Part 19ARectification of certificates

Part 19A—Rectification of certificates 223A—Applications for amendment (1) A registered proprietor may apply to have his certificate amended if— (a) the boundaries, area, or position of the land described in the certificate differ from the boundaries, area, or position of the land actually and bona fide occupied by him as being the land included in the certificate; or (b) the description of land in the certificate is erroneous or imperfect on the face of it. (2) A registered proprietor may apply to have the certificate of any other registered proprietor amended if any of the land described in the applicant's certificate, and actually and bona fide occupied by him as being the land included in his certificate, is, by reason of any error in survey or any misdescription, included in the certificate of the other registered proprietor. (3) Every application under this section shall be made in the appropriate form. 223B—Notices to be given (1) The Registrar-General shall cause notice of any application made under the last preceding section to be given to such persons as he thinks proper and shall by the notice appoint a time not less than fourteen days from the giving of that notice or from the publication of any advertisement mentioned in paragraph (b) of subsection (2) of this section, whichever is later, after which the application may be granted unless a caveat is lodged forbidding the granting thereof. (2) If the granting of an application to amend any certificate would affect land comprised in any other certificate, the Registrar-General shall— (a) in addition to any other notices mentioned in this section cause notice such as mentioned in subsection (1) of this section to be given to every person appearing by the Register Book to have any interest in the land comprised in that other certificate, and such notice shall be accompanied by a plan showing accurately the extent to which the said land will be affected if the application is granted; and (b) publish a notice such as mentioned in subsection (1) of this section in the Government Gazette. 223C—Power of Registrar-General to reject Notwithstanding any direction given or action taken by the Registrar-General in relation to any application made under this Part the Registrar-General may reject the application if the applicant fails to comply to his satisfaction, within such time as to him seems reasonable, with any requisition which he has made in regard to such application. 223D—Caveats (1) Any person claiming any estate or interest in any land in respect of which any application under this Part is made may, at any time before the application is granted, lodge a caveat in the Lands Titles Registration Office forbidding the granting of the application. (2) Every such caveat shall in all other respects be in the same form, shall be subject to the same provisions, and shall have the same effect with respect to the application against which it is lodged, as a caveat against bringing land under the provisions of this Act. 223E—Grant of application If the applicant satisfies the Registrar-General that proper grounds, as set out in section 223A, exist for altering the applicant's certificate or the certificate of any other person, or both such certificates, he shall grant the application: Provided that— (a) where an alteration of the applicant's certificate would affect land included in the certificate of any other person, the alteration shall not be made unless that land was included in that other person's certificate by reason of error in survey or misdescription; and (b) where the title to the land affected by the alteration has been determined in a contested proceeding in a court of competent jurisdiction, the Registrar‑General shall not make any alteration inconsistent with the determination of the court. 223F—Alterations of certificate in bringing land under this Act On bringing any land under this Act, the Registrar-General, without any specific application for the purpose, may amend the certificate relating to any other land, if by reason of error in survey or misdescription any land is included in that certificate which the Registrar-General is satisfied should be included in the certificate issued for the land so brought under this Act. 223G—Amendment of title Every amendment made under this Part may be made by the Registrar-General making the required alterations on the certificate of title. 223H—Notice of amendment of title On amending a certificate under this Part, the Registrar‑General must give notice in writing of the amendment to the registered proprietor of, and to all persons appearing in the Register Book to have an interest in, the land included in that certificate, and the Registrar‑General may, in his or her discretion, issue a new certificate with an amended description. 223J—Rectification by consent Where in the opinion of the Registrar-General it is expedient and desirable so to do, he may, with the consent of every person appearing by the Register Book to have any interest, make any correction or amendment to any certificate of title for the purpose of reconciling the boundaries shown in the certificate with the boundaries of the land occupied. 