Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If satisfied that a final plan complies with this Part, the council is to –
(a) cause its seal to be affixed to the plan; and
(b) cause the sealed plan to be lodged in the office of the Recorder of Titles.
(2) Where the council is not satisfied that a final plan marked "Early Issue" complies with this Part and accordingly declines to fix its seal to the plan, the council, within 7 days after declining, is to inform the Recorder of Titles accordingly.
(3) The Recorder of Titles is to reject a final plan lodged under section 88 if –
(a) the Recorder of Titles has been informed under subsection (2) that the council has declined to seal the plan; or
(b) a year or such extension of that period as the Recorder may allow has expired since the plan was lodged.
(4) The Recorder of Titles is to return to the person who lodged a plan rejected under subsection (3) one half of the prescribed fee paid under section 88(2)(f).
(5) On lodgment of a plan, the Recorder of Titles must notify the council and the owner that the plan requires to be amended as shown on a copy of the plan if satisfied that –
(a) the owner has not a sufficient title to dispose of all the land comprised in the plan; or
(b) the land comprised in the plan omits land of the owner which, as a separate parcel –
(i) has not the qualities of a minimum lot; or
(ii) if it has those qualities, is in part subject to a mortgage or encumbrance and that either the part so subject or the part not so subject has not the qualities of a minimum lot; or
(iii) that the land omitted comprises 2 parcels or more that may, without the approval of any plan by the council, lawfully be sold separately so as to create a block which would not have the qualities of a minimum lot; or
(c) the execution of the plan is inconsistent with the proper administration of the Land Titles Act 1980 or this Part; or
(d) the plan fails to assure to purchasers what the council intended them to have.
(6) If a plan lodged with the Recorder of Titles comprises any land that is not under the Land Titles Act 1980 the Recorder of Titles is to –
(a) bring it under that Act; and
(b) for that purpose, is to as far as possible proceed as if an application to bring that land under the provisions of the Land Titles Act 1980 had been made under section 11 of that Act with all necessary consents by a person competent to make an application for that purpose.
(7) If a parcel that is comprised in a plan is in one part subject to one encumbrance and in another part subject to another encumbrance, the Recorder of Titles must not accept the plan until one part has been freed from encumbrances and when the plan takes effect any encumbrance on the other part extends to the whole parcel.