This regulation prescribes the technical format, signing, approval and registration rules for land plans and related instruments within the South Bank Corporation area — including paper sizes, form requirements, execution and consent procedures (secs 3, 17, 18, 19, 10). It requires the registrar of titles to record and number plans and instruments, enforces value‑proportion rules for stratum subdivisions, and sets how management statements operate and are amended (secs 8–9, 20, 23–27). Affected parties — surveyors, registered owners, lessees, mortgagees and the registrar — must comply with these procedural standards.
This regulation sets mandatory form, format and documentary requirements for plans and other instruments that are prepared for registration under the South Bank Corporation Act framework and recorded in the freehold land register. Mechanically, it operationalises registration by prescribing:
the paper size, density and presentation of plans (A3, at least 130gsm) and the required method for making alterations (strike through and initials), including who must initial boundary changes (the surveyor, and where boundaries change the appropriate authority and the registered owner) (s 3);
the requirement that any plan given to an appropriate authority for approval be accompanied by an application for approval in the approved form (s 4);
how stratum lots must be defined visually and by levels tied to Australian height datum, including the need for elevations or sections for inclined planes and orthographic or isometric illustration (s 5);
what must be included in ordinary plans (certificates by the surveyor and registered owner, approval by the appropriate authority, and any other required matters) and the approved-form requirement for those certificates and approvals (s 6);
signature rules for plans and instruments prescribing which official signs for an “appropriate authority” (corporation manager for the corporation, or the council’s chief executive officer for the council) (ss 7, 18);
a duty on the registrar of titles to record particulars of each plan and instrument in the freehold land register and to allot plan numbers on registration (ss 8, 9, 20);
consent requirements that block registration unless accompanied by specified consents from bodies corporate, registered lessees and registered mortgagees where the plan affects common property or leasehold land (s 10);
Current sections
Direct links to the current provisions in South Bank Corporation Regulation 2014.
40
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the South Bank Corporation Regulation 2014 .
sec.2
Definitions
sec.2 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
pt.2
Preparation and registration of plans
Preparation and registration of plans
pt.2-div.1
General requirements
General requirements
sec.3
Format of plans
sec.3 Format of plans
A plan (the subject plan ) must be—
in the approved form; and
printed on paper that is—
A3; and
of a density of at least 130gsm; and
numbered as required by a plan direction relevant to the subject plan.
An alteration on a plan must be made by—
striking through the printing or writing being altered so the original printing or writing is still legible; and
having each of the following persons initial the alteration—
the surveyor who prepared the plan;
if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
In this section—
plan direction means a direction of the registrar of titles under the Land Title Act 1994 , section 10 (1) (b) about the required format for a plan.
s 3 amd 2021 Act No. 12 s 148 sch 3
(sec.3-ssec.1) A plan (the subject plan ) must be— in the approved form; and printed on paper that is— A3; and of a density of at least 130gsm; and numbered as required by a plan direction relevant to the subject plan.
(sec.3-ssec.2) An alteration on a plan must be made by— striking through the printing or writing being altered so the original printing or writing is still legible; and having each of the following persons initial the alteration— the surveyor who prepared the plan; if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
(sec.3-ssec.3) In this section— plan direction means a direction of the registrar of titles under the Land Title Act 1994 , section 10 (1) (b) about the required format for a plan.
(a) in the approved form; and
(b) printed on paper that is— (i) A3; and (ii) of a density of at least 130gsm; and
(i) A3; and
(ii) of a density of at least 130gsm; and
(c) numbered as required by a plan direction relevant to the subject plan.
(i) A3; and
(ii) of a density of at least 130gsm; and
(a) striking through the printing or writing being altered so the original printing or writing is still legible; and
(b) having each of the following persons initial the alteration— (i) the surveyor who prepared the plan; (ii) if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
(i) the surveyor who prepared the plan;
(ii) if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
(i) the surveyor who prepared the plan;
(ii) if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
sec.4
Plan to be accompanied by application for approval
sec.4 Plan to be accompanied by application for approval
A plan given to an appropriate authority for approval must be accompanied by an application for approval in the approved form.
sec.5
Defining a stratum lot
sec.5 Defining a stratum lot
A stratum lot must be defined by regular planes, that may be horizontal or inclined, fixed by reference to levels in relation to Australian height datum.
If a stratum lot is defined by an inclined plane, elevations or sections must be shown, identifying the plane with enough information to enable the level of any point on the plane to be calculated.
A stratum lot must be illustrated in orthographic form or isometric form.
In this section—
Australian height datum means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level.
(sec.5-ssec.1) A stratum lot must be defined by regular planes, that may be horizontal or inclined, fixed by reference to levels in relation to Australian height datum.
(sec.5-ssec.2) If a stratum lot is defined by an inclined plane, elevations or sections must be shown, identifying the plane with enough information to enable the level of any point on the plane to be calculated.
(sec.5-ssec.3) A stratum lot must be illustrated in orthographic form or isometric form.
(sec.5-ssec.4) In this section— Australian height datum means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level.
sec.6
What particular plans are to include
sec.6 What particular plans are to include
This section applies to a plan other than—
an easement plan; or
a plan for the subdivision or amalgamation of land as mentioned in section 41 (4) of the Act .
The plan must include each of the following—
a certificate by the surveyor who prepared the plan;
a certificate by the registered owner of the freehold estate in the land the subject of the plan;
an approval by the appropriate authority;
if the plan is required under division 2 to include another thing—the other thing.
The certificates and approval mentioned in subsection (2) must be in the approved form.
(sec.6-ssec.1) This section applies to a plan other than— an easement plan; or a plan for the subdivision or amalgamation of land as mentioned in section 41 (4) of the Act .
(sec.6-ssec.2) The plan must include each of the following— a certificate by the surveyor who prepared the plan; a certificate by the registered owner of the freehold estate in the land the subject of the plan; an approval by the appropriate authority; if the plan is required under division 2 to include another thing—the other thing.
(sec.6-ssec.3) The certificates and approval mentioned in subsection (2) must be in the approved form.
(a) an easement plan; or
(b) a plan for the subdivision or amalgamation of land as mentioned in section 41 (4) of the Act .
(a) a certificate by the surveyor who prepared the plan;
(b) a certificate by the registered owner of the freehold estate in the land the subject of the plan;
(c) an approval by the appropriate authority;
(d) if the plan is required under division 2 to include another thing—the other thing.
sec.7
Signing plans
sec.7 Signing plans
A plan required to be signed by an appropriate authority must be signed—
if the appropriate authority is the corporation—by the corporation manager; or
if the appropriate authority is the council—by the council’s chief executive officer.
(a) if the appropriate authority is the corporation—by the corporation manager; or
(b) if the appropriate authority is the council—by the council’s chief executive officer.
sec.8
Registrar of titles to record particulars of plans
sec.8 Registrar of titles to record particulars of plans
The registrar of titles must record, in the freehold land register, particulars of each plan that is required to be registered under the Act .
s 8 amd 2021 Act No. 12 s 148 sch 3
sec.9
Plan numbers
sec.9 Plan numbers
On registration of a plan, the registrar of titles must allot a number to the plan.
s 9 amd 2021 Act No. 12 s 148 sch 3
sec.10
Consent of body corporate, registered lessees and registered mortgagees
sec.10 Consent of body corporate, registered lessees and registered mortgagees
The registrar of titles must not register a plan unless it is accompanied by a consent, in the approved form, given by—
if the plan affects common property comprised in a leasehold building units plan—the body corporate of the leasehold building units plan; or
if the plan affects any other land—the registered lessee, and any registered mortgagee, of the leasehold estate in the affected land.
s 10 amd 2021 Act No. 12 s 148 sch 3
(a) if the plan affects common property comprised in a leasehold building units plan—the body corporate of the leasehold building units plan; or
(b) if the plan affects any other land—the registered lessee, and any registered mortgagee, of the leasehold estate in the affected land.
pt.2-div.2
Additional requirements for particular plans
Additional requirements for particular plans
sec.11
Stratum plan
sec.11 Stratum plan
A stratum plan must include 1 or more sheets showing—
the boundaries of the land intended to be subdivided by the stratum plan; and
the precise dimensions and location of—
the stratum lots intended to be created by registration of the stratum plan; and
roads to be dedicated to public use.
