97Requirements as to plans of subdivision etc.

97 Requirements as to plans of subdivision etc. S. 97(1) amended by S.R. No. 152/1974 reg. 2, substituted by Nos 53/1988 s. 45(Sch. 2 item 89), 48/1991 s. 48. (1) This Act and any subordinate instrument (within the meaning of the **Interpretation of** **Legislation Act 1984**) made under it apply to the **Subdivision Act 1988** as if that Act formed part of this Act, and that Act must be read as one with this Act. S. 97(2) amended by No. 6972 s. 9(3), repealed by No. 8531 s. 2(2), new s. 97(2) inserted by No. 48/1991 s. 48. (2) If a provision of the **Subdivision Act 1988** or the regulations made under that Act is inconsistent with a provision of this Act or a subordinate instrument made under this Act, the provision of that Act or those regulations prevails. S. 97(2A)–(3) repealed.[[8]](#endnote-9) S. 97(4) amended by No. 53/1988 s. 45(Sch. 2 items 91–93). (4) After the plan of subdivision has been approved or registered by the Registrar the numbers of the allotments or lots marked upon the plan may be used to describe the land for the purpose of dealings with any allotment or lot according to the plan of subdivision. S. 97(4A) inserted by No. 10128 s. 4(1), amended by Nos 53/1988 s. 45(Sch. 2 items 94, 95), 18/1989 s. 12(Sch. 1 item 136). (4A) After a plan of subdivision has been approved or registered by the Registrar under this section the Registrar may, in respect of each allotment or lot or other parcel of land recorded on the plan, create a folio of the Register by recording the description of the land and allocating a distinctive identifying reference to the recording. S. 97(4B) inserted by No. 10128 s. 4(1), amended by Nos 53/1988 s. 45(Sch. 2 items 96, 97), 18/1989 s. 12(Sch. 1 item 137(a)(b)). (4B) Where a folio of the Register is created under subsection (4A) in respect of an allotment or a lot or parcel of land, the allotment or lot or parcel may, for the purpose of a dealing with the allotment or lot or parcel, be described as the land contained in the folio of the Register. S. 97(4A) inserted by No. 7898 s. 5(b), re-numbered as s. 97(4C) by No. 53/1988 s. 45(Sch. 2 item 98), amended by Nos 53/1988 s. 45(Sch. 2 items 99, 100), 18/1989 s. 12(Sch. 1 item 138(b)). (4C) Until a plan of subdivision has been approved or registered, the Registrar shall not on the relevant folio of the Register make a recording giving effect to a dealing with an allotment or a lot and may refuse to accept for lodgment and may return to the party producing the same any instrument giving effect to a dealing with an allotment or a lot. S. 97(5) repealed by No. 53/1988 s. 45(Sch. 2 item 101). S. 97(6) inserted by No. 7272 s. 8(2)(b). (6) In this section ***sale*** has the same meaning as in the **Sale of Land Act 1962**. S. 97A inserted by No. 7814 s. 6.