Part III Proposals for subdivision

(1) In this Part a reference to a unit shall be read as a reference to:

(a) a part of the parcel, being part of a building, bounded by reference to floors, walls and ceilings, or such part of the parcel together with land in the parcel whether or not that land is contiguous to the part;

(b) a part of the parcel, being a part containing a building or part of a building and being unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below, ground level by another part of the parcel, or such a part of the parcel together with land in the parcel which is not contiguous to the part; or

(c) in the case of an estate development, a part of the parcel unlimited in its vertical dimensions.

(2) In this Part a reference to parcel is to be read as including a reference to a building lot.

(1) The registered proprietor of:

(a) an estate in fee simple in land;

(b) a lease granted under the Crown Lands Act 1992; or

(c) a building lot,

may, in respect of that parcel of land, apply to the Surveyor-General for approval of proposals for the subdivision of the parcel under this Act.

(2) The proposals shall provide for the subdivision of the parcel into units and common property.

(1) The proposals shall include:

(a) diagrams showing the manner in which it is proposed to subdivide the parcel and allotting to each unit a number;

(b) a schedule certified by a valuer specifying:

(i) in respect of each unit – the unit entitlement for that unit; and

(ii) the aggregate unit entitlement proposed for all the units; and

(c) where the proposals provide for the erection or alteration of, or an addition to, a building – a copy of the plans and specification for the erection, alteration or addition.

(3) If a lease has been granted under the Crown Lands Act 1992 for the whole or part of the parcel, the proposal must be accompanied by:

(a) the written consent of the Minister administering that Act to the proposed subdivision; and

(b) any other documents required by the Registrar-General for the conversion of the interest in the lease into an estate in fee simple.

(1) The diagrams referred to in section 11(1)(a) shall include:

(a) a location plan and a floor plan in respect of the parcel;

(b) where the proposals provide for a building to be so subdivided that one unit is wholly or partly above another unit – a separate diagram for each floor of the building showing sufficient particulars, at floor level, from which the vertical boundaries of each unit on that floor are ascertainable, without necessarily specifying any bearings or dimensions;

(c) where the proposals provide for a building to be subdivided into 2 or more units otherwise than in the manner referred to in paragraph (b) – a diagram showing sufficient particulars, at floor level, from which the vertical boundaries of each unit are ascertainable without necessarily specifying any bearings or dimensions; and

(d) where the proposals provide for a unit referred to in section 9(b) that is limited in its vertical dimensions by a projection above, or encroachment below, ground level by another part of the parcel – a statement on the diagram on which the unit is shown to the effect that the unit is so limited and stating the nature of the limitation.

(2) Except in the case of a proposed estate development, a diagram referred to in subsection (1)(b) or (c) shall show the approximate floor area of each unit.

(4) Subject to subsection (1)(b) one or more diagrams referred to in that subsection may be combined.

(1) Subject to section 16, the Surveyor-General shall:

(a) in respect of an application for approval to subdivide a parcel of land held in fee simple – approve the proposals; or

(b) in respect of an application for approval to subdivide a parcel of leasehold land – approve the proposal on the condition that:

(i) the registered proprietor is not in breach of a covenant contained in the lease, or a section of the Act under which that lease was granted, in respect of that lease; and

(ii) the registered proprietor will obtain a grant of an estate in fee simple in the parcel of land under the Crown Lands Act 1992.

(2) Where the registered proprietor of a parcel of land is in breach of a covenant or section referred to in subsection (1)(b), the Surveyor-General may, in his discretion, approve the proposals.

The Surveyor-General shall not approve the proposals unless:

(b) the schedule of unit entitlement is certified by a valuer; and

(c) the proposals conform to sections 9 to 15 inclusive; and

(d) a development permit or exceptional development permit has been issued under the Planning Act 1999 indicating:

(i) the consent of the relevant consent authority under that Act to the subdivision of the land in accordance with the proposals; and

(ii) that the determination to which the consent relates is conditional on the applicant's compliance with the provisions in the proposals.

An approval under section 15 shall, in the case of proposals referred to in section 11(1)(c), be expressed to be subject to the condition that:

(a) the erection or alteration of, or addition to, the building will be completed in accordance with the proposals; and

(b) where the proposals relate to a parcel of leasehold land – the application for a grant of an estate in fee simple under the Crown Lands Act 1992 will be made after the completion of the erection or alteration of, or addition to, the building,

within such time as is specified in the approval or within such extended time as the Surveyor-General from time to time allows.

Where the Surveyor-General has approved the proposals, he shall cause to be forwarded to the proprietor of the parcel notice in writing that he has approved the proposals or, if the approval is subject a specified condition that he has approved the proposals subject to that condition being complied with.

Where a conditional approval has been granted, the Surveyor-General shall, on an application made for the purpose by the proprietor of the parcel, give his final approval to the proposals if the conditions have been complied with but, in any other case, the Surveyor-General may, in his discretion, grant or refuse to grant final approval of the proposals.

(1) Where approval, not being a conditional approval, of the proposals has been granted or, a conditional approval having been granted, final approval of the proposals has been granted under section 19, the proprietor of the parcel may submit to the Surveyor-General for endorsement under this section:

(a) in the case of a unit development or condominium development – diagrams showing the subdivision in accordance with the proposals as so approved;

(aa) in the case of an estate development – a plan of survey prepared by a licensed surveyor showing the subdivision in accordance with the proposals as so approved; and

(b) the schedule of unit entitlement certified by a valuer as so approved;

prepared in accordance with the requirements of the Real Property (Unit Titles) Act 1975.

(2) Each sheet of the document referred to in subsection (1) shall be signed by the proprietor of the parcel.

(3) There shall be endorsed on the location plan or floor plan referred to in section 12(1)(a) a certificate by a licensed surveyor, on the appropriate form prescribed under the Real Property (Unit Titles) Act 1975.

(4) The Surveyor-General shall make on the appropriate form prescribed by the Real Property (Unit Titles) Act 1975 an endorsement that the documents are approved for registration under that Act and affix his signature to, and note the date of, that endorsement and affix his signature to and date each other sheet of the documents, unless:

(a) any alteration of, or addition to, a building on the parcel has occurred since the proposals were approved by him; or

(c) the documents submitted to him are not in accordance with the proposals as approved by him.

(1) An endorsement made under section 20 ceases to have effect:

(a) on the expiry of the period of 3 months after the date on which it was made, unless the units plan is lodged with the Registrar-General under the Real Property (Unit Titles) Act 1975 within that period; or

(b) if the units plan is so lodged within that period and is subsequently withdrawn under section 20 of that Act – when the endorsement is made by the Registrar-General under that section.

(2) If an endorsement so ceases to have effect, the proprietor of the parcel may again submit the documents to the Surveyor-General for endorsement under section 20, whereupon that section and this section apply as if the previous endorsement had not been made.