(a) the boundaries of the land intended to be subdivided by the stratum plan; and
(b) the precise dimensions and location of— (i) the stratum lots intended to be created by registration of the stratum plan; and (ii) roads to be dedicated to public use.
(i) the stratum lots intended to be created by registration of the stratum plan; and
(ii) roads to be dedicated to public use.
(i) the stratum lots intended to be created by registration of the stratum plan; and
(ii) roads to be dedicated to public use.
sec.12
Boundary adjustment plan
sec.12 Boundary adjustment plan
A boundary adjustment plan must include 1 or more sheets showing the precise dimensions and location of the boundaries of the redefined lots in the plan.
sec.13
Stratum plan of subdivision
sec.13 Stratum plan of subdivision
A stratum plan of subdivision must include 1 or more sheets showing—
the precise dimensions and location of the stratum lots intended to be created; and
the boundaries of the stratum lot intended to be subdivided.
(a) the precise dimensions and location of the stratum lots intended to be created; and
(b) the boundaries of the stratum lot intended to be subdivided.
sec.14
Stratum plan of amalgamation
sec.14 Stratum plan of amalgamation
A stratum plan of amalgamation must include 1 or more sheets showing—
the precise dimensions and location of the stratum lot intended to be created; and
the boundaries of the stratum lots intended to be amalgamated.
The registrar of titles must not register a stratum plan of amalgamation that amalgamates all the lots in a stratum plan unless the stratum plan of amalgamation is accompanied by a request to terminate the management statement for the stratum plan.
s 14 amd 2021 Act No. 12 s 148 sch 3
(sec.14-ssec.1) A stratum plan of amalgamation must include 1 or more sheets showing— the precise dimensions and location of the stratum lot intended to be created; and the boundaries of the stratum lots intended to be amalgamated.
(sec.14-ssec.2) The registrar of titles must not register a stratum plan of amalgamation that amalgamates all the lots in a stratum plan unless the stratum plan of amalgamation is accompanied by a request to terminate the management statement for the stratum plan.
(a) the precise dimensions and location of the stratum lot intended to be created; and
(b) the boundaries of the stratum lots intended to be amalgamated.
sec.15
Easement plan
sec.15 Easement plan
An easement plan must—
include a statement of intention to create the easements shown in the plan; and
otherwise be prepared, registered and dealt with under the Land Title Act 1994 , part 6 , division 4 , other than sections 82 (3) and 83A (2) (b) .
(a) include a statement of intention to create the easements shown in the plan; and
(b) otherwise be prepared, registered and dealt with under the Land Title Act 1994 , part 6 , division 4 , other than sections 82 (3) and 83A (2) (b) .
pt.3
Preparation and registration of instruments other than plans
Preparation and registration of instruments other than plans
pt.3-div.1
Preliminary
Preliminary
sec.16
Application of part
sec.16 Application of part
This part applies to instruments other than plans.
pt.3-div.2
General requirements
General requirements
sec.17
Format for instruments
sec.17 Format for instruments
An instrument must—
be in the approved form; and
be printed on paper that is—
A4; and
white bond of a density of at least 80gsm; and
free from discolouration and blemishes; and
have clear margins no smaller than 10mm on all sides; and
have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the form for a duty imprint; and
be completed on 1 side only, either—
printed with type size no smaller than 1.8mm (10 point); or
in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
have all pages of the instrument and all attachments securely bound together in a way approved by the registrar of titles.
An alteration on an instrument may be made only by—
striking through the printing or writing being altered so the original printing or writing is still legible; and
having each party to the instrument, and each witness, initial the alteration to the instrument.
s 17 amd 2021 Act No. 12 s 148 sch 3
(sec.17-ssec.1) An instrument must— be in the approved form; and be printed on paper that is— A4; and white bond of a density of at least 80gsm; and free from discolouration and blemishes; and have clear margins no smaller than 10mm on all sides; and have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the form for a duty imprint; and be completed on 1 side only, either— printed with type size no smaller than 1.8mm (10 point); or in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and have all pages of the instrument and all attachments securely bound together in a way approved by the registrar of titles.
(sec.17-ssec.2) An alteration on an instrument may be made only by— striking through the printing or writing being altered so the original printing or writing is still legible; and having each party to the instrument, and each witness, initial the alteration to the instrument.
(a) be in the approved form; and
(b) be printed on paper that is— (i) A4; and (ii) white bond of a density of at least 80gsm; and (iii) free from discolouration and blemishes; and
(i) A4; and
(ii) white bond of a density of at least 80gsm; and
(iii) free from discolouration and blemishes; and
(c) have clear margins no smaller than 10mm on all sides; and
(d) have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the form for a duty imprint; and
(e) be completed on 1 side only, either— (i) printed with type size no smaller than 1.8mm (10 point); or (ii) in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
(i) printed with type size no smaller than 1.8mm (10 point); or
(ii) in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
(f) have all pages of the instrument and all attachments securely bound together in a way approved by the registrar of titles.
(i) A4; and
(ii) white bond of a density of at least 80gsm; and
(iii) free from discolouration and blemishes; and
(i) printed with type size no smaller than 1.8mm (10 point); or
(ii) in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
(a) striking through the printing or writing being altered so the original printing or writing is still legible; and
(b) having each party to the instrument, and each witness, initial the alteration to the instrument.
sec.18
Signing instruments
sec.18 Signing instruments
An instrument required to be signed by an appropriate authority must be signed—
if the appropriate authority is the corporation—by the corporation manager; or
if the appropriate authority is the council—by the council’s chief executive officer.
(a) if the appropriate authority is the corporation—by the corporation manager; or
(b) if the appropriate authority is the council—by the council’s chief executive officer.
sec.19
Execution of particular instruments
sec.19 Execution of particular instruments
This section applies if—
an appropriate authority signs an instrument under the Act for registration in the land registry; or
a person, other than a person signing for an appropriate authority, signs an instrument required under section 48 (2) (b) of the Act to accompany an easement plan.
The instrument must be validly executed by the appropriate authority or person as mentioned in the Land Title Act 1994 , section 161 .
(sec.19-ssec.1) This section applies if— an appropriate authority signs an instrument under the Act for registration in the land registry; or a person, other than a person signing for an appropriate authority, signs an instrument required under section 48 (2) (b) of the Act to accompany an easement plan.
(sec.19-ssec.2) The instrument must be validly executed by the appropriate authority or person as mentioned in the Land Title Act 1994 , section 161 .
(a) an appropriate authority signs an instrument under the Act for registration in the land registry; or
(b) a person, other than a person signing for an appropriate authority, signs an instrument required under section 48 (2) (b) of the Act to accompany an easement plan.
sec.20
Registrar of titles to record particulars of instruments
sec.20 Registrar of titles to record particulars of instruments
The registrar of titles must record, in the freehold land register, particulars of each instrument that is required to be registered under the Act .
s 20 amd 2021 Act No. 12 s 148 sch 3
pt.3-div.3
Requirements for particular instruments
Requirements for particular instruments
sec.21
Section sec.21
s 21 om 2021 Act No. 12 s 148 sch 3
sec.22
Schedule of revised value proportions
sec.22 Schedule of revised value proportions
A schedule of revised value proportions must be in the approved form.
sec.23
Total value proportions for subdivided lots must remain equal
sec.23 Total value proportions for subdivided lots must remain equal
The registrar of titles must not register a stratum plan of subdivision unless the total of the proposed value proportions of the stratum lots intended to be created is equal to the value of the stratum lot intended to be subdivided.
s 23 amd 2021 Act No. 12 s 148 sch 3
sec.24
Replacement of schedule of current value proportions
sec.24 Replacement of schedule of current value proportions
This section applies to the registrar of titles when registering a schedule of revised value proportions accompanying a stratum plan of subdivision.
