4. Plans for registration:
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4.1 Forms to be used:
Every plan (other than as provided for in Direction 3.5) shall consist of a Form 21, Version 2, the main plan, being sheet 1. If the space available on the main plan is insufficient in any case, sheets of Form 21A Version 1 (the additional sheet) may be added.
4.2 Plan numbering:
Each plan shall be numbered:
- by obtaining a barcoded label from the Department or a supplier approved by the Department; and
- in the case of the main plan:
- the number only from the barcoded label shall be placed in the space provided on the face of the main plan in a prominent font;
- the barcoded label shall be affixed in the space provided on the face of the main plan. (This will cover the number placed in the preceding point, but will allow for the possibility that the label may be removed); and
- the number only (but including the prefix) from the barcoded label shall be placed in the space provided on the reverse of the main plan;
- in the case of an additional sheet or sheets, the number only (but including the prefix) from the barcoded label to be affixed to the main plan shall be placed in the space provided on each additional sheet.
As the Department's imaging system requires that the longer side of the barcoded label be parallel to the bottom margin of the plan form, care should be taken when it is being affixed. Plans may be refused if the label is not fixed within the space provided
4.3 Sheet numbering:
Each sheet contained in the plan shall be numbered consecutively in the top right hand corner commencing with 1 on the main plan, and each sheet shall show the total number of sheets. The reverse of the main plan is not to be considered a separate sheet and does not receive a number in the sheet numbering series.
4.4 Plan with only one sheet:
Where Standard and Volumetric Format plans do not include any additional sheets they shall show to scale:
- the total extent of the land being dealt with; and
- all parcels created on the plan;
together with reference to any diagrams that may be necessary to clarify detail and shall be complete within the main plan.
In the case of a Building Format plan, the main part of the plan shall show to scale the information required by Directions 9.7 and 9.8, with separate diagrams being used for each level.
4.5 Plan with additional sheets:
Where Standard and Volumetric Format plans include, in addition to the main plan, one or more additional sheets, the main plan shall show to scale:
- the total extent of the land being dealt with; and
- all primary parcels, together with their identifiers,created on the plan;
In the case of a Building Format plan, the main plan shall show to scale, as far as possible, the information required by Directions 9.7 and 9.8.
For all format plans, the main plan shall show references to any diagrams that may be necessary to clarify any detail, and which may appear elsewhere on the main plan or on any additional sheets.
Additional sheets shall be completed on one side only and shall not contain any information or diagrams on their reverse side.
4.5.1 Plan with replacement sheets:
Where a plan is amended after lodgement but before registration and the amendment is such that a replacement sheet is warranted the erroneous sheet is fully cancelled and the replacement sheet is inserted and the overall page count of the plan must increase and the existing sheets must be amended to reflect the increase in number of sheets to the plan.
4.6 Additional requirements for volumetric format plans:
In the case of a Volumetric Format plan, the main plan shall show, in addition to the requirements of Directions 4.4 and 4.5, the footprint, or footprints, drawn to scale, of any volumetric parcels being created on the plan, together with an area for the footprint. Where a parcel is in parts, as permitted or required by Direction 10.4, it is necessary to show only the overall footprint and area as required by that Direction, together with references to the sheet or sheets on which full details of the footprints of the parts of the parcels may be found. The whole of any volumetric parcel or parcels being created on the plan shall be shown drawn to scale preferably on the main plan. Where a parcel is in parts, it is necessary only to show the whole parcel, together with references to the sheet or sheets on which full details of the diagrams of the parts may be found.
4.7 Format to be noted:
The Format of the plan shall be noted in the "Format" field on the face of the plan.
4.8 Parcels to be described:
4.8.1 Lots
Lots shall be described as required by Section 50(a), Section 50(c) and/or 50(d) of the Land Title Act 1994. Saving that where a parcel is common property, it may be described appropriately.
Any lot to be dedicated for public use on registration of a plan, must be noted clearly and prominently on the first sheet of the plan with one of the following:
- ROAD (or New Road) The descriptors "Lane", "Pathway" and "Highway" are unacceptable.
- Lot number and "PUBLIC USE LAND" or "PUL"
- Lot number and "PUBLIC USE LAND" together with the appropriate purpose.
The purpose of the "public use land" shown on the plan must be consistent with the community purposes listed in schedule 1 of the Land Act 1994.
If approval of the plan is under the Integrated Planning Act 1997 the dedication of public use land must not be shown as a condition of the approval of the plan. However, for approval under the Local Government (Planning and Environment) Act 1990, the dedication and purpose for reserves and public use lands may be included in the approval.
