sec.98Application may not be made about particular matters

### sec.98 Application may not be made about particular matters An application may not be made under this division if the application— relates to only a part of a lot; or is for a lot that may be created in the future by the registration of a plan of subdivision; or is for a lot the registered owner of which is— the State or another entity representing the State; or a local government; or relates to possession arising out of an encroachment. In this section— encroachment means— an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or the enclosure of a part of a lot with another lot, if— the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision. s 98 sub 2005 No. 68 s 81 amd 2023 No. 27 s 289 sch 3 (sec.98-ssec.1) An application may not be made under this division if the application— relates to only a part of a lot; or is for a lot that may be created in the future by the registration of a plan of subdivision; or is for a lot the registered owner of which is— the State or another entity representing the State; or a local government; or relates to possession arising out of an encroachment. (sec.98-ssec.2) In this section— encroachment means— an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or the enclosure of a part of a lot with another lot, if— the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision. - (a) relates to only a part of a lot; or - (b) is for a lot that may be created in the future by the registration of a plan of subdivision; or - (c) is for a lot the registered owner of which is— (i) the State or another entity representing the State; or (ii) a local government; or - (i) the State or another entity representing the State; or - (ii) a local government; or - (d) relates to possession arising out of an encroachment. - (i) the State or another entity representing the State; or - (ii) a local government; or - (a) an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or - (b) the enclosure of a part of a lot with another lot, if— (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision. - (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and - (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision. - (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and - (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.