Survey and Plan policy and procedure guides

To keep industry abreast of continually changing legislation and best business practice, all of Landgate's Policy and Procedure guides are available for viewing online.

If you would like to make suggestions for change or improvement to the guides available on this page, please complete and submit the Feedback form online, or send an email to guides@landgate.wa.gov.au.

Search by category


Terms of Use

Disclaimer of Liability

The information contained in the guides below is distributed by Landgate through the Landgate corporate website (www0.landgate.wa.gov.au/) as a guide or information source only. Various factors beyond the control of Landgate or the Landgate corporate website can affect the quality or accuracy of the information and products. While every effort has been made to ensure accuracy and completeness, no guarantee is given nor responsibility taken by Landgate or the Landgate corporate website for errors or omissions in the manual. Landgate and the Landgate corporate website do not accept any liability for any loss or damage incurred as a result of the use of, or reliance upon the information provided in this manual or incorporated into it by reference.

Important

The information in the guides below should not be regarded as legal advice. In all matters, users should seek legal advice from an independent legal practitioner.

Online

The Landgate corporate website provides links to other Internet sites. These external information sources are outside of Landgate’s control and it is the responsibility of Internet users to make their own decisions about the accuracy, reliability, suitability and correctness of information found.

Copyright ©

Copyright in the guides below is owned by the Western Australian Land Information Authority (Landgate) and is protected by the Copyright Act 1968 (Cwlth).
You may use the content for the purpose of a guide or information source in respect of land registration practice and procedure in Western Australia. Other than for this specified purpose and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cwlth) and similar statutes that apply in your jurisdiction, you may not, in any form or by any means:

  • Adapt, reproduce, store, distribute, transmit, print, display or create derivative works from any part of this Workbook
    or
  • Commercialise any information, products or services obtained from any part of this Workbook, without Landgate’s prior written permission.

Requests to use Landgate’s copyright material should be addressed to:

Licensing Consultant
Pricing and Licensing
Landgate
PO Box 2222
MIDLAND WA 6936
Tel: (08) 9273 7210
E-mail: licensing@landgate.wa.gov.au


Any authorised reproduction, however altered, reformatted or redisplayed, must acknowledge the source of the information and that Landgate is the owner of copyright.

SPP-10 Plan Practices

Version 1 - 28/06/2018

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

1 Deposited Plan Types and Purposes (replaces SPPM Chapter 10.1)
1.1 Plan Type

There are only two recognised types of Deposited Plan:

  1. Freehold for Plans relating to land registered under the Transfer of Land Act 1893
  2. Crown for Plans prepared for the purposes of the Land Administration Act 1997. Plan Types.

The ‘Type’ panel on the Deposited Plan should record either Freehold or Crown.  Where a Plan contains both Crown and Freehold land the Plan Type is generally determined from the following criteria:

  • DPLH/Lands made an instruction for the Plan to be prepared and a DPLH file reference exists then the Plan type is Crown.  A Crown Land amalgamation (with adjoining Freehold land) is an exception to this rule – the Plan Type in this case is Freehold. (See Specific Plan Purposes Section 2.)
  • If the Plan is prepared for private purposes, then the Plan type is Freehold.
1.2 Plan Purposes

The ‘Purpose’ panel on the Deposited Plan should record the purpose of the Plan. Only one purpose can be recorded per Plan (except for sole subject roads that require a Crown Land Title to be prepared– refer ‘Acquisition’ below).

Allowable Plan purposes include:

1. Subdivision

A Plan that will lead to the creation of new Titles (excluding the other ‘purpose’ categories below). Refer also to Plan Approval Requirements Sections 2 and 3.Except for land acquisitions under the LAA, road widenings that require a balance lot to be depicted on the Plan are to be regarded as having a purpose of ‘Subdivision’. Road widenings that automatically dedicate do not require a lot number.

2. Acquisition

The taking of interests in land for public purposes (usually roads) under part 9 of the LAA requires a plan with a purpose of ‘acquisition’. See section 2 of Chapter 11 (Specific Plan Purposes) of the Survey and Plan Practice Manual.

