(1AA)  The council, within 20 business days after a final plan is lodged with the council under section 88(1)  –

(a) is to determine whether the final plan complies with this Part; and

(b) is to comply with subsection (1) , if the council determines that the final plan complies with this Part; and

(c) is to comply with subsection (2) , if the council determines that the final plan does not comply with this Part; and

(d) is to notify in writing the person who lodged the final plan with the council that the final plan does not comply with this Part, if the council determines that the final plan does not comply with this Part.

(1AB)  The council, within 10 business days after a final plan is lodged with the council under section 88(1) , may, if it requires further information or documents in relation to the final plan, by notice in writing to the person who lodged the plan –

(a) advise the person that the council requires further information or documents; and

(b) request the person to provide to the council the further information or documents.

(1AC)  If the council gives to a person a notice under subsection (1AB) or this subsection, the council, if it is not satisfied with the information or documents provided by the person pursuant to the notice, is to, within 8 business days, give to the person notice in writing specifying –

(a) that the council is not satisfied with the information or documents provided; and

(b) that the person is requested to provide to the council further information or documents.

(1AD)  If the council gives to a person a notice under subsection (1AB) or subsection (1AC) , the 20-day period referred to in subsection (1AA) does not continue to run, in relation to the final plan lodged with the council, during the period –

(a) beginning on the day on which the first such notice is given to the person; and

(b) ending on the day on which the person provides to the council information or documents, referred to in the notice under subsection (1AB) or subsection (1AC) , respectively, that, is, in the opinion of the council, satisfactory.

(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 "Priority Final Plan" complies with this Part and accordingly declines to fix its seal to the plan, the council, within 5 business days after declining, is to inform the Recorder of Titles accordingly.

(2A)  If –

(a) a sealed plan, marked "Priority Final Plan" , that is duly executed and that is identical to the unsealed final plan that was lodged with the Recorder of Titles under section 88(2)(a) , is lodged with the Recorder of Titles under subsection (1)(b) ; and

(b) all the other documents that relate to that plan have been lodged with the Recorder of Titles as required under section 88(2) ; and

(c) all the relevant documents in relation to the sealed plan have been lodged with the Recorder of Titles; and

(d) the Recorder of Titles is satisfied that the sealed plan is not required to be amended and that all other information or documents necessary to make a determination under this subsection have been received by the Recorder of Titles and are satisfactory –

the Recorder of Titles, within 15 business days after the requirements of paragraphs (a) , (b) , (c) and (d) have been satisfied, is to –

(e) accept the sealed plan; or

(f) reject the sealed plan under this paragraph or under subsection (3) .

(2B)  For the purposes of subsection (2A) , the relevant documents in relation to the sealed plan are the following:

(a) the original, final, duly executed schedule of easements in relation to the sealed plan, that is identical to the copy of the schedule of easements that was lodged with the Recorder of Titles under section 88(2) ;

(b) the original title documents, satisfactory to the Recorder of Titles, evidencing ownership of the land to which the sealed plan relates;

(c) if the original of the balance plan has not already been lodged with the Recorder of Titles – the original, duly executed copy of the balance plan that is identical to the copy of the original of the balance plan lodged with the Recorder of Titles under section 88(2) ;

(d) if the original of the survey notes has not already been lodged with the Recorder of Titles – the original, duly executed copy of the survey notes that is identical to the copy of the original of the survey notes lodged with the Recorder of Titles under section 88(2) ;

(e) all other original, duly executed associated documents or dealings that the Recorder of Titles requires to be provided.

(2C)  If –

(a) a sealed plan, marked "Priority Final Plan" , that is duly executed and that is identical to the unsealed final plan that was lodged with the Recorder of Titles under section 88(2)(a) , is lodged with the Recorder of Titles under subsection (1)(b) ; and

(b) all the other documents that relate to that plan have been lodged with the Recorder of Titles as required under subsections (2A) and (2B) ; and

(c) all of the relevant documents in relation to the sealed plan have been lodged with the Recorder of Titles –

the Recorder of Titles, within 13 business days, may –

(d) under subsection (5) , give to the council and the owner notice in writing that the sealed plan is required to be amended; or

(e) give to the owner notice in writing specifying that –

(i) further information or documents, specified in the notice, are required to be provided to the Recorder of Titles; or

(ii) information, or documents (other than the sealed plan), already provided to the Recorder of Titles, is or are to be amended as specified in the notice and, as so amended, provided to the Recorder of Titles.

(2D)  If the Recorder of Titles gives to an owner or a council a notice, under subsection (2C) , this subsection or subsection (5) , the Recorder of Titles, within 8 business days from the day on which he or she receives –

(a) the sealed plan, as amended in accordance with the notice under subsection (5) ; or

(b) further information or documents, or amendments of information or documents, already provided to the Recorder of Titles, in accordance with the notice under subsection (2C) or this subsection –

is to –

(c) notify under subsection (5) the council and the owner that the plan is required to be amended; or

(d) give to the owner notice in writing specifying –

(i) that further information or documents are required to be provided; or

(ii) that the information or documents already provided to the Recorder of Titles are required to be amended as specified in the notice under this subsection and, as so amended, provided to the Recorder of Titles; or

(e) notify the owner, or the council, to whom or which notice was given under subsection (2C) , this subsection or subsection (5) , that the Recorder of Titles is satisfied that the requirements of the notice have been satisfied.

(2E)  The period of 13 business days referred to in subsection (2C) does not continue to run in relation to a sealed plan, and other information or documents relating to a sealed plan, during each period –

(a) beginning on the day on which a notice under subsection (2C) , subsection (2D)(d) or subsection (5) is given to the owner or council in relation to the sealed plan or in relation to documents or information required to accompany the sealed plan; and

(b) ending on the day by which, in relation to each amended sealed plan, or information or documents, provided to the Recorder of Titles pursuant to the notice given under subsection (2C) , subsection (2D)(d) or subsection (5) , one of the following has occurred:

(i) the Recorder of Titles has given a notice under subsection (2D) or subsection (5) ; or

(ii) the Recorder of Titles has failed to comply with subsection (2D) .

(3)  The Recorder of Titles is to reject a final plan, marked "Priority 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 marked "Priority Final Plan" was lodged with the Recorder of Titles.

(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.