Local Government (Building and Miscellaneous Provisions) Act 1993
In ForceTAS
Jurisdiction
Tasmania
Act Number
96 of 1993
Collection
act
Plain English Summary
8/10 complexity
This Act sets out how local building and subdivision matters are handled in municipal areas: who runs the rules, how subdivision plans are approved, sealed and registered, what owners and councils must provide (roads, public open space, minimum lot sizes), and some related powers (preservation orders, advertising licences, council employee long service leave). It matters to landowners, developers, councils, surveyors and title offices because it creates administrative steps, obligations, compensation rules and timelines that affect property transactions, costs and project scheduling.
This statute governs the process, technical requirements and administrative procedures for subdividing land, recording subdivision plans, and certain miscellaneous local government matters in Tasmania. Mechanically it:
Defines key terms and allocates administration to the Minister for Local Government and the Department responsible (Part 1, ss 3-4).
Establishes a statutory regime for subdivision approvals: owners must not subdivide except under a previously approved plan or a plan approved by permit under the Land Use Planning and Approvals Act 1993 (s 81). The Act sets out the council's powers to require sale or marking of land for public open space or drainage (s 83), to refuse unsuitable subdivisions (s 85), and to require and take securities for works and payments before approving plans (s 86).
Prescribes the process for preparing, lodging and sealing final plans and the Recorder of Titles' role in accepting sealed plans and bringing land under the Land Titles Act 1980 (ss 87-94). There are express rules and deadlines for "Priority Final Plan" lodgements (s 88(2)) and mandatory steps for councils and the Recorder (s 89).
Provides for the effect of sealed plans when accepted by the Recorder, including dedication of ways, creation and vesting of easements and obligations to comply with plan restrictions (ss 94-101).
Regulates minimum lot sizes and what qualifies as a minimum lot or an equivalent (s 109), procedures for sub-minimum lots and the means to achieve minimum-lot outcomes (ss 111-115).
Deals with public open space requirements and the council's rights and obligations where the amount of land set aside for public open space is increased between plan and final plan (ss 116-117).
Enables councils to amend sealed plans, and sets procedures for notice, hearing and compensation where variations adversely affect persons (ss 103-105).
Current sections
Direct links to the current provisions in Local Government (Building and Miscellaneous Provisions) Act 1993.
erect includes construct and commence, carry on or complete;
expenses in relation to a council includes –
(a) the salaries and wages of its employees; and
(b) the compensation, purchase money or rent payable for land; and
(c) the cost of materials used, and the consideration payable under any contract, in connection with any work, undertaking or duty which the council is empowered or required to undertake under this Act; and
(d) the reasonable costs and outgoings incurred by the council in enforcing this Act or in suing for, or recovering, any charges or expenses;
(a) any land subject to a right of way for wheeled vehicles; and
(b) any land which obviously appears to be regularly used for the passage of wheeled vehicles; and
(c) any land made ready to be regularly so used, together with any adjoining path;
State highway means a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 ;
street means –
(a) a road with building continuous or nearly continuous on both sides or with the adjoining lands laid out for that purpose; and
(b) a terrace being a road with such building or land so laid out on only one side; and
(c) a cul-de-sac being a rectangular, polygonal or rounded space containing a road and with the perimeter so built on or so laid out;
way means –
(a) any land over which anyone other than the person in possession, his or her family, servants, customers or callers, may of right pass and repass with or without animals and vehicles; and
(b) any land which obviously appears to be regularly used for the passage of persons with or without animals or vehicles; and
(c) any land made ready to be so regularly used.
(2) If a path would be adjoining but for a nature strip, the path is taken to be adjoining and the nature strip is taken to be part of the road.
(3) A railway or tramway, other than a street tramway, is not a road except where it crosses a road on the same level or, in running along a road, it is not separated from the road by any fence, cattle-guard, hedge, ditch or wall.
(a) the administration of this Act is assigned to the Minister for Local Government; and
(b) the Department responsible to the Minister for Local Government in relation to the administration of this Act is the Department of Environment and Land Management.
plan of subdivision means a plan submitted to a council for the purpose of a permit under the Land Use Planning and Approvals Act 1993 in relation to subdivision of land;
(b) the block of land subject to an act of subdividing;
sub-minimum lot means a parcel of land that has not the qualities of a minimum lot.
(2) For the purposes of this Part, land constitutes a block if it is –
(a) likely to be used to build on; and
(b) unlikely to be used by a farmer, grazier, fruit grower or similar person as the sole source of income.
(3) For the purpose of determining whether any land constitutes a block for subdivision purposes, a block is –
(a) the whole of an existing lot on a plan lodged with the Recorder of Titles or the Registrar of Deeds not later than 12 months after the date of commencement of the Land Use Planning and Approvals Act 1993 ; or
(b) the whole of an original Crown grant; or
(c) the whole of the land that is identified by description in a folio of the Register kept under the Land Titles Act 1980 ; or
(d) the whole of the land that is identified by description in a deed; or
(5) The erection, use or occupation on a block of a movable dwelling unit does not of itself amount to a subdivision of the block so long as no separate rights of occupation are given to the unit or the part of the block on which it is situated other than those arising from an estate at will or a licence revocable at will.
(3) In proceedings for an offence against this section, instead of imposing a fine, a court may order –
(a) the forfeiture of the value of the estate disposed of, in the case of giving, selling or letting the estate; or
(b) the forfeiture of the cost of building done up to the date of the trial, in the case of building.
82
Voluntary submissions of plans
82 Voluntary submissions of plans
Any owner of land who may subdivide the land otherwise than in accordance with a previously approved plan or an approved plan of subdivision may proceed in accordance with the relevant sections to obtain the benefits of this Part.
(a) require the owner to sell to it for a nominal consideration any land shown on the plan as set apart for a public open space or for drainage purposes; or
(b) require the owner to mark on the plan in respect of any proposed way, the words "to be acquired by the highway authority".
(a) may specify that compliance with a requirement specified in this section is an acceptable solution in relation to subdivisions; and
(b) may enable a permitted development permit to be issued if such an acceptable solution is complied with in relation to a plan of subdivision.
(2) If the owner claims a valuable interest in the land over or under the proposed way, the owner is entitled to a fair price as agreed with the council in the conveyance or transfer of the way.
(3) If there is no agreement as to a fair price, the compensation payable to the owner is to be determined as a disputed claim for compensation under the Land Acquisition Act 1993 .
(4) The use of the words "to be acquired by a highway authority" does not prevent a disposition of the land affected but the obligation to convey or transfer the way runs with the land.
(5) The council may require a final plan of subdivision to note, in respect of a block –
(ii) a specific form of on site sewerage treatment.
(6) A notification under subsection (5) is to be treated as if it created an easement for the benefit of the council and may be destroyed wholly or in part by an instrument in the nature of a release of the block by the council.
(c) the subdivision includes any road or other works whereby drainage will be concentrated and discharged into any drain or culvert on or under any State highway, unless the Minister administering the Roads and Jetties Act 1935 has first approved so much of the application as affects the drainage.
(i) an acceptable solution, in relation to subdivisions, that relates to a matter referred to in subsection (1)(a) , (b) or (c) ; and
(ii) performance criteria, in relation to subdivisions, that relate to a matter referred to in subsection (1)(a) or (b) ; and
(b) may enable a permitted development permit or a discretionary permit to be issued if such an acceptable solution or performance criteria are complied with in relation to a plan of subdivision.
(a) is only bound to approve an application which does not materially increase the total amount of water coming into or under a State highway in any period of time and which provide for its discharge at a point or points accepted or reasonably required by the Minister; and
(b) may require as a condition of approval a covenant by the owner–
(i) to indemnify the Crown against any claim which may arise from an increase in the water flowing away from or under the State highway, or its rate of flow, by reason of the works approved; or
(ii) to pay for any specified works considered by that Minister necessary by reason of the works approved for clearing water from or under the State highway; or
(3) If the council approves an application contrary to this section, its approval is effective in law and the council –
(a) is liable to the Crown to do anything which, if this section had been complied with, the owner could have been required to covenant to do; and
(b) is not punishable except upon indictment with the consent in writing of the Attorney-General.
85
Refusal of application for subdivision
85 Refusal of application for subdivision
*[Section 85 Amended by No. 44 of 1994, s. 106 ]*The council may refuse to approve a plan of subdivision if it is of the opinion –
(a) that the roads will not suit the public convenience, or will not give satisfactory inter-communication to the inhabitants both of the subdivision and the municipal area in which it is; or
(b) that the drainage both of roads and of other land will not be satisfactorily carried off and disposed of; or
(ba) that the land is not suitable for an on-site effluent disposal system for all or specified kinds of effluent from each block; or
(c) that the site or layout will make unduly expensive the arrangements for supply of water and electricity, connection to drains and sewers and the construction or maintenance of streets; or
(d) that the layout should be altered to include or omit –
(i) blind roads; or
(ii) alleys or rights of way to give access to the rear of lots; or
(iii) public open space; or
(iv) littoral or riparian reserves of up to 30 metres in from the shore of the sea or the bank of a river, rivulet or lake; or
(v) private roads, ways or open spaces; or
(vi) where the ground on one side is higher than on the other, wider roads in order to give reasonable access to both sides; or
(a) may specify an acceptable solution, or performance criteria, in relation to subdivisions, that relate to a matter referred to in section 85 ; and
(b) may enable a permitted development permit or a discretionary permit to be issued in relation to a plan of subdivision if such an acceptable solution, or performance criteria, are complied with in relation to the plan of subdivision.
(2) If a planning scheme specifies an acceptable solution, or performance criteria, in relation to subdivisions, that relate to a matter referred to in section 85 , that section does not apply in relation to the matter in respect of a development that complies with the acceptable solution.
86
Security for payment
86 Security for payment
(1) Before approving a plan of subdivision, the council may –
(a) require security for payments and the execution of works; and
(b) refuse to approve the application until such security is given.
(c) [Section 86 Subsection (2) amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013][Section 86 Subsection (2) amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] if the land is not located within 30 metres of the existing public stormwater system as shown on the map made available under section 12 of the Urban Drainage Act 2013, payment for a public stormwater system by, from, or from within, the land as determined by the council so that all lots may have connecting drains and the concentrated natural water may be lawfully disposed of and for the laying of stormwater connections from a place on the boundary of each lot to the public stormwater system in accordance with the by-laws of the council and to the satisfaction of its engineer; and
(e) the making and draining of footways that are not part of a road and of private roads and similar footways serving 3 lots or more; and
(f) the filling in of ponds and gullies; and
(g) the piping of watercourses.
(3) *[Section 86 Subsection (3) amended by No. 62 of 1996, s. 3 and Sched. 1 ]*The security which may be required is –
(a) a bond by the owner of an amount in excess of any possible demand to secure –
(i) the required payments to be made within 30 days of demand; and
(ii) the required works to be executed within the periods referred to in subsection (4) ; and
(b) a guarantee guaranteeing all money payable on the bond, including any amount the council's engineer certifies to have been expended by the council under subsection (6) by –
(c) within 6 months of the sealed plan taking effect, in the case of subsection (2)(f) or (g) ; or
(d) within such further period as the council may allow, in any other case.
(5) The council and the owner, with the consent of any guarantor, may agree to modify their respective rights so that –
(a) the owner is to do works that the owner would otherwise have paid for; or
(b) the council is to do, and the owner is to pay for, works that the owner would otherwise have done.
(6) If the owner fails to do works in accordance with a bond, the council may do them and recover its expenses, as certified by its engineer, as if the amount were payable under the bond.
87
Final plans and schedule of easements
87 Final plans and schedule of easements
(1) On receipt of the council's approval of a plan of subdivision, the owner is to arrange for the preparation of a final plan by a registered surveyor in accordance with –
(a) the requirements approved by the Recorder of Titles; and
(2) The owner is to attach a schedule of easements to the final plan which is to be signed –
(a) if there are any easements, profits a prendre or covenants set out, by any person who is, or persons who between them are, able to create the estates and interests that the purchasers of land comprised in the plan are to acquire; or
(b) if there are no easements, profits a prendre or covenants set out, by all persons having any registered estate or interest in the land comprised in the plan, or by the legal practitioner acting for those persons.