3. Crown Land Amalgamation

Where the sole purpose of a Plan is for the amalgamation of Crown Land with Freehold Land. See section 2 of Chapter 11 (Specific Plan Purposes) of the Survey and Plan Practice Manual. The Plan type must be shown as Freehold.

4. Road

Most roads will now be created on Plans of subdivision but where a road is being created within a large tract of Crown land it may still be possible to have a road as the sole subject of a Plan.  The purpose of such a Plan is ‘Road’ except where there is a need to create a Crown Land Title for the road parcel – the Plan Purpose in these situations is ‘Acquisition (Road)’.

5. Road Closure

This Plan Purpose is used when the only purpose of the Plan is to close a dedicated or private road.

6. Vesting in the Crown

Where it is necessary for a section 152 of the P&D Act lot or lots to be the sole subject of a Plan, the Purpose of that Plan should be recorded as ‘Vesting in the Crown’.

7. Conversion

For Titles to be created  an unambiguous ‘lot on Plan’ parcel identifier (PI) is required.  There are many parcels in the current system that do not meet this basic requirement and to allow  Titles to be created for those parcels Conversion Plans need to be prepared.  For example, balance lots created by subdivisions (not road widenings) and lots created by sketches on transfer will require Conversion Plans.

Due to the high volume of Conversion Plans prepared by Landgate for SmartRegister purposes such plans may not necessarily always meet the normal drafting standards.  As a minimum, Conversion Plans prepared by Landgate will match the standard of the paper title sketches.  Landgate no longer prepares such plans.

A Conversion Plan is to be prepared by a surveyor if an owner urgently requires a balance Title for land still held on a paper Title. (See Plan Approval Requirements Section 5) Conversion Plans prepared outside of Landgate must be drafted on a standard form to the same standard as subdivisional DPs, certified by a licensed surveyor and Examined by Landgate. (See Specific Plan Purposes Section 10.)

Plans with a Purpose of ‘Conversion’ are also required for applications to bring land under the TLA.

8. Redefinition

Crown ‘Redefinition’ Plans may be required where:

  • subsequent repegs of Crown land reveal large differences with the original survey, or
  • the condition of the original graphic has deteriorated.
  • Freehold ‘Redefinition’ Plans include:
    • Possessory Title applications, or
    • plans associated with applications under sections 159 (see Survey Guidelines Section 16) and 170 (see Surveys of Water Boundaries Section 7) of the TLA.

9. Interest

‘Interest Only’ Plans are to be lodged by surveyors where documents lodged to register a new interest or amend an existing interest refer to a spatial extent depicted on a Deposited Plan.  Generally, all interests that are to be registered over part of the land in a Title require a Deposited Plan to define the spatial extent. The only exceptions to this principle are:The ‘Interest’ purpose is only to be recorded when an interest or interests is the only subject of a Crown or Freehold Plan.

  • Caveats
  • Freehold Leases
  • Simple ‘bore’ easements between neighbours.

10. Statutory

‘Statutory’ Plans are used:

  • To facilitate actions under various statutes in reference to particular areas of land. They do not affect tenure but impose conditions or lift constraints on the subject of the Plan.
  • For ‘Notices of Intention to Take’.
  • For administrative boundaries and these boundaries can be of a temporary nature exempting an area for 1 day from restrictions under law that would not allow the proposed activities to take place.  Examples of a more permanent nature include definitions of Port Authority areas, custom areas, off-road vehicle areas, shire and rating area.
  • Where the nature of the administrative process does not justify the expense of survey and marking.
2 Plan Heading (replaces SPPM Chapter 10.2)

A description of all new tenure created by a Deposited Plan is to be shown in the heading panel labelled ‘PLAN OF’. If new lots, roads, easements or covenants are being created they must be included in the heading.

Note: New interests and notifications being created by document only are NOT shown in the heading. Existing interests being brought forward are not to be included in the heading. See plan example 51.

3 Local Government and Locality (replaces SPPM Chapter 10.6)

The local government and locality of the land under survey is to be shown.