223K—Saving of other powers The powers conferred by this Part are in addition to, and shall not be deemed to be substituted for, any powers of correction or amendment conferred by any other provision of this Act. 223L—Operation of corrections Any correction or amendment made under this Part shall be deemed to have been made prior to the registration or recording of any instrument registered or recorded on any certificate so corrected or amended and extant at the time of such correction or amendment. Part 19AB—Division and amalgamation of allotments Division 1—Preliminary 223LA—Interpretation (1) In this Part, unless the contrary intention appears— allotment means— (a) the whole of the land comprised in a certificate except for a community or development lot or common property within the meaning of the Community Titles Act 1996 or a unit or common property within the meaning of the Strata Titles Act 1988; (b) the whole of the land comprised in a registered conveyance of land that has not been brought under the provisions of this Act; (c) a separately defined piece of land that is delineated on a public map and separately identified by number or letter (not being a piece of land that is identified in a Treasury receipt, certificate or other document or instrument of title as being part only of an allotment); (d) two or more separately defined pieces of land that are delineated on a public map and that are identified in a Treasury receipt, certificate or other document or instrument of title as forming one allotment for the purposes of this Part; (e) a separately defined piece of land delineated on a plan of division for the purpose of enabling the separate ownership in fee simple of that land; (f) a separately defined piece of land identified as an allotment for the purposes of this Part in a plan prepared by the Registrar-General and accepted for filing in the Lands Titles Registration Office; (g) where a primary plan of community division has been cancelled under Part 7 Division 3 of the Community Titles Act 1996 or a strata plan has been cancelled under Part 2 Division 7 of the Strata Titles Act 1988—the land comprising the former community parcel or site shown on the plan, but does not include— (h) any such land or piece of land that has ceased to be an allotment by virtue of subsection (5); or (i) land divided by a primary plan of community division under the Community Titles Act 1996 or a strata plan under the Strata Titles Act 1988; amalgamation means the amalgamation of two or more contiguous allotments into a single allotment; area means an area in relation to which a council is constituted; the Commonwealth Crown means the Crown in right of the Commonwealth and includes any instrumentality or agency of that Crown; council means a municipal or district council continued by or constituted under the Local Government Act 1934; the Crown means the Crown in right of the State and includes a Minister of the Crown and any instrumentality or agency of the Crown; division means the division of land into allotments, or the alteration of the boundaries of allotments, and includes subdivision and resubdivision but does not include amalgamation or the division of land by community plan under the Community Titles Act 1996 or by strata plan under the Strata Titles Act 1988; electricity entity means— (a) a person who holds a licence under the Electricity Act 1996 authorising the operation of a transmission or distribution network; or (b) a person exempted from the requirement to hold such a licence; or (c) Distribution Lessor Corporation or Transmission Lessor Corporation; holder of a statutory encumbrance means— (a) in relation to an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016—the Minister, council or greenway authority that entered into the agreement; or (b) in any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force; the Mount Lofty Ranges means that part of the State delineated in General Registry Office Plan No. 180 of 1992 and described in that plan as "Mt. Lofty Ranges Area"; public map means a public map as defined in the Crown Lands Act 1929; service easement means an easement in favour of— (a) a water industry entity for sewerage or water supply purposes; (b) a council or the Crown for drainage purposes; or (c) an electricity entity for electricity supply purposes, pursuant to section 223LG and includes an easement pursuant to a corresponding previous enactment; State Planning Commission means the State Planning Commission established under the Planning, Development and Infrastructure Act 2016; statutory encumbrance means— (a) an Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988; (b) an agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts Interpretation Act 1915; (c) an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016 (including an agreement under Part 5 of the Development Act 1993 that is taken to be an agreement under that Part of the Planning, Development and Infrastructure Act 2016); (d) any agreement or proclamation registered or noted on the title to land immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993; (e) a heritage agreement entered into under the Heritage Places Act 1993; (f) a heritage agreement entered into under the Native Vegetation Act 1991; (g) an access agreement entered into under the Recreational Greenways Act 2000; (h) a management agreement entered into under the River Murray Act 2003; (i) a management agreement entered into under the Upper South East Dryland Salinity and Flood Management Act 2002; (j) any other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition; thoroughfare includes a walkway; water industry entity means an entity involved in the water industry within the meaning of the Water Industry Act 2012. (2) In paragraph (e) of the definition of allotment in subsection (1)— plan of division means a plan of division (whether described as such, or as a plan of subdivision or resubdivision)— (a) that was, before 1 January 1900, deposited or filed in the Lands Titles Registration Office or deposited or enrolled in the General Registry Office; or (b) approved pursuant to the Planning and Development Act 1966 or a previous enactment and deposited, or accepted for filing, in the Lands Titles Registration Office or deposited or enrolled in the General Registry Office; or (c) that was deposited by the Registrar-General in the Lands Titles Registration Office in pursuance of Part 19AB on or after 4 November 1982, and that has not been superseded by a subsequent plan of division or been cancelled by or under this Act. (3) For the purposes of this Part, allotments (including part allotments) will be taken to be contiguous if they abut one another at any point or if they are separated only by— (a) a street, road, railway, thoroughfare or travelling stock route; or (b) a reserve or other similar open space dedicated for public purposes. (4) For the purposes of subsection (3) allotments (including part allotments) will be taken to be separated by intervening land if a line projected at right angles from any point on the boundary of one of the allotments or part allotments with the intervening land would intersect a boundary of the other allotment or part allotment with the intervening land. (5) Where a statutorily authorised division of land was made before the commencement of this Part, or is made in pursuance of this Part, that division will be taken to have superseded any former division insofar as it affected the same land (whether or not the former division was itself statutorily authorised) and hence any allotments that may have existed by virtue of any such former division of the land will, to the extent to which it has been superseded, cease to exist. (6) For the purposes of subsection (5) a division of land is statutorily authorised if effected in pursuance of this Part, or any previous enactment providing for the division of land. (7) An application or instrument under this Part may not be executed under a client authorisation. 223LB—Unlawful division of land (1) A person must not grant, sell, transfer, convey, mortgage or encumber an estate or interest (except a right-of-way or other easement) in land (whether or not the land has been brought under the provisions of this Act) unless that land constitutes— (a) the whole of an allotment, or of a number of allotments; or (b) an allotment or allotments and a part allotment that is contiguous with that allotment or with one or more of those allotments and is comprised within the same certificate; or (c) an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with 1 or more of those allotments and the allotment or allotments and part allotments are comprised within the same certificate. (2) Where land is comprised in a certificate, a person must not grant, sell, transfer, convey, mortgage or encumber an estate or interest (except a right-of-way or other easement) in portion of the land comprised in the certificate unless— (a) the portion of the land constitutes— (i) the whole of an allotment or of a number of allotments; or (ii) an allotment or allotments and a part allotment that is contiguous with that allotment or with 1 or more of those allotments; or (iii) an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with 1 or more of those allotments; and (b) the remainder of the land comprised in the certificate— (i) constitutes the whole of an allotment or of a number of allotments; or (ii) constitutes an allotment or allotments and a part allotment or part allotments that are contiguous with that allotment or one or more of those allotments; or (iii) constitutes an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with 1 or more of those allotments. (3) The requirement of contiguity in subsection (2)(b)(ii) does not apply to a part allotment that was not contiguous with any allotment in the certificate before the transaction occurred. (4) A transaction entered into in contravention of this section is void and no instrument purporting to give effect to such a transaction may be lodged for registration. (5) This section does not affect the validity of a contract to grant, sell, transfer, convey, mortgage or encumber an estate or interest in land if— (a) a division of land— (i) under this Part; or (ii) by strata plan under the Strata Titles Act 1988 or by community plan under the Community Titles Act 1996, is contemplated by the parties to the contract; and (b) the contract could, if the land were divided as contemplated by the parties, be carried into effect in conformity with this section; and (c) the contract provides that the grant, transfer, conveyance, mortgage or encumbrance of estates or interests in land pursuant to the contract will not have effect until the plan of division, strata plan or community plan contemplated by the parties has been deposited in the Lands Titles Registration Office by the Registrar-General. (6) Where— (a) before 4 November 1982— (i) land was laid out in a building unit scheme; and (ii) buildings were erected in accordance with the scheme; and (b) by virtue of leases or agreements with the registered proprietor of the land, two or more persons have exclusive rights to occupy separate portions of the land, this section does not affect the validity of an assignment of or other dealing with the rights of occupation existing under the leases or agreements referred to in paragraph (b). (7) This section does not affect the validity of— (a) a transaction lawfully entered into before 4 November 1982; or (b) a transaction of a class excluded by regulation from the provisions of this section. (8) In this section— allotment includes a community lot, a development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988; estate in land includes an estate of leasehold. 