(3) If a schedule of easements is signed by a person as mortgagee, it is taken to include the person's consent to the creation of those estates or interests.
(4) The easements, profits a prendre and covenants set out in the schedule of easements are taken to be shown on the final plan.
88
Lodgment of final plans
88 Lodgment of final plans
(1) The owner is to lodge with the council –
(a) the final plan, together with the schedule of easements; and
(b) if the schedule of easements sets out any easements, profits a prendre or covenants, a nomination of a legal practitioner to act on behalf of the owner in carrying the final plan through to its taking effect; and
(c) if any lots on the plan are the result of survey work carried out under the Land Surveyors Act 1909 , a nomination of a registered surveyor to do what is required to have the plan take effect; and
(a) a copy of the final plan, marked" "Priority Final Plan", that has been lodged with the council under subsection (1)(a) ; and
(b) a certification, or endorsement, by the owner, an agent of the owner or a legal practitioner acting on behalf of the owner, to the effect that all the copies of documents lodged under this subsection are identical to the original documents lodged with the council under subsection (1) and that the documents lodged with the council under subsection (1) were lodged not more than 5 business days before the documents are lodged under this subsection; and
(c) a copy of the schedule of easements that has been lodged with the council under subsection (1) ; and
(d) the original, or a copy, of the balance plan; and
(e) the original, or a copy, of the survey notes; and
(a) is to determine whether the final plan complies with this Part; and
(b) is to comply with subsection (1) , if the council determines that the final plan complies with this Part; and
(c) is to comply with subsection (2) , if the council determines that the final plan does not comply with this Part; and
(d) is to notify in writing the person who lodged the final plan with the council that the final plan does not comply with this Part, if the council determines that the final plan does not comply with this Part.
(a) beginning on the day on which the first such notice is given to the person; and
(b) ending on the day on which the person provides to the council information or documents, referred to in the notice under subsection (1AB) or subsection (1AC) , respectively, that, is, in the opinion of the council, satisfactory.
(1) If satisfied that a final plan complies with this Part, the council is to –
(a) cause its seal to be affixed to the plan; and
(b) cause the sealed plan to be lodged in the office of the Recorder of Titles.
(a) a sealed plan, marked "Priority Final Plan", that is duly executed and that is identical to the unsealed final plan that was lodged with the Recorder of Titles under section 88(2)(a) , is lodged with the Recorder of Titles under subsection (1)(b) ; and
(b) all the other documents that relate to that plan have been lodged with the Recorder of Titles as required under section 88(2) ; and
(c) all the relevant documents in relation to the sealed plan have been lodged with the Recorder of Titles; and
(d) the Recorder of Titles is satisfied that the sealed plan is not required to be amended and that all other information or documents necessary to make a determination under this subsection have been received by the Recorder of Titles and are satisfactory –
the Recorder of Titles, within 15 business days after the requirements of paragraphs (a) , (b) , (c) and (d) have been satisfied, is to –
(e) accept the sealed plan; or
(f) reject the sealed plan under this paragraph or under subsection (3) .
(a) the original, final, duly executed schedule of easements in relation to the sealed plan, that is identical to the copy of the schedule of easements that was lodged with the Recorder of Titles under section 88(2) ;
(b) the original title documents, satisfactory to the Recorder of Titles, evidencing ownership of the land to which the sealed plan relates;
(c) if the original of the balance plan has not already been lodged with the Recorder of Titles – the original, duly executed copy of the balance plan that is identical to the copy of the original of the balance plan lodged with the Recorder of Titles under section 88(2) ;
(d) if the original of the survey notes has not already been lodged with the Recorder of Titles – the original, duly executed copy of the survey notes that is identical to the copy of the original of the survey notes lodged with the Recorder of Titles under section 88(2) ;
(e) all other original, duly executed associated documents or dealings that the Recorder of Titles requires to be provided.
(a) a sealed plan, marked "Priority Final Plan", that is duly executed and that is identical to the unsealed final plan that was lodged with the Recorder of Titles under section 88(2)(a) , is lodged with the Recorder of Titles under subsection (1)(b) ; and
(b) all the other documents that relate to that plan have been lodged with the Recorder of Titles as required under subsections (2A) and (2B) ; and
(c) all of the relevant documents in relation to the sealed plan have been lodged with the Recorder of Titles –
the Recorder of Titles, within 13 business days, may –
(d) under subsection (5) , give to the council and the owner notice in writing that the sealed plan is required to be amended; or
(e) give to the owner notice in writing specifying that –
(i) further information or documents, specified in the notice, are required to be provided to the Recorder of Titles; or
(ii) information, or documents (other than the sealed plan), already provided to the Recorder of Titles, is or are to be amended as specified in the notice and, as so amended, provided to the Recorder of Titles.
(a) the sealed plan, as amended in accordance with the notice under subsection (5) ; or
(b) further information or documents, or amendments of information or documents, already provided to the Recorder of Titles, in accordance with the notice under subsection (2C) or this subsection –
is to –
(c) notify under subsection (5) the council and the owner that the plan is required to be amended; or
(d) give to the owner notice in writing specifying –
(i) that further information or documents are required to be provided; or
(ii) that the information or documents already provided to the Recorder of Titles are required to be amended as specified in the notice under this subsection and, as so amended, provided to the Recorder of Titles; or
(e) notify the owner, or the council, to whom or which notice was given under subsection (2C) , this subsection or subsection (5) , that the Recorder of Titles is satisfied that the requirements of the notice have been satisfied.
(a) beginning on the day on which a notice under subsection (2C) , subsection (2D)(d) or subsection (5) is given to the owner or council in relation to the sealed plan or in relation to documents or information required to accompany the sealed plan; and
(b) ending on the day by which, in relation to each amended sealed plan, or information or documents, provided to the Recorder of Titles pursuant to the notice given under subsection (2C) , subsection (2D)(d) or subsection (5) , one of the following has occurred:
(4) *[Section 89 Subsection (4) amended by No. 90 of 1995, s. 9 ]*The Recorder of Titles is to return to the person who lodged a plan rejected under subsection (3) one half of the prescribed fee paid under section 88(2)(f) .
(5) On lodgment of a plan, the Recorder of Titles must notify the council and the owner that the plan requires to be amended as shown on a copy of the plan if satisfied that –
(a) the owner has not a sufficient title to dispose of all the land comprised in the plan; or
(b) the land comprised in the plan omits land of the owner which, as a separate parcel –
(i) has not the qualities of a minimum lot; or
(ii) if it has those qualities, is in part subject to a mortgage or encumbrance and that either the part so subject or the part not so subject has not the qualities of a minimum lot; or
(iii) that the land omitted comprises 2 parcels or more that may, without the approval of any plan by the council, lawfully be sold separately so as to create a block which would not have the qualities of a minimum lot; or
(c) the execution of the plan is inconsistent with the proper administration of the Land Titles Act 1980 or this Part; or
(d) the plan fails to assure to purchasers what the council intended them to have.
(6) If a plan lodged with the Recorder of Titles comprises any land that is not under the Land Titles Act 1980 the Recorder of Titles is to –
(a) bring it under that Act; and
(b) for that purpose, is to as far as possible proceed as if an application to bring that land under the provisions of the Land Titles Act 1980 had been made under section 11 of that Act with all necessary consents by a person competent to make an application for that purpose.
(7) If a parcel that is comprised in a plan is in one part subject to one encumbrance and in another part subject to another encumbrance, the Recorder of Titles must not accept the plan until one part has been freed from encumbrances and when the plan takes effect any encumbrance on the other part extends to the whole parcel.
90
Determination of applicability of provisions
90 Determination of applicability of provisions
If an instrument is lodged for registration under the Land Titles Act 1980 and the Recorder of Titles is not sure whether a final plan should first have been lodged to authorize the dealing to be effected by the instrument, the Recorder may require the person lodging the instrument to produce a certificate of the council that the dealing is not in contravention of this Division.
91
Corrections to final plans
91 Corrections to final plans
(1) The Recorder of Titles may correct any clerical, unimportant or unsubstantial error or supply any omission in a final plan unless the council or the owner objects.
(2) Before making a correction, the Recorder of Titles is to give notice in writing to the council and the owner.
(3) The council or owner may object to the making of any correction within 7 days of receiving a notice under subsection (2) .
92
Amendments to final plans
92 Amendments to final plans
(1) If the Recorder of Titles under section 89(5) requires an amendment to a final plan, the council –
(a) if it considers that the amendment should not be approved, is to withdraw the plan and return it to the owner; or
(b) in any other case, notify the Recorder and the owner that it does not oppose the amendment.
(3) If the owner agrees to an amendment under subsection (2) , the owner is to notify the council and the Recorder of Titles accordingly.
(4) If an amendment is required, the council and the owner may put forward other proposals and the Recorder of Titles may amend or vary the requirement, or withdraw it and substitute another.
(5) The Recorder may notify the owner and the council that the plan is affected and is to return the plan to the council if the Recorder of Titles requires –
(b) data by the registered surveyor who prepared the plan to enable the plan to be checked mathematically and for boundary evidence and they are not so produced within 3 months of the Recorder's requisition.
(6) Instead of amending a document, the person required to amend it may, and if required by the Recorder of Titles must, substitute for it a new document in the amended form.
93
Cancellation of final plans
93 Cancellation of final plans
(1) The council is to cancel its seal on a final plan if –
(a) the plan is withdrawn from the Recorder of Titles; or
(b) the plan is rejected by the Recorder of Titles.
(2) The council is to return a plan cancelled under subsection (1) to the owner.
94
Taking effect of sealed plan
94 Taking effect of sealed plan
(1) A final plan takes effect as a sealed plan when the Recorder of Titles signs and dates a memorandum on the plan that the plan is accepted –
(a) without requiring any amendment; or
(b) as a result of further discussion; or
(c) upon an order of the Supreme Court; or
(d) upon the making of an amendment agreed to by the owner and the council.
(a) bring under the provisions of the Land Titles Act 1980 any land comprised in the plan that is not under it; and
(b) deliver free to the owner, the surveyor and the council, one copy of the sealed plan as accepted; and
(c) create any folios the Recorder considers necessary.
(3) Each copy of the sealed plan is to show the memorandum of acceptance.
(4) When a plan that shows easements or other rights over or for the benefit of land which is not under the provisions of the Land Titles Act 1980 takes effect, the Recorder of Titles is to cause any entries to be made in the index kept under the Registration of Deeds Act 1935 the Recorder considers sufficient to give notice of the existence of those rights to persons searching title in the Registry.
(5) When a plan has taken effect a person must not –
(a) obstruct the exercise by the owner or occupier of land of a right shown on the plan; or
(b) contravene a restriction on the use of land shown on the plan.
Penalty: Fine not exceeding 10 penalty units.
(6) It is not a defence in proceedings under subsection (5) to prove that the right or restriction was not created or has been extinguished but the court may adjourn the proceedings to enable the plan to be amended.
(7) If an act complained of would be lawful under the plan as amended, the court is not to impose any penalty but may award costs to the council.
95
Dedication of land
95 Dedication of land
(1) Any land which is shown on a sealed plan as a road, street, alley, lane, court, terrace, footpath or other kind of way is taken to be dedicated to, and accepted by, the public unless called "private" on the plan.
(2) Subject to any enactment or by-law relating to the construction, opening and repair of ways on subdivisions and in respect of any way taken to be dedicated to and accepted by the public under subsection (1) and not a highway immediately before the sealed plan was sealed, the owner may –
(a) continue in occupation of the land subject to the way to the exclusion of the public until possession is given to a purchaser of a block comprised in the sealed plan and adjoining the way or including any part of it; and
(b) notwithstanding the rights of the public or of any purchaser of a block comprised in the sealed plan and adjoining the way –
(i) enter on the land subject to the way with or without engineers, surveyors, workers, machines, horses and vehicles and make the way in such manner as the owner thinks proper; and
(ii) enter in the same manner and repair the way as and when the owner thinks fit; and
(iii) exclude the public from all or any part of the way for the purpose of making or repair.
