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LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 - SECT 114 Achievement of purposes

LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 - SECT 114

Achievement of purposes

(1)  After notification has been given under section 113 (2) , the purposes for which the plan is approved are to be achieved in the following manner only:
(a) any assurance that may be necessary to achieve those purposes is to be lodged with the Recorder of Titles so that a period of not more than one week elapses between the dates of lodgment of the first and last assurances;
(b) the Recorder of Titles must refuse to register any assurance that is lodged otherwise than in accordance with paragraph (a) ;
(c) an assurance is to be a memorandum of transfer as if the land assured were under the provisions of the Land Titles Act 1980 even though the land may not be under those provisions;
(d) on registration, the assurance is as valid as if it had been executed and lodged after the land assured had been brought under the provisions of the Land Titles Act 1980 ;
(e) subject to subsections (2) and (3) , if all the transfers necessary to achieve all the purposes for which the plan is to be approved have been lodged and are in order for registration, the Recorder of Titles is to –
(i) accept the plan; and
(ii) bring under the provisions of the Land Titles Act 1980 all the lands comprised in the plan that are not alreadyunder those provisions; and
(iii) register the transfers; and
(iv) create the folios of the Register for minimum lots that are necessary to achieve the purposes for which the plan was approved.
(2)  If a plan is approved for the purposes of adding one block to another or others –
(a) a transfer of the one to the owner of the other or others is not in order for registration until not more than one of the blocks that are to be added together to form one whole is subject to a mortgage or encumbrance; and
(b) on the registration of the transfer, a mortgage or encumbrance on one block extends to the other or others.
(3)  If the Recorder of Titles accepts a plan under subsection (1) (e) –
(a) a transfer of a sub-minimum lot that is required to be registered by that subsection may not be withdrawn from registration; and
(b) blocks that are to be added to one another to achieve the purposes for which the plan was approved are not to be dealt with as separate parcels except in accordance with a plan of subdivision (other than the plan approved under section 111 ) approved by the council.
(4)  If the Recorder of Titles creates a folio of the Register under subsection (1) (e) , the Recorder is not to indicate on the folio boundaries that previously divided the sub-minimum lots and other lands comprised in the folio.