The registrar must replace the schedule of current value proportions for the stratum lots being subdivided with the schedule of revised value proportions for the stratum lots intended to be created.
In this section—
schedule of current value proportions , for stratum lots in a stratum plan, means the particulars—
in the management statement for the stratum plan; and
showing the apportionment of the value of the land comprised in the stratum plan among the stratum lots in the stratum plan.
s 24 amd 2021 Act No. 12 s 148 sch 3
(sec.24-ssec.1) This section applies to the registrar of titles when registering a schedule of revised value proportions accompanying a stratum plan of subdivision.
(sec.24-ssec.2) The registrar must replace the schedule of current value proportions for the stratum lots being subdivided with the schedule of revised value proportions for the stratum lots intended to be created.
(sec.24-ssec.3) In this section— schedule of current value proportions , for stratum lots in a stratum plan, means the particulars— in the management statement for the stratum plan; and showing the apportionment of the value of the land comprised in the stratum plan among the stratum lots in the stratum plan.
(a) in the management statement for the stratum plan; and
(b) showing the apportionment of the value of the land comprised in the stratum plan among the stratum lots in the stratum plan.
sec.25
Management statement
sec.25 Management statement
A management statement must—
be in the approved form; and
state, in a prominent way, that under section 46 (8) of the Act , the terms of the management statement are binding on—
the body corporate of the leasehold building units plan for the part of the building concerned; and
any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and
any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.
(a) be in the approved form; and
(b) state, in a prominent way, that under section 46 (8) of the Act , the terms of the management statement are binding on— (i) the body corporate of the leasehold building units plan for the part of the building concerned; and (ii) any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and (iii) any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.
(i) the body corporate of the leasehold building units plan for the part of the building concerned; and
(ii) any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and
(iii) any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.
(i) the body corporate of the leasehold building units plan for the part of the building concerned; and
(ii) any lessee, sublessee, occupier or mortgagee of a lot in the leasehold building units plan for the part of the building concerned; and
(iii) any lessee, sublessee, occupier or mortgagee of any part of the building or its site that does not form part of a stratum parcel.
sec.26
Amendment of management statement
sec.26 Amendment of management statement
The form for lodging an amendment of a management statement under section 46 (15) of the Act is a request to amend the management statement, in the approved form.
sec.27
Request to terminate management statement
sec.27 Request to terminate management statement
For section 42 (14) of the Act , a request to terminate a management statement must be in the approved form.
pt.4
sec.28
Section sec.28
s 28 om 2021 Act No. 12 s 148 sch 3
sec.29
Section sec.29
s 29 om 2021 Act No. 12 s 148 sch 3
pt.5
Repeal
Repeal
sec.30
Repeal
sec.30 Repeal
The South Bank Corporation Regulation 2003 , SL No. 126 is repealed.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the South Bank Corporation Regulation 2014 .
sec.2 Definitions
sec.2 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
pt.2 Preparation and registration of plans
Preparation and registration of plans
pt.2-div.1 General requirements
General requirements
sec.3 Format of plans
sec.3 Format of plans
A plan (the subject plan ) must be—
in the approved form; and
printed on paper that is—
A3; and
of a density of at least 130gsm; and
numbered as required by a plan direction relevant to the subject plan.
An alteration on a plan must be made by—
striking through the printing or writing being altered so the original printing or writing is still legible; and
having each of the following persons initial the alteration—
the surveyor who prepared the plan;
if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
In this section—
plan direction means a direction of the registrar of titles under the Land Title Act 1994 , section 10 (1) (b) about the required format for a plan.
s 3 amd 2021 Act No. 12 s 148 sch 3
(sec.3-ssec.1) A plan (the subject plan ) must be— in the approved form; and printed on paper that is— A3; and of a density of at least 130gsm; and numbered as required by a plan direction relevant to the subject plan.
(sec.3-ssec.2) An alteration on a plan must be made by— striking through the printing or writing being altered so the original printing or writing is still legible; and having each of the following persons initial the alteration— the surveyor who prepared the plan; if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
(sec.3-ssec.3) In this section— plan direction means a direction of the registrar of titles under the Land Title Act 1994 , section 10 (1) (b) about the required format for a plan.
(a) in the approved form; and
(b) printed on paper that is— (i) A3; and (ii) of a density of at least 130gsm; and
(i) A3; and
(ii) of a density of at least 130gsm; and
(c) numbered as required by a plan direction relevant to the subject plan.
(i) A3; and
(ii) of a density of at least 130gsm; and
(a) striking through the printing or writing being altered so the original printing or writing is still legible; and
specialised content requirements for particular plan types, including stratum plans, boundary adjustment plans, stratum plans of subdivision and amalgamation, and easement plans, with cross-reference to the Land Title Act for easement procedures (ss 11-15);
form and format specifications for instruments (A4 white bond, at least 80gsm, margins, duty imprint space, single-sided completion, minimum type size or equally permanent method, approved binding) and strict rules for alterations to instruments (s 17);
execution rules referring to the Land Title Act for validity where an appropriate authority signs or where instruments accompany an easement plan (s 19);
requirements about value proportions in stratum subdivisions, and substitution of schedules of current value proportions with revised schedules when a stratum plan of subdivision is registered (ss 22-24);
requirements for management statements, including a mandatory prominent statement that the management statement is binding under the Act on bodies corporate, lessees, sublessees, occupiers and mortgagees, and prescribed forms for amendment and termination requests (ss 25-27);
repeal of the prior South Bank Corporation Regulation 2003 (s 30).
The regulation therefore turns a set of spatial, documentary and procedural registration prerequisites into enforceable technical rules. It does not itself set planning policy, rates or development approvals. It delegates certain content and format standards to “approved form” and to plan directions given by the registrar of titles under the Land Title Act (see s 3 definition), which creates administrative choice points. The text contains explicit cross-references to the Land Title Act for format directions, registration practice and execution formalities (s 3, s 15, s 19). Several provisions carry amendment annotations referencing a 2021 Act (for example at ss 3, 8, 9, 10, 14, 17, 20, 23, 24), which the regulation itself records.
In short, the instrument makes physical-document standards, identification and consent requirements, and a small catalogue of substantive constraints (value proportions in subdivisions, binding text for management statements) into registration preconditions that allocate compliance tasks among surveyors, registered owners, appropriate authorities, bodies corporate, registered lessees and the registrar.
Main concepts
The regulation’s principal operational concepts are plans, instruments, the registrar of titles, appropriate authority, approved form, stratum lots and management statements. Each concept carries specific documentary or procedural obligations.
Plans and instruments: The regulation distinguishes plans (Part 2) from other instruments (Part 3). Plans have their own size/weight standard (A3, 130gsm) and content rules (s 3). Instruments are treated separately with a different format standard (A4, white bond, at least 80gsm) and extra layout requirements such as margins, a duty imprint space, single-sided completion, and minimum type size or otherwise permanent and photocopiable completion (s 17). Both require that alterations be made by striking through the original text so it remains legible and initialling by required persons (s 3(2) for plans; s 17(2) for instruments).
Approved form and plan direction: Many requirements must be in the “approved form”. The regulation does not itself include the approved forms; it delegates to an administrative instrument. For plans, numbering must follow a plan direction of the registrar of titles under the Land Title Act, s 10(1)(b) (s 3 definition). This creates a two-tiered standard: the regulation sets the high‑level rule and administrative instruments elaborate the precise template, numbering sequence and potentially other format details.
Appropriate authority and signatories: The term “appropriate authority” is used repeatedly to indicate the relevant approving entity. When an appropriate authority must sign, the regulation prescribes who signs on its behalf: the corporation manager where the authority is the corporation, or the council’s chief executive officer where it is the council (ss 7, 18). This concentrates decision and signature authority in named officeholders.
Stratum lot and stratum plans: The regulation sets technical drafting rules for stratum lots. A stratum lot must be defined by regular planes fixed to Australian height datum, with elevations or sections provided for inclined planes and orthographic or isometric illustration required (s 5). Stratum plans of subdivision must preserve total value proportions across the resulting lots relative to the lot being subdivided (s 23). When a stratum plan of subdivision is registered with a revised schedule of value proportions, the registrar replaces the current schedule in the management statement with the revised one (s 24). A stratum plan of amalgamation that amalgamates all lots in a stratum plan requires an accompanying request to terminate the management statement (s 14(2)).
