South Australian Current Acts South Australian Current Acts (1) In this Part,
unless the contrary intention appears—
"allotment" means—
(a) the
whole of the land comprised in a certificate except for a community or
development lot or common property within the meaning of the
Community Titles Act 1996 or a unit or common property within the meaning
of the Strata Titles Act 1988 ;
(b) the
whole of the land comprised in a registered conveyance of land that has not
been brought under the provisions of this Act;
(c) a
separately defined piece of land that is delineated on a public map and
separately identified by number or letter (not being a piece of land that is
identified in a Treasury receipt, certificate or other document or
instrument of title as being part only of an allotment);
(d) two
or more separately defined pieces of land that are delineated on a public map
and that are identified in a Treasury receipt, certificate or other document
or instrument of title as forming one allotment for the purposes of this Part;
(e) a
separately defined piece of land delineated on a plan of division for the
purpose of enabling the separate ownership in fee simple of that land;
(f) a
separately defined piece of land identified as an allotment for the purposes
of this Part in a plan prepared by the Registrar-General and accepted for
filing in the Lands Titles Registration Office;
(g)
where a primary plan of community division has been cancelled under Part 7
Division 3 of the Community Titles Act 1996 or a strata plan has been
cancelled under Part 2 Division 7 of the Strata Titles Act 1988
—the land comprising the former community parcel or site shown on the
plan,
but does not include—
(h) any
such land or piece of land that has ceased to be an allotment by virtue of
subsection (5); or
(i)
land divided by a primary plan of community division
under the Community Titles Act 1996 or a strata plan under the Strata
Titles Act 1988 ;
"amalgamation" means the amalgamation of two or more contiguous allotments
into a single allotment;
"area" means an area in relation to which a council is constituted;
"the Commonwealth Crown" means the Crown in right of the Commonwealth and
includes any instrumentality or agency of that Crown;
"council" means a municipal or district council continued by or constituted
under the Local Government Act 1934 ;
"the Crown" means the Crown in right of the State and includes a Minister of
the Crown and any instrumentality or agency of the Crown;
"division" means the division of land into allotments, or the alteration of
the boundaries of allotments, and includes subdivision and resubdivision but
does not include amalgamation or the division of land by community plan under
the Community Titles Act 1996 or by strata plan under the
Strata Titles Act 1988 ;
"electricity entity" means—
(a) a
person who holds a licence under the Electricity Act 1996 authorising
the operation of a transmission or distribution network; or
(b) a
person exempted from the requirement to hold such a licence; or
(c)
Distribution Lessor Corporation or Transmission Lessor Corporation;
"holder" of a statutory encumbrance means—
(a) in
relation to an agreement under Part 14 of the Planning, Development and
Infrastructure Act 2016 —the Minister, council or greenway
authority that entered into the agreement; or
(b) in
any other case—the Minister responsible for the administration of the
Act under which the encumbrance was entered into or is in force;
"the Mount Lofty Ranges" means that part of the State delineated in General
Registry Office Plan No. 180 of 1992 and described in that plan as "Mt. Lofty
Ranges Area";
"public map" means a public map as defined in the Crown Lands Act 1929 ;
"service easement" means an easement in favour of—
(a) a
water industry entity for sewerage or water supply purposes;
(b) a
council or the Crown for drainage purposes; or
(c) an
electricity entity for electricity supply purposes,
pursuant to section 223LG and includes an easement pursuant to a
corresponding previous enactment;
"State Planning Commission" means the State Planning Commission established
under the Planning, Development and Infrastructure Act 2016 ;
"statutory encumbrance" means—
(a) an
Aboriginal heritage agreement entered into under the Aboriginal Heritage
Act 1988 ;
(b) an
agreement under section 39D of the repealed City of Adelaide Development
Control Act 1976 that is continued in force by virtue of the provisions
of the Acts Interpretation Act 1915 ;
(c) an
agreement under Part 14 of the Planning, Development and Infrastructure
Act 2016 (including an agreement under Part 5 of the
Development Act 1993 that is taken to be an agreement under that Part of
the Planning, Development and Infrastructure Act 2016 );
(d) any
agreement or proclamation registered or noted on the title to land immediately
before the commencement of the Development Act 1993 that is continued in
force by virtue of the provisions of the Statutes Repeal and Amendment
(Development) Act 1993 ;
(e) a
heritage agreement entered into under the Heritage Places Act 1993 ;
(f) a
heritage agreement entered into under the Native Vegetation Act 1991 ;
(g) an
access agreement entered into under the Recreational Greenways Act 2000
;
(h) a
management agreement entered into under the River Murray Act 2003 ;
(i)
a management agreement entered into under the
Upper South East Dryland Salinity and Flood Management Act 2002 ;
(j) any
other encumbrance created by or under any statute and prescribed by the
regulations for the purposes of this definition;
"thoroughfare" includes a walkway;
"water industry entity" means an entity involved in the water industry within
the meaning of the Water Industry Act 2012 .
(2) In
paragraph (e) of the definition of "allotment" in
subsection (1)—
"plan of division" means a plan of division (whether described as such, or as
a plan of subdivision or resubdivision)—
(a) that
was, before 1 January 1900, deposited or filed in the Lands Titles
Registration Office or deposited or enrolled in the General Registry Office;
or
(b)
approved pursuant to the Planning and Development Act 1966 or a previous
enactment and deposited, or accepted for filing, in the Lands Titles
Registration Office or deposited or enrolled in the General Registry Office;
or
(c) that
was deposited by the Registrar-General in the Lands Titles Registration Office
in pursuance of Part 19AB on or after 4 November 1982,
and that has not been superseded by a subsequent plan of division or been
cancelled by or under this Act.
(3) For the purposes
of this Part, allotments (including part allotments) will be taken to be
contiguous if they abut one another at any point or if they are separated only
by—
(a) a
street, road, railway, thoroughfare or travelling stock route; or
(b) a
reserve or other similar open space dedicated for public purposes.
(4) For the purposes
of subsection (3) allotments (including part allotments) will be taken to
be separated by intervening land if a line projected at right angles from any
point on the boundary of one of the allotments or part allotments with the
intervening land would intersect a boundary of the other allotment or part
allotment with the intervening land.
(5) Where a
statutorily authorised division of land was made before the commencement of
this Part, or is made in pursuance of this Part, that division will be taken
to have superseded any former division insofar as it affected the same land
(whether or not the former division was itself statutorily authorised) and
hence any allotments that may have existed by virtue of any such former
division of the land will, to the extent to which it has been superseded,
cease to exist.
(6) For the purposes
of subsection (5) a division of land is statutorily authorised if
effected in pursuance of this Part, or any previous enactment providing for
the division of land.
(7) An application or
instrument under this Part may not be executed under a client authorisation.