4     Former Tenure (replaces SPPM Chapter 10.7)

Where the subject land is only one parcel involving only one Title then, in the space labelled ‘Former Tenure’ in the Plan Title block, show the former tenure in a ‘lot on Plan’ format together with the Certificate of Title volume and folio number.

Plans involving more than one parent lot or Title are to include a table (see Table 10.1 below and plan example 1) showing all the new land parcels created together with the respective former tenure for those lots, the parent survey plan and the relevant Certificate of Title volume and folio numbers (a requirement for searching Landgate’s image system).

Table 10.1: Example of Former Tenure Table

LotFormer TenureOn Plan/DiaTitle

1

PT LOT 4495

DP 136495

58-86A

2

PT LOT 4495

LOT 3880

DP 136495

DP 133081

58-86A

58-84A

Roads and road widenings that automatically dedicate on approval of the Plan are only to be included in the Former Tenure Table if they comprise any whole existing Title/s that are to totally disappear when the Plan is approved.  Where a road or road widening automatically dedicates as a result of a subdivision of a single lot/Title, the former tenure is shown in the ‘Former Tenure Box’ as a whole lot (refer to plan example 4).  Otherwise, where multiple former lots/Titles are involved in a subdivision the affected former lot/s are shown as parts in the ‘Former Tenure Table’. (See plan example 15.)

Where a subdivision involves land in a Plan for which a Title has not been issued as yet, the Former Tenure Table should see the previous lot/s on Plan only. The ‘Title’ column in the table is to be left blank.

4.1 Depiction of Part Lots in Former Tenure

To allow most of the existing lots described as part lots (as a result of road excisions, etc.) to be captured as digital titles  it was necessary for them to be captured as whole lot Titles endorsed with an exclusion notation (e.g. ‘excludes road shown on CP1234’).  These same lots were also converted en masse in the spatial database to be shown as whole lots.

New Deposited Plans should show these lots (ie. former part lots that have been captured  as whole lots) as whole lots in the former tenure box/table.

Those part lots that have not been, or could not be captured should be shown as ‘Pt’ lots in the former tenure table.

4.2 Dual Numbering of Crown Plans and Diagrams

Surveyors encountering dual numbered Plans must only use the new Deposited Plan number in the Former Tenure Box or Table. See Searching Landgate Records Section 5.

5 Field Records (replaces SPPM Chapter 10.9)

The ‘FIELD RECORDS’ section contains the field record numbers that are relevant to the survey that defines the subject land.  In the case of a compiled plan then the notation ‘COMPILED’ should be used instead of the FB number.

For Special Survey Areas the field records listed in this section of the title block should be the ‘re-establishment and control’ field books for the subdivision.  For subdivisions within SSAs, it is not necessary to include a field record if the survey has been carried out using only existing permanent marks within the SSA.

6 Surveyor's Certificate (replaces SPPM Chapter 10.11)

The surveyor must ensure the Surveyor's Certificate (Reg 54 or Compiled) is signed on all Deposited Plans.

The responsibility for the entirety of the plan resides with the signing Licensed Surveyor (see Notice to Surveyors 01/2007- from the Land Surveyors Licensing Board).

6.1 Survey Firm

Surveyors are to show Survey Firm information (telephone number and email address). This will assist Landgate in any contact required with the Surveyor or firm and ensure that In Order for Dealings Copies of Deposited Plans are returned to correct firms.

Date .........................Signed .................................(Licensed Surveyor)

7 In Order for Dealings/ Approved (replaces SPPM Chapter 10.13)

The processes for ‘Plan In Order For Dealings’ and ‘APPROVED’ are the same for both Crown and Freehold Plans.

When a Plan is made ‘In Order For Dealings’ a list of all actions necessary for Titles to issue is inserted in that panel by the Plan Examiner.

The annotation ‘Reg 26A’ or ‘Reg 21(1)’ shall be shown within the ‘Approved’ panel if the Plan is subject to those particular regulations.  ‘Reg 26A’ refers to special surveys carried out under general regulation 26A. ‘Reg 21(1)’ refers to special Crown surveys carried out under regulation 21 of the Land Administration Regulations 1998.

