South Australian Current Acts South Australian Current Acts58—Amendment of plan pursuant to development contract
(1) The registered
proprietor of an estate in fee simple in a development lot may apply to the
Registrar-General for the division of the development lot in pursuance of the
development contract and for the consequential amendment of the
community plan.
(2) The application
must be in a form approved by the Registrar-General and must include such
information as the Registrar-General requires.
(3) The application
must be accompanied by—
(a) the
fee prescribed by regulation; and
(b) a
new plan to be substituted for the existing plan; and
(e) 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 to a scale determined by the Registrar-General in
accordance with this Act; and
(f) 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
(g) any
instrument, duly executed, that is to be registered on substitution of the
plan; and
(h) such
other documentary material as the Registrar-General may require.
(4) The plan—
(a) must
be in a form approved by the Registrar-General; and
(b) must
divide the development lot in the manner required by the development contract;
and
(c) must
delineate the boundaries of the land and lots and common property into which
the community parcel is divided in a manner that allows those boundaries to be
ascertained; and
(d) must
designate each lot by a distinguishing number; and
(e) must
have annexed to it a schedule of lot entitlements in relation to the lots in a
form approved by the Registrar-General; and
(f) 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
(g) must
delineate the streets, roads, thoroughfares, reserves or similar open spaces
(if any) that are, or will on amendment of the plan be, vested in a council or
prescribed authority or that have reverted or will revert to the Crown; and
(h) must
delineate the easements (if any) of a kind referred to in section 25; and
(i)
must comply with any requirements stipulated by the
Registrar-General.
(4a) 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 proposed development of the land.
(4b) The certificate
from the State Planning Commission under section 138 of the
Planning, Development and Infrastructure Act 2016 expires at the
expiration of 1 year after the application was lodged with the
Registrar-General unless the Registrar-General extends the life of the
certificate.
(5) Where—
(a) the
application is made in accordance with this Act; and
(b) the
requirements made by or under this Act in relation to the application have
been satisfied; and
(c) the
plan conforms with the requirements of this Act,
the Registrar-General may substitute the plan for the plan previously
deposited and the provisions of this Act relating to the deposit of a plan
apply in relation to the plan.
(6) The
Registrar-General may permit the applicant to lodge a sheet or sheets to be
substituted for a sheet or sheets of the deposited plan or to be added to it
instead of lodging a complete plan to be substituted for the existing plan.
(7) Where common
property is created by the division of a development lot under this section,
the Registrar-General may cancel the certificate of title for the existing
common property and issue a new certificate for the existing and newly created
common property.