Example section 35 acquisition plans – Plans under the Subdivision Act 1988 This is a guide to preparing a plan This is achieved by including on the plan of the land to be acquired a table identifying the vesting dates for the purposes of the acquisition and transfer registration dates. of land by an acquiring authority The vesting table must include all roads and under section 35 of the Subdivision reserves in the plan that will vest to the relevant council/body/person. Act 1988. The parcellation shown on the plan comes into effect This example incorporates the when the plan is registered. Subdivision (Registrar’s The status of the land acquired is formalised (vested) upon the registration of the subsequent Requirements) Regulations 2011 transfer or gazettal. and includes items covered in Roads and reserves not subject to acquisition that other published examples. will vest upon plan registration should be denoted by an appropriate symbol in the vesting table. The plan must state whether the land is to be Key elements for preparing an acquisition plan acquired free from, or subject to, existing under section 35 encumbrances as indicated by section 35 (3)(b). – Note: some of the points below are referenced on the The easement table must show all easements pages that follow. (existing and new) that remain after registration of The plan is to be prepared and lodged pursuant to the plan. section 35 of the Subdivision Act 1988. The land not the subject of the acquisition may also The method of acquisition by agreement, – be subdivided. Anything done in the plan that affects compulsorily, or both must be stated in the – this land will require the consents of all interested notations panel on sheet 1 of the plan. parties. The plan must state which land is to be acquired by the authority as indicated by section 35(3)(b). –
Example – section 35 acquisition plans Plans under the Subdivision Act 1988 This is a guide to preparing a plan for the purposes of the acquisition of land by an acquiring authority under section 35 of the Subdivision Act 1988. This example incorporates the Subdivision (Registrar’s Requirements) Regulations 2011 and includes items covered in other published examples. Key elements for preparing an acquisition plan under section 35 Note: some of the points below are referenced on the pages that follow. The plan is to be prepared and lodged pursuant to section 35 of the Subdivision Act 1988. The method of acquisition – by agreement, compulsorily, or both – must be stated in the notations panel on sheet 1 of the plan. The plan must state which land is to be acquired by the authority – as indicated by section 35(3)(b). This is achieved by including on the plan of the land to be acquired a table identifying the vesting dates and transfer registration dates. The vesting table must include all roads and reserves in the plan that will vest to the relevant council/body/person. The parcellation shown on the plan comes into effect when the plan is registered. The status of the land acquired is formalised (vested) upon the registration of the subsequent transfer or gazettal. Roads and reserves not subject to acquisition that will vest upon plan registration should be denoted by an appropriate symbol in the vesting table. The plan must state whether the land is to be acquired free from, or subject to, existing encumbrances – as indicated by section 35 (3)(b). The easement table must show all easements (existing and new) that remain after registration of the plan. The land not the subject of the acquisition may also be subdivided. Anything done in the plan that affects this land will require the consents of all interested parties.