Management statement: The regulation prescribes the required form of a management statement, and mandates it state prominently that it is binding under s 46(8) of the Act on bodies corporate, lessees, sublessees, occupiers and mortgagees of affected parts of buildings or sites (s 25). Forms for amendment and termination requests are prescribed to be in the approved form (ss 26, 27).
Registrar functions and constraints: The registrar of titles must record particulars of registered plans and instruments in the freehold land register (ss 8, 20) and must allot numbers upon registration of plans (s 9). The registrar is also given gatekeeping roles: for example, the registrar must not register a plan unless accompanied by specified consents (s 10), and must not register a stratum plan of subdivision unless the total of proposed value proportions equals the value of the existing lot (s 23).
Easements: Easement plans must include a statement of intention to create the easements and otherwise be prepared, registered and dealt with under the Land Title Act, part 6 division 4, except for certain specified subsections (s 15). The regulation therefore integrates easement processes with the Land Title Act machinery while carving out two particular subsections.
Execution and validity: When instruments are signed by appropriate authorities or in certain easement contexts, the instrument must be validly executed as provided in the Land Title Act, s 161 (s 19). The regulation therefore defers to the Land Title Act for execution formality rules.
Approved form and administrative discretion: Multiple “approved form” references, plan directions under the Land Title Act and cross-references to the registrar’s approvals create several administrative discretion points. The regulation sets the outer shell of obligations and delegates specifics to administratively issued forms and directions.
Overall, the regulation’s central concepts are technical drafting and filing standards, signatory rules, registrar recording duties, and the interplay between plans, value apportionment and management statements within a stratum/leasehold context.
Who it affects
The regulation allocates compliance tasks across identifiable economic and administrative actors. Primary affected parties are surveyors, registered owners of freehold and leasehold estates, bodies corporate of leasehold building units plans, registered lessees and registered mortgagees of leasehold estates, appropriate authorities (the corporation or the council), the corporation manager and the council’s chief executive officer, and the registrar of titles. Secondary effects extend to conveyancers, land registries, building managers, and anyone who prepares easement-related instruments.
Surveyors: Surveyors who prepare plans are required to certify the plan (s 6(2)(a)), to prepare plans in specified formats (A3, at least 130gsm) and to initial any alterations they make (s 3(2)(a)). When stratum lots are defined by inclined planes, surveyors must provide elevations or sections sufficient to calculate any point’s level (s 5(2)).
Registered owners and leasehold parties: Registered owners must provide a certificate for most plans (s 6(2)(b)). Where a plan affects leasehold property or common property in a leasehold building units plan, registration is blocked unless consent accompanies the plan from the body corporate (if common property is affected) or the registered lessee and any registered mortgagee (if other leasehold land is affected) (s 10). For alterations that affect a boundary, the registered owner must initial the alteration (s 3(2)(b)).
Bodies corporate and registered lessees/mortgagees: Bodies corporate are directly implicated as consenting entities for plans that affect common property (s 10(a)). Management statements are explicitly stated to be binding on bodies corporate of leasehold building units plans for the relevant part of the building and on lessees, sublessees, occupiers and mortgagees (s 25). Where a stratum plan of amalgamation would amalgamate all lots, a request to terminate the management statement must accompany the plan (s 14(2)), which places a tactical decision burden on bodies corporate and lessees.
Appropriate authority signatories: The regulation identifies who must sign on behalf of an appropriate authority. If the appropriate authority is the corporation, the corporation manager signs; if it is the council, the council’s chief executive officer signs (ss 7, 18). That concentrates the authority in particular officeholders, who must be available to sign approved-form documents.
Registrar of titles: The registrar acts as the recording and gatekeeping authority. The registrar must record particulars of each plan and instrument required to be registered and must allot plan numbers on registration (ss 8, 9, 20). The registrar must also refuse to register in certain circumstances, for example where required consents are missing (s 10) or where stratum subdivision value proportions do not total correctly (s 23). The registrar also issues plan directions (s 3 definition) which control numbering and other format particulars.
Developers and conveyancers: Practitioners preparing title-related documentation must comply with the precise paper, binding and format standards for instruments (s 17). They must ensure instruments are single-sided, have specified margins and a duty imprint space, and that alterations are correctly initialled by parties and witnesses (s 17(1), (2)). Conveyancers will be the practical interface with the registrar’s gatekeeping functions.
Land titling and registry operations: Registry staff must enforce format rules, check for required consents and schedules, record particulars, and follow through with schedule replacement for revised value proportions where a stratum plan of subdivision is registered (s 24). The registrar’s plan direction power (s 3 definition) suggests the registry will also produce detailed templates and numbering schemes that registrants must follow.
Owners of stratum lots and lessees: Owners and lessees in a stratum context are affected by the requirement that management statements must clearly state their binding effect (s 25) and by rules on value proportions for subdivisions and amalgamations (ss 23-24, 14(2)). The requirement to provide consents from registered lessees and mortgagees where leasehold estates are affected (s 10) gives registered interests an effective veto over registration.
Overall, the regulation affects both those who prepare title and plan documentation and those whose proprietary or leasehold interests may be altered by such documentation. Responsibility for compliance lies with practitioners, corporate officers, registrants and the registrar, with bodies corporate and registered lessees/mortgagees having protective procedural rights that can block registration in specified situations.
Key duties and rights
The regulation creates specific duties on preparers, signatories and the registrar, and confers protective procedural rights on certain registered interest-holders.
Duties on surveyors and preparers:
Prepare plans in the approved form, printed on A3 paper of at least 130gsm and numbered according to a registrar plan direction (s 3(1)(a)-(c)).
For stratum lots defined by inclined planes, provide elevations or sections adequate to compute levels of points on the plane (s 5(2)).
Include required certificates and approvals on plans other than easement plans or certain subdivision/amalgamation plans (s 6(2)); these certificates/approvals must be in the approved form (s 6(3)).
For instruments, comply with format obligations including A4 white bond paper of at least 80gsm, margins of at least 10mm, and a clear duty imprint space, and ensure single‑sided completion in a durable and photocopiable way and approved binding of pages (s 17(1)(b)-(f), (h)).
Duties on parties making alterations:
Make alterations on plans by striking through the original content so it remains legible and obtain initials from the surveyor; if boundaries are affected, the appropriate authority and the registered owner must also initial (s 3(2)).
For instruments, alterations must be struck through and initialled by each party and each witness (s 17(2)).
Signatory duties and corporate officer responsibility:
When an appropriate authority’s signature is required, the signature must be by the corporation manager where the authority is the corporation, or by the council’s chief executive officer where the authority is the council (ss 7, 18). This creates a duty for those officers to sign only approved-form documents.
Registrar duties and gatekeeping:
Record particulars of each plan and instrument required to be registered in the freehold land register (ss 8, 20).
Allot plan numbers upon registration (s 9).
Must not register a plan unless accompanied by required consents in approved form from the body corporate (if common property is affected) or from the registered lessee and any registered mortgagee for the leasehold estate affected (s 10).
Must not register a stratum plan of subdivision unless the total proposed value proportions of the intended lots equals the value of the lot being subdivided (s 23).
Replace the schedule of current value proportions in a management statement with a schedule of revised value proportions when registering a stratum plan of subdivision accompanied by such a schedule (s 24).
For stratum plan amalgamations that would amalgamate all lots, the registrar must not register such a plan unless it is accompanied by a request to terminate the management statement (s 14(2)).
Rights of registered interest-holders:
Registered lessees and registered mortgagees of leasehold estates have a procedural right to withhold or provide consent that is a precondition of registration when a plan affects leasehold land (s 10(b)).
Bodies corporate of leasehold building units plans have the same consent requirement where the plan affects common property comprised in a leasehold building units plan (s 10(a)).
