Div 3Deposit of community plan

Division 3—Deposit of community plan 22—Deposit of community plan (a) application is made for the division of land by a community plan in accordance with this Act; and (b) the requirements made by or under this Act in relation to the application have been satisfied; and (c) the plan conforms with the requirements of this Act, the Registrar-General must deposit the plan in the Lands Titles Registration Office and assign a number to it. (2) The Registrar-General must file the following documents with a plan deposited under subsection (1)— (a) the scheme description (except in the case of certain small schemes where a scheme description is not required—see section 15); and (b) the by-laws that will apply in relation to the scheme; and (c) the development contract or contracts (if any). (3) On the deposit of a community plan under subsection (1)— (a) an appropriate note must be entered on the certificate or certificates of title for the land to which the plan relates; and (b) the existing certificate or certificates for the land must then be cancelled and new certificates issued for the lots and common property created by the plan. (4) A certificate of title for a lot or common property must state that the land comprised in the certificate is part of a community parcel which must be identified by reference to the number of the community plan. (5) Where land comprising an allotment is divided by a plan of community division, the land ceases to comprise an allotment upon deposit of the plan. 23—Vesting etc of lots etc on deposit of plan (1) On deposit of a plan of community division— (a) the common property vests in the owners of the community lots but the certificate of title for the common property will be issued in the name of the community corporation; (b) if immediately before division the land divided comprised one allotment or two or more allotments owned by the same person, the lots will vest in that person and certificates for the lots will be issued in that person's name; (c) if immediately before division the land divided comprised one or more allotments owned by more than one person, the lots will vest in one or two or more of those persons in the manner stated by the application and the certificates for the lots will be issued accordingly; (d) if the land divided comprises a primary or secondary lot, the lots created by the plan will vest in the owner of the primary or secondary lot. (2) Where a plan, or the application for division, states that an estate or interest in land (not being an estate in fee simple in the common property or a lot) is vested in a person, deposit of the plan in the Lands Titles Registration Office operates to vest the estate or interest in that person to the extent to which it is not already vested in him or her. (3) Where a plan, or the application for division, states that an estate or interest in land is discharged or otherwise extinguished whether wholly or in respect of part only of that land, deposit of the plan in the Lands Titles Registration Office operates to discharge or otherwise extinguish that estate or interest wholly or in respect of that part of the land. (4) Where the deposit of a plan will operate to vest an encumbrance (other than an easement referred to in section 25) in a person, the terms on which the encumbrance will be held must be specified by including them in, or attaching them to, the application for division or by reference to another registered instrument. (5) Where an easement is vested on deposit of a plan, the plan (or another plan referred to in the plan) must delineate the easement and the plan, or the application for division, must specify which land is the dominant land (if any) and which land is the servient land in respect of the easement. (6) Subject to this section, where land divided by a community plan is subject to a registered easement or a registered lease— (a) in the case of an easement—the easement; and (b) in the case of a lease—the lease and any encumbrance registered in relation to the lease, will be registered on the relevant certificates of title issued under this section. (7) Subject to this section, where land divided by a community plan is subject to a registered encumbrance (other than a statutory encumbrance, an easement or a lease or encumbrance registered in relation to a lease) that is to continue after the deposit of the plan, the encumbrance— (a) will be registered on the certificate of title for each lot; but (b) will not be registered on the certificate for the common property and the encumbrance will be taken to be discharged to that extent. (8) The Registrar-General must, in relation to a statutory encumbrance, make such notes or other endorsements on the certificate of title for any lot, or for the common property, as may be appropriate according to the nature and extent of the encumbrance. (9) Where duty is payable under the Stamp Duties Act 1923 in relation to two or more transactions that will be effected by deposit of a plan of community division, each of the transactions will be taken to be effected by a separate instrument for the purposes of assessing duty. 24—Easements for support, shelter, services and projections (1) The following easements exist between the lots and between the lots and common property, to the extent required by the nature of the community scheme or by the nature of the buildings or other improvements erected on, or made to, the community parcel (whether before or after deposit of the community plan)— (a) easements of support1 and shelter; (b) easements for the establishment, maintenance and repair of the service