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LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 - SECT 88 Lodgment of final plans

LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 - SECT 88

Lodgment of final plans

(1)  The owner is to lodge with the council –
(a) the final plan, together with the schedule of easements; and
(b) if the schedule of easements sets out any easements, profits a prendre or covenants, a nomination of a legal practitioner to act on behalf of the owner in carrying the final plan through to its taking effect; and
(c) if any lots on the plan are the result of survey work carried out under the Land Surveyors Act 1909 , a nomination of a registered surveyor to do what is required to have the plan take effect; and
(ca) evidence, satisfactory to the council, of the completion of each of the relevant works that are required to be carried out in relation to the proposed subdivision; and
(cb) evidence, satisfactory to the council, that each of the conditions of a permit, within the meaning of the Land Use Planning and Approvals Act 1993 , that must be complied with before the final plan in relation to the proposed subdivision may be sealed, have been complied with; and
(d) the amount of the fees payable to the council and, unless the plan is marked "Priority Final Plan" , the prescribed fees payable to the Recorder of Titles under the Land Titles Act 1980 .
(1A)  For the purposes of subsection (1)(ca) , each of the following constitutes relevant works:
(a) works consisting of the provision of a road or footpath in accordance with the Local Government (Highways) Act 1982 ;
(b) works consisting of the provision of a connection to water infrastructure in accordance with the Water and Sewerage Industry Act 2008 ;
(c) works consisting of the provision of a connection to sewerage infrastructure in accordance with the Water and Sewerage Industry Act 2008 ;
(d) works consisting of the provision of a connection to a public stormwater system in accordance with the Urban Drainage Act 2013 ;
(e) works consisting of the provision of a connection to an electricity supply in accordance with the Electricity Supply Industry Act 1995 ;
(f) works consisting of arrangements for drainage of stormwater under a State road in accordance with the Roads and Jetties Act 1935 .
(2)  If an owner has lodged a final plan under subsection (1) and the plan has been marked "Priority Final Plan" , that owner, within 5 business days after lodging that plan or within an extension of that period allowed by the Recorder of Titles, may lodge with the Recorder of Titles –
(a) a copy of the final plan, marked " "Priority Final Plan" , that has been lodged with the council under subsection (1)(a) ; and
(b) a certification, or endorsement, by the owner, an agent of the owner or a legal practitioner acting on behalf of the owner, to the effect that all the copies of documents lodged under this subsection are identical to the original documents lodged with the council under subsection (1) and that the documents lodged with the council under subsection (1) were lodged not more than 5 business days before the documents are lodged under this subsection; and
(c) a copy of the schedule of easements that has been lodged with the council under subsection (1) ; and
(d) the original, or a copy, of the balance plan; and
(e) the original, or a copy, of the survey notes; and
(f) the prescribed fee payable under the Land Titles Act 1980 ; and
(g) any other documents that the Recorder of Titles may require for the purposes of the Land Titles Act 1980 .
(3)  An owner may change the nomination of a legal practitioner or surveyor by notice in writing to the Recorder of Titles and the council.