Management statements, once lodged in the approved form and stating the statutory binding clause, are binding on bodies corporate, lessees, sublessees, occupiers and mortgagees of relevant lots (s 25). That binding effect is a substantive right for those who benefit under the management statement and a duty on those to whom the management statement binds them.
Cross-referenced execution rights and duties:
Where an appropriate authority signs an instrument for registration or where a person signs an instrument accompanying an easement plan, the instrument must be validly executed as provided by the Land Title Act, s 161 (s 19). This delegates execution formalities to the Land Title Act.
For easements:
An easement plan must include a statement of intention to create the easements shown and otherwise be prepared and processed under the Land Title Act, part 6 division 4, except for two specified subsections (s 15). The duty to include the statement of intention gives notice to interested parties and the registry.
The rights and duties together create a sequential compliance regime: accredited technical preparers must generate documentation to specified standards, interested registered parties have consent or notice rights that can prevent registration, and the registrar has explicit duties to record, number, and refuse registration where statutory preconditions are not satisfied.
Penalties and enforcement
The text of the regulation provided sets technical requirements and registrar duties, but it does not itself specify criminal penalties, fines or other sanctions within the sections included. Enforcement mechanisms are therefore procedural and administrative rather than penal within the text given, with the registrar of titles exercising primary enforcement through gatekeeping of registration. The main enforcement pathways evident from the text are:
Registrar refusal or non‑registration: The regulation repeatedly uses mandatory language that the registrar “must not register” in specified circumstances. For example, the registrar must not register a plan unless it is accompanied by the consents required under s 10, and must not register a stratum plan of subdivision unless the proposed value proportions add up correctly (s 10, s 23). The regulator’s refusal to register acts as a practical enforcement tool by denying the legal effects that registration confers.
Record‑keeping and official numbering: The registrar must record particulars of each plan and instrument and allot plan numbers on registration (ss 8, 9, 20). Failure to meet format and content requirements will therefore be operationally enforced at the point of lodgement. The requirement that documents be in approved form and meet specified physical standards (ss 3, 17) gives registry staff a checklist basis to reject lodgements.
Signature and execution conformity: The regulation prescribes authorised signatories for appropriate authorities (ss 7, 18), and requires that execution conform with the Land Title Act where an appropriate authority signs or where certain easement accompaniments are signed (s 19). Enforcement occurs through registry checks of execution and through deferral to the execution rules in the Land Title Act, which likely contain validation and challenge mechanisms.
Substantive binding effects: The regulation requires management statements to state prominently that they are binding under s 46(8) of the Act (s 25). The binding effect provides a private law enforcement route: parties bound by management statements may enforce rights or be subject to obligations under contract or other civil remedies. The regulation does not itself specify civil remedies, but the binding statement can be expected to be used to enforce obligations through ordinary civil processes.
No express fines or criminal offences in text: The regulation as supplied does not list monetary penalties, infringement notices, or criminal sanctions for non‑compliance with its format or content requirements. That absence means enforcement is implemented through the registrar’s acceptance or rejection of documents and through the civil enforcement of management statements under the Act. If penalties for breaches exist, they would be found in the parent Act, the Land Title Act, or other instruments, but those are not part of the provided text.
Administrative discretion and potential for challenge: The reliance on “approved form” and plan directions by the registrar grants registry officials decision points where non‑acceptance may occur. Those administrative decisions may be subject to internal review or external judicial review processes under administrative law, though the regulation does not specify a review mechanism. Contesting a refusal to register or a registrar direction would involve procedural rights tied to the Land Title Act or administrative law remedies, which are not reproduced in this regulation text.
Procedural blockers as de facto sanctions: The consent requirement in s 10 is an effective procedural enforcement right for registered lessees, mortgagees and bodies corporate; their refusal to provide the required consent prevents registration, which is functionally an enforcement mechanism protecting their interests.
In summary, the regulation’s enforcement architecture, as visible in the supplied text, is administrative and civil. The registrar’s power to refuse registration for non‑compliance, the requirement that management statements declare their binding effect, and the need for valid execution under the Land Title Act are the concrete enforcement and compliance levers present. The regulation does not itself create specified monetary penalties or criminal sanctions in the provisions supplied.
How it interacts with other laws
The regulation is tightly cross‑referenced to the Land Title Act and to the parent South Bank Corporation Act (referenced indirectly). Those cross‑references allocate formal aspects of title registration, execution and plan directions to the Land Title Act framework.
Cross‑references to the Land Title Act:
Plan direction definition: Section 3 defines “plan direction” as a direction of the registrar of titles under the Land Title Act, s 10(1)(b), about required format for a plan. The regulation sets core format rules and defers finer format and numbering instructions to the registrar under the Land Title Act (s 3).
Easement plan processing: Section 15 instructs that easement plans must be prepared, registered and dealt with under the Land Title Act, part 6 division 4, except for sections 82(3) and 83A(2)(b). The regulation therefore folds easement registration into Land Title Act procedures while excluding two specific subsections, which shifts the allocation of certain easement procedural steps or exceptions.
Execution formality: Section 19 requires that where an appropriate authority signs an instrument under the Act for registration, or where a person signs an instrument accompanying certain easement plans, the instrument must be validly executed as mentioned in the Land Title Act, s 161. This delegates the rules about who may execute instruments and how execution is validated to the Land Title Act.
The approved forms function and registrar plan direction powers referenced in the regulation are typically exercised under powers conferred by the Land Title Act; this regulation therefore operates as a sectoral supplement to the land registration regime established by the Land Title Act.
Cross-reference to the South Bank Corporation Act:
Several provisions in the regulation refer to obligations or sections “of the Act” without reproducing the parent Act in the text provided (for example s 6’s exception for subdivision/amalgamation as mentioned in s 41(4) of the Act; s 25’s explicit tie to s 46(8) of the Act; s 27’s reference to s 42(14) of the Act). Those cross‑references embed the regulation within the South Bank Corporation Act’s substantive scheme for how land within the South Bank precinct is managed, subdivided and subject to management statements. The regulation adds technical and procedural rules designed to operate within the parent Act’s allocation of powers and effects.
Interaction with bodies corporate / strata/leasehold regimes:
The regulation explicitly deals with leasehold building units plans, bodies corporate, management statements and value proportions. Those concepts frequently interact with strata and leasehold land law policy frameworks. The regulation’s requirement that management statements state their binding effect under s 46(8) makes the management statement enforceable in the web of contractual and property rights created under the parent Act and related land titling legislation.
Administrative law and registry practice:
The registrar’s duty to record particulars and to allot numbers creates operational overlaps with registry practice governed by the Land Title Act and any administrative law review mechanisms for registrar decisions. The regulation refers multiple times to “approved form” and plan directions, which are likely to be administrative instruments subject to their own legal limits and reviewability under administrative law, though the regulation does not set those limits itself.
Absence of other cross‑statutory references:
The regulation does not refer to planning instruments, environmental law, local government frameworks beyond the council chief executive officer signatory rule, or to taxation or stamp duty regimes. The instrument’s focus is operational registration detail. Any interaction with planning approvals, rates, stamp duty or other regimes must therefore be coordinated through those separate statutes; this regulation does not displace them.
Net effect:
The regulation functions as a procedural and technical adjunct to the larger land titling and South Bank governance legal landscape. It delegates execution and format matters to the Land Title Act while imposing sector‑specific requirements on stratum and leasehold matters that interact with management statement and body corporate rights under the parent Act.
Amendment history
The regulation text carries inline amendment annotations that record changes effected by a 2021 Act. The provided text shows multiple “amd 2021 Act No. 12 s 148 sch 3” annotations next to certain sections, and the omission of sections 21, 28 and 29 indicated by “om 2021 Act No. 12 s 148 sch 3”. The explicit amendment markers in the supplied regulation are the only amendment history available in the text, and they provide the following observable facts:
Sections explicitly annotated as amended by the 2021 Act No. 12, s 148 sch 3 include s 3, s 8, s 9, s 10, s 14, s 17, s 20, s 23, and s 24. Each of these sections shows the textual note “s <n> amd 2021 Act No. 12 s 148 sch 3”, indicating that the section was altered by that legislative instrument. The specific nature of the changes is not reproduced in the amendment annotation beyond indicating that amendment occurred.
