Sch 1Transitional provisions

Schedule 1—Transitional provisions 1 (1) Where— (a) a plan of resubdivision has been deposited or accepted for filing in the Lands Titles Registration Office under a previous enactment relating to the division of land and certificates of title in respect of some or all of the allotments created by the plan have not been issued because a condition for issue has not been satisfied; and (b) the Registrar-General has served notice in writing on the proprietor of the land (and on such other persons as is required by regulation) that he or she intends cancelling the plan, or that part of the plan to which the condition relates, at the expiration of the period (being at least two months) specified in the notice, the Registrar-General may cancel the plan, or the relevant part of it, if the condition has not been satisfied at the expiration of that period. (2) Where— (a) a plan of resubdivision has been deposited or accepted for filing in the Lands Titles Registration Office under a previous enactment relating to the division of land and certificates of title have not been issued in respect of some or all of the allotments created by the plan because a condition for issue has not been satisfied or for any other reason; and (b) the proprietor of the land to which the plan, or the relevant part of the plan, relates has applied to the Registrar-General for cancellation of the plan, or the relevant part of it; and (c) the persons whose consents are required by regulation have consented to the application, the Registrar-General may cancel the plan or the relevant part of it. (3) Where a plan, or part of a plan, is cancelled under this clause, all plans of resubdivision, or parts of such plans, affecting the same land that have been deposited or accepted for filing in the Lands Titles Registration Office under a previous enactment since the division on which the currently issued certificate of title for the land is based will be taken to have been cancelled. (4) Fees and contributions in relation to open space paid in respect of a plan, or part of a plan, of resubdivision cancelled by or under this clause are forfeited. (5) In this clause— plan of resubdivision means a plan of re-subdivision or a plan of subdivision as defined in the Planning and Development Act 1966 and includes a plan deposited or accepted for filing in the Lands Titles Registration Office before the commencement of that Act that satisfies the definition of either of those terms in that Act; previous enactment means an Act in force before the commencement of the Real Property Act Amendment Act 1982. 2 (1) Subject to this Schedule, the Registrar-General must deal with an application for the division of land made before the commencement of the Real Property (Miscellaneous) Amendment Act 1994 as though that amending Act had not come into operation. (2) A certificate of approval issued under section 223LF or 223LG before the repeal of those sections by the Statutes Repeal and Amendment (Development) Act 1993 and a certificate issued by the Development Assessment Commission under section 51 of the Development Act 1993 before the commencement of the Real Property (Miscellaneous) Amendment Act 1994 will expire on the second anniversary of the commencement of that Act unless the Registrar-General extends the life of the certificate. (3) The Registrar-General must not deposit a plan of division in the Lands Titles Registration Office pursuant to an application referred to in subclause (1) if a certificate referred to in subclause (2) on which the application depends has expired under that subclause. (4) If the Registrar-General is unable to deposit a plan of division pursuant to an application referred to in subclause (1) because a certificate referred to in subclause (2) has expired, the Registrar-General must reject the application and all instruments and other documents that depend on the deposit of the plan of division pursuant to the application. 3 (1) Subject to subclause (2), where an easement is appurtenant to land shown on a plan of division as a street, road, thoroughfare, reserve or other similar open space and the plan— (a) was deposited in the Lands Titles Registration Office under Part 19AB before the commencement of the Real Property (Miscellaneous) Amendment Act 1994; or (b) was deposited or accepted for filing in the Lands Titles Registration Office under a corresponding previous enactment; or (c) is deposited after the commencement of the Real Property (Miscellaneous) Amendment Act 1994 but as though it had not come into operation (see clause 2(1)), the easement ceases, or will be taken to have ceased, to be appurtenant to that land upon deposit of the plan in the Lands Titles Registration Office. (2) Subclause (1) does not apply if it was a condition or requirement of the relevant planning authorisation or the intention at the time of deposit or acceptance for filing of the plan that the easement should remain appurtenant to the land. 4 (1) Notwithstanding the repeal of the Planning and Development Act 1966, Part 6 of that Act, and the regulations relevant to that Part, continue to apply in relation to a plan of division that had been approved under that Act, or in respect of which an application had been made, before the commencement of the Real Property Act Amendment Act 1982. (2) A plan of division referred to in subclause (1) cannot be deposited or accepted for filing by the Registrar-General if the development approval granted in relation to the plan has lapsed under section 26 of the Statutes Repeal and Amendment (Development) Act 1993. (3) For the purposes of the continued application of Part 6 of the Planning and Development Act 1966, and the regulations relevant to that Part, under subclause (1), references to the Director will be construed as references to the Presiding Member of the Development Assessment Commission. 5 In this Schedule— division includes subdivision and resubdivision. Schedule 2—Application to bring land under the provisions of the Real Property Act 1886 Schedule 3—Caveat forbidding lands to be brought under the Real Property Act 1886 Schedule 5—A free and unrestricted right‑of‑way (section 89) A full and free right and liberty to and for the proprietor or proprietors for the time being taking or deriving title under or through this instrument, so long as he or they shall remain such proprietors, and to and for his and their tenants, servants, agents, workmen, and visitors, to pass and repass for all purposes, and either with or without horses or other animals, cart, or other carriages.