deposited or accepted for filing in the Lands Titles Registration Office under
a corresponding previous enactment; or
(c) is
deposited after the commencement of the Real Property (Miscellaneous)
Amendment Act 1994 but as though it had not come into operation (see
clause 2(1)),
the easement ceases, or will be taken to have ceased, to be appurtenant to
that land upon deposit of the plan in the Lands Titles Registration Office.
(2) Subclause (1)
does not apply if it was a condition or requirement of the relevant planning
authorisation or the intention at the time of deposit or acceptance for filing
of the plan that the easement should remain appurtenant to the land.
4 (1) Notwithstanding
the repeal of the Planning and Development Act 1966 , Part 6 of that Act,
and the regulations relevant to that Part, continue to apply in relation to a
plan of division that had been approved under that Act, or in respect of which
an application had been made, before the commencement of the Real Property Act
Amendment Act 1982 .
(2) A plan of division
referred to in subclause (1) cannot be deposited or accepted for filing
by the Registrar-General if the development approval granted in relation to
the plan has lapsed under section 26 of the Statutes Repeal and Amendment
(Development) Act 1993 .
(3) For the purposes
of the continued application of Part 6 of the Planning and Development
Act 1966 , and the regulations relevant to that Part, under
subclause (1), references to the Director will be construed as references
to the Presiding Member of the Development Assessment Commission.
division includes subdivision and resubdivision.