sec.50Requirements for registration of plan of subdivision

### sec.50 Requirements for registration of plan of subdivision A plan of subdivision must— distinctly show all roads, non-tidal watercourses, lakes and proposed lots that are to be public use land; and include a statement agreeing to the plan and dedicating the public use land by— the registered owner; or if the mortgagee of the registered owner is in possession—the mortgagee in possession; and show all proposed lots marked with separate and distinct numbers; and distinctly show all proposed common property; and show all proposed easements marked with separate and distinct letters; and comply with the Survey and Mapping Infrastructure Act 2003 ; and be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and have been approved by the relevant planning body, unless the plan of subdivision provides only for— the amalgamation of 2 or more lots to create a smaller number of lots; or the redefinition of a lot on a resurvey; or under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and if the plan of subdivision provides for the division of 1 or more lots, or the dedication of land to public use—have been approved by the relevant planning body; and be consented to by all registered mortgagees of each lot the subject of the plan and all other registered proprietors whose interests are affected by the plan; and if the plan affects land subject of a conservation agreement under the Nature Conservation Act 1992 —be consented to, in writing, by the chief executive of the department in which that Act is administered; and if the plan affects land in the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 —be consented to, in writing, by the executive director of the Wet Tropics Management Authority under that Act. If the plan of subdivision is to give effect to a surrender under the Land Act 1994 , section 55 , of all or part of land contained in a deed of grant in trust, the plan of subdivision— must be endorsed with or accompanied by the written approval of the Minister under that section; and need not have been approved by the relevant planning body as would otherwise be required under subsection (1) (h) or (i) . Subsection (1) (h) and (i) does not apply to a plan of subdivision that, other than for this subsection, would have been required to have been approved by the relevant planning body if— for a plan that, other than for this subsection, would have required approval by MEDQ—the plan is not a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) ; or for a plan that, other than for this subsection, would have required approval by the relevant local government—the plan is not a plan for which a process for approving the plan is provided under the Planning Act . Also, subsection (1) (h) and (i) does not apply to a plan of subdivision that, under a provision of another Act, is a plan that is not required to be approved by the relevant planning body. If a plan of subdivision is approved as mentioned in subsection (1) (h) or (i) under the Economic Development Act 2012 , section 104 or the Planning Act , the plan must be lodged for registration within 6 months after the approval. In this section— relevant planning body means— if the proposed lots are in a priority development area—MEDQ; or if the proposed lots are in a State development area and the subdivision is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government. s 50 amd 1994 No. 33 s 6 (retro); 1994 No. 81 s 527 sch 5 ; 1997 No. 28 s 295 sch 3 ; 2003 No. 6 s 149 ; 2004 No. 4 s 57 sch ; 2003 No. 70 s 206 sch 2 ; 2005 No. 68 s 65 ; 2007 No. 41 s 238 ; 2007 No. 19 s 206 ; 2009 No. 36 s 872 sch 2 ; 2009 No. 51 s 56 ; 2010 No. 21 s 22 ; 2012 No. 43 s 221 sch 1 ; 2013 No. 23 s 113 ; 2013 No. 17 s 40 ; 2014 No. 40 s 154 s ch 1 pt 1 ; 2016 No. 27 s 292 ; 2019 No. 8 s 59 ; 2023 No. 6 s 127 ; 2024 No. 12 s 94 (sec.50-ssec.1) A plan of subdivision must— distinctly show all roads, non-tidal watercourses, lakes and proposed lots that are to be public use land; and include a statement agreeing to the plan and dedicating the public use land by— the registered owner; or if the mortgagee of the registered owner is in possession—the mortgagee in possession; and show all proposed lots marked with separate and distinct numbers; and distinctly show all proposed common property; and show all proposed easements marked with separate and distinct letters; and comply with the Survey and Mapping Infrastructure Act 2003 ; and be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and have been approved by the relevant planning body, unless the plan of subdivision provides only for— the amalgamation of 2 or more lots to create a smaller number of lots; or the redefinition of a lot on a resurvey; or under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and if the plan of subdivision provides for the division of 1 or more lots, or the dedication of land to public use—have been approved by the relevant planning body; and be consented to by all registered mortgagees of each lot the subject of the plan and all other registered proprietors whose interests are affected by the plan; and if the plan affects land subject of a conservation agreement under the Nature Conservation Act 1992 —be consented to, in writing, by the chief executive of the department in which that Act is administered; and if the plan affects