223LC—Application of this Part This Part does not apply in respect of unalienated Crown lands or land alienated from the Crown otherwise than in fee simple. Division 2—General procedures to be observed in relation to division of land 223LD—Application for division (1) An application for the division of land may be made to the Registrar-General by the registered proprietor of the land. (2) An application under this section must be— (a) in the appropriate form; and (b) signed by the applicant; and (c) accompanied by the prescribed fee. (3) Subject to this section, the application must be accompanied by— (a) a plan of division delineating the allotments into which the applicant seeks to divide the land; and (b) the certificate of a licensed surveyor in the prescribed form, and the applicant must comply with the requirements of the Registrar-General in relation to the application. (4) The Registrar-General may examine a plan of division before the application for the division is lodged under subsection (1) to determine whether the plan is in an appropriate form to be deposited in the Lands Titles Registration Office. (5) The regulations may provide that in prescribed cases, or cases of a prescribed class, no certificate is required under subsection (3)(b) unless the Registrar-General specifically requires such a certificate, and, in any other case, the Registrar-General may, if he or she thinks fit, dispense with any such certificate. (5a) The Registrar‑General must not deal with an application (other than an application of a kind prescribed by regulation) for the division of land unless satisfied that the certificate from the State Planning Commission required by section 138 of the Planning, Development and Infrastructure Act 2016 has been given, and is in force, in relation to the proposed division. (6) The certificate referred to in subsection (5a) expires at the expiration of one year after the application for the division of the land was lodged with the Registrar-General unless the Registrar-General extends the life of the certificate. (7) The plan and the application for division will, upon being lodged with the Registrar‑General, be taken for the purposes of this Act to be a single instrument presented for registration and will have priority over other instruments in accordance with section 56. (8) Subject to subsection (9), a plan of division or the application to which it relates cannot be withdrawn or amended without the consent of all the persons who are required by this Division to certify their consent to deposit of the plan. (9) The Registrar-General may permit an applicant, or a person who has certified his or her consent to deposit of a plan of division, to amend the application or the plan to which it relates in order to comply with this Act or with a requirement of the Registrar-General under this Act. (10) The provisions of this Act that apply to, or in relation to, instruments of a particular class will, subject to this Part, apply (with any necessary adaptations or modifications) to, or in relation to, a plan of division and the application for division if deposit of the plan in the Lands Titles Registration Office— (a) would operate to vest in a person under section 223LE the same kind of estate or interest as is vested by registration of instruments of that class; or (b) would discharge or otherwise extinguish an estate or interest in land under section 223LE of the same kind as is discharged or extinguished by registration of instruments of that class. (11) Except where the Registrar-General otherwise determines, an application for the division of land cannot be made unless the land has been brought under the provisions of this Act. (12) Where an application for the division of land that has not been brought under the provisions of this Act is permitted by the Registrar-General, references in this Division that are appropriate to, or in relation to, land that has been brought under the provisions of this Act will, in relation to that application, be read subject to appropriate adaptations and modifications. 223LDA—Application may deal with statutory encumbrances Despite any other statutory provision to the contrary, the Registrar‑General may treat an application under this Part as if it included an application for the variation or termination of a statutory encumbrance if— (a) the application or the plan of division specifies that variation or termination of a statutory encumbrance is to be registered or noted; and (b) the application is accompanied by— (i) a certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and (ii) such other documentary material in relation to the statutory encumbrance as the Registrar‑General may require. 223LE—Deposit of plan of division in Lands Titles Registration Office (1) Where due application is made to the Registrar-General for the division of land, the Registrar-General may deposit the plan of division to which the application relates in the Lands Titles Registration Office if the certificate issued by the Commission in relation to the proposed division has not expired under this Division. (2) Subject to subsection (3), where a plan of division or the application for division states that an estate or interest in land is vested in a person, deposit of the plan in the Lands Titles Registration Office operates to vest the estate or interest in that person to the extent to which it is not already vested in him or her. (3) An estate in fee simple will vest in a person under subsection (2) only if— (a) the person was, immediately before the plan of division was deposited in the Lands Titles Registration Office, the registered proprietor of an estate in fee simple in some part, or the whole, of the land, shown on the plan of division; or (b) the person is an agent or instrumentality of the Crown or the Commonwealth Crown or is entitled to acquire the land compulsorily under an Act or law of the State or the Commonwealth. (4) Where a plan of division or the application for division states that an estate or interest in land shown on the plan of division is discharged or otherwise extinguished