96
Dedication as highway
96 Dedication as highway
(1) If a sealed plan shows provision for widening or deviating a way on, or adjoining, land comprised in the plan, an obligation runs with that land to dedicate it as a highway if required to do so by the highway authority.
(2) If the highway authority requires a dedication under subsection (1) , it must tender an amount in compensation.
(3) If the owner does not accept the amount tendered, the owner must dedicate the land and is entitled to compensation as agreed between the owner and the highway authority.
(4) If there is no agreement under subsection (3) , the compensation payable to the owner is to be determined as if it were a disputed claim for compensation under the Land Acquisition Act 1993 .
(5) Compensation payable to the owner under subsection (4) is to be determined as at the date on which the plan was sealed.
97
Acquisition of way by council
97 Acquisition of way by council
(1) The owner of a subdivision is to convey or transfer a way shown on a sealed plan as "to be acquired by the highway authority" to the highway authority in fee simple when required in writing to do so by the highway authority.
(2) If there is no agreement as to a fair price, the compensation payable to the owner is to be determined as a disputed claim for compensation under the Land Acquisition Act 1993 .
98
Surrender of reserves to Crown
98 Surrender of reserves to Crown
Any land comprised in a sealed plan which is described as a reserve is taken to be –
(a) surrendered to, and accepted by, the Crown; and
(i) agreed to between the authority sealing the plan and the Crown; and
(ii) specified in Column 3 of Schedule 5 to that Act.
99
Easements
99 Easements
(1) When a sealed plan takes effect –
(a) the easements to be created in favour of the Crown or of any public or local authority constituted by or under any Act or appurtenant to a highway vest accordingly, except in the case of an easement to be appurtenant to a highway which vests upon the creation of the highway; and
(b) the other easements and the profits a prendre and covenants to be created come into being and continue as if created by the most effectual instruments made between proper parties and are not affected by –
(i) the unity of seisin of the lands having the burden and benefit of the easement or profit a prendre; or
(ii) identity of the parties to the covenant –
except that during such unity or identity they are in abeyance, to revive by force of this Part when it is broken or destroyed; and
(c) the Recorder of Titles may notify the existence of the easement, profit a prendre or covenant on the folio in respect of land –
(i) benefited by any easement or profit a prendre; or
(ii) burdened by any easement, profit a prendre or covenant.
(2) An easement that would have been set out in the schedule of easements to a sealed plan is not to be implied from anything appearing in the plan or in a copy of the plan incorporated in another instrument.
(3) If the schedule of easements to a sealed plan contains easements, profits a prendre and covenants which did not exist before the plan took effect and which affects land not comprised in the plan –
(a) the schedule is to be signed by the persons who between them are able to create them; and
(b) when the sealed plan takes effect those easements, profits a prendre and covenants are taken to have been created or made in the most effective manner by those persons.
(4) Any drainage easement shown on a sealed plan for the benefit of a lot is taken to terminate at an outlet approved by the council.
100
Action for partition
100 Action for partition
(1) In any action for partition, the court –
(a) is not to order a partition which the parties could not make themselves under this Part; and
(b) may cause all necessary steps to be taken for the approval of a plan of subdivision for the purposes of a judgment or order for partition.
(2) A judgment or an order for partition is not invalid by reason only of non-compliance with this section.
101
Recovery of land
101 Recovery of land
(1) If the registered proprietor named in a qualified title under the Land Titles Act 1980 , suffers judgment for the recovery of the land by a person with a better title and in consequence a lot ceases to have the qualities of a minimum lot, the council may purchase or take the land recoverable or recovered under the judgment and re-establish the title of the registered proprietor as provided in subsection (2) .
(2) The council is to –
(a) purchase or take the estate of the successful plaintiff and any other estate or interest required by the Recorder of Titles to be gotten in before the Recorder cancels the caution recorded on the qualified title; and
(b) lodge with the Recorder all muniments of title to the estate and interest so purchased or taken by it together with a request under its common seal that the Recorder re-establish the title of the registered proprietor.
(3) The Recorder of Titles, if satisfied that the requests have been complied with, is to cancel the caution on the qualified title.
(4) The council's costs and expenses of, and incidental to, the acquisition and the other matters referred to in subsection (2) are a charge on the whole of the lot concerned.
102
Non-application of provisions to certain sales
102 Non-application of provisions to certain sales
The provisions of this Division do not apply to a subdivision of land only by sale and conveyance, transfer or release to the Crown, the Commonwealth or a statutory authority if acquisition by compulsory process is an alternative means of obtaining the land sold.
103
Amendment of sealed plans
103 Amendment of sealed plans
(1) When a plan has taken effect, it may be amended by the council –
(a) of its own motion –
(i) to do anything that the council could do under any other power subject to any conditions precedent to the exercise of the power relied on; or
(ii) to bring the plan into conformity with any change in the rights and duties of land owners made under a statutory power; or
(b) on the application of any person having an interest in land subject to the plan.
(2) If a council acts on its own motion, it is to serve a notice in writing to all persons appearing by the registers under the Land Titles Act 1980 and the Registration of Deeds Act 1935 to have an estate or interest at law affected by the proposed amendment.
(3) A person is to –
(a) make an application under subsection (1) by petition; and
(b) serve a copy of the petition on all persons appearing by the registers under the Land Titles Act 1980 and the Registration of Deeds Act 1935 to have an estate or interest at law affected by the proposed amendment.
(4) Any person affected by the proposed amendment may ask to be heard in support or opposition.
(5) If a notice is not given or a petition is not served as required by this section, subsequent proceedings are not void.
104
Hearing in respect of amendment of plans
104 Hearing in respect of amendment of plans
(1) At the end of 28 days after the last notice is served or the last petition is served as required by section 103(2) or (3) , the council –
(a) may, if no person has asked to be heard in opposition, cause the amendment to be made; or
(b) if a person has asked to be heard, is to appoint a day for hearing any petitioner and those persons who have asked to be heard.
(2) A hearing is to be by the council or a council committee who may –
(a) hear persons who have asked to be heard after the period referred to in subsection (1) ; and
(3) On the conclusion of the hearing, the council may –
(a) cause the amendment to be made with or without modification; and
(b) require as a condition of so doing that any person who benefits the amendment is to make compensation in money or land to a person who is injured by it.
(4) The council may, with the consent of all persons concerned, act as provided in subsection (3) .
(5) The Recorder of Titles may call in and cancel or correct any certificate of title affected by amendments.
105
Compensation in respect of amendments
105 Compensation in respect of amendments
(1) Subject to subsection (2) , a person adversely affected by an amendment is entitled to compensation by the council if –
(a) having asked to be heard under section 103(4) , the person gave the council notice of the claim at or before the hearing; or
(b) within 60 days of having been served a notice or petition under section 103(2) or (3) , the person gave the council notice of the claim; or
(c) not having been given notice or served a petition, the person gave the council notice of the claim within 60 days of learning that he or she was affected by the amendment.
(2) If compensation is payable under subsection (1) , the council may recover against the petitioner and any person heard or asking to be heard in support of the amendment to the extent to which they benefited by the amendment.
105A
Amendments to sealed plans sealed under Local Government Act 1962
105A Amendments to sealed plans sealed under Local Government Act 1962
105B Validation of amendments to certain sealed plans
[Section 105B Inserted by No. 27 of 2007, s. 4, Applied:01 Aug 2007] Amendments made in accordance with sections 103 and 104 to plans sealed under the Local Government Act 1962 are valid and effectual only to the extent that the amendments were made in accordance with the powers conferred on a council under those sections in respect of plans sealed under this Act.
106
Lack of frontage of highway
106 Lack of frontage of highway
(1) If –
(a) land proposed to be subdivided is separated from a highway by land of the highway authority; and
(b) the highway authority declares under seal that its land is to become part of the highway –
land which would, when the highway authority's land had become part of the highway, have a frontage on the highway is taken to have the same frontage as it would then have.
(2) An objection may not be made that a way in the proposed subdivision does not communicate with the highway because the highway authority's land intervenes.
(3) The highway authority, when the way is opened, is to provide the necessary communication with the highway.
(4) For the purposes of this Part –
(a) a highway over water is a highway; and
(b) a road in respect of a lot shown in a plan to which this Part applies is a road if the lot has a frontage to the shore of the sea or to a navigable river or lake and cannot be reached from a city or town by a highway.
(5) For the purposes of subsection (4) , land which has an easement in fee of unrestricted passage over land of the Crown to the shore of the sea is taken to have a frontage to the shore of the same width as the easement.
107
Access orders
107 Access orders
(1) Where a block is to be created under this Part, the council may, before or when notifying its approval of the plan of subdivision, notify the owner that it proposes to make an order under this section as indicated in the notification before it seals the final plan.
(2) If the council considers that work of a substantial nature is needed to provide access for vehicles from a highway onto the block, it may refuse to seal the final plan under which the block is created until the owner has carried out the work specified in the order within the specified period or given the council security for carrying out that work if called upon by it to do so.
(3) If the owner fails to carry out the work within a reasonable time when called upon, the council may enter and do the work and enforce the security to recover its expenses as certified by its engineer.
(4) If the work ordered by the council includes the construction of a carriage-way serving more blocks than one –
(a) the council may direct the owner to carry out part of the work on the soil of a highway; and
(b) the owners of all blocks having a right of way over any portion of the carriage-way are to keep in good repair, properly drained and clean and tidy –
(i) the carriage-way; and
(ii) any land subject to similar rights as the carriage-way and not part of a highway.
(5) If the council is of the opinion that the owners are in default of compliance with subsection (4)(b) , the general manager may give notice to the owners of the blocks served by the carriage-way specifying –
(a) how the default is to be remedied; and
(b) requiring them to remedy the default accordingly within the period specified in the notice.
(6) If the owners served with a notice fail to comply within the specified period, the council may remedy their default and apportion the cost among those owners or their successors in title in such proportions as it considers appropriate.
(7) The amount apportioned under subsection (6) is to be paid to the council within 30 days of the demand and is recoverable from the person liable or his or her successor in title in any court of competent jurisdiction.
(8) An amount apportioned under subsection (6) together with any interest payable is a charge on the block in respect of which it was apportioned from the day of apportionment.
108
Road widening
108 Road widening
(1) If a council does not approve a plan for a subdivision because of any matter referred to in section 85 , a council, in respect of an existing highway, may obtain –
(a) a dedication of land for widening or diverting; or
(b) a licence to embank.
(2) Subject to subsection (4) , when the sealed plan takes effect the owner is entitled to compensation as if the dedication or licence were an estate in land that had been acquired by compulsory process under the Land Acquisition Act 1993 .
(3) The land dedicated or subject to the licence is to be valued as at the date of lodgment of the plan of subdivision.
(5) If the highway varies in width because in parts land has already been acquired or dedications made for the purpose of widening it, its middle line is to be determined as if no such acquisitions or dedications have been made.
