PLANNING AND DEVELOPMENT ACT 2005 - SECT 150

PLANNING AND DEVELOPMENT ACT 2005 - SECT 150

150 .         Road access, conditions as to

        (1)         Without limiting section 143, the Commission may impose a condition under that section that access to and from a portion of land shown on a plan or diagram of survey relating to the subdivision to a road abutting the portion of land is to be restricted or prohibited as set out in the condition and in accordance with the regulations.

        (2)         A condition referred to in subsection (1) is to specify a covenantee.

        (3)         Where —

            (a)         a diagram or plan of survey of a subdivision, or a scheme plan lodged for registration under the Strata Titles Act 1985 , is received by the Authority; and

            (b)         it is shown on the plan or diagram that access to and from any portion of land shown on the plan or diagram to and from a road abutting the portion of land is subject to or intended to be subject to a restriction or prohibition as set out in a condition imposed by the Commission,

                the land becomes subject to a covenant so restricting or prohibiting that access —

            (c)         in the case of a scheme plan lodged for registration under the Strata Titles Act 1985 , at the time the Registrar of Titles registers the plan under that Act; and

            (d)         in any other case, at the time the new certificate, or if more than one, all the new certificates, for the land the subject of the diagram or plan have been registered under the Transfer of Land Act 1893 .

        (4)         It is sufficient description for the purposes of subsection (3)(b) if reference is made on the plan or diagram to this section and regulations made for the purposes of this section.

        [Section 150 amended: No. 60 of 2006 s. 147(4); No. 30 of 2018 s. 164.]