sec.10Initial subdivision within the site

### sec.10 Initial subdivision within the site Upon the company becoming the proprietor of all land within the site, there shall be lodged with the registrar of titles a plan of survey of the site subdividing the site into— a lot or lots which comprise or together comprise the primary thoroughfare; and lots which together comprise the balance of the land in the site each of which lots shall be wholly within a zone. The registrar of titles shall not register the plan of survey lodged with the registrar pursuant to subsection (1) unless the plan has endorsed thereon the approval of the local government. When the plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each lot within each residential zone the maximum number of group title lots or building unit lots into which that lot may be subdivided for residential purposes. The local government shall not approve the plan of survey unless it is satisfied that the plan fulfils the requirements of subsection (1) and that the maximum number of group title lots or building unit lots into which a zone may be subdivided does not exceed and is not less than 90% of the number specified for that zone in the proposed use plan. The schedule that in accordance with subsection (3) accompanied the plan of survey shall be retained by the local government. A copy of the plan of survey and of the schedule referred to in subsection (3) shall be forwarded to the chief executive. Notwithstanding any other Act, for the purposes of subsection (2) , a lot shall be taken to have access to a dedicated road if— in the case of a lot that comprises or forms part of the primary thoroughfare—the primary thoroughfare adjoins a dedicated road; in the case of any other lot—that lot adjoins a lot that comprises wholly or partly the primary thoroughfare. A plan of survey may from time to time be lodged with the registrar of titles— to enable part of the land comprising the primary thoroughfare to cease to be part of the primary thoroughfare and other land to become part of the primary thoroughfare; or to amend the initial plan of survey in accordance with a variation of the boundary of a zone approved by— the local government under section 8 (2) ; or the Governor in Council under section 12M . The registrar of titles shall not register a plan of survey lodged with the registrar under subsection (8) (a) or (b) (i) unless the plan has endorsed thereon the approval of the local government. The local government shall not approve a plan of survey to be lodged under subsection (8) (a) or (b) (i) unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction. A copy of the plan of survey shall be forwarded to the chief executive. Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (8) , the initial plan of survey as amended by the firstmentioned plan shall become the initial plan of survey. s 10 amd 1987 s 5; 1987 No. 91 s 7 ; 1989 No. 114 s 5 ; 2009 No. 26 s 65 ; 2011 No. 27 s 326 (sec.10-ssec.1) Upon the company becoming the proprietor of all land within the site, there shall be lodged with the registrar of titles a plan of survey of the site subdividing the site into— a lot or lots which comprise or together comprise the primary thoroughfare; and lots which together comprise the balance of the land in the site each of which lots shall be wholly within a zone. (sec.10-ssec.2) The registrar of titles shall not register the plan of survey lodged with the registrar pursuant to subsection (1) unless the plan has endorsed thereon the approval of the local government. (sec.10-ssec.3) When the plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each lot within each residential zone the maximum number of group title lots or building unit lots into which that lot may be subdivided for residential purposes. (sec.10-ssec.4) The local government shall not approve the plan of survey unless it is satisfied that the plan fulfils the requirements of subsection (1) and that the maximum number of group title lots or building unit lots into which a zone may be subdivided does not exceed and is not less than 90% of the number specified for that zone in the proposed use plan. (sec.10-ssec.5) The schedule that in accordance with subsection (3) accompanied the plan of survey shall be retained by the local government. (sec.10-ssec.6) A copy of the plan of survey and of the schedule referred to in subsection (3) shall be forwarded to the chief executive. (sec.10-ssec.7) Notwithstanding any other Act, for the purposes of subsection (2) , a lot shall be taken to have access to a dedicated road if— in the case of a lot that comprises or forms part of the primary thoroughfare—the primary thoroughfare adjoins a dedicated road; in the case of any other lot—that lot adjoins a lot that comprises wholly or partly the primary thoroughfare. (sec.10-ssec.8) A plan of survey may from time to time be lodged with the registrar of titles— to enable part of the land comprising the primary thoroughfare to cease to be part of the primary thoroughfare and other land to become part of the primary thoroughfare; or to amend the initial plan of survey in accordance with a variation of the boundary of a zone approved by— the local government under section 8 (2) ; or the Governor in Council under section 12M . (sec.10-ssec.9) The registrar of titles shall not register a plan of survey lodged with the registrar under subsection (8) (a) or (b) (i) unless the plan has endorsed thereon the approval of the local government. (sec.10-ssec.9A) The local government shall not approve a plan of survey to be lodged under subsection (8) (a) or (b) (i) unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction. (sec.10-ssec.9B) A copy of the plan of survey shall be forwarded to the chief executive. (sec.10-ssec.10) Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (8) , the initial plan of survey as amended by the firstmentioned plan shall become the initial plan of survey. - (a) a lot or lots which comprise or together comprise the primary thoroughfare; and - (b) lots which together comprise the balance of the land in the site each of which lots shall be wholly within a zone. - (a) in the case of a lot that comprises or forms part of the primary thoroughfare—the primary thoroughfare adjoins a dedicated road; - (b) in the case of any other lot—that lot adjoins a lot that comprises wholly or partly the primary thoroughfare. - (a) to enable part of the land comprising the primary thoroughfare to cease to be part of the primary thoroughfare and other land to become part of the primary thoroughfare; or - (b) to amend the initial plan of survey in accordance with a variation of the boundary of a zone approved by— (i) the local government under section 8 (2) ; or (ii) the Governor in Council under section 12M . - (i) the local government under section 8 (2) ; or - (ii) the Governor in Council under section 12M . - (i) the local government under section 8 (2) ; or - (ii) the Governor in Council under section 12M .