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SUBDIVISION ACT 1988 - SECT 35

Acquisition of land by acquiring authority

S. 35(1) amended by No. 48/1991 s. 31(1).

    (1)     If an acquiring authority is to acquire or acquires land that cannot be disposed of without being subdivided, the authority must, in accordance with section 5(2), submit a plan to the Council for certification and lodge it for registration as if the authority were the owner of all the land to be subdivided by the acquisition.

S. 35(2) amended by Nos 48/1991 s. 31(2), 69/2006 s. 212(a).

    (2)     If a plan submitted by the authority for certification relates to part of the land affected by an owners corporation, the Council may require the acquiring authority to submit for certification a new plan of the land affected by the owners corporation or to amend the plan so that it includes all that land.

    (3)     A plan submitted by an acquiring authority

S. 35(3)(a) amended by No. 48/1991 s. 31(3)(a).

        (a)     may do anything which can be done by a plan including, but not limited to, one or more of the following:

S. 35(3)(a)(i) amended by No. 57/1993 s. 14(1)(a).

              (i)     Maintain without alteration of boundaries except for the purposes of acquisition or to correct any minor defect in boundaries found on survey the number of separately disposable parcels of land in the area covered by the plan, excluding the land to be acquired;

              (ii)     Reduce the number of separately disposable parcels of land in the area covered by the plan, excluding the land to be acquired;

S. 35(3)(a)(iia) inserted by No. 48/1991 s. 31(3)(b).

        (iia)     Alter any separately disposable parcels of land, excluding the land to be acquired;

S. 35(3)(a)(iib) inserted by No. 48/1991 s. 31(3)(b).

        (iib)     Subject to section 33(2) and (3), create new lot entitlements or lot liabilities;

              (iii)     Create additional lots;

              (iv)     Include land that the authority does not intend to acquire any part of which abuts other land in the plan;

              (v)     Include land any part of which abuts land in the plan that is either vested in or registered in the name of the authority;

              (vi)     Alter the lot entitlement or liability of land on the plan;

S. 35(3)(a)(via) inserted by No. 57/1993 s. 14(1)(b).

        (via)     Consolidate into a single lot all or any of the land on the plan to be acquired by the authority;

S. 35(3)(a)(vii) inserted by No. 48/1991 s. 31(3)(c).

              (vii)     Amend a registered plan in any way necessary because of the things done by the plan; and

S. 35(3)(b) amended by No. 57/1993 s. 17(3).

        (b)     must state which land is to be acquired by the authority and whether it is to be acquired free from or subject to encumbrances; and

S. 35(3)(c) inserted by No. 48/1991 s. 31(3)(d).

        (c)     having regard to subsection (6), must, for each thing done by the plan, state whether it is to happen—

              (i)     on the registration of the plan; or

              (ii)     to the extent that it relates to land acquired by compulsory process, when the Registrar records the vesting date; or

S. 35(3)(c)(iii) amended by No. 57/1993 s. 14(1)(c).

              (iii)     to the extent that it relates to land acquired by agreement, on the vesting date; and

S. 35(3)(d) inserted by No. 57/1993 s. 14(1)(c).

        (d)     if the plan consolidates land acquired or to be acquired by the authority, must (despite paragraph (c)) state that the consolidation is to happen—

              (i)     on the registration of the plan, if all the land to be consolidated has been acquired by the authority before that registration; or

              (ii)     if any of the land is acquired after the registration of the plan, on the last of the vesting dates of, or recorded for, that land.

S. 35(4) substituted by No. 48/1991 s. 31(4).

    (4)     Consent to the registration of the plan is not required by any person to the extent that the plan

S. 35(4)(a) amended by No. 57/1993 s. 14(2)(a).

        (a)     maintains without alteration of boundaries, except for the purposes of acquisition or to correct any minor defect in boundaries found on survey, the number of separately disposable parcels of land in the area covered by the plan, excluding the land to be acquired; or

        (b)     creates new lot entitlements or lot liability as a result of the acquisition; or

S. 35(4)(c) amended by No. 57/1993 s. 14(2)(b).

        (c)     relates to land vested in or registered in the name of the Authority; or

S. 35(4)(d) inserted by No. 57/1993 s. 14(2)(b).

        (d)     relates to land acquired or to be acquired by the authority.

S. 35(5) substituted by No. 48/1991 s. 31(4).

    (5)     Sections 5(3)(b) and 6(1)(b) do not apply to land in a plan submitted or lodged under this section.