7.1 Plans for Metropolitan Redevelopment Authority

Previously, land under the control of various Redevelopment Authorities was administered under separate legislation e.g. Midland Redevelopment Act 1999.  New legislation, Metropolitan Redevelopment Authority Act 2011, has been enacted creating one authority for land controlled by various Redevelopment Authorities.  When dealing with Metropolitan Redevelopment Authority land, the Planning Approval section of the Deposited Plan Mask should be shown as below:

APPROVED BY

Hon. MINISTER FOR PLANNING

Under Sec. 20 of the Metropolitan Redevelopment Authority Act

FILE…………………………..

……………………………..……………………………………………

Hon. MINISTER FOR PLANNING                                       DATE

8     Total Area (replaces SPPM Chapter 10.15)

The ‘total area’ for Crown surveys is to be shown within the graphic area of the new Plan form.

9 Easements (replaces SPPM Chapter 10.16)

Easements, Covenants, Notifications and Other Interests covers the practices related to the presentation of both Crown and Freehold easements.

10      Section 152 of the P & D Act Vesting Land (replaces SPPM Chapter 10.17)

If one or more land parcels of the subject land are to vest in the Crown, a notation quoting the lot number, lot usage and section 152 is shown on the Plan. This notation should be placed in the ‘Schedule of Interests and Notifications’. (See Easements, Covenants, Notifications and Other Interests Section 1.) The land usage is also noted within the lot itself. (See plan example 33 and 32.)

Surveyors are advised that plans of subdivisions subject to a proposed reserve under section 152 of the P&D Act must depict the purpose on the plan exactly as described in the WAPC condition for subdivisional approval.

Any clarification or interpretation of a vesting purpose is to be referred to the WAPC. Also see Appendix 8.

Section 167 P & D Act Easements (old section 27A of the TP&D Act) are the only accepted interests over vesting land.    Easements in gross to private companies - e.g. Wang/Parmelia - gas pipelines, restrictive covenants caveats and mortgages are unacceptable and must be removed.

Where Planning conditions require lots to be transferred to the Crown for purposes other than those covered under section 152 a notation is to be shown in the Interests & Notifications table on the plan stating LOT... TO BE TRANSFERRED TO THE CROWN... for a specific purpose.  This notation should be placed in the comments column of the ‘Schedule of Interests and Notifications’ (refer). Easements, Covenants, Notifications and Other Interests Section 14deals with easements and covenants over vesting land.

11 Original Crown Allotment Boundaries on Freehold Plans (replaces SPPM Chapter 10.19)

The bringing forward of original Crown allotment boundaries onto Freehold Plans is not required unless a depth limitation in the original Crown Grant (see General Drafting Practices Section 45) or some other spatial element affecting the parent Title (e.g. a notification) needs to be identified.

Where a depth limit from a Crown Grant applies to only part of a new Freehold lot the extent of the original Crown allotment that forms part or the whole of the subject of the Plan must be shown.  If all the subject land for a Plan has the same depth limitation the original Crown allotment boundaries need not be shown.

On plan example 7, Nelson Location 4495 has a depth limit of 60.96 metres and its extent relative to that Plan is shown in the normal manner. The original Crown boundaries for Location 3880 are not shown (except where it abuts Location 4495) because it has no depth limit.

On plan example 20, Esperance lot 2080 (a Crown grant in trust) has a depth of 12.19 metres and so the original boundary is shown through the new lot 110

12      Plan Notations (replaces SPPM Chapter 10.20)
12.1 Common Notations

The following are common notations used on Plans:

  • COMPILED FROM P....., D.....,DP……., FB ......, C/T .........
  • LIMITED IN DEPTH TO …….. METRES AS TO LOT ……. ONLY
  • DATUM FOR LEVELS - AHD (SSM........ .)
  • CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH EXECUTIVE MINUTE 10/92
  • CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH EXECUTIVE MINUTE 17/90
  • CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH SURVEY REGISTRATION MINUTE 1/98.
  • EASEMENT CASEMENT CALCULATED FROM CENTRELINE TRAVERSE.
12.2 Special Conditions

Where special conditions for survey exist a notation shall be shown to indicate these conditions.