Sections 21, 28 and 29 are marked as omitted by the 2021 Act (s 21 om 2021 Act No. 12 s 148 sch 3; s 28 om 2021 Act No. 12 s 148 sch 3; s 29 om 2021 Act No. 12 s 148 sch 3). The presence of these omissions in the present consolidated text means that the substantive content previously in those sections is no longer part of the current regulation as presented.
Several sections contain repeated or redundantly rendered text fragments and enumerations that are likely artefacts of the consolidation process or of the amendment annotations being rendered alongside the revised text. The consolidated content for each provision appears in the main body; the amendment annotations function as trace markers rather than containing substantive additional legal text.
What the annotation pattern signals:
The 2021 Act No. 12, s 148 sch 3 carried a package of discrete changes to multiple technical provisions within this regulation, including format rules for plans and instruments, registrar recording duties, and provisions relating to stratum plan value proportions and management statement schedules. The exact scope of the changes to each affected section would be available by comparing the pre‑2021 text with the post‑2021 consolidated text, but that comparative material is not included here.
The omission of three sections signals a deliberate pruning or reorganisation of the regulation’s contents in 2021. Without the prior text, the operational effect of the omission cannot be reconstructed from the present text alone.
Relevance for practitioners:
The inline amendment references serve as an audit trail establishing that the regulation has been updated recently (in 2021) and that some provisions were removed. Practitioners preparing to rely on this regulation should consult the consolidated version (as provided) and be cautious that forms and plan directions referenced as “approved form” may have been updated contemporaneously. The regulation itself defers to the registrar’s plan directions and approved forms, which are likely to have been aligned to the 2021 amendments.
Limitations of the amendment history in the supplied text:
The supplied regulation does not reproduce the 2003 regulation that was repealed, nor does it provide the pre‑amendment text or an explanatory memorandum. The only amendment history visible here is the explicit annotation indicating which sections were amended or omitted by the 2021 Act. The text does not provide dates of commencement for the amendments, nor does it include a schedule of transitional arrangements.
In short, the textual evidence in the regulation shows a set of targeted amendments effected in 2021, including deletions, but to trace the legislative evolution in greater detail one must consult the 2021 amending Act and archived versions of the regulation, which are not included in the body of text provided.
Litigation history
The supplied regulation text does not include any cases, judicial decisions, or litigation references. There are no named cases in the document and no reported disputes cited. Accordingly, there is no litigation history contained in the regulation to summarise.
That absence does not mean litigation cannot arise. Based on the regulation’s mechanics, the points that are plausibly litigated or challenged in other contexts (though not evidenced here) would be:
Registrar refusals to register on format or consent grounds. Because the regulation makes registration conditional on document form and specified consents (s 10, s 17), disputes might arise over whether the registrar correctly applied the “approved form” requirements or whether a purported consent satisfies the statutory standard. Administrative law remedies (judicial review) would typically be the avenue to challenge improper exercise of registrar discretion, but such remedies are not mentioned in the regulation.
Validity of execution where instruments are signed by an appropriate authority. Section 19 defers to the Land Title Act, s 161 for execution requirements. Disputes about whether an instrument is validly executed under the Land Title Act could produce litigation over title validity or enforceability of instruments.
The binding effect and content of management statements. Section 25 requires a prominent statement that the management statement is binding under s 46(8) of the Act. Litigation could arise over the interpretation and enforceability of terms in management statements, disputes between bodies corporate and lessees, or claims that a management statement improperly binds a party. The regulation itself does not set out dispute resolution procedures; any litigation would look to the parent Act and general contract or property law remedies.
Value proportions in stratum subdivisions. Section 23’s requirement that the total of proposed value proportions in a stratum plan of subdivision equal the value of the lot being subdivided could produce disputes over valuation methodology, the correct apportionment of value proportions, or the registrar’s acceptance of revised schedules and replacement of the current schedule in the management statement (s 24). These would be factual and technical disputes potentially involving expert evidence and judicial review of registrar decisions.
Consent requirements and competing interests. Section 10 gives registered lessees and mortgagees, and bodies corporate in certain contexts, the right to provide consent that must accompany a plan. Litigation could arise when the sufficiency of a consent is contested, or where parties allege undue interference with their proprietary interests.
Absent direct litigation history in the supplied text, those are illustrative risk areas inherent in the provision set. If litigation history is required for any of those issue areas in practice, the researcher must consult court databases and registries, or the parent Act’s reporting mechanisms, which are outside the provided regulation text.
Gotchas
The regulation contains many precise, technical requirements that create predictable traps for practitioners who assume more flexible drafting or lodgement regimes. The following are concrete pitfalls drawn from the regulation’s text.
Physical documents and format rigidity:
Plans must be printed on A3 paper with a density of at least 130gsm (s 3(1)(b)). Instruments must be printed on A4 white bond of at least 80gsm and be free from discolouration and blemishes, with margins no smaller than 10mm and a reserved duty imprint space of at least 90mm by 65mm at the top right-hand corner (s 17(1)(b)-(d)). Failure to meet these exact physical standards is a ground for the registrar to reject lodgement.
Instruments must be completed on one side only, in type no smaller than 1.8mm (10 point) or otherwise in a permanent photocopiable manner (s 17(1)(g)). If a practitioner uses smaller type, double-sided printing, or temporary ink, the registrar may refuse to accept the document.
Alterations procedural trap:
Alterations must be made by striking through the original so it remains legible and by obtaining initialling from the precise set of persons required. For plans, the surveyor and, where boundaries are affected, the appropriate authority and the registered owner must initial (s 3(2)). For instruments, each party and each witness must initial the alteration (s 17(2)). If one required initial is missing (for example, a large corporation manager is unavailable to initial a boundary change), the alteration may be a ground for rejection.
Signatory bottleneck:
When an appropriate authority signs, the signature must be by the corporation manager or the council’s chief executive officer (ss 7, 18). If those officers are not available or are unwilling to sign, registration cannot proceed. That concentrates operational responsibility in named officers and can cause delay.
Consent requirements operate as vetoes:
The registrar must not register a plan unless it is accompanied by consent in the approved form from the body corporate if common property is affected, or from the registered lessee and any registered mortgagee where other leasehold land is affected (s 10). Practitioners must secure these consents before lodgement. A missing or incorrectly completed consent will block registration.
Stratum value proportion arithmetic:
For stratum plans of subdivision, the registrar must not register the plan unless the total proposed value proportions of the new lots equals the current lot’s value (s 23). A numerical mismatch, or an inadequately supported schedule of revised value proportions, will prevent registration, and the registrar’s role in replacing schedules (s 24) creates a point at which the correctness of apportionment must be defensible.
Management statement procedural steps:
A stratum plan of amalgamation that amalgamates all lots must be accompanied by a request to terminate the management statement if required (s 14(2)). Omitting that request when required will prevent registration.
Easement plan exceptions:
Easement plans are largely handled under the Land Title Act, part 6 division 4, but the regulation excludes two subsections (s 15). Practitioners cannot assume the Land Title Act applies wholesale without checking the regulation’s carve-outs.
Approved form and plan directions:
Most certificates, approvals, management statements, amendment requests and termination requests must be in the approved form (s 4, s 6(3), s 25-27). The regulation therefore makes form compliance a condition precedent. If the approved form changes, practitioners must obtain the updated forms from the registrar. Relying on an outdated template can cause rejections.
Registry discretion and lack of penalty guidance:
The regulation gives the registrar mandatory refusal powers but does not specify remedies or penalties for non‑compliance within its text. Practitioners must manage transaction timing so that refusals do not cause cascade impacts on settlement dates or financing conditions.
Potential confusion from amendments:
Several sections show annotation that they were amended in 2021 and some sections have been omitted. Where practice has relied on earlier versions (for example, older consent procedures), practitioners must confirm they are using the current, consolidated regulatory form. Omitted sections (21, 28, 29) may have removed previously used procedural steps that could still be assumed in practice.
