South Australian Current Acts South Australian Current Acts223LD—Application for division
(1) An application for
the division of land may be made to the Registrar-General by the registered
proprietor of the land.
(2) An application
under this section must be—
(a) in
the appropriate form; and
(b)
signed by the applicant; and
(c)
accompanied by the prescribed fee.
(3) Subject to this
section, the application must be accompanied by—
(a) a
plan of division delineating the allotments into which the applicant seeks to
divide the land; and
(b) the
certificate of a licensed surveyor in the prescribed form,
and the applicant must comply with the requirements of the Registrar-General
in relation to the application.
(4) The
Registrar-General may examine a plan of division before the application for
the division is lodged under subsection (1) to determine whether the plan
is in an appropriate form to be deposited in the Lands Titles Registration
Office.
(5) The regulations
may provide that in prescribed cases, or cases of a prescribed class, no
certificate is required under subsection (3)(b) unless the
Registrar-General specifically requires such a certificate, and, in any other
case, the Registrar-General may, if he or she thinks fit, dispense with any
such certificate.
(5a) The
Registrar-General must not deal with an application (other than an application
of a kind prescribed by regulation) for the division of land 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
division.
(6) The certificate
referred to in subsection (5a) 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) The plan and the
application for division will, upon being lodged with the Registrar-General,
be taken for the purposes of this Act to be a single instrument presented for
registration and will have priority over other instruments in accordance with
section 56.
(8) Subject to
subsection (9), a plan of division or the application to which it relates
cannot be withdrawn or amended without the consent of all the persons who are
required by this Division to certify their consent to deposit of the plan.
(9) The
Registrar-General may permit an applicant, or a person who has certified his
or her consent to deposit of a plan of division, to amend the application or
the plan to which it relates in order to comply with this Act or with a
requirement of the Registrar-General under this Act.
(10) The provisions of
this Act that apply to, or in relation to, instruments of a particular class
will, subject to this Part, apply (with any necessary adaptations or
modifications) to, or in relation to, a plan of division and the application
for division if deposit of the plan in the Lands Titles Registration
Office—
(a)
would operate to vest in a person under section 223LE the same kind of
estate or interest as is vested by registration of instruments of that class;
or
(b)
would discharge or otherwise extinguish an estate or interest in land under
section 223LE of the same kind as is discharged or extinguished by
registration of instruments of that class.
(11) Except where the
Registrar-General otherwise determines, an application for the division of
land cannot be made unless the land has been brought under the provisions of
this Act.
(12) Where an
application for the division of land that has not been brought under the
provisions of this Act is permitted by the Registrar-General, references in
this Division that are appropriate to, or in relation to, land that has been
brought under the provisions of this Act will, in relation to that
application, be read subject to appropriate adaptations and modifications.