TRANSFER OF LAND ACT 1893 - SECT 166
TRANSFER OF LAND ACT 1893 - SECT 166
166 . New certificates of title on subdivision of land
(1) A proprietor of
land under the operation of this Act who, after section 98 of the Transfer of
Land Amendment Act 1996 comes into operation, wishes to subdivide the land
shall apply, in an approved form and on payment of the prescribed fee, to the
Registrar for the creation and registration of new certificates of title for
the land and the application shall be made in relation to a plan or diagram of
the land complying with subsection (2).
(2) Such plan or
diagram shall exhibit distinctly delineated all roads streets passages
thoroughfares squares or reserves appropriated or set apart for the use of the
purchasers and all permanent drains and also all allotments into which the
said land may be divided marked with distinct numbers or symbols and shall
also show the areas and shall comply in every respect with the rules and
regulations for the time being for the guidance of surveyors when practising
under this Act.
(3) On an application
under this section but subject to section 146(1) of the
Planning and Development Act 2005 , the Registrar may create and register a
new certificate or certificates of title for the land the subject of the
application.
(4) For the purposes
of subsection (3), the Registrar may have regard to a request of the applicant
in relation to when the new certificate or certificates of title are to be
created and registered.
[(5) deleted]
(6) References in this
section to —
(a)
plans or diagrams include references to plans of survey of Crown land; and
(b)
certificates of title include references to certificates of Crown land title
as they apply to plans of survey of Crown land.
[Section 166 amended: No. 25 of 1909 s. 2; No. 28
of 1969 s. 7; No. 81 of 1996 s. 98; No. 31 of 1997 s. 123; No. 6 of 2003
s. 54; No. 38 of 2005 s. 15.]