Binding language in management statements:
The regulation requires that management statements prominently state their binding effect (s 25). Parties who claim they were not on notice of restrictive management statement terms likely cannot rely on that defence where the management statement complies with s 25. Legal advisers should therefore inspect the management statement closely for obligations that may bind successors in title.
Execution formalities delegated to Land Title Act:
For validity of execution where appropriate authorities sign, the regulation defers to the Land Title Act, s 161 (s 19). Practitioners must therefore align execution practices with the Land Title Act’s formalities rather than relying solely on this regulation.
In short, the common gotchas are precision in paper format, initialling and signature procedures, securing the correct consents, ensuring numeric equality in value proportions for subdivisions, using the current approved forms, and aligning execution with the Land Title Act. Each is a discrete compliance requirement that can stop registration if overlooked.
How to comply
Compliance with the regulation requires a checklist approach that maps document type to specific format, execution and accompaniment requirements. The following practical compliance steps derive directly from the regulation’s provisions.
Identify the document type and the relevant provisions:
Is the filing a plan (Part 2) or an instrument (Part 3)? Plans are governed by ss 3-15, instruments by ss 16-20 and ss 22-27 for particular instruments. This initial classification triggers the distinct format rules (s 3 for plans; s 17 for instruments).
Use the approved form:
Obtain the current “approved form” for the particular plan or instrument from the registrar of titles or the relevant administrative source (s 4, s 6(3), s 25-27). Do not assume prior templates remain current because forms are referenced repeatedly as mandatory.
Meet the paper and physical standards:
For plans: print on A3 paper, at least 130gsm, and number the plan as required by the registrar’s plan direction under the Land Title Act (s 3(1)(b)-(c) and plan direction definition).
For instruments: print on A4 white bond of at least 80gsm, ensure no discolouration or blemishes, set margins at least 10mm, reserve a duty imprint space at the top right of at least 90mm by 65mm, complete one side only, and use type no smaller than 1.8mm (10 point) or another permanent, photocopiable method. Bind all pages and attachments securely in a registrar-approved way (s 17(1)(b)-(f), (g), (h)).
Prepare accurate technical content for stratum matters:
For stratum lots, define lots by regular horizontal or inclined planes tied to Australian height datum, and include elevations/sections adequate to calculate any point on an inclined plane. Illustrate in orthographic or isometric form (s 5).
For stratum plans of subdivision, prepare a schedule of revised value proportions and ensure the total proposed value proportions equals the value of the lot being subdivided before lodging (s 22, s 23). Expect the registrar to replace the schedule of current value proportions in the management statement when registering the subdivision (s 24).
Secure required certificates, approvals and consents before lodgement:
Ensure the plan includes the surveyor’s certificate, the registered owner’s certificate and the appropriate authority’s approval in the approved form, unless the plan is an easement plan or falls under the s 41(4) exception referenced in s 6(1) (s 6(2)-(3)).
If the plan affects common property comprised in a leasehold building units plan, procure a consent from the body corporate in the approved form. If the plan affects other leasehold land, procure consent from the registered lessee and any registered mortgagee of the leasehold estate (s 10). Without these consents, the registrar must not register the plan.
Manage alterations carefully:
If any alteration is required to the printed or written document, strike through the original text so it remains legible and obtain initials from the persons specified. For plans, the surveyor must initial and, if boundaries are affected, also the appropriate authority and the registered owner (s 3(2)). For instruments, all parties and all witnesses must initial alterations (s 17(2)). Plan for the logistics of obtaining these initials, especially when bodies corporate or senior officers are required to initial.
Arrange authorised signatures:
For approvals or instruments requiring the appropriate authority’s signature, obtain the signature of the corporation manager where the appropriate authority is the corporation, or the council’s chief executive officer where it is the council (ss 7, 18). Confirm the identity and authority of those signatories in advance and allow time for corporate procedural approvals.
Follow Land Title Act execution rules where required:
When an appropriate authority signs an instrument for registration or where certain easement-related instruments are signed, ensure execution complies with the Land Title Act’s formality rules, s 161 (s 19). Confirm any witnessing or attestation formalities under the Land Title Act.
For easements, include the statement of intention:
Ensure easement plans include a statement of intention to create the easements and otherwise comply with Land Title Act, part 6 division 4, subject to the regulation’s carve-outs (s 15).
Check management statement formalities:
If lodging a management statement, use the approved form and include the prominent statement required by s 25 that the management statement is binding under s 46(8) of the Act on the specified classes of persons. Use the approved form for amendment or termination requests (ss 25-27). For amalgamations that amalgamate all lots in a stratum plan, include the request to terminate the management statement when required (s 14(2)).
Pre‑lodgement registry consultation:
Given the regulation’s delegation to the registrar for plan directions and approved forms, consult the registrar’s current plan directions and approved forms before preparing documents. Registry staff can confirm whether specific details meet current administrative standards.
Maintain audit evidence:
Keep copies of approved forms, consents, certificates and signed originals. Record the chain of custody for plan and instrument drafts and for initialled alterations to demonstrate compliance if a registration is challenged or rejected.
Time lodgement to account for registrar checks:
Because the registrar will record particulars (ss 8, 20) and refuse registration where statutory preconditions are not met, schedule lodgement with time for potential rectifications. Missing initials or consents are common causes of rejection.
Monitor amendment history and practice updates:
Note that certain sections were amended or omitted in 2021; ensure forms and practices are drawn from the current consolidated regulation and registrar directions rather than obsolete templates (amendment annotations in the regulation text).
Applying this checklist will align practitioners’ workflows with the regulation’s procedural and documentary obligations. It is a rules‑based compliance regime: meeting the physical and form requirements, securing necessary consents and signatures, and ensuring numeric and technical accuracy for stratum matters are the core tasks that unlock registration.
(b) having each of the following persons initial the alteration— (i) the surveyor who prepared the plan; (ii) if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
(i) the surveyor who prepared the plan;
(ii) if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
(i) the surveyor who prepared the plan;
(ii) if the alteration affects a boundary of land—the appropriate authority and the registered owner of the land.
sec.4 Plan to be accompanied by application for approval
sec.4 Plan to be accompanied by application for approval
A plan given to an appropriate authority for approval must be accompanied by an application for approval in the approved form.
sec.5 Defining a stratum lot
sec.5 Defining a stratum lot
A stratum lot must be defined by regular planes, that may be horizontal or inclined, fixed by reference to levels in relation to Australian height datum.
If a stratum lot is defined by an inclined plane, elevations or sections must be shown, identifying the plane with enough information to enable the level of any point on the plane to be calculated.
A stratum lot must be illustrated in orthographic form or isometric form.
In this section—
Australian height datum means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level.
(sec.5-ssec.1) A stratum lot must be defined by regular planes, that may be horizontal or inclined, fixed by reference to levels in relation to Australian height datum.
(sec.5-ssec.2) If a stratum lot is defined by an inclined plane, elevations or sections must be shown, identifying the plane with enough information to enable the level of any point on the plane to be calculated.
(sec.5-ssec.3) A stratum lot must be illustrated in orthographic form or isometric form.
(sec.5-ssec.4) In this section— Australian height datum means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level.
sec.6 What particular plans are to include
sec.6 What particular plans are to include
This section applies to a plan other than—
an easement plan; or
a plan for the subdivision or amalgamation of land as mentioned in section 41 (4) of the Act .
The plan must include each of the following—
a certificate by the surveyor who prepared the plan;
a certificate by the registered owner of the freehold estate in the land the subject of the plan;
an approval by the appropriate authority;
if the plan is required under division 2 to include another thing—the other thing.
The certificates and approval mentioned in subsection (2) must be in the approved form.
(sec.6-ssec.1) This section applies to a plan other than— an easement plan; or a plan for the subdivision or amalgamation of land as mentioned in section 41 (4) of the Act .
(sec.6-ssec.2) The plan must include each of the following— a certificate by the surveyor who prepared the plan; a certificate by the registered owner of the freehold estate in the land the subject of the plan; an approval by the appropriate authority; if the plan is required under division 2 to include another thing—the other thing.