(i) an area of not less than 550 square metres; and
(ii) a frontage to a road of not less than 18 metres; and
(iii) such boundaries that within them can be drawn a circle having a diameter of not less than 18 metres, and its centre not more than 18 metres from a road; or
(d) in a country building area–
(i) an area of not less than 1 000 square metres; and
(ii) a frontage of 6 metres upon a road; or
(e) in a changing building area–
(i) an area of not less than 550 square metres; and
(ii) a frontage of 6 metres upon a road; and
(iii) such boundaries that within them can be drawn a circle having a diameter of not less than 18 metres; or
(f) in any building area, reasonable vehicular access from the carriage-way of a road to a boundary; or
(g) in an urban building area and in a changing building area, a site that is able, in the opinion of the council, to be efficiently and lawfully drained into the sea, or into a river, creek, rivulet, lake, swamp, marsh or pond or into a public channel, sewer or drain; and
(iii) complies in all other respects with subsection (1) ; and
(iv) is approved by the council as equivalent to a minimum lot; or
(c) if being within the boundaries of the city of Hobart, it is approved by the council as equivalent to a minimum lot and–
(i) has an area of not less than 370 square metres and has a frontage of not less than 12 metres on a road; and
(ii) is one of not more than 2 lots each having an area of not less than 370 square metres and a frontage on a road of not less than 11 metres and created by subdivision of a block of land existing as such on 27 June 1940; and
(iii) [Section 109 Subsection (3) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] being in an urban building area, it comprises an area of not less than 460 square metres and has a frontage on such a street of at least 15 metres and a depth of at least 27 metres and there is within the lot an open space within which can be described a circle having a diameter of 15 metres, or, being on the corner of 2 such streets, has a frontage on each of not less than 16 metres; or
(e) if, being in an urban or changing building area, it–
(i) has not the frontage or dimensions, or both, as required in subsection (1) but has the area therein required or being occupied by a dwelling has an area of not less than 370 square metres and a frontage of not less than 9 metres; and
(g) if, being in any building area and not otherwise having the qualities of a minimum lot, provision has been made in a planning scheme approved for its existence or creation as a lot; or
(h) if, being in any building area and having all the qualities of a minimum lot except in respect of frontage it–
(i) has a frontage to a road of not less than 3·6 metres, over which frontage no other land has a right of way as its sole or principal means of access; and
(i) if, being in any building area and having all the qualities of a minimum lot except in respect of frontage it–
(i) has access to a road by a right of way at least 3·6 metres wide over land not required as the sole or principal means of access to any other land and not required to give the lot, if any, of which it is part the qualities of a minimum lot; and
(j) if, being in any building area and lying behind a block fronting a road and being in all respects a minimum lot if that block were a road it–
(i) has a private road at least 3·6 metres wide to the public road, which private road is not required as the sole or principal means of access to any other land; and
(4) A minimum lot existing by virtue of subsection (3)(a) is to be used only as a place of business.
(5) Approval required for a minimum lot to exist by virtue of subsection (3) may be conditional on use as a place of business.
(6) If land under subsection (4) may be used only as a place of business the restriction on its use –
(a) is to be set out above the council's seal on the final plan of the subdivision; and
(b) is enforceable by the council as if –
(i) the council were owner of all the other lands in the municipal area and the tenants were natural persons holding of the council for life; and
(ii) the restriction were created by a covenant made between the council and the owner creating the lot so restricted and running with the land in equity.
(7) For the purpose of this section a place of business means any place in which the business of selling, buying, hiring, exchanging, letting, repairing, making or providing any goods or services is carried on.
(1) Except as provided in subsection (2) , the council may make an adhesion order if a block –
(a) has the qualities of a minimum lot; and
(b) comprises 2 parcels or more that may, without the approval of any plan by the council, lawfully be sold separately so as to create a block which –
(i) would not have the qualities of a minimum lot; and
(ii) is, or in the opinion of the council is likely to be, built on or bought for building.
(2) Subsection (1) does not apply to a block the parcels in which –
(a) are the sites and grounds of buildings designed for separate occupation; or
(b) have at any time been owned separately by persons who did not then own adjoining land.
(3) If an owner of a block referred to in subsection (1) seeks approval for building on that block which could be refused because a parcel in that block was owned by another person, the council after notifying the owner, may make an adhesion order if the approval is given.
(4) An adhesion order is an order of the council that the parcels comprised in the block subject to the order are not to be dealt with so that they come into the possession of different persons for an estate of freehold at law or in equity or for a term at law or in equity of 3 years or more.
(a) served by the council on all persons appearing from the records in the Registry of Deeds or the Land Titles Office to have a legal estate in, or power of sale over, the land subject to the order; and
(ii) in the Registry of Deeds as if it were a judgment.
(6) A contravention of subsection (5)(a) may give rise to an action for damages but does not alter the effect of the order.
(7) If an adhesion order is made under subsection (1) or (3) , the Recorder of Titles is to –
(a) bring under the provisions of the Land Titles Act 1980 that part of the land subject to the order that is not under that Act; and
(b) for that purpose is to as far as possible proceed as if an application to bring that land under that Act had been made under section 11 of that Act with all necessary consents by a person competent to make an application for that purpose; and
(c) register one folio of the Register for all the land and record the adhesion order on the folio; and
(d) call in and cancel certificates of title to parts of the land.
(8) Until land has been brought under Land Titles Act 1980 , the registration of an adhesion order in the Registry of Deeds operates to deprive of all effect any subsequent agreement or assurance except as provided in subsection (10) .
(9) In creating a folio of the Register which is supported by a plan of any land, the Recorder of Titles is not to indicate on that plan the boundaries of the parcels which the land formerly comprised.
(10) An adhesion order does not affect rights under an instrument registered before the adhesion order, even though by the exercise of a power of sale or right of purchase, or otherwise, the lands subject to the order may be separated in ownership.
(11) The council may discharge or modify any adhesion order by an order registered under the Land Titles Act 1980 .
111
Subdivision of sub-minimum lots
111 Subdivision of sub-minimum lots
(1) If an owner wishes to subdivide off land within a building area –
(a) one or more sub-minimum lots which are to be sold or given to one or more adjoining owners without leaving a sub-minimum lot; or
(b) one or more sub-minimum lots which are to be sold or given to one or more adjoining owners leaving a sub-minimum lot to be retained by the owner as part of the adjoining land; or
(c) one or more minimum lots leaving a sub-minimum lot to be retained as part of the adjoining land –
so that each sub-minimum lot and the land to which it is to be added will together form a minimum lot, the owner is to submit to the council a plan of the resulting minimum lot delineating the boundaries of the sub-minimum lot and the adjoining land to which the sub-minimum lot is to be added.
(2) If 2 or more owners wish to subdivide off their land sub-minimum lots which upon sale or gift to the same purchaser or donee would together give that purchaser or donee a minimum lot, they are to submit to the council a plan of the minimum lot to result from those sales or gifts, delineating the boundaries of the sub-minimum lots which together form the minimum lot.
(3) A plan under subsection (1) or (2) may include a subdivision, but if it does not, the provisions of Division 2 apply as nearly as possible to the plan as if it were a plan of subdivision.
(4) For the purposes of subsection (1) , if adjoining land to be added to comprises –
(a) the whole of the land; or
(b) the untransferred balance of land in a Crown grant or folio of the Register under the Land Titles Act 1980 ; or
(c) is a lot on a previously approved plan –
that part of the plan which comprises that adjoining land may be compiled from plans lodged in the office of the Recorder of Titles or registered in the Registry of Deeds.
(5) Subsection (4) does not prevent the Recorder of Titles from requiring further survey information relating to that adjoining land the Recorder thinks necessary for the proper administration of the Land Titles Act 1980 before notifying under section 113(2) that the plan is available as mentioned in that section.
112
Purposes for which plan approved
112 Purposes for which plan approved
If the council approves a plan submitted under section 111 –
(a) the plan is to be dealt with, and has effect, as provided in Division 2 ; and
(b) the council is to state on the plan one of the following purposes for which the plan is approved:
(i) if the plan is submitted under section 111(1)(a) or (b) for the purpose of enabling the approved lot to form a single parcel;
(ii) if the plan is submitted under section 111(2) , for the purpose of enabling a purchaser or donee to acquire all the sub-minimum lots which together form the minimum lot shown on the plan;
(iii) if the plan is submitted under section 111(1)(c) , under both section 111(1) and (3) or under both section 111(2) and (3) , firstly for the purpose of enabling the portions of the approved lot to form a single parcel or for enabling a purchaser or donee to acquire all the sub-minimum lots which together are to form the minimum lot, and secondly for the purpose of giving effect to the subdivision under Division 2 .
113
Bringing land under Land Titles Act 1980
113 Bringing land under Land Titles Act 1980
(1) If a plan of subdivision approved by the council and lodged in the office of the Recorder of Titles includes any adjoining land to be added that is not under the provisions of the Land Titles Act 1980 , the Recorder is not to take any further action upon the plan until applications to bring the land under those provisions have been made under section 11 of that Act .
(2) If a plan of subdivision is fit for acceptance and the Recorder of Titles is in a position to bring under the provisions of the Land Titles Act 1980 all the land comprised in the plan that is not already under the provisions of that Act, the Recorder is to notify the council and the owner that the plan is available for the purposes for which it is approved.
(a) the Recorder of Titles is not to accept the plan until either the sub-minimum lot or the adjoining land is free from mortgages or encumbrances; and
(b) on acceptance of the plan, a mortgage or encumbrance on the one extends to the other.
(4) If all the transfers necessary to achieve the purposes for which a plan is approved are not lodged within 3 years after the date of the notification under subsection (2) –
(a) the plan is void; and
(b) the Recorder of Titles is to cancel the plan and return it to the council; and
(c) the council is to cancel its seal on the plan.
114
Achievement of purposes
114 Achievement of purposes
(1) After notification has been given under section 113(2) , the purposes for which the plan is approved are to be achieved in the following manner only:
(a) any assurance that may be necessary to achieve those purposes is to be lodged with the Recorder of Titles so that a period of not more than one week elapses between the dates of lodgment of the first and last assurances;
(b) the Recorder of Titles must refuse to register any assurance that is lodged otherwise than in accordance with paragraph (a) ;
(c) an assurance is to be a memorandum of transfer as if the land assured were under the provisions of the Land Titles Act 1980 even though the land may not be under those provisions;
(d) on registration, the assurance is as valid as if it had been executed and lodged after the land assured had been brought under the provisions of the Land Titles Act 1980 ;
(e) subject to subsections (2) and (3) , if all the transfers necessary to achieve all the purposes for which the plan is to be approved have been lodged and are in order for registration, the Recorder of Titles is to –
(i) accept the plan; and
(ii) bring under the provisions of the Land Titles Act 1980 all the lands comprised in the plan that are not alreadyunder those provisions; and
(iii) register the transfers; and
(iv) create the folios of the Register for minimum lots that are necessary to achieve the purposes for which the plan was approved.
(2) If a plan is approved for the purposes of adding one block to another or others –
(a) a transfer of the one to the owner of the other or others is not in order for registration until not more than one of the blocks that are to be added together to form one whole is subject to a mortgage or encumbrance; and
(b) on the registration of the transfer, a mortgage or encumbrance on one block extends to the other or others.
(3) If the Recorder of Titles accepts a plan under subsection (1)(e) –
(a) a transfer of a sub-minimum lot that is required to be registered by that subsection may not be withdrawn from registration; and
(b) blocks that are to be added to one another to achieve the purposes for which the plan was approved are not to be dealt with as separate parcels except in accordance with a plan of subdivision (other than the plan approved under section 111 ) approved by the council.
(4) If the Recorder of Titles creates a folio of the Register under subsection (1)(e) , the Recorder is not to indicate on the folio boundaries that previously divided the sub-minimum lots and other lands comprised in the folio.
115
Exemption
115 Exemption
(1) The council may exempt a subdivision from the operation of this Part –
(a) if it is satisfied that all sub-minimum lots to be subdivided are intended to be added to adjoining lands which are used for grazing, pastoral, agricultural, horticultural or similar purposes; or
(b) if, in the opinion of the council, it is unlikely that a sub-minimum lot created by the subdivision would be purchased as the site for a dwelling.
(2) If the council exempts a subdivision under subsection (1) , it is to certify the exemption on the plan prepared for the purpose of carrying out the subdivision.
116
Limitation on requirement for public open space
116 Limitation on requirement for public open space
(1) If the council –
(a) requires an owner to increase the area for public open space so that the value of the total area approved for open space in the final plan exceeds the value of the area provided for open space in the plan of subdivision; or
(b) having failed to approve a plan for subdivision on a ground that the layout should be altered to include or omit public open space, subsequently approves a fresh plan in which the value of the total area of land reserved for public open space exceeds the value of all such land in the original plan –
and the value of the area reserved for open space in the plan also exceeds the value of one-twentieth of the whole area comprised in the plan of subdivision, the council must purchase the excess as provided in this section.
