South Australian Current Acts South Australian Current Acts (1) The registered
proprietor of an estate in fee simple in—
(a) land
comprising an allotment or allotments;
(b) land
comprising a primary lot or a secondary lot,
may apply to the Registrar-General for the division of the land by a plan
of community division.
(2) If the land to be
divided is subject to a life estate, the proprietors of the life estate and
the reversionary or remainder interest will be taken together, for the
purposes of subsection (1), to be the proprietors of an estate in fee
simple in the land.
(3) The application
must be in a form approved by the Registrar-General and must—
(a)
include the names and addresses of the first owners of the lots and must
specify the lot or lots to be owned by each of them; and
(b)
include the address of the corporation that will be established on deposit of
the plan of community division; and
(c)
include such other information as the Registrar-General requires.
(4) The application
must be accompanied by—
(a) the
fee prescribed by regulation; and
(b) the
plan of community division; and
(d)
the scheme description endorsed by the relevant development authority (a
scheme description is not required for certain small schemes—see
section 15); and
(f) the
first by-laws of the scheme; and
(g) if
the scheme description indicates—
(i)
that the community parcel is to be (or is likely to be)
divided in stages; or
(ii)
that the owner of a particular community lot is to (or is
likely to) divide the lot or develop it in any other manner; or
(iii)
that the developer is to (or is likely to) make
improvements to, or undertake development work on, a development lot or the
common property,
an appropriate development contract or contracts; and
(h) a
certificate from a licensed surveyor in the form prescribed by regulation
(which must be endorsed on the plan) certifying that the plan has been
correctly prepared in accordance with this Act to a scale determined by the
Registrar-General; and
(i)
a certificate from a land valuer in the form prescribed
by regulation (which must be endorsed on the schedule of lot entitlements)
certifying that the schedule is correct (the Registrar-General may refuse to
accept the certificate if given more than six months before the application is
lodged); and
(j) any
instrument, duly executed, that is to be registered on deposit of the plan;
and
(k) such
other documentary material as the Registrar-General may require.
(5) The
plan of community division—
(a) must
be in a form approved by the Registrar-General; and
(b) must
divide the land into two or more community lots and common property; and
(c) may
include one or more development lots; and
(d) must
delineate the boundaries of the land and the lots and common property into
which the land is divided in a manner that allows those boundaries to be
ascertained; and
(e) must
as far as practicable delineate the service infrastructure (but not that part
of the service infrastructure within the boundaries of a community lot if it
does not provide a service to any other lot or the common property); and
(f) must
delineate the streets, roads, thoroughfares, reserves or similar open spaces
(if any) that will, on deposit of the plan, be vested in a council or
prescribed authority or will revert to the Crown; and
(g) must
delineate the easements (if any) of a kind referred to in section 25; and
(h) must
designate each lot by a distinguishing number; and
(i)
must have annexed to it a schedule of lot entitlements in
relation to the community lots in a form approved by the Registrar-General;
and
(j) must
comply with any requirements stipulated by the Registrar-General.
(5a) The
Registrar-General must not deal with the application unless satisfied that the
certificate from the State Planning Commission required by section 138 of the
Planning, Development and Infrastructure Act 2016 has been given, and is
in force, in relation to the development.
(6) The certificate
from the State Planning Commission under section 138 of the
Planning, Development and Infrastructure Act 2016 expires at the
expiration of one year after the application for the division of the land was
lodged with the Registrar-General unless the Registrar-General extends the
life of the certificate.
(7) A primary lot
cannot be divided by a secondary plan if the scheme description or the by-laws
of the primary scheme prohibit it.
(8) A secondary lot
cannot be divided by a tertiary plan if the scheme description or the by-laws
of the primary or secondary scheme prohibit it.