infrastructure; (c) easements for the provision of the following services by means of the service infrastructure— (i) the supply of water, gas, electricity, heating oil or air-conditioned air; and (ii) ventilation; and (iii) the transmission of telephonic, radio, computer and television signals; and (iv) the removal of sewage and the drainage and water; and (v) the removal or disposal of garbage and waste; and (vi) the provision of any other similar service; (d) easements for the projection of window sills, windows, window awnings, eaves, guttering and other minor parts of a building. (2) An easement for the support or shelter of a building or other improvement does not arise under subsection (1) if the building or other improvement was erected or made after the deposit of the community plan (or, in the case of a development lot, after the division of the development lot by amendment of the community plan) unless— (a) the building or other improvement is erected or made pursuant to a development contract; or (b) the building or other improvement provides support or shelter for the building or improvement from which it is to receive support or shelter. (3) An easement for projections only arises under subsection (1)(d) in respect of— (a) a building erected before the deposit of the community plan or, in the case of a development lot, before the division of the development lot by amendment of the community plan; or (b) a building erected pursuant to a development contract. (4) The cables, wires, pipes, sewers, drains, ducts, plant and equipment comprising the service infrastructure will be located— (a) in the positions specified in the plan of community division; or (b) if no position has been specified—in the position agreed by the owners of the land affected or if they cannot reach agreement, the position determined by the appropriate court under Part 14. (5) Where a cable, wire, pipe, sewer, drain, plant or equipment was laid or installed before the plan of community division was deposited, the owners of the land affected will be taken to have agreed to the position in which the cable, wire, pipe, sewer, drain, plant or equipment was laid or installed. 1 An example of an easement for support created by subsection (1) is the right to use a party wall for the support of floors, ceilings, roofs etc. 25—Easements in favour of Government instrumentalities Section 223LG of the Real Property Act 1886 applies in relation to a plan of community division deposited in the Lands Titles Registration Office as though it were a plan of division deposited under Part 19AB of that Act. 26—Vesting of certain land in council etc (1) Any land that comprises part of the land divided by a deposited plan of community division but that is not common property or part of a lot and is shown on the plan as a street, road, thoroughfare, reserve or similar open space— (a) is vested in fee simple in the council for the area in which the community parcel is situated; or (b) where the parcel is not within the area of a council— (i) if provision is made by the regulations for the land to vest in an authority prescribed by the regulations—vests in that authority; or (ii) in any other case—reverts to the Crown. (2) All land shown on a deposited plan of community division as a street, road, thoroughfare, reserve or other similar open space that vests in a council or other authority or reverts to the Crown under this section— (a) must be held for the purposes indicated by the plan; and (b) is subject to such easements (excluding rights-of-way in the case of a street, road or thoroughfare) as are indicated on the plan; and (c) is free of all other estates and interests. (3) All land shown on a deposited plan of community division as a street, road, or thoroughfare that vests in a council or other authority or reverts to the Crown under this section will, for all purposes, be regarded as a public street, road, or thoroughfare. (4) Compensation is not payable in respect of the vesting or reversion of land under this section. (5) An easement that is appurtenant to land shown on a deposited plan of community division as a street, road, thoroughfare, reserve or other similar open space that vests in a council or other authority or reverts to the Crown under this section ceases to be appurtenant to that land upon deposit of the plan in the Lands Titles Registration Office unless the plan shows that the easement will remain appurtenant to that land. 27—Encroachments (1) If it appears from a community plan that any part of a building encroaches over land not included in the community parcel, the plan can only be deposited if— (a) no part of a lot to be created by the plan forms part of the encroachment; and (b) — (i) the encroachment is over land vested in, or under the control or management of, a council and the council consents to the encroachment; or (ii) the encroachment consists of the protrusion of footings, or footings and associated structures of a nature prescribed by regulation, by not more than the distance prescribed by regulation beyond the boundaries of the parcel, and the owner of the land over which the encroachment occurs consents to the encroachment; or (iii) it is established to the Registrar-General's satisfaction that the encroachment is otherwise authorised by law. (2) Where an application affected by an encroachment is granted by the Registrar-General— (a) the Registrar-General will, on the deposit of the plan, enter the encroachment on any relevant certificate of title or on any relevant instrument registered in the General Registry Office; and (b) any consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.