52Registration of plan

52 Registration of plan (1) A plan of subdivision or a plan of consolidation (the plan) must: (a) distinctly show all roads, streets, passages, courts, alleys, thoroughfares, cul-de-sacs, squares, parks, water or drainage reserves, reserves or similar open spaces that are to be dedicated to public use; and (b) show all proposed easements and easements in gross for each proposed lot; and (c) identify any benefit or burden of covenants for each proposed lot; and (d) mark each proposed lot with a distinct number. (2) The Registrar-General must not register the plan unless: (a) each registered owner and mortgagee, in relation to the lot to be subdivided, or a lot to be consolidated, has consented to the plan; and (b) a development permit has been issued under the Planning Act 1999 for the subdivision or consolidation. (3) Without limiting subsection (2), the Registrar-General may refuse to register the plan unless consents to the plan are provided by: (a) the lessee under any lease; (b) a person who has rights against the lot to be subdivided, or a lot to be consolidated, under a registered writ of execution; (c) a caveator under a caveat affecting any estate or interest in the lot to be subdivided, or a lot to be consolidated; (d) a person with an interest under an easement; (e) a person with an interest under a restrictive covenant; or (f) any other registered proprietors of any interest in or in respect of the lot to be subdivided, or a lot to be consolidated. (4) The Registrar-General must not require a consent referred to in subsection (3) unless he or she is of the view that the rights under law of a person would be adversely affected by registering the plan. (5) In determining whether the rights of a person are affected, the Registrar-General must have regard to the Registrar-General's

Land Title Act 2000 35 (6) The Registrar-General may without giving notice to any person, dispense with the requirement for a person to give his or her consent under this section on receiving from the person seeking to register the plan: (a) a written application; and (b) an indemnity that the Registrar-General considers appropriate. (7) Nothing in this section affects or prejudices a remedy that a person has because of the registering of the plan without the person having given his or her consent. (8) If the remedy is an action in damages, the damages with costs may be recovered against the Registrar-General if: (a) the person against whom the remedy is available ceases to be liable to pay damages; or (b) the person who is liable to pay the damages is bankrupt, insolvent or cannot be found within Australia. (9) If the remedy is an action in damages and a person has failed to ensure that the address for the service of notices is accurate, the person is to be taken to have contributed to his or her loss and the court must take that into account in assessing damages. (10) The Registrar-General must not register a dealing that puts a subdivision or consolidation into effect unless there is a consent granted under Part 5 of the Planning Act 1999 in relation to the subdivision. (11) Without limiting the meaning of rights under law in subsection (4), a person's rights under a registered interest in land are, whilst the person retains the power to enforce those rights, not affected by the fact that a subdivision or consolidation of the land may increase the potentiality of a use of the land that may affect the person's use or enjoyment of any land. Note Some of the provisions in this section are applied (with changes) for the registration of a document relating to a subdivision or consolidation under the Unit Titles Act 1975 for section 7 or 9DA of the Real Property (Unit Titles) Act 1975.