(2) The purchase price of the excess is a sum bearing the same ratio to the value of the total area approved in the final plan as the excess bears to that area.
(3) If the owner and the council are unable to agree on the purchase price within 30 days of its demand, it is to be determined as if it were a disputed claim for compensation under the Land Acquisition Act 1993 .
(4) The purchase price is due –
(a) after the final plan takes effect as provided; and
(b) upon demand by the owner accompanied by a conveyance of transfer executed by the owner of the total area mentioned in subsection (1) .
(5) The purchase price bears interest at 5% a year from the day 2 months after that on which it is agreed upon or determined until payment.
(6) Land is to be valued as at the date of lodgment of the plan of subdivision.
(7) The council is required to purchase only so much of the excess land as is required for public open spaces on the basis that the excess is divided between the public open spaces and littoral or riparian reserves in the same proportion as the total area is divided between them.
(8) The council is to pay a purchase price as if it were purchasing the whole excess and is entitled to be reimbursed by the Treasurer the difference between the purchase price paid by it and so much of the purchase price as is attributable to the land purchased.
(9) If an amount is not agreed, the amount is to be determined as if it were a disputed claim for compensation under the Land Acquisition Act 1993 .
117
Payment instead of increasing public open space
117 Payment instead of increasing public open space
(1) Instead of requiring an owner to increase the area for public open space, the council, before approving a plan of subdivision may require security for the payment of an amount calculated under subsection (2) .
(a) may specify that compliance with a requirement specified in subsection (1) is an acceptable solution in relation to subdivisions; and
(b) may enable a permitted development permit to be issued if such an acceptable solution is complied with in relation to a plan of subdivision.
(2) The amount required to be paid is an amount not exceeding an amount which bears the same ratio to the value of the whole area comprised in the plan as one-twentieth of that area less any area provided for public open space in the final plan and any area created by the final plan of the littoral or riparian reserve bears to that whole area.
(3) If the owner and the council do not agree on the amount to be secured, it is to be determined as a disputed claim for compensation under the Land Acquisition Act 1993 .
(4) *[Section 117 Subsection (4) amended by No. 62 of 1996, s. 3 and Sched. 1 ]*The security that may be required is –
(a) a bond by the owner of an amount in excess of any possible demand to secure payment of the amount within 90 days after the demand is made after the final plan has taken effect; and
(5) The council is to receive an amount payable under this section on trust for the acquisition or improvement of land for public open space for the benefit of inhabitants of the municipal area.
(6) *[Section 117 Subsection (6) amended by No. 90 of 1995, s. 10 ]*Any amount held, before the commencement of this section, by the council on trust for the acquisition of land for public open space is to be held on trust for the acquisition or improvement of land for public open space and applied in accordance with any prescribed requirements.
(a) that amount was lawfully received by the council for the purposes of that section; and
(b) no action or legal proceedings may be continued or instituted against any person in respect of the receipt or holding by a council of that amount.
118
Council schemes
118 Council schemes
(1) Before the council disposes of lands in circumstances in which, if the disposition were that of a private person the plan would require approval under this Part, it is to prepare a plan of subdivision that it would approve if it were a private person's plan.
(2) If a final plan based on a plan of subdivision may be approved by the council if lodged by a private person, the council is to prepare such a final plan and seal it.
(3) The provisions of Division 2 apply to a plan sealed in accordance with subsection (2) as nearly as possible as if it were the plan of a private person.
(4) A plan sealed under this section is taken to have been approved and sealed under Division 2 .
(1) Nothing in this Part renders any contract for the disposal of land or instrument of, or affecting, title illegal or void.
(2) Every contract for the legal subdivision of land which requires the approval of the council under this Part is taken to have been made subject to the giving of that approval.
121
Application to the Crown
121 Application to the Crown
(1) This Part binds the Crown as provided in this section.
(2) Land may not be disposed of by or on behalf of the Crown unless, if the disposition were that of a private person –
(a) it would not require an approval of a plan under this Part; or
(b) if it does require such an approval, it is in accordance with a plan which ought reasonably to be approved.
(a) that the disposition is in accordance with a plan that if it were the subdivision of a private person it ought reasonably to be approved under this Part; or
(b) that in the case of a disposition in accordance with a plan prepared before the commencement of this Part, so much of the land in it has already been disposed of that it is unreasonable to alter the plan.
122
Part prevails
122 Part prevails
The provisions of this Part prevail over the provisions of this or any other Act or any regulation, rule or by-law made under any Act relating to subdivisions.
123
Transitional matters arising under the Land Use Planning and Approvals Amendment (Streamlining of Process) Act 2014
123 Transitional matters arising under the Land Use Planning and Approvals Amendment (Streamlining of Process) Act 2014
amending Act means the Land Use Planning and Approvals Amendment (Streamlining of Process) Act 2014;
commencement day means the day on which the amendments to this Act made by the amending Act come into force.
(2) The amendments to this Act made by the amending Act apply in relation to an application for approval of a plan of subdivision that is made before the commencement day but that has not been determined by the issue of, or a refusal to issue, a discretionary permit or a permitted development permit.
124
Transitional matters arising under Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020
124 Transitional matters arising under Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020
(2) The amendments to this Act made by the amending Act do not apply, and this Act, as in force immediately before the day on which those amendments commence, applies, in relation to a council, in relation to a final plan lodged with the council under section 88(1) before that day.
(3) The amendments to this Act made by the amending Act do not apply, and this Act, as in force immediately before the day on which those amendments commence, applies, in relation to the Recorder of Titles, in relation to a final plan lodged with the Recorder of Titles under section 88(2) before that day.
Part 7 Long Service Leave and Employees Assurance Scheme
225
Interpretation of Division
225 Interpretation of Division
In this Part, employee means any person employed in any capacity by a council.
226
Non-application of Part
226 Non-application of Part
(1) Subject to subsection (2) , this Part does not apply to employees employed by the Hobart City Council and the Launceston City Council.
(2) The Minister, byorder and at the request of the Hobart City Council or the Launceston City Council, may declare that this Part applies to employees employed by the Hobart City Council or the Launceston City Council.
227
Entitlement to long service leave
227 Entitlement to long service leave
(1) An employee who completes at least 10 years' of continuous employment as an employee of one or more councils is entitled to be granted a period of long service leave calculated in accordance with this Part.
(2) A period of long service leave is a period of –
(a) 90 days for the first 15 years of employment completed before 1 July 1969; and
(b) 90 days for each 10 years of employment completed after that date.
(3) Any period of long service leave granted to an employee consists of the appropriate number of consecutive days, inclusive of any Saturdays, Sundays or public holidays occurring during the period.
(4) If an employee becomes entitled to long service leave under this section, the council by notice in writing, may direct the employee to commence the leave within 6 months after the date of the notice.
(5) If the employee fails or refuses to comply with the notice under subsection (4) , the employee is taken to have forfeited all rights and privileges under this section up to the date of the notice.
228
Length of employment
228 Length of employment
(1) For the purposes of this Part, the length of employment is to be calculated from the commencement of continuous service as an employee of one or more councils, and includes –
(a) any period of employment in a temporary capacity on probation; and
(b) any period of absence on leave, with or without pay; and
(c) any period of absence on leave for the purpose of serving as a member of any of Australia's defence forces.
(2) If any employee is granted a period of long service leave, whether with or without pay, for any period of or exceeding 90 days, that period is not included as part of the period of employment for the purpose of calculating the long service leave, but that leave is not to be taken as breaking the continuity of employment.
(3) If an employee has held any permanent office in another council, and has accepted an office or position in a council directly from the other office, the length of employment is to be calculated from the date on which the employee was permanently appointed to the other office.
(4) Any long service leave granted to an employee referred to in subsection (3) while in the employment of the first-mentioned council is taken to have been granted under this section.
229
Salary in advance
229 Salary in advance
Any employee who is granted a period of long service leave may be paid salary or wages in advance for a period equivalent to that period.
More sections below
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Local Government (Building and Miscellaneous Provisions) Act 1993 .
2 Commencement
2 Commencement
This Act commences on a day or days to be proclaimed.
3 Interpretation generally
3 Interpretation generally
(1) In this Act –[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004]
[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004]building area means an area of land that, immediately before the commencement of section 5 of and Schedule 1 to theBuilding (Consequential Amendments) Act 2003 , was –
(a) an urban building area; or
(b) a changing building area; or
(c) a country building area –
within the meaning of section 43 of this Act as in force immediately before that commencement;
[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004]
[Section 3 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 3 Subsection (1) amended by No. 28 of 2009, s. 32, Applied:01 Sep 2009][Section 3 Subsection (1) amended by No. 28 of 2009, s. 32, Applied:01 Sep 2009]Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ;
council means a council within the meaning of the Local Government Act 1993 ;
councillor means a councillor within the meaning of the ;
Creates council powers relevant to access, road widening and acquisition of ways shown on sealed plans (ss 106-108, 96-97).
Contains provisions for preservation orders (heritage-type controls) including criminal penalties for contraventions and compensation/subsidy mechanisms (ss 241-245).
Regulates advertising hoardings, licensing and removal powers for councils (ss 246-247).
Preserves a distinct long service leave scheme for council employees (Part 7, ss 225-234): eligibility, calculation, recall-to-duty and apportionment between councils.
Identifies that several Parts and numerous sections have been repealed or amended by later Acts; the text shows which provisions remain operative and which have been removed (see Amendment history below).
The Act is highly procedural: it sets mandatory steps for owners, councils, surveyors and the Recorder of Titles; it creates time bars and response duties for councils and the Recorder; and it ties subdivision outcomes to other statutes and instruments, notably planning schemes under the Land Use Planning and Approvals Act 1993 and land registration under the Land Titles Act 1980. Where a planning scheme specifies "acceptable solutions" or "performance criteria", those scheme rules can displace some statutory prohibitions in this Part (see ss 83(1A), 84(1A)-(1B), 85A, 86(1A), 117(1A)).
Where the Act refers to other regimes (for example public stormwater under the Urban Drainage Act 2013, or water and sewerage connections under the Water and Sewerage Industry Act 2008), compliance with those statutory regimes is required before a final plan may be sealed (ss 83(7)-(8), 88(1)(ca), 88(1)(cb), 88(1A)).
Main concepts
The Act builds around a small set of recurring legal and technical concepts. Key concepts with immediate practical meaning in the text are:
Plan of subdivision / final plan / sealed plan: A plan of subdivision is the plan lodged to obtain planning permit approval (s 80). After council approval an owner must prepare a final plan by a registered surveyor in the form required by the Recorder of Titles and the permit (s 87). A final plan becomes a sealed plan when the Recorder of Titles signs the memorandum of acceptance and takes any necessary steps under the Land Titles Act 1980 (s 94). Sealed plans create legal effects (dedication of ways, easements and covenants) (ss 94-99).
Minimum lot and sub-minimum lot: The statutory minimum lot dimensions are prescribed in s 109 (default areas, frontages and other criteria for urban, country and changing building areas). A sub-minimum lot is a parcel which lacks the qualities of a minimum lot (s 80). The Act contains a detailed route to achieve lawful disposal or aggregation of sub-minimum lots (Divisions 7 and associated sections 111-115).
Planning scheme / acceptable solution / performance criteria: The Act cross-references planning schemes under the Land Use Planning and Approvals Act 1993 and allows schemes to specify "acceptable solutions" and performance criteria which, if complied with, can enable permitted or discretionary permits and may displace particular statutory prohibitions concerning subdivision (see ss 80 definition, 83(1A), 84(1A)-(1B), 85A(1)-(2), 86(1A), 117(1A)).
Security for payments and works: Before approval of a plan the council may require security for payments and execution of works (s 86). The Act lists categories of works and payments (including public stormwater system contributions where land is more than 30 metres from an existing public stormwater system under the Urban Drainage Act 2013) and prescribes bonds or guarantees as acceptable forms of security (s 86(2)-(4)).