    (6)     If a plan lodged by an acquiring authority is registered—

        (a)     the authority must advise the Registrar of the vesting date of each piece of land in the plan acquired or to be acquired by compulsory process as soon as possible after that vesting date; and

        (b)     the Registrar must record the vesting dates advised by the authority; and

S. 35(6)(c) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a).

        (c)     any thing done by the plan (except consolidation) in relation to land to be acquired by compulsory process has effect when the Registrar records the vesting date of that land, and this Act applies to those things as if the plan were registered on that date; and

S. 35(6)(d) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a).

        (d)     any thing done by the plan (except consolidation) in relation to land to be acquired by agreement has effect on the vesting date of that land, and this Act applies to those things as if the plan were registered on that date; and

S. 35(6)(e) substituted by No. 48/1991 s. 31(5)(a), amended by No. 57/1993 s. 14(3)(a).

        (e)     any thing else done by the plan (except consolidation) has effect when the plan is registered; and

S. 35(6)(ea) inserted by No. 48/1991 s. 31(5)(a).

        (ea)     this Act applies to land on the plan that the authority acquires by agreement as if section 24(2)(c) referred to "registered in the name of" instead of "vested" and section 24(2A) referred to "is registered in the name of" instead of "vests"; and

S. 35(6)(eb) inserted by No. 48/1991 s. 31(5)(a).

        (eb)     despite paragraphs (c) and (d), the boundaries of the land to be acquired are those shown on the plan but the status of that land does not change unless in accordance with paragraph (c) or (d); and

        (f)     the holder of any relevant certificate of title for land in the plan must, if requested, deliver it to the Registrar; and

S. 35(6)(g) substituted by No. 48/1991 s. 31(5)(b), amended by No. 85/1998 s. 24(Sch. item 57.2).

        (g)     if any land in the plan is not under the operation of the Transfer of Land Act 1958 or steps have not been taken to bring it under that Act, the Registrar, before registering the plan, must bring the land under the operation of that Act; and

S. 35(6)(h) inserted by No. 48/1991 s. 31(5)(b), amended by No. 69/2006 s. 212(b).

        (h)     unless the plan states that land is to remain land affected by an owners corporation and its existing lot entitlement and liability is to continue, the land acquired ceases to be land affected by an owners corporation and to have any lot entitlement or liability—

              (i)     if it is acquired by compulsory process, when the Registrar records the vesting date of the land; or

S. 35(6)(h)(ii) amended by No. 57/1993 s. 14(3)(b).

              (ii)     if it is acquired by agreement, on the vesting date; and

S. 35(6)(i) inserted by No. 57/1993 s. 14(3)(b).

              (i)     to the extent indicated by the plan, land is consolidated into a single lot on the date indicated in the plan; and

S. 35(6)(j) inserted by No. 57/1993 s. 14(3)(b).

        (j)     if on the registration of the plan there is still land to be acquired by the authority, then despite anything to the contrary in section 24 the Registrar need not create folios of the Register for that land until the last of the vesting dates for or recorded for that land; and

S. 35(6)(k) inserted by No. 57/1993 s. 14(3)(b).

        (k)     if the plan consolidates land into a single lot, then despite anything to the contrary in section 24 or paragraph (j) the Registrar need not create a folio of the Register for the land until the consolidation occurs and may then create a single folio of the Register for the land in the name of the authority; and

S. 35(6)(l) inserted by No. 57/1993 s. 14(3)(b).

        (l)     the Registrar may create any folio of the Register in the name of the authority, for land on the plan that is vested in or acquired by the authority.

S. 35(7) inserted by No. 48/1991 s. 31(6).

    (7)     This Act does not limit or affect the operation of the Land Acquisition and Compensation Act 1986 .

S. 35(8) inserted by No. 48/1991 s. 31(6), amended by No. 57/1993 s. 14(4).

    (8)     An acquiring authority may under this section submit for certification and lodge for registration a plan subdividing or consolidating any land vested in it or registered in its name.

S. 35(9) inserted by No. 48/1991 s. 31(6).

    (9)     Subsections (2) to (6) apply to a plan referred to in subsection (8) as if—

        (a)     the land in the plan were land acquired by the authority;

S. 35(9)(b) substituted by No. 57/1993 s. 14(5).

        (b)     subsection (3)(a)(i) provided—

    "(i)     maintain the number of separately disposable parcels of land in the area covered by the plan;";

        (c)     in subsection (3)(a)(ii) the reference to "excluding the land to be acquired" were deleted;

        (d)     subsection (3)(b)(c) and subsection (6)(a) to (d) and (ea) were deleted.

S. 35(10) inserted by No. 57/1993 s. 14(6).

    (10)     Without limiting subsection (9), a plan referred to in subsection (8) may do anything that can be done by a plan referred to in section 24A.



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