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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.]