Recorder of Titles' role: The Recorder is tasked with accepting sealed plans, bringing the land under the Land Titles Act 1980, making folios, correcting clerical errors (s 91), rejecting Priority Final Plans when the council has declined to seal, and interacting with councils and owners per specified business-day timelines (s 89, s 94).
Dedication and acquisition of ways: Sealed plans can dedicate roads and other ways to public use (s 95). Where a plan shows “to be acquired by the highway authority”, the owner must convey the way to the highway authority on demand and compensation is governed by the Land Acquisition Act 1993 if no agreement is reached (ss 83, 96-97).
Preservation order: A council, on recommendation of the National Trust of Australia (Tasmania), may prohibit demolition or alteration of buildings of historical or architectural interest and require maintenance; breaches attract fines or imprisonment (ss 241-245).
Priority Final Plan process and time limits: The Act provides an expedited procedure for final plans marked "Priority Final Plan" with tight time limits for lodging copies with the Recorder and for council/Recorder responses (ss 88(2), 89(1AA)-(2D)).
Supremacy within the statute: Section 122 states that the Part governing subdivision prevails over provisions in other Acts, regulations, rules or by-laws relating to subdivisions.
The Act repeatedly ties these core concepts to external technical regimes: the Land Titles Act 1980 for registration, the Land Use Planning and Approvals Act 1993 for permits and planning schemes, the Urban Drainage Act 2013 and Water and Sewerage Industry Act 2008 for service connections, and the Roads and Jetties Act 1935 and the Local Government (Highways) Act 1982 for interactions with state highways and highway authorities. Those cross-references structure compliance and inter-agency co-ordination.
Who it affects
The Act creates obligations and rights for a defined set of actors. The principal affected parties are:
Owners of land (defined in context by ss 80, 81, 83, 86, 87, 88): Owners wishing to subdivide must obtain approval under a planning permit or use a previously approved plan (s 81). Owners must prepare final plans via registered surveyors (s 87), provide schedules of easements (s 87(2)), lodge final plans with the council including evidence of completion of required works (s 88(1)(ca)), and may be required to provide security for payments and works (s 86).
Councils: Councils decide subdivision approvals, may require land for public open space or drainage (s 83), set and enforce security conditions (s 86), and must determine final plans within specified business-day timeframes (s 89). Councils may serve notices, make adhesion orders (s 110), order works to provide access (s 107), issue preservation orders (s 241) and require licences for advertising hoardings (s 246). Councils are liable for obligations if they approve contrary to statutory constraints (s 84(3)).
Recorder of Titles / Registrar: The Recorder accepts sealed plans, brings land under the Land Titles Act, may correct clerical errors (s 91), notify councils and owners of required amendments and has defined deadlines and processes for Priority Final Plans (s 89, s 94).
Highway authorities: Councils or authorities responsible for management of highways must be consulted where drainage affects state highways (s 84(1)(c), s 84(2)). Where plans mark ways as "to be acquired by the highway authority", acquisition procedures and compensation rules apply (s 83, s 97).
Regulated water/sewerage entities: A council may require a final plan to note that a regulated entity cannot or will not provide supply or sewerage, and a notification has the effect of an easement for that entity (s 83(7)-(8)). Works connecting to water, sewerage, stormwater and electricity are "relevant works" for acceptance of final plans (s 88(1A)).
Surveyors and legal practitioners: Final plans must be prepared by a registered surveyor and require schedules of easements signed by persons able to create the relevant estates; nominated legal practitioners may act for owners when easements are involved (ss 87-88). The Recorder may require survey notes and original documents (s 89).
Purchasers and mortgagees: Sealed plans create easements, covenants and may affect title; adhesion orders and sealed amendments can bind purchasers, mortgagees and successors and are registered under the Land Titles Act 1980 or Registry of Deeds (s 110(5)-(10), s 244).
Council employees: Part 7 preserves a long service leave regime for employees of councils (ss 225-234), including eligibility (s 227), entitlements on retirement or death (ss 230-231) and apportionment of employer liability between councils (s 234).
The Crown: This Part binds the Crown subject to certain conditions (s 121), and there are specific rules for Crown disposal of town land (s 121(3)). Many provisions also require the Recorder to bring land under the Land Titles Act when necessary (s 94).
Indirectly affected parties include lenders (mortgagees), developers, utilities and infrastructure providers, and persons or organisations with historical interest (National Trust recommendations trigger preservation orders). The Act creates interests that can run with the land and be registered, so purchasers and financiers should be aware of potential easements, adhesion orders, preservation orders and registered charges.
Key duties and rights
This section summarises principal operative obligations, powers and entitlements that the Act creates.
Owner duties and rights
Do not subdivide except by previously approved plan or plan approved by permit under the Land Use Planning and Approvals Act 1993 (s 81(1)). Offence attracts a fine up to 50 penalty units; the court may instead order forfeiture of value or cost of building (s 81(1), (3)).
Prepare a final plan in accordance with Recorder requirements and any permit conditions (s 87(1)).
Attach a schedule of easements to the final plan signed by the persons able to create the estates/interests to be created (s 87(2)-(4)).
Lodge final plan with the council with evidence of completion of required works and compliance with permit conditions (s 88(1)(ca)-(cb)); pay council and Recorder fees unless marked "Priority Final Plan" (s 88(1)(d)).
Council duties and powers
Before approving a plan, may require the owner to sell land for public open space or mark ways "to be acquired by the highway authority" (s 83(1)(a)-(b)).
May require security for payments and execution of works before approval; types of works include stormwater, roads, footways, drainage and piping watercourses (s 86(1)-(2)). Security may be a bond or an approved institutional guarantee (s 86(3)).
Must not approve plan where a proposed lot lacks minimum lot qualities, or is smaller than allowed by planning scheme, or concentrates drainage into State highway drains without Ministerial approval (s 84(1)). Planning schemes may specify acceptable solutions and performance criteria that modify application of these prohibitions (s 84(1A)-(1B)).
Determine whether a final plan complies with the Part within 20 business days of lodgement (s 89(1AA)). Councils may request further information within 10 business days (s 89(1AB)). If satisfied, affix the council seal and lodge with the Recorder (s 89(1)).
May require owners to provide access works and, if owners default, enter to do the works and recover costs; apportion costs among owners served by a carriage-way (s 107(2)-(8)).
May make preservation orders on recommendation of the National Trust and enforce them (s 241).
Recorder of Titles duties and powers
Receive sealed plans, bring land under the Land Titles Act 1980 as required, create folios and deliver copies to owner, surveyor and council within 21 days of plan taking effect (s 94(2)).
Correct clerical errors in final plans unless council or owner objects (s 91).
For Priority Final Plans, may accept or reject within prescribed business-day periods; must reject where council has declined to seal or where time limits expire (s 89(2)-(3)). The statutory text provides detailed procedural deadlines (s 89(2A)-(2E)).
Rights and compensation
Owners are entitled to fair price where they claim a valuable interest in land over or under a proposed way; if no agreement, compensation is determined under the Land Acquisition Act 1993 (s 83(2)-(3)).
Where council increases public open space obligations beyond one twentieth of the plan area, the council must purchase the excess and pay a price proportionate to the excess (s 116(1)-(4)). Councils hold payments for public open space on trust and may seek reimbursement from the Treasurer in defined circumstances (s 117(5)-(8)).
Persons adversely affected by amendments to sealed plans may be entitled to compensation provided statutory notice and timing requirements are observed (ss 103-105).
Enforcement tools and sanctions
Monetary fines and imprisonment where provided (e.g. preservation order offences s 241; advertising hoardings ss 246-247). Specific fines listed: s 81 penalty up to 50 penalty units for unauthorised subdivision; s 94(5) fine not exceeding 10 penalty units for obstructing a right shown on a plan; preservation order penalties up to 10 penalty units or imprisonment up to 3 months (s 241).
Councils may enter, do work, and recover expenses certified by their engineer where owners default on works or fail to obey access orders (s 86(6), s 107(3)-(7)). Councils may remove advertising hoardings erected without licence and add removal costs to any penalty (s 247(4)-(5)).
Courts may order forfeiture instead of fine for subdivision offences and may adjourn proceedings where plan amendments would render the complained act lawful (s 81(3), s 94(6)-(7)).
Procedural priorities and preconditions
Final plan lodgement must be accompanied by evidence that relevant works are completed and that permit conditions that must be complied with before sealing have been met (s 88(1)(ca)-(cb)).
Security instruments must be in specified forms and guarantees must come from authorised deposit-taking institutions or approved corporations (s 86(3)).
Planning scheme acceptable solutions or performance criteria can make some statutory prohibitions inapplicable where complied with (ss 83(1A), 84(1B), 85A(2), 86(1A), 117(1A)).
These duties and rights create a chain of compliance from permit, through works and security, final plan preparation and council/Recorder acceptance to registration and land title effects.
Penalties and enforcement
The Act provides a mix of criminal and civil enforcement measures, statutory timeframes and administrative remedies. Enforcement mechanisms appear at multiple points and are primarily designed to secure compliance with subdivision rules, protection of heritage buildings, and municipal controls over local infrastructure and advertising.
Monetary penalties and custodial sanctions
Subdivision without approval: s 81(1) makes unauthorised subdivision an offence punishable by a fine not exceeding 50 penalty units. Procedural peculiarity: in lieu of fine a court may order forfeiture of the value of the estate disposed of or the cost of building done up to trial (s 81(3)).
Obstruction or contravention of sealed-plan rights or restrictions: s 94(5) prescribes a fine not exceeding 10 penalty units for obstructing a right created by a sealed plan or contravening a restriction shown on the plan.
Preservation order offences: s 241(3) and (4) make it an offence to carry out demolition, alteration or unauthorised works in contravention of a preservation order. Penalty is up to 10 penalty units or imprisonment up to 3 months or both. The court must consider any financial benefit accrued from the offending act in fixing penalty (s 241(6)).
Administrative enforcement and remedies
Council powers to require removal and to destroy advertising structures (ss 246-247): councils can order removal by notice and, where non-compliance occurs, enter and remove/destroy non-compliant hoardings and add the cost of removal to any penalty (s 247(4)-(5)). Service of notices has a statutory method including attachment to the structure within seven days of the notice (s 247(2)).
Councils may enter land to do works the owner was required to do under access orders and enforce securities (ss 86(6), 107(3)). The council may recover expenses certified by its engineer, and those amounts are treated as payable under bonds or as debts due (s 86(3), (6); s 233(3) for debt recovery as to long service leave refund).
Adhesion orders (s 110) and registration: where an adhesion order binds parcels, the council must serve the order on persons appearing by registers and register it under the Land Titles Act 1980 or as if it were a judgment in the Registry of Deeds (s 110(5)). Non-service gives rise to damages but does not change the order's effect (s 110(6)).
Court involvement and compensation mechanisms
Compensation for acquisition or detrimental effects: where owners claim valuable interest in land over a proposed way, compensation is to be determined under the Land Acquisition Act 1993 if no agreement is reached (s 83(3)). Similarly, dedication as highway (s 96) and acquisition of ways (s 97) refer to compensation procedures under the Land Acquisition Act 1993.
Purchase of excess public open space: where final plan requires more public open space than the plan of subdivision and the excess exceeds 1/20th of the whole area, the council must purchase the excess; if parties cannot agree, price is determined under the Land Acquisition Act 1993 (s 116(1)-(3)). Section 117 similarly provides for payment instead of land with security and dispute resolution via the Land Acquisition Act (s 117(2)-(3)).
Recorder and court roles: the Recorder may accept sealed plans "upon an order of the Supreme Court" (s 94(1)(c)), giving a formal route to judicial intervention where the plan cannot otherwise be accepted.
Timeframes and procedural enforcement
The Act imposes strict business-day timeframes, particularly since the 2020 amendments for priority final plans: councils are to determine compliance within 20 business days and may request further information within 10 business days; the Recorder is given specific 13-day and 15-day review windows for priority plans (s 89(1AA), (1AB), (2A), (2C)-(2E)). Failure to act within these timeframes triggers specified statutory consequences (e.g. the Recorder may accept the sealed plan or notify requirements).