4.8.2 Secondary parcels
The requirements of QSIIS Standard #2 Parcel Identification (August 1997) are to be satisfied when describing secondary parcels, namely:
- Secondary parcels, i.e. Leases, Easements, Covenants, Profits a Prendre etc, shall be described with an alpha identifier where they are defined on a survey plan. Where the number of secondary parcels exceeds 26, double letters may be used, i.e. AA, AB, AC etc. Secondary parcels shall be shown on the face of the plan with their descriptor and identifier, eg Lease A or Easement B. Abbreviations may be used for secondary parcels in the plan description and on the face of the plan. Acceptable abbreviations are Emt, Cov and Profit.
- For any plan, a secondary parcel identifier is not used more than once. The following are unacceptable:
- Easement D and Lease D in Lot 2 on SP123456
- Easement D in lot 2 on SP123456 and Lease D in Lot 3 on SP123456
A secondary parcel identifier is not repeated in any lot, e.g. a title exists for Lot 23 on RP34567 with Lease A on RP1234 and Easement B on RP23456 and Covenant H on SP987654 registered against the title - a new secondary parcel should not use A or B or H as an identifier.
A single secondary parcel cannot be created over multiple lots, e.g. the following are unacceptable:
- Covenant A in Lots 1 and 2 on SP123456; or
- Lease H in Lot 1 on RP123456 and Lot 3 on SP987654 (Note: applies to any plan signed after 1st March 2003)
A secondary parcel may not be created in parts.
4.9 Plan description and cancelling clause:
Each plan shall contain in the space provided, on the face of the main plan, a description of the parcels being created and, where existing lots or Unallocated State Land (USL) are being cancelled, a cancelling clause listing those lots and their plan numbers and/or noting USL shall be included. (See Direction 4.10).
4.10 Cancelling clause containing reference to unallocated state land:
Where a reference to Unallocated State Land is to be included in the cancelling clause, the reference shall be:
- Where part of the land to be cancelled is USL, and the USL is part of a river, or is closed road:
"Cancelling part of USL, being part of theRiver".
"Cancelling part of USL, being closed road". - Where all of the land to be cancelled is USL, and the USL is part of a river, or is closed road:
"Cancelling part of USL, being part of theRiver (adjacent to )".
"Cancelling part of USL, being closed road (adjacent to)". - Most parcels of USL now have a valid lot on plan description and therefore in other cases where the USL has a lot on plan description:
- Cancelling Lot XX on Plan XX.
- The lot-on-plan description may be be a Lot on an AP or a Lot on a USL plan or a Lot on another valid plan identifier.
4.11 Surveyors certificate:
The surveyor shall add the cadastral surveyors certificate specified by the Survey and Mapping Infrastructure Regulation 2004 in the space provided in the bottom left hand corner of the face of the main plan.
The requirements of this Direction do not apply to sketch plans prepared under the provisions of
Directions 5 and 11.11.
4.12 North point:
North shall be noted on all plans by means of a protractor or by a North Point.
- A protractor may be added to a plan and any additional sheets. The north point on the protractor shall be vertical, that is, it shall indicate directly to the top of the plan form, and may not be rotated.
- Where the location of North is not as indicated by a protractor, the face of the main plan, and any additional sheets, shall bear a north point.
4.12.1 North may be rotated:
North may be other than vertical on the page, but it must not be rotated more than 90 degrees clockwise or anti clockwise from the vertical and must be clearly noted by a North Point. This Direction does not permit a protractor to indicate north other than as noted in Direction 4.12.
4.13 Allocation tables:
See also Direction 22 Allocations
4.14 Scales:
Other than as permitted below, each sheet of the plan shall show:
- the scale used; and
- a bar scale at least 150 millimetres in length, showing distances at the scale of the plan.
The bar scale may be in addition to, or in place of, the ruler shown on the face of the main plan and on each additional sheet. Where a bar scale is provided in addition to the ruler, it shall be located prominently on the face of the plan.
Where a diagram is used, the scale used in preparing that diagram shall be shown, or a notation "not to scale".
Where an additional sheet consists of diagrams drawn at different scales, the bar scale may be omitted. However, in this case the ruler must remain.
4.15 Name and number of community titles scheme:
Where a plan creates common property or deals with lots that are intended to be the subject of a Community Management Statement, the Name of the Community Titles Scheme shall be noted in the space provided on the reverse of the main plan. In addition, if land already contained within a Community Titles Scheme is the subject of a plan, the number of the Community Titles Scheme assigned by the Registrar shall also be noted.
4.16 Plans may be compiled:
In these Directions, where it is directed that:
- the whole of a base parcel shall be dealt with, leaving no undescribed balances; or
- each parcel shall be surveyed and marked;
it is acceptable for the parcel or parcels to be compiled in accordance with Section 17 of the Surveying and Mapping Infrastructure Regulation 2004 if that is appropriate.
4.17 Undescribed balances:
While these Directions generally require that all parcels be fully dealt with leaving no undescribed balances, it is recognised that there will be cases where such a course is impractical. In these cases, prior approval of the Registrar must be sought for a relaxation of this requirement.
4.18 Volumetric lot as adjoining information:
Where a lot that is affected by a volumetric lot (i.e., a volumetric lot above or below the surface of that lot, or partly above and partly below the surface) is being dealt with on a subsequent plan:
- the footprint of the volumetric lot shall be shown in broken lines on the main plan; and
- the footprint shall be referenced by lot and plan number, and with the notation "Volumetric".
It is not required that the volumetric lot be shown as an isometric diagram.
4.19 Amendments to plans:
See Direction 23 Amendments to Plans
4.20 Development approval:
For any plan of lots or common property in a community titles scheme lodged in the land registry and signed by the surveyor after 4th March 2003, the date of the development approval as defined in the Body Corporate and Community Management Act 1997 is required to be shown on the reverse of the plan immediately above item 12.
Development Approval: 27th February 2002
Where a development approval as previously defined is not required the following is added in lieu of the date:
"no development approval necessary"
4.21 New lot boundaries and secondary interests:
Plans of lots are required to show the intersection of new lot boundaries with any registered secondary interest. Sufficient information must be shown on the plan to position the intersections of the secondary interest with new lot boundaries. This information may be calculated. It is not necessary to dimension the boundaries of registered secondary interests within the new lot/lots.
Where the new lots are within a building on a Building Format plan, intersections need not be calculated. However, the secondary interest must be plotted and identified on each level of the building. Where a part of a lot is fully dimensioned and outside a building, determination of intersections is required.
The intersections of new lot boundaries with registered secondary parcels are not required to be marked on the ground.
4.22 Registered encumbrances to be plotted:
Every registered secondary interest (encumbrance) for the subject lot(s) must be plotted on the face of any new plan of survey, including an explanatory plan.
Registered leases within a building are not required to be plotted, however, when applicable, a statement on the reverse of the plan should indicate whether the subject survey affects a registered lease(s) within a building and the affected lease identified.
Registered encumbrances are not plotted on lots resumed under the Acquisition of Land Act 1967. Allocations may be required See Direction 22.
Where a plan identifies secondary interests only, the requirement to plot existing registered secondary interests should be limited to identify whether or not there is a conflict between the newly created secondary interest and the existing registered secondary interests.
4.23 Revocations (Acquisition of Land):
Using the provisions of s.17 of the Acquisition of Land Act 1967, the acquisition of land may be revoked under certain conditions and provided that the matter of compensation has not been determined:
- The revocation may be in full or in part - s.17(1);
- The action of revocation is such that the resumption over that part to be revoked never happened - s.17(2)(a).
Any plan prepared for a revocation action (full or partial) shall bear an action statement similar to the following:
Area revoked and added to Lot 147 on SP118070
12-17-14-12 1104 m2
13-14-15-13 94 m2
Total 1198 m2
The plan must be lodged with supporting documents, eg form 14 and amending gazette etc.
4.23.1 Land taken as a lot in fee simple
The revocation plan must:
- identify the amended remainder lot(s) and the amended resumed lot(s) with complete metes and bounds, areas and identifiers;
- include an action statement that identifies the revoked area(s) by station numbers and area(s);
- cancel the lots created as a consequence of the initial resumption action and that are affected by the revocation;
- be completed in all other respects for the format of the plan being prepared.
For example, lot 10 is subdivided by SP123456 into lots 12 and 13. Lot 13 is resumed as an estate in fee simple. Part of lot 13 is to be revoked. The revocation plan is prepared as lots 14 and 15 cancelling lots 12 and 13 on SP123456.
4.23.2 Land taken as road
The revocation plan must:
- identify the amended remainder lot(s) with complete metes and bounds, area and identifier;
- include an action statement that identifies the revoked area(s) by station numbers and area(s);
- cancel the remainder lot(s) and part of the resumed lot(s) created as a consequence of the initial resumption action and that are affected by the revocation;
- be completed in all other respects for the format of the plan being prepared.
For example, lot 10 is subdivided by SP123456 into lots 12 and 13. Lot 13 is resumed for road purposes and is USL. Part of lot 13 (USL) is to be revoked. The revocation plan is prepared as lot 14 cancelling lot 12 and part of 13 on SP123456. (see SP140739)
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Last updated: 16 October 2009