whether wholly or in respect of part only of that land, deposit of the plan in the Lands Titles Registration Office operates to discharge or otherwise extinguish that estate or interest wholly or in respect of that part of the land. (5) Where the deposit of a plan of division will operate to vest an estate or interest (other than an estate in fee simple or a service easement) in a person, the terms on which the estate or interest will be held must be specified by including them in, or attaching them to, the application for the division of the land or by reference to another registered instrument. (6) Where an easement is shown on a plan of division, the plan or the application for division must specify which land is the dominant land (if any) and which land is the servient land in respect of the easement. (7) Upon deposit of a plan of division in the Lands Titles Registration Office, the Registrar-General must make such entries on the certificates relating to land affected by the plan as he or she considers necessary. 223LF—Streets, roads etc (1) Upon deposit of a plan of division in the Lands Titles Registration Office, all land shown on the plan as a street, road, thoroughfare, reserve or other similar open space will— (a) vest in fee simple in the council for the area in which the land is situated; or (b) where the land is not within the area of a council— (i) if provision is made by the regulations for the land to vest in a prescribed authority—vest in that authority; or (ii) in any other case—revert to the Crown. (2) All land shown on a plan of division deposited in the Lands Titles Registration Office as a street, road, thoroughfare, reserve or other similar open space— (a) must be held for the purposes indicated by the plan; and (b) is subject to such easements (excluding rights-of-way in the case of a street, road or thoroughfare) as are indicated on the plan of division; and (c) is free of all other estates and interests. (3) All land shown on a plan of division deposited in the Lands Titles Registration Office as a street, road, or thoroughfare will, for all purposes, be regarded as a public street, road, or thoroughfare. (4) Subsections (2) and (3) apply in relation to a plan of division deposited on or after 4 November 1982. (5) Compensation is not payable in respect of the vesting or reversion of land under this section. (6) An easement that is appurtenant to land that is shown on a plan of division as a street, road, thoroughfare, reserve or other similar open space ceases to be appurtenant to that land upon deposit of the plan in the Lands Titles Registration Office unless the plan shows that the easement will remain appurtenant to that land. 223LG—Service easements (1) Where it appears from a plan of division deposited in the Lands Titles Registration Office that any land delineated on the plan is subject, or intended to be subject, to an easement in favour of a water industry entity (or a predecessor or successor of such an entity) for sewerage purposes or for water supply purposes, the land is subject to an easement in favour of the entity (or its successor) entitling the entity its agents, servants and workmen at any time to break the surface of, dig, open up and use the land for the purpose of laying down, fixing, taking up, repairing, re-laying or examining pipes and of using and maintaining those pipes for sewerage or water supply purposes, as the case may be, and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes. (2) Where it appears from a plan of division deposited in the Lands Titles Registration Office that any land delineated on the plan is subject, or intended to be subject, to an easement in favour of a council or the Crown for drainage purposes, the land is subject to an easement in favour of the council (or its successor) or the Crown entitling the council or the Crown through its agents, servants and workmen at any time to break the surface of, dig, open up and use the land for the purpose of constructing, laying down, fixing, taking up, repairing, re-laying or examining drains or drainage pipes for the purpose of the drainage of water, sewage or other effluents and of using and maintaining such drains and pipes, and to enter the land at any time (if necessary with vehicles and equipment) for any of those purposes. (3) Where it appears from a plan of division deposited in the Lands Titles Registration Office that any land delineated on the plan is subject, or is intended to be subject, to an easement for electricity supply purposes which does not exceed ten metres in width and is in favour of an electricity entity, the land is subject to an easement in favour of the entity (and any other electricity entity to which it has leased its rights under the easement), entitling the electricity entity concerned, its agents, servants and workmen at any time— (a) to enter upon and to pass either with or without motor vehicles or other vehicles along or over the land; and (b) to construct and lay— (i) on or under the surface of the land ducts, pipes, conductors, cables, wires and other works; and (ii) on the surface of the land incidental or ancillary works for the transmission of electricity (including, without limiting the generality of the foregoing, manholes and cable markers); and (c) to suspend above the surface of the land conductors, cables, wires and other equipment and to construct supporting and other works incidental or ancillary to that purpose; and (d) without limiting the generality of any other right, to erect on any portion of the land designated "T/F" in the plan to a height not exceeding four metres or such other height as may be shown in the plan from the surface of the land, equipment for transforming electricity and incidental or ancillary works (including, without limiting the generality of the foregoing, such walls or other structures as the electricity entity considers necessary); and (e) from time to time to break the surface of, dig, open up and use the land for any of the purposes referred to in this subsection; and (f) to inspect, repair, alter, remove and replace any works referred to in this subsection; and (g) to transmit electricity by means of any such works. (4) No right to compensation arises— (a) by virtue of the fact that land becomes subject to an easement under this section; or (b) by virtue of the exercise of rights conferred by an easement under this section. (5) An easement in favour of an authority or entity under subsections (1), (2) or (3) vests in the authority or entity free of all estates and interests except easements indicated on the plan of division. (6) If by virtue of this section, any land is subject to an easement, the Registrar-General must make such entries in the Register Book as are necessary to evidence the easement. 223LH—Consent to plans of division (1) An application for division must be endorsed with— (a) where it appears from the Register Book that deposit of the plan of division in the Lands Titles Registration Office will affect the estate or interest of a person in the land to be divided or in any other land—a certificate signed by that person certifying that they have consented to the deposit of the plan; and (b) where it appears from the Register Book that a person, apart from the registered proprietor or a person referred to in paragraph (a) has, or claims, an estate or interest in the land to be divided—a certificate signed by that person certifying that they have consented to the deposit of the plan; and (c) where the land to be divided is subject to a statutory encumbrance—a certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the holder of the statutory encumbrance has consented to the deposit of the plan. (2) Where the deposit of a plan of division will operate to vest an estate or interest in land in a person, the application for division must be endorsed with a certificate signed by the person in whom the estate or interest will be vested certifying that he or she has consented to the deposit of the plan. (2a) Where the deposit of a plan of division would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has, or claims, an estate or interest in the servient land is not required in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land. (3) The Registrar-General may dispense with the requirement of consent under subsection (2) in relation to the vesting of an estate in fee simple in a street, road, thoroughfare, reserve or other similar open space or a service easement. (4) A person who has applied for division of land is not required to sign a certificate under this section. (5) The regulations may provide that in prescribed cases, or cases of a prescribed class, a certificate is not required under this section unless the Registrar-General specifically requires such a certificate. (6) The Registrar-General may, if he or she thinks fit, dispense with a certificate required by this section. 223LI—Assessment of stamp duty Where duty is payable under the Stamp Duties Act 1923 in relation to two or more transactions that will be effected by deposit of a plan of division, each of the transactions will be taken to be effected by a separate instrument for the purposes of assessing the duty. Division 3—Amalgamation 223LJ—Amalgamation (1) Where a person is the registered proprietor of two or more contiguous allotments, he or she may apply to the Registrar-General for amalgamation of those allotments into a single allotment. (2) An application under this section— (a) must be in the appropriate form; and (ab) must be signed by the applicant; and (b) must be accompanied by the prescribed fee; and (d) must, if the Registrar-General so requires, be accompanied by a plan of the allotment to be formed by the amalgamation; and (e) must be endorsed with or accompanied by, the consent of persons required by or under subsection (3); and (f) must be accompanied by such other documents as may be prescribed. (3) The consent of the following persons is required to an amalgamation of allotments under this Division: (a) a person who appears from the Register Book to have an interest as mortgagee or encumbrancee of the land or any part of the land to be amalgamated; (b) such other persons whose consents are required either in the opinion of the Registrar-General or by regulation. (4) Upon receipt of an application under this section, the Registrar-General may— (a) amalgamate the allotments to which the application relates into a single allotment; and (b) make such entries and notations in or upon the Register Book or plans of division or other plans in the Lands Titles Registration Office as are necessary to evidence the amalgamation; and (c) cancel certificates in respect of the amalgamated allotments and issue a new certificate in respect of the allotment formed by the amalgamation. (5) If— (a) an easement is appurtenant to one or more (but not all) of the allotments to be amalgamated; and (b) the consent of the proprietor of the servient land and of all persons who appear from the Register Book to have, or to claim, an estate or interest in the servient land is endorsed on the application for amalgamation, the easement will, upon amalgamation of the allotments, be appurtenant to the single allotment resulting from the amalgamation. (6) On— (a) amalgamation of allotments into a single allotment under this section; (b) amalgamation or merger of allotments into a single allotment under any other Act, the allotments out of which the single allotment was formed cease to be allotments for the purposes of this Part.