Other enforcement consequences
Non-compliance with access or maintenance notices can result in the council doing the work and apportioning costs, creating statutory charges on blocks and amounts recoverable in court (s 107(6)-(8)). The Act also creates equitable and registrable instruments (adhesion orders, preservation orders) that bind successors and create enforceable burdens or rights.
In short, enforcement mixes criminal sanctions for certain protected interests (heritage and unauthorised demolition), administrative powers for regulation and remediation (council entry, removal, recovery of costs), and civil compensation and acquisition procedures tied into the Land Acquisition Act 1993 and title registration mechanisms.
How it interacts with other laws
The Act is deliberately interwoven with other Tasmanian statutes and planning instruments. The text repeatedly cross-refers and conditions its processes on compliance with other regimes. Principal interactions:
Land Use Planning and Approvals Act 1993: subdivision approval under this Act is through permits issued under the Land Use Planning and Approvals Act (s 81(1)). Definitions such as "permitted development permit", "discretionary permit", "planning scheme", "acceptable solution" and "performance criteria" are cross-referenced or adopted from that Act (s 80). The Act explicitly allows planning schemes to specify acceptable solutions or performance criteria that may displace statutory prohibitions on subdivision where the acceptable solution is complied with (ss 83(1A), 84(1A)-(1B), 85A, 86(1A), 117(1A)). Practically, the planning scheme can change the application of many of the Act's default rules.
Land Titles Act 1980: final plan sealing, registration, creation of folios and land under the operation of the Land Titles Act are central to the Act (ss 87-94). The Recorder of Titles' duties are framed in the Land Titles Act context and the Act requires plans to be brought under that Act when necessary (s 94(2)(a), s 113). Adhesion orders and preservation order memorials are registered under the Land Titles Act (s 110(5), s 244).
Land Acquisition Act 1993: compensation for owners with valuable interests in land proposed for acquisition, compensation for dedications as highway, and pricing disputes over public open space purchase or payment are all referred to the Land Acquisition Act for determination when agreement cannot be reached (ss 83(3), 96(4), 116(3), 117(3)).
Local Government Act 1993 and Local Government (Highways) Act 1982: the terms "council", "general manager", and appointments are defined or referenced against the Local Government Act; obligations related to highways and works across highways are linked to the Local Government (Highways) Act 1982 and decisions affecting State highways require the Minister administering the Roads and Jetties Act 1935 to approve certain works (s 84(1)(c), s 86(2)(d), s 108).
Roads and Jetties Act 1935: where subdivision concentrates drainage into State highway drains, approval of the Minister under the Roads and Jetties Act is required and the Minister may impose indemnity covenants or conditions (s 84(1)(c), (2)).
Urban Drainage Act 2013 and Water and Sewerage Industry Act 2008: the Act makes payment and works obligations conditional on maps and connections under these Acts. For example, contributions for connection to a public stormwater system are required if the land is not within 30 metres of the public stormwater system as shown on the Urban Drainage Act map (s 86(2)(c)), and councils may require final-plan evidence of completed connections to water, sewerage and public stormwater systems (s 88(1)(ca)-(1A)).
Registration of Deeds Act 1935: when land not yet under the Land Titles Act is affected, the Recorder of Titles is to make entries in the Registry of Deeds to give notice (s 94(4)); preservation orders in relation to land not under the Land Titles Act are registered in the Registry of Deeds with prescribed content and certification (s 244(3)-(4)).
Strata Titles Act 1998: the Act excludes creation of lots by strata schemes from its definition of "subdivide" (s 80, subsection (1)(d) as amended), leaving strata subdivisions to the strata regime.
Electoral and administrative statutes: definitions (e.g. "council", "public stormwater system") and administrative assignments (s 4) reference other statutes to fix institutional responsibility.
The Act contains an express provision that this Part prevails over other Acts, regulations, rules or by-laws relating to subdivisions (s 122). That clause establishes internal primacy for the Act's subdivision rules while nonetheless relying on those other statutes to operationalise compensation, title registration and infrastructure connections.
Finally, the Act contains transitional provisions referencing the Land Use Planning and Approvals Amendment (Streamlining) Act 2014 and the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020, specifying the application of amendments to in-flight applications and to final plans lodged before commencement of amendments (ss 123-124). These transitional rules affect which version of procedural requirements applies in particular circumstances.
Amendment history
The provided text records an extensive history of amendments and repeals. The Act as presented contains numerous inserted or substituted subsections and identifies many Parts and sections that have been repealed. The source text itself is the authority for these changes; the following summarises the amendment and repeal references shown in the text:
Definitions and preliminary changes (s 3, s 80): multiple amendments are recorded to the definitions in s 3 (for example amendments by No. 26 of 2003, No. 85 of 1997, No. 28 of 2009, No. 66 of 2007, No. 71 of 2013). Section 80 (Interpretation of Part 3) shows amendments by No. 24 of 2014 (s 50) effective 1 Jan 2015, No. 19 of 1997 (s 4) effective 28 Jun 1997, No. 26 of 2022 (s 30) effective 1 Dec 2022 and No. 10 of 2000 (s 18).
Repeals of entire parts: Part 2 was repealed by No. 100 of 2000, s 282 (applied 01 Jul 2004). Part 4 is repealed by No. 4 of 2002, s 58 (applied 01 Jul 2002). Part 5 repealed by No. 9 of 1998, s 5 (applied 31 Jul 1998). Part 6 repealed by No. 52 of 2008, Schedule 1, applied 01 Jul 2009. Part 3 remains operative in the provided text, but many sub-sections within Part 3 have been amended at various dates.
Subdivision and plan process amendments: s 81(2) was substituted by No. 24 of 2014, s 51 (applied 01 Jan 2015) to allow planning schemes to require applications to be made as for permits. Sections 83, 84, 85A, 86, 88, 89, 109 and other provisions show multiple later insertions and substitutions, notably by No. 24 of 2014 (streamlining amendments, applied 01 Jan 2015) and by No. 31 of 2020 (Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020) which inserted priority final plan procedures (ss 88(1)(ca)/(cb), 89(1AA), (1AB), (1AC), (1AD), and detailed Recorder timeframes). Section 86 shows amendments relating to public stormwater and other works (amendments by No. 71 of 2013, No. 52 of 2008).
Long Service Leave and other Parts: Part 7 retains long service leave rules but Division 2 of Part 7 has been repealed by No. 90 of 1995, s 11. Part 8 retains miscellaneous provisions including preservation orders and advertising hoardings, with later amendments to s 244 by No. 23 of 2021 (applied 01 Jan 2022) concerning endorsement on the folio.
Repealed sections and transitional provisions: multiple individual sections show repeal notes and amendment sources. Transitional sections 123 and 124 reference the Land Use Planning and Approvals Amendment (Streamlining) Act 2014 and the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020, and provide transitional application rules for in-flight matters.
This summary reproduces the amendment signals present in the text. For precise legislative history, the citations embedded in each section should be followed to the relevant amending Act entries indicated in the source (for example "Inserted by No. 24 of 2014, s. 54, Applied:01 Jan 2015" or "Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004"). The source itself contains the statutory provenance lines for each affected subsection and is the correct point of reference for enactment dates and amending instruments.
Litigation history
The document supplied does not record any judicial decisions or cases that interpret the Act. The Act does, however, create several areas likely to generate litigation or contested action:
Disputes over compensation and acquisition values are expressly routed to the Land Acquisition Act 1993 for resolution where parties cannot agree (ss 83(3), 96(4), 116(3), 117(3)). Those referral points import the Land Acquisition Act's dispute resolution pathways, which are adjudicative.
Court involvement is contemplated for acceptance of sealed plans "upon an order of the Supreme Court" (s 94(1)(c)), indicating a mechanism for judicial oversight where the administrative path is insufficient.
Procedural non-compliance by councils is addressed in limited ways: if a council approves contrary to s 84 it remains lawful but the council is liable to the Crown and is not punishable except on indictment with Attorney-General consent (s 84(3)). That provision signals possible Crown liability litigation against councils in particular circumstances.
Compensation claims in the context of preservation orders can be litigated in magistrates' courts where subsidy or purchase is in dispute (s 242(1)(b)).
Because the source text supplied names no cases, the deep dive above does not attempt to report case law. Practitioners should search Tasmania Supreme Court and Magistrates Court decisions for judicial interpretation of key areas such as: minimum lot determinations (s 109), the effect and enforceability of adhesion orders (s 110), the Recorder of Titles' powers on priority final plans (s 89 as amended), and the interplay between planning scheme acceptable solutions and the statutory prohibitions on subdivision (ss 83, 84, 85A).
Gotchas
The Act places several procedural traps and interoperability frictions practitioners and clients must watch for. These are not evaluative but concrete mechanics drawn from the text:
Planning scheme acceptable solutions can displace statutory prohibitions. Sections 83(1A), 84(1A)-(1B), 85A(1)-(2), 86(1A) and 117(1A) permit planning schemes to specify acceptable solutions or performance criteria that, if complied with, make certain statutory restraints inapplicable. Before relying on default statutory minima (s 109) or on statutory prohibitions, check the planning scheme for acceptable solutions that change the calculus.
Tight, business-day timeframes for final-plan handling since 2020. Section 89(1AA) requires councils to determine whether a final plan complies within 20 business days. Councils may request further information within 10 business days (s 89(1AB)); requests stop the 20-day clock (s 89(1AD)). Priority Final Plans have even tighter interaction points with the Recorder (ss 88(2), 89(2A)-(2E)), including very short windows (5 business days for the council to inform Recorder that it declined to seal a priority plan (s 89(2)), 13 business days for the Recorder to issue amendment notices for priority plans (s 89(2C)). Failure to manage these deadlines can forfeit the priority route or delay registration significantly.
Multiple agencies control preconditions. A final plan may require evidence of completed works that involve other statutory regimes: road works (Local Government (Highways) Act 1982), water and sewerage connections (Water and Sewerage Industry Act 2008), public stormwater map-based considerations (Urban Drainage Act 2013) (s 88(1)(ca), (1A)). An owner must coordinate with utilities and highway authorities; these external providers may have separate approval timetables and fees.
Security and bonding: councils may demand security for a wide range of works and payments (s 86(2)), including public stormwater contributions where land is not shown within 30 metres of the stormwater system under the Urban Drainage Act map (s 86(2)(c)). Security must be in the form of bond or approved guarantee (s 86(3)); councils can execute on guarantees or enter and carry out works and certify expenses under s 86(6). Ensure acceptable guarantors are pre-approved.
Adhesion orders change title handling and may be registered as judgments. Section 110(5) requires service on all persons appearing in the land registers and registration under the Land Titles Act or as a judgment in the Registry of Deeds. Once registered, the Recorder creates a single folio for the land and cancels old title certificates (s 110(7)). Lenders and purchasers must be advised because adhesion orders can effectively prevent separate dealing in parcels.
Public open space valuation and timing: if the council increases the area for public open space beyond one twentieth, the council must purchase the excess and value land at lodgment date; if parties disagree the Land Acquisition Act process applies (s 116). Alternatively, s 117 allows councils to require security for payment instead of land; the amount is calculated by ratio and may be disputed under the Land Acquisition Act (s 117(2)-(3)). That creates negotiation points and potential cash-flow traps for developers.
Council approvals contrary to statutory constraints are valid but create Crown liability for councils. Section 84(3) makes a council’s approval effective even if contrary to s 84, but imposes liability on the council to do anything the owner could have been required to covenant and immunities unless prosecuted on indictment with Attorney-General consent. That produces legal risk for councils and downstream purchasers.
Preservation orders are enforceable covenants that run with the land and may give rise to compensation or purchase obligations where the owner suffers hardship (ss 241-245). A preservation order may create subsidy entitlements where maintenance costs are excessive relative to annual value (s 242(1)(a)(ii)).
Many repeals and amendments mean that older plans may have been made under different statutory rules. Several Parts and numerous sections are repealed, and amendments are effective on various dates; transitional provisions (ss 123-124) preserve older rules for in-flight plans lodged before amendment commencement dates. Practitioners must check which version applied at the time the relevant application was made.
