sec.65Special provision for reserved plans of survey

### sec.65 Special provision for reserved plans of survey This section applies if, after the commencement of this section, a reserved plan of survey is registered for land having a tidal boundary or non-tidal boundary (watercourse) before any other plan of survey is registered for the land. The reserved plan of survey— is taken to be, for division 2 , subdivision 2 , or division 4 , subdivision 2 , the old plan of survey that is the most recently registered or that is otherwise currently authoritative in relation to the land; and takes the place of any other old plan of survey for the land that, immediately before the registration of the reserved plan of survey, was the most recently registered or otherwise currently authoritative old plan of survey in relation to the land. For the application of division 2 , subdivision 3 , or division 4 , subdivision 3 to the land, the reserved plan of survey is taken not to be the first new plan of survey for the land. In this section— reserved plan of survey means a plan of survey— prepared and registered only for the purpose of a disposal of, or other dealing with, part of the land under the Land Act 1994 for a public purpose under that Act; or prepared and registered for the purposes of a development approval under the repealed Sustainable Planning Act 2009 as in force at the commencement of this part, other than for the purposes of an amendment of the development approval made after the commencement of this part; or prepared on the basis of a survey performed before the commencement of this part for the purposes of work directed or authorised under a regulation under the State Development and Public Works Organisation Act 1971 to be undertaken or completed by an entity. Under the State Development and Public Works Organisation Act 1971 , section 140 , a regulation may authorise the Coordinator-General to undertake works in, on, over, through or across a foreshore. s 65 ins 2010 No. 12 s 215 amd 2023 No. 2 s 77 (sec.65-ssec.1) This section applies if, after the commencement of this section, a reserved plan of survey is registered for land having a tidal boundary or non-tidal boundary (watercourse) before any other plan of survey is registered for the land. (sec.65-ssec.2) The reserved plan of survey— is taken to be, for division 2 , subdivision 2 , or division 4 , subdivision 2 , the old plan of survey that is the most recently registered or that is otherwise currently authoritative in relation to the land; and takes the place of any other old plan of survey for the land that, immediately before the registration of the reserved plan of survey, was the most recently registered or otherwise currently authoritative old plan of survey in relation to the land. (sec.65-ssec.3) For the application of division 2 , subdivision 3 , or division 4 , subdivision 3 to the land, the reserved plan of survey is taken not to be the first new plan of survey for the land. (sec.65-ssec.4) In this section— reserved plan of survey means a plan of survey— prepared and registered only for the purpose of a disposal of, or other dealing with, part of the land under the Land Act 1994 for a public purpose under that Act; or prepared and registered for the purposes of a development approval under the repealed Sustainable Planning Act 2009 as in force at the commencement of this part, other than for the purposes of an amendment of the development approval made after the commencement of this part; or prepared on the basis of a survey performed before the commencement of this part for the purposes of work directed or authorised under a regulation under the State Development and Public Works Organisation Act 1971 to be undertaken or completed by an entity. Under the State Development and Public Works Organisation Act 1971 , section 140 , a regulation may authorise the Coordinator-General to undertake works in, on, over, through or across a foreshore. - (a) is taken to be, for division 2 , subdivision 2 , or division 4 , subdivision 2 , the old plan of survey that is the most recently registered or that is otherwise currently authoritative in relation to the land; and - (b) takes the place of any other old plan of survey for the land that, immediately before the registration of the reserved plan of survey, was the most recently registered or otherwise currently authoritative old plan of survey in relation to the land. - (a) prepared and registered only for the purpose of a disposal of, or other dealing with, part of the land under the Land Act 1994 for a public purpose under that Act; or - (b) prepared and registered for the purposes of a development approval under the repealed Sustainable Planning Act 2009 as in force at the commencement of this part, other than for the purposes of an amendment of the development approval made after the commencement of this part; or - (c) prepared on the basis of a survey performed before the commencement of this part for the purposes of work directed or authorised under a regulation under the State Development and Public Works Organisation Act 1971 to be undertaken or completed by an entity. Example for paragraph (c) — Under the State Development and Public Works Organisation Act 1971 , section 140 , a regulation may authorise the Coordinator-General to undertake works in, on, over, through or across a foreshore.