sec.41Subdivision and amalgamation of land and opening of roads

### sec.41 Subdivision and amalgamation of land and opening of roads In this section— access means practical means of entry and exit for persons and, where appropriate, vehicles, from a road that abuts the area or South Bank lot concerned or by means of an easement. land means land— under the Land Title Act 1994 ; and within the corporation area. road means (for the purposes of the definition access only)— a street or road dedicated to public use; and a bridge or ferry and the approaches to them; and an access way that permits the movement of persons and, where appropriate, vehicles. In relation to South Bank public land only, a reference in this section to a reconfiguration of land (whether described as a subdivision, amalgamation or something else) includes a reference to a reconfiguration of land and the opening of roads permitted under sections 42 and 47 . Land may be reconfigured and roads may be opened under this Act. The registered owner of land may lodge with the registrar of titles a plan for the subdivision or amalgamation of land. The plan must— show, distinctly delineated, all roads dedicated to public use; and show each of the parcels into which the land is divided by the plan, with each parcel— distinctly delineated; and marked with a separate number or symbol; and be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and be endorsed by the appropriate authority; and otherwise comply with the requirements of the Land Title Act 1994 , other than section 50 (1) (g) and (h) of that Act. If the registrar of titles is satisfied that the plan is correct, the registrar of titles is to record the plan in the register kept under the Land Title Act 1994 . After the plan is recorded, the land must not be dealt with under that Act otherwise than in accordance with the plan. Subject to subsection (9) , the registrar of titles is to record in the register particulars of any dedication to public use of land under this section. Any dedication of land must be of all of the estate or interest of the owner in the land. Land dedicated to public use vests in the Crown. Land may be subdivided only if— each proposed South Bank lot has access or the appropriate authority has waived the requirement for access; and development approval for the subdivision has been given. Land may be amalgamated, and a road may be opened, only with the approval of the appropriate authority. When giving its approval to a dealing under this section, the appropriate authority must give the approval in the way required by the registrar of titles. s 41 sub 1991 No. 67 s 17 amd 1994 No. 11 s 194 sch 2 ; 2003 No. 24 s 22 ; 2003 No. 70 s 206 sch 2 ; 2021 No. 12 s 148 sch 3 (sec.41-ssec.1) In this section— access means practical means of entry and exit for persons and, where appropriate, vehicles, from a road that abuts the area or South Bank lot concerned or by means of an easement. land means land— under the Land Title Act 1994 ; and within the corporation area. road means (for the purposes of the definition access only)— a street or road dedicated to public use; and a bridge or ferry and the approaches to them; and an access way that permits the movement of persons and, where appropriate, vehicles. (sec.41-ssec.2) In relation to South Bank public land only, a reference in this section to a reconfiguration of land (whether described as a subdivision, amalgamation or something else) includes a reference to a reconfiguration of land and the opening of roads permitted under sections 42 and 47 . (sec.41-ssec.3) Land may be reconfigured and roads may be opened under this Act. (sec.41-ssec.4) The registered owner of land may lodge with the registrar of titles a plan for the subdivision or amalgamation of land. (sec.41-ssec.5) The plan must— show, distinctly delineated, all roads dedicated to public use; and show each of the parcels into which the land is divided by the plan, with each parcel— distinctly delineated; and marked with a separate number or symbol; and be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and be endorsed by the appropriate authority; and otherwise comply with the requirements of the Land Title Act 1994 , other than section 50 (1) (g) and (h) of that Act. (sec.41-ssec.6) If the registrar of titles is satisfied that the plan is correct, the registrar of titles is to record the plan in the register kept under the Land Title Act 1994 . (sec.41-ssec.7) After the plan is recorded, the land must not be dealt with under that Act otherwise than in accordance with the plan. (sec.41-ssec.8) Subject to subsection (9) , the registrar of titles is to record in the register particulars of any dedication to public use of land under this section. (sec.41-ssec.9) Any dedication of land must be of all of the estate or interest of the owner in the land. (sec.41-ssec.10) Land dedicated to public use vests in the Crown. (sec.41-ssec.11) Land may be subdivided only if— each proposed South Bank lot has access or the appropriate authority has waived the requirement for access; and development approval for the subdivision has been given. (sec.41-ssec.12) Land may be amalgamated, and a road may be opened, only with the approval of the appropriate authority. (sec.41-ssec.13) When giving its approval to a dealing under this section, the appropriate authority must give the approval in the way required by the registrar of titles. - (a) under the Land Title Act 1994 ; and - (b) within the corporation area. - (a) a street or road dedicated to public use; and - (b) a bridge or ferry and the approaches to them; and - (c) an access way that permits the movement of persons and, where appropriate, vehicles. - (a) show, distinctly delineated, all roads dedicated to public use; and - (b) show each of the parcels into which the land is divided by the plan, with each parcel— (i) distinctly delineated; and (ii) marked with a separate number or symbol; and - (i) distinctly delineated; and - (ii) marked with a separate number or symbol; and - (c) be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and - (d) be endorsed by the appropriate authority; and - (e) otherwise comply with the requirements of the Land Title Act 1994 , other than section 50 (1) (g) and (h) of that Act. - (i) distinctly delineated; and - (ii) marked with a separate number or symbol; and - (a) each proposed South Bank lot has access or the appropriate authority has waived the requirement for access; and - (b) development approval for the subdivision has been given.