Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Part –
"alley" means a road or path less than 10 metres wide and bounded on one or both sides by land –(a) on which the buildings are contiguous or continuous; or
(b) which is laid out to be built upon;
"block" means a piece of land all in one piece of the same owner;
"final plan" means a final plan referred to in section 87;
"highway authority" means a council or authority responsible for the management of a highway or part of a highway;
"improvement" includes landscaping, fencing and the provision of playground equipment, walking paths, car parking areas and toilet facilities;
"lot" means a block of land created by subdivision of a larger block of which it was part;
"minimumlot" means the minimum lot for an area as provided by section 109;
"movable dwelling unit" means a movable dwelling unit erected under Part VIA of the Homes Act 1935;
"plan of subdivision" means a plan submitted to a council for the purpose of a permit under the Land Use Planning and Approvals Act 1993 in relation to subdivision of land;
"previously approved plan" means a plan of subdivision sealed by the relevant council under the Local Government Act 1962;
"public open space" means space for public recreation or public gardens or for similar purposes;
"sealed plan" means a plan which –(a) has been approved and sealed under this Part; and
(b) has taken effect as provided in section 94;
"subdivide" means to divide the surface of a block of land by creating estates or interests giving separate rights of occupation otherwise than by –(a) a lease of a building or of the land belonging to and contiguous to a building between the occupiers of that building; or
(b) a lease of air space around or above a building; or
(c) a lease of a term not exceeding 10 years or for a term not capable of exceeding 10 years; or
(d) the creation of a lot on a strata scheme or a staged development scheme under the Strata Titles Act 1998; or
(e) an order adhering existing parcels of land;
"subdivision" means –(a) the act of subdividing; or
(b) the block of land subject to an act of subdividing;
"sub-minimum lot" means a parcel of land that has not the qualities of a minimum lot.
(2) For the purposes of this Part, land constitutes a block if it is –
(a) likely to be used to build on; and
(b) unlikely to be used by a farmer, grazier, fruit grower or similar person as the sole source of income.
(3) For the purpose of determining whether any land constitutes a block for subdivision purposes, a block is –
(a) the whole of an existing lot on a plan lodged with the Recorder of Titles or the Registrar of Deeds not later than 12 months after the date of commencement of the Land Use Planning and Approvals Act 1993; or
(b) the whole of an original Crown grant; or
(c) the whole of the land that is identified by description in a folio of the Register kept under the Land Titles Act 1980; or
(d) the whole of the land that is identified by description in a deed; or
(e) a fragmented or subdivided portion of land referred to in this subsection that can be verbally identified for transfer, or retention in the folio of that Register, by description of any other blocks in that folio.
(4) Land constitutes a block for subdivision purposes even if it is intersected by –
(a) a highway, railway, tramway or any other way; or
(b) any land of the Crown, the Commonwealth or another person.
(4A) Land does not constitute a block for subdivision purposes if it is a fragmented or subdivided portion of land referred to in subsection (3)(a), (b), (c) or (d) that requires mathematical closure for description in being transferred or retained in the folio of the Register kept under the Land Titles Act 1980.
(5) The erection, use or occupation on a block of a movable dwelling unit does not of itself amount to a subdivision of the block so long as no separate rights of occupation are given to the unit or the part of the block on which it is situated other than those arising from an estate at will or a licence revocable at will.
(6) Subsections (3) and (4) commence 12 months after the commencement of the Land Use Planning and Approvals Act 1993.