land in the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 —be consented to, in writing, by the executive director of the Wet Tropics Management Authority under that Act. (sec.50-ssec.2) If the plan of subdivision is to give effect to a surrender under the Land Act 1994 , section 55 , of all or part of land contained in a deed of grant in trust, the plan of subdivision— must be endorsed with or accompanied by the written approval of the Minister under that section; and need not have been approved by the relevant planning body as would otherwise be required under subsection (1) (h) or (i) . (sec.50-ssec.3) Subsection (1) (h) and (i) does not apply to a plan of subdivision that, other than for this subsection, would have been required to have been approved by the relevant planning body if— for a plan that, other than for this subsection, would have required approval by MEDQ—the plan is not a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) ; or for a plan that, other than for this subsection, would have required approval by the relevant local government—the plan is not a plan for which a process for approving the plan is provided under the Planning Act . (sec.50-ssec.4) Also, subsection (1) (h) and (i) does not apply to a plan of subdivision that, under a provision of another Act, is a plan that is not required to be approved by the relevant planning body. (sec.50-ssec.5) If a plan of subdivision is approved as mentioned in subsection (1) (h) or (i) under the Economic Development Act 2012 , section 104 or the Planning Act , the plan must be lodged for registration within 6 months after the approval. (sec.50-ssec.6) In this section— relevant planning body means— if the proposed lots are in a priority development area—MEDQ; or if the proposed lots are in a State development area and the subdivision is regulated by an approved development scheme—the Coordinator-General; or otherwise—the relevant local government. - (a) distinctly show all roads, non-tidal watercourses, lakes and proposed lots that are to be public use land; and - (b) include a statement agreeing to the plan and dedicating the public use land by— (i) the registered owner; or (ii) if the mortgagee of the registered owner is in possession—the mortgagee in possession; and - (i) the registered owner; or - (ii) if the mortgagee of the registered owner is in possession—the mortgagee in possession; and - (c) show all proposed lots marked with separate and distinct numbers; and - (d) distinctly show all proposed common property; and - (e) show all proposed easements marked with separate and distinct letters; and - (f) comply with the Survey and Mapping Infrastructure Act 2003 ; and - (g) be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and - (h) have been approved by the relevant planning body, unless the plan of subdivision provides only for— (i) the amalgamation of 2 or more lots to create a smaller number of lots; or (ii) the redefinition of a lot on a resurvey; or (iii) under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and - (i) the amalgamation of 2 or more lots to create a smaller number of lots; or - (ii) the redefinition of a lot on a resurvey; or - (iii) under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and - (i) if the plan of subdivision provides for the division of 1 or more lots, or the dedication of land to public use—have been approved by the relevant planning body; and - (j) be consented to by all registered mortgagees of each lot the subject of the plan and all other registered proprietors whose interests are affected by the plan; and - (k) if the plan affects land subject of a conservation agreement under the Nature Conservation Act 1992 —be consented to, in writing, by the chief executive of the department in which that Act is administered; and - (l) if the plan affects land in the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 —be consented to, in writing, by the executive director of the Wet Tropics Management Authority under that Act. - (i) the registered owner; or - (ii) if the mortgagee of the registered owner is in possession—the mortgagee in possession; and - (i) the amalgamation of 2 or more lots to create a smaller number of lots; or - (ii) the redefinition of a lot on a resurvey; or - (iii) under the BCCM Act , chapter 2 , part 3 , division 2 , the incorporation of a lot with common property or conversion of lessee common property within the meaning of that Act; and - (a) must be endorsed with or accompanied by the written approval of the Minister under that section; and - (b) need not have been approved by the relevant planning body as would otherwise be required under subsection (1) (h) or (i) . - (a) for a plan that, other than for this subsection, would have required approval by MEDQ—the plan is not a plan of subdivision as defined in the Economic Development Act 2012 , section 104 (3) ; or - (b) for a plan that, other than for this subsection, would have required approval by the relevant local government—the plan is not a plan for which a process for approving the plan is provided under the Planning Act . - (a) if the proposed lots are in a priority development area—MEDQ; or - (aa) if the proposed lots are in a State development area and the subdivision is regulated by an approved development scheme—the Coordinator-General; or - (b) otherwise—the relevant local government.