General regulation 26A or LAA regulation 21(1) notations can be as follows:

  • CENTRELINE/TRAVERSE SURVEY, NO CLEARING OR TRENCHING ON BOUNDARIES
  • INTERMEDIATE MARKING OVER 250 METRES
  • DIMENSIONS DERIVED FROM GPS OBSERVATIONS
  • HWM DERIVED FROM GPS OBSERVATIONS
  • HWM BASED ON AERIAL PHOTOGRAPHY _____________Date
  • HWM DERIVED FROM SCDB _________________Date
  • BOUNDARIES COMPLETELY UNMARKED BUT RELATED TO THE SSM’S (Note: Used for surveys under the “26A ROADS (OPEN) GUIDELINES)
  • SURVEYED IN ACCORDANCE WITH GUIDELINES FOR ROADS THROUGH STATE FOREST (Note: Used for surveys under the “26A ROADS (FOREST) GUIDELINES)

An appropriate alternative notation can be used for any other unique circumstance, the notation ‘Reg 26A’ or ‘Reg21(1)’ is to be shown in the approval panel of the Title Block.

All compiled Plans with calculated boundaries must comply with Operational Directives (subject to Reg 21(1)). Notations for these plans will be ‘Calculated Dimensions Derived in Accordance with Executive Minute ……..’

13 Plan Amendments (replaces SPPM Chapter 10.22)

Table 10-2: Example of ‘Amendment Schedule’

VersionAmendmentAuthorised ByDate

2

Lot 51 added-

Replacement Plan

A. Surveyor

8.6.2002

3

Plan Examination Requirements

A. Surveyor

4.7.2007

4

Survey Sheets added

or

Survey Sheets (being sheets…..) now Lodged

A. Surveyor

14.7.2007

5

Amendment Approved (SMITH STREET changed to BROWN ROAD)

<signature>

Inspector of Plans and Surveys

23.8.2007

13.1 Replacement Plans

A replacement Plan, with version control, is required for any amendment to a Plan.  Amendments include any changes to the Plan instigated by the surveyor or Landgate Examination Requirements.

Also a new CSD File is required with replacement Plans where the surveyor has amended lot boundaries or added / amended Easement details.

Replacement of hardcopy Deposited Plans is to be a digital version.  Any amendments to Plans lodged prior to the introduction of Deposited Plans require cancellation of the superseded Plan and lodgement of a new digital Deposited Plan.

Landgate will not carry out any amendments to Plans.

13.2 Schedule for Replacement and Amendments to Deposited Plans throughout the Examination Process

Refer to Transfer of Land Regulations 2004.

Table 10-3: Version Change and Scanning Requirements for Plans

Plan StatusVersion ChangeScanned

Plan lodged (Stamped Subject To Material Change)

Yes

Yes

Any change to plan initiated by surveyor prior to or during examination

Yes

Yes

Substance* of plan amended as a result of examination or compliance with a requisition

Yes

No

Certified Correct

No

Yes

Amendments to Plan requested by Surveyor after certified correct

Yes

Yes

In Order for Dealings

-------------------------------------------

- Addition of Survey Sheets (SSA only)

No

--------------------

Yes

Yes

--------------

Yes

Any change after IOFD

Yes

Yes

Changes on Plan Approval

(e.g. Doc No. added)

No

Yes

Changes post Approval

Yes

Yes

Replacement Survey Sheets

- Post Approval

Yes

Yes

13.3 Examination Amendment Table

Version - 2 (History of versions not required).

Amendment - statement to be “Examination Requirements”.

Authorised By - the name of the surveyor only is required (signature not required)- name of firm or drafting contractor not required.

Ver.AmendmentAuthorised ByDate

2

Plan Examination Required

A