Interaction with titles outside the Torrens system. Where plans include land not under the Land Titles Act 1980, the Recorder must take steps to bring land under that Act and to make deeds registry entries; that process can delay acceptance and may require additional survey information (ss 89(6), 92(5), 113). Do not assume registration is a single office action.
Effect of sealed plan takes effect automatically but must be followed by Recorder action. A sealed plan becomes effective when the Recorder signs the memorandum of acceptance; but consequences (folio creation, bringing land under the Land Titles Act) occur within 21 days (s 94(1)-(2)). Until the Recorder acts, some practical rights and indexing may be incomplete.
These mechanics create coordination, timing and inter-agency risks; the Act prescribes strict documentary and evidence requirements before councils will seal final plans.
How to comply
This section sets out concrete compliance steps and checklists drawn from the Act for (A) owners/developers; (B) councils; and (C) surveyors, legal practitioners and the Recorder. Use these as a statutory checklist tied to the section references.
A. Owners / developers , minimum pathway to get a subdivision through
Pre-application planning
Check the relevant planning scheme and determine whether the subdivision is covered by a permitted development permit, discretionary permit, or whether a planning-scheme acceptable solution or performance criteria apply (s 80 definitions; ss 83(1A), 84(1A), 85A).
Determine minimum lot requirements under s 109, unless the planning scheme provides different dimensions (s 109(1), (8)).
Permit application and approval
Apply for the permit required under the Land Use Planning and Approvals Act 1993. Ensure the plan of subdivision aligns with permit conditions.
Be prepared to be required to sell for nominal consideration land shown as set apart for public open space or for drainage, or mark ways “to be acquired by the highway authority” (s 83(1)(a)-(b)). If claiming a valuable interest in the way, negotiate a fair price or prepare for Land Acquisition Act compensation (s 83(2)-(3)).
Works and security
Identify required works (roads, footways, stormwater, sewerage, electricity connections, piping of watercourses) and be ready to provide security as a bond or approved guarantee (s 86(2)-(4)). If land is >30 metres from the mapped public stormwater system, expect to pay for extension/connection costs (s 86(2)(c)).
If council requires public open space contributions, consider whether to supply land or security/payment under s 117. If required to increase open space beyond one twentieth, the council must purchase the excess (s 116).
Final plan preparation and docketing
Arrange for a registered surveyor to prepare the final plan consistent with Recorder of Titles’ requirements and permit conditions (s 87(1)). Prepare schedule of easements; ensure signatures by persons able to create the relevant estates, or nominate a legal practitioner to act (s 87(2); s 88(1)(b)).
Compile evidence of completion of relevant works and satisfaction of permit conditions that must be met before sealing (s 88(1)(ca)-(cb)). Identify relevant works per s 88(1A) (roads, water, sewerage, stormwater, electricity connections and drainage under State roads).
Lodgement and priority options
Lodge final plan and supporting material with council. If using the Priority Final Plan route, lodge copies with Recorder within 5 business days of council lodgement and include certification that copies are identical (s 88(2)).
Pay council fees and Recorder fees unless using "Priority Final Plan" (s 88(1)(d)).
Respond to council or Recorder requests
If the council requests further information within 10 business days, supply it promptly; such requests stop the 20-business-day review clock (s 89(1AB), (1AD)). For priority plans meet the tight deadlines in s 89.
Registration
If the council seals the plan, the council lodges it with the Recorder of Titles (s 89(1)). If sealed, the Recorder will accept and create folios and bring the land under the Land Titles Act as required (s 94(2)).
B. Councils , administrative and decision-making duties
Pre-approval powers
Use s 83 to require sale or labelling of open space/drainage and mark ways "to be acquired by the highway authority"; ensure compensation processes are in place where required (s 83(1)-(4)).
Apply s 84 to refuse plans where proposed lots lack minimum lot qualities or are inconsistent with planning scheme minima, subject to acceptable solutions/performance criteria in the planning scheme (s 84(1)-(1B)).
Security and works enforcement
Before sealing, require appropriate security for payments and works per s 86. Approve forms of guarantees and bonds, set time frames for works completion (s 86(3)-(4)), and ensure engineers' certification processes for costs and completion.
Final plan processing
Determine whether final plans comply within 20 business days (s 89(1AA)); if more information is required, request it within 10 business days (s 89(1AB)). Notify lodger promptly of non-compliance (s 89(1AA)(d)).
For priority final plans, decline or affix seal and inform Recorder within 5 business days where required (s 89(2)). Ensure that the council’s processes align with Recorder timeframes to avoid rejection (s 89(2)-(3)).
Notices, hearings and amendments
Where acting on its own motion to amend a sealed plan, serve notices to all persons listed in land registers (s 103(2)). Where an owner petitions for amendment, ensure service and hearing procedures are followed, and that compensation notices and rights to be heard are respected (ss 103-105).
Record-keeping and registration
When making preservation orders, lodge sealed copies with the Recorder and complete the general manager’s certificate to allow memorials to be entered on folios or in the Registry of Deeds (s 244).
C. Surveyors, legal practitioners and the Recorder , critical document and timing duties
Surveyors
Prepare final plans as required by Recorder and council and be prepared to produce survey notes and mathematical closure evidence as requested (ss 87(1), 92(5)).
Legal practitioners
Sign schedule of easements where necessary and certifying memorials for registration in the Registry of Deeds (s 87(2), s 244(4)(c)-(d)). Where a nomination of legal practitioner is required for easements, ensure representation and actions to carry the final plan through to effect (s 88(1)(b)).
Recorder of Titles
Accept sealed plans, bring land under Land Titles Act and create folios within 21 days of plan taking effect (s 94(2)). For Priority Final Plans, comply with the tighter acceptance/rejection timeframes and give requisite notices to council and owner as set out in s 89(2A)-(2E). Correct clerical errors in final plans unless objected to (s 91).
Practical compliance tips drawn from the text
Build statutory timelines into project plans: allow for council 20-business-day reviews, further information requests and Recorder windows for priority plans (s 89).
Coordinate with utilities and highway authorities early: final-plan sealing is contingent on completion and evidence of works such as water, sewerage, stormwater and road drainage (s 88(1)(ca), s 88(1A)).
Pre-approve guarantors with the council where possible (s 86(3)(b)) and ensure bond values exceed possible demands (s 86(3)(a)).
Check planning scheme acceptable solutions before contesting or negotiating a council refusal based on statutory minima; the scheme may authorise a permit even where the Act’s default rules would bar approval (s 109, ss 83(1A), 84(1A), 85A).
Where dealing with land not under Torrens title, expect additional steps and possible delays to bring the land under the Land Titles Act and extra documentary requirements (s 89(6), s 92(5), s 113).
Compliance under this Act is documentary and inter-agency heavy. Successful outcomes depend on co-ordinating permit conditions, securities, works completion and timely responses to councils and the Recorder per the listed statutory windows.
Director means the Director of Local Government appointed under the Local Government Act 1993 ;
elector means a person entitled to vote under the Local Government Act 1993 ;
erect includes construct and commence, carry on or complete;
expenses in relation to a council includes –
(a) the salaries and wages of its employees; and
(b) the compensation, purchase money or rent payable for land; and
(c) the cost of materials used, and the consideration payable under any contract, in connection with any work, undertaking or duty which the council is empowered or required to undertake under this Act; and
(d) the reasonable costs and outgoings incurred by the council in enforcing this Act or in suing for, or recovering, any charges or expenses;
general manager means a person appointed as such under the Local Government Act 1993 ;
highway does not include a highway over water other than bridges and fords;
inhabit in relation to a building means to live, work, sleep, eat or cook in the building;
[Section 3 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]legal practitioner means an Australian legal practitioner;
municipal area means a municipal area within the meaning of the Local Government Act 1993 ;
[Section 3 Subsection (1) amended by No. 85 of 1997, Applied:01 Jan 1998]
private in relation to a way, means not subject to use by the public as of right;
public in relation to a way, means subject to use by the public as of right;
[Section 3 Subsection (1) amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013]public stormwater system has the same meaning as in the Urban Drainage Act 2013;
Recorder of Titles means the person appointed as such under the Land Titles Act 1980 ;
Register has the same meaning as it has in the Land Titles Act 1980 ;
road means –
(a) any land subject to a right of way for wheeled vehicles; and
(b) any land which obviously appears to be regularly used for the passage of wheeled vehicles; and
(c) any land made ready to be regularly so used, together with any adjoining path;
State highway means a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 ;
street means –
(a) a road with building continuous or nearly continuous on both sides or with the adjoining lands laid out for that purpose; and
(b) a terrace being a road with such building or land so laid out on only one side; and
(c) a cul-de-sac being a rectangular, polygonal or rounded space containing a road and with the perimeter so built on or so laid out;
way means –
(a) any land over which anyone other than the person in possession, his or her family, servants, customers or callers, may of right pass and repass with or without animals and vehicles; and
(b) any land which obviously appears to be regularly used for the passage of persons with or without animals or vehicles; and
(c) any land made ready to be so regularly used.
(2) If a path would be adjoining but for a nature strip, the path is taken to be adjoining and the nature strip is taken to be part of the road.
(3) A railway or tramway, other than a street tramway, is not a road except where it crosses a road on the same level or, in running along a road, it is not separated from the road by any fence, cattle-guard, hedge, ditch or wall.
4 Administration of Act
4 Administration of Act
Until provision is made in relation to this Act by order under section 4 of theAdministrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Minister for Local Government; and
(b) the Department responsible to the Minister for Local Government in relation to the administration of this Act is the Department of Environment and Land Management.
Part 2
[Part 2 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
Division 1
[Division 1 of Part 2 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
5.
[Section 5 Subsection (1) amended by No. 44 of 1994, s. 106 ][Section 5 Subsection (1) amended by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003][Section 5 Subsection (1) amended by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003][Section 5 Subsection (1) amended by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003][Section 5 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
6.
[Section 6 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
7.
[Section 7 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
Division 2
[Division 2 of Part 2 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
8.
[Section 8 Subsection (2) amended by No. 90 of 1995, s. 4 ][Section 8 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
9.
[Section 9 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
10.
[Section 10 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
11.
[Section 11 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
12.
[Section 12 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
13.
[Section 13 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 13 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 13 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 13 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
14.
[Section 14 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 14 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 14 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
Division 3
[Division 3 of Part 2 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
15.
[Section 15 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
16.
[Section 16 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
17.
[Section 17 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
18.
[Section 18 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
19.
[Section 19 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
20.
[Section 20 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
21.
[Section 21 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
22.
[Section 22 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
23.
[Section 23 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
Division 4
[Division 4 of Part 2 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
24.
[Section 24 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
25.
[Section 25 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
26.
[Section 26 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
27.
[Section 27 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
28.
[Section 28 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
Division 5
[Division 5 of Part 2 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
29.
[Section 29 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
30.
[Section 30 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
31.
[Section 31 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
32.
[Section 32 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
33.
[Section 33 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
34.
[Section 34 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
35.
[Section 35 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
35A.
[Section 35A Inserted by No. 9 of 1998, s. 4, Applied:31 Jul 1998][Section 35A Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
Division 6
[Division 6 of Part 2 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
36.
[Section 36 Subsection (8) amended by No. 17 of 1996, Applied:05 Dec 2000][Section 36 Repealed by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003]
37.
[Section 37 Subsection (1) amended by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003][Section 37 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
38.
[Section 38 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 38 Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 38 Repealed by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003]
39.
[Section 39 Substituted by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003][Section 39 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
40.
[Section 40 Repealed by No. 24 of 2003, Sched. 1, Applied:04 Jun 2003]
41.
[Section 41 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
42.
[Section 42 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
43.
[Section 43 Repealed by No. 100 of 2000, s. 282, Applied:01 Jul 2004]
Division 7
[*[Division 7 of Part 2 Repealed by No.
This is an opening excerpt, not the complete document.