(sec.6-ssec.3) The certificates and approval mentioned in subsection (2) must be in the approved form.
(a) an easement plan; or
(b) a plan for the subdivision or amalgamation of land as mentioned in section 41 (4) of the Act .
(a) a certificate by the surveyor who prepared the plan;
(b) a certificate by the registered owner of the freehold estate in the land the subject of the plan;
(c) an approval by the appropriate authority;
(d) if the plan is required under division 2 to include another thing—the other thing.
sec.7 Signing plans
sec.7 Signing plans
A plan required to be signed by an appropriate authority must be signed—
if the appropriate authority is the corporation—by the corporation manager; or
if the appropriate authority is the council—by the council’s chief executive officer.
(a) if the appropriate authority is the corporation—by the corporation manager; or
(b) if the appropriate authority is the council—by the council’s chief executive officer.
sec.8 Registrar of titles to record particulars of plans
sec.8 Registrar of titles to record particulars of plans
The registrar of titles must record, in the freehold land register, particulars of each plan that is required to be registered under the Act .
s 8 amd 2021 Act No. 12 s 148 sch 3
sec.9 Plan numbers
sec.9 Plan numbers
On registration of a plan, the registrar of titles must allot a number to the plan.
s 9 amd 2021 Act No. 12 s 148 sch 3
sec.10 Consent of body corporate, registered lessees and registered mortgagees
sec.10 Consent of body corporate, registered lessees and registered mortgagees
The registrar of titles must not register a plan unless it is accompanied by a consent, in the approved form, given by—
if the plan affects common property comprised in a leasehold building units plan—the body corporate of the leasehold building units plan; or
if the plan affects any other land—the registered lessee, and any registered mortgagee, of the leasehold estate in the affected land.
s 10 amd 2021 Act No. 12 s 148 sch 3
(a) if the plan affects common property comprised in a leasehold building units plan—the body corporate of the leasehold building units plan; or
(b) if the plan affects any other land—the registered lessee, and any registered mortgagee, of the leasehold estate in the affected land.
pt.2-div.2 Additional requirements for particular plans
Additional requirements for particular plans
sec.11 Stratum plan
sec.11 Stratum plan
A stratum plan must include 1 or more sheets showing—
the boundaries of the land intended to be subdivided by the stratum plan; and
the precise dimensions and location of—
the stratum lots intended to be created by registration of the stratum plan; and
roads to be dedicated to public use.
(a) the boundaries of the land intended to be subdivided by the stratum plan; and
(b) the precise dimensions and location of— (i) the stratum lots intended to be created by registration of the stratum plan; and (ii) roads to be dedicated to public use.
(i) the stratum lots intended to be created by registration of the stratum plan; and
(ii) roads to be dedicated to public use.
(i) the stratum lots intended to be created by registration of the stratum plan; and
(ii) roads to be dedicated to public use.
sec.12 Boundary adjustment plan
sec.12 Boundary adjustment plan
A boundary adjustment plan must include 1 or more sheets showing the precise dimensions and location of the boundaries of the redefined lots in the plan.
sec.13 Stratum plan of subdivision
sec.13 Stratum plan of subdivision
A stratum plan of subdivision must include 1 or more sheets showing—
the precise dimensions and location of the stratum lots intended to be created; and
the boundaries of the stratum lot intended to be subdivided.
(a) the precise dimensions and location of the stratum lots intended to be created; and
(b) the boundaries of the stratum lot intended to be subdivided.
sec.14 Stratum plan of amalgamation
sec.14 Stratum plan of amalgamation
A stratum plan of amalgamation must include 1 or more sheets showing—
the precise dimensions and location of the stratum lot intended to be created; and
the boundaries of the stratum lots intended to be amalgamated.
The registrar of titles must not register a stratum plan of amalgamation that amalgamates all the lots in a stratum plan unless the stratum plan of amalgamation is accompanied by a request to terminate the management statement for the stratum plan.
s 14 amd 2021 Act No. 12 s 148 sch 3
(sec.14-ssec.1) A stratum plan of amalgamation must include 1 or more sheets showing— the precise dimensions and location of the stratum lot intended to be created; and the boundaries of the stratum lots intended to be amalgamated.
(sec.14-ssec.2) The registrar of titles must not register a stratum plan of amalgamation that amalgamates all the lots in a stratum plan unless the stratum plan of amalgamation is accompanied by a request to terminate the management statement for the stratum plan.
(a) the precise dimensions and location of the stratum lot intended to be created; and
(b) the boundaries of the stratum lots intended to be amalgamated.
sec.15 Easement plan
sec.15 Easement plan
An easement plan must—
include a statement of intention to create the easements shown in the plan; and
otherwise be prepared, registered and dealt with under the Land Title Act 1994 , part 6 , division 4 , other than sections 82 (3) and 83A (2) (b) .
(a) include a statement of intention to create the easements shown in the plan; and
(b) otherwise be prepared, registered and dealt with under the Land Title Act 1994 , part 6 , division 4 , other than sections 82 (3) and 83A (2) (b) .
pt.3 Preparation and registration of instruments other than plans
Preparation and registration of instruments other than plans
pt.3-div.1 Preliminary
Preliminary
sec.16 Application of part
sec.16 Application of part
This part applies to instruments other than plans.
pt.3-div.2 General requirements
General requirements
sec.17 Format for instruments
sec.17 Format for instruments
An instrument must—
be in the approved form; and
be printed on paper that is—
A4; and
white bond of a density of at least 80gsm; and
free from discolouration and blemishes; and
have clear margins no smaller than 10mm on all sides; and
have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the form for a duty imprint; and
be completed on 1 side only, either—
printed with type size no smaller than 1.8mm (10 point); or
in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
have all pages of the instrument and all attachments securely bound together in a way approved by the registrar of titles.
An alteration on an instrument may be made only by—
striking through the printing or writing being altered so the original printing or writing is still legible; and
having each party to the instrument, and each witness, initial the alteration to the instrument.
s 17 amd 2021 Act No. 12 s 148 sch 3
(sec.17-ssec.1) An instrument must— be in the approved form; and be printed on paper that is— A4; and white bond of a density of at least 80gsm; and free from discolouration and blemishes; and have clear margins no smaller than 10mm on all sides; and have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the form for a duty imprint; and be completed on 1 side only, either— printed with type size no smaller than 1.8mm (10 point); or in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and have all pages of the instrument and all attachments securely bound together in a way approved by the registrar of titles.
(sec.17-ssec.2) An alteration on an instrument may be made only by— striking through the printing or writing being altered so the original printing or writing is still legible; and having each party to the instrument, and each witness, initial the alteration to the instrument.
(a) be in the approved form; and
(b) be printed on paper that is— (i) A4; and (ii) white bond of a density of at least 80gsm; and (iii) free from discolouration and blemishes; and
(i) A4; and
(ii) white bond of a density of at least 80gsm; and
(iii) free from discolouration and blemishes; and
(c) have clear margins no smaller than 10mm on all sides; and
(d) have a clear space no smaller than 90mm wide and 65mm deep at the top right-hand corner of the form for a duty imprint; and
(e) be completed on 1 side only, either— (i) printed with type size no smaller than 1.8mm (10 point); or (ii) in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
(i) printed with type size no smaller than 1.8mm (10 point); or
(ii) in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
(f) have all pages of the instrument and all attachments securely bound together in a way approved by the registrar of titles.
(i) A4; and
(ii) white bond of a density of at least 80gsm; and
(iii) free from discolouration and blemishes; and
(i) printed with type size no smaller than 1.8mm (10 point); or
(ii) in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar of titles; and
(a) striking through the printing or writing being altered so the original printing or writing is still legible; and
(b) having each party to the instrument, and each witness, initial the alteration to the instrument.
sec.18 Signing instruments
sec.18 Signing instruments
An instrument required to be signed by an appropriate authority must be signed—
if the appropriate authority is the corporation—by the corporation manager; or
if the a
This is an opening excerpt, not the complete document.