New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 195

195 Definitions

(1) In this Division--

"miscellaneous plan" means a plan that shows one or more of the following matters--

(a) the site of an interest in land in the nature of an easement, profit à prendre or restrictive or positive covenant, being an interest that is to be created, by some other instrument, after the plan is registered,

(b) survey information in relation to land the subject of some other plan,

(c) such other matters relating to land as are prescribed by the regulations,

but does not include a plan of subdivision, a plan of consolidation or a plan of identification.

"plan of consolidation" means a plan that shows the consolidation of 2 or more existing lots into a single lot, where there is no simultaneous redivision of them into 2 or more new lots, whether or not the plan also shows one or more of the matters referred to in paragraph (a), (b) or (c) of the definition of
"miscellaneous plan" .

"plan of identification" means--

(a) a plan supporting a primary application to bring one or more existing lots under the provisions of the Real Property Act 1900 , including a surround plan (being a plan that defines the external boundaries of a number of existing lots but merely refers to the existence of, and does not define the boundaries between, those lots), or

(b) a redefinition plan (being a plan that redefines the boundaries between the lots referred to in a surround plan along the same general lines as those that defined the boundaries between those lots immediately before they were brought under the provisions of the Real Property Act 1900 , as referred to in paragraph (a)), or

(c) a delimitation plan (being a plan prepared for the purposes of section 28V of the Real Property Act 1900 ), or

(d) a plan that is registered for the purpose of showing the boundaries of land for which a folio of the Register kept under the Real Property Act 1900 has been created as a result of the correction of a misdescription of land, or

(e) a plan redefining the boundaries of an existing lot, or

(f) a plan defining the boundaries of land that has been acquired by compulsory process, or the boundaries of the residue of an existing lot of which part has been so acquired, or

(g) a plan defining the boundaries of land that has been dedicated as a public road by means of a notice referred to in section 10, 11 or 12, or a proclamation referred to in section 13, of the Roads Act 1993 , or the boundaries of the residue of an existing lot of which part has been so dedicated, or

(h) a plan supporting a transaction or proposed transaction referred to in section 23G, or

(i) a plan of a kind prescribed by the regulations for the purposes of this definition,

whether or not the plan also shows one or more of the matters referred to in paragraph (a), (b) or (c) of the definition of
"miscellaneous plan" .

"plan of subdivision" means a plan that shows--

(a) the division of an existing lot into 2 or more new lots, or

(b) the consolidation of 2 or more existing lots and their simultaneous redivision, along new boundaries, into 2 or more new lots, or

(c) the dedication of an existing lot as a public road under section 9 of the Roads Act 1993 or as a public reserve under section 49 of the Local Government Act 1993 , or

(d) the setting aside of an existing lot as a drainage reserve under section 49 of the Local Government Act 1993 ,

whether or not the plan also shows one or more of the matters referred to in paragraph (a), (b) or (c) of the definition of
"miscellaneous plan" , and includes a plan of subdivision for lease purposes (within the meaning of Division 3B or 3C of Part 2) and any other plan that shows the division of land, but does not include a plan of consolidation or a plan of identification.

"signature of a person" includes, in relation to a corporation, the seal of the corporation.

"subdivision certificate" means a subdivision certificate issued under Part 6 of the Environmental Planning and Assessment Act 1979 .

(2) In this Division, a reference to a plan includes a reference to--

(a) a community plan, a community plan of consolidation or a community plan of subdivision, or

(b) a neighbourhood plan, a neighbourhood plan of consolidation or a neighbourhood plan of subdivision, or

(c) a precinct plan, a precinct plan of consolidation or a precinct plan of subdivision,

within the meaning of the Community Land Development Act 1989 , but does not include a reference to a strata plan, a strata plan of consolidation or a strata plan of subdivision within the meaning of the Strata Schemes Development Act 2015 .