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PLANNING AND DEVELOPMENT ACT 2005 - SECT 165

PLANNING AND DEVELOPMENT ACT 2005 - SECT 165

165 .         Hazard etc. affecting land, notating titles as to

        (1)         This section applies when the Commission considers it desirable that owners or prospective owners of land comprised in —

            (a)         a plan of subdivision or proposed plan of subdivision; or

            (b)         a strata titles scheme as defined in the Strata Titles Act 1985 section 3(1), registered, or lodged for registration, under that Act,

                be made aware of hazards or other factors seriously affecting the use or enjoyment of that land and determines that the title and land register in respect of that land should be noted accordingly.

        (2)         When this section applies, the Commission may cause a notification of the hazard or other factor affecting the use or enjoyment of the land to be prepared in a form acceptable to the Registrar of Titles and deposited with the Authority.

        (3)         Where a notification is deposited under subsection (2), the Registrar of Titles is to endorse or note the title and land register in respect of the land with that notification.

        (4)         The Commission may, at any time after the notification has been deposited under subsection (2), lodge a withdrawal of that notification with the Authority.

        (5)         A withdrawal of a notification under subsection (4) is to be in a form acceptable to the Registrar of Titles.

        [Section 165 amended: No. 60 of 2006 s. 147(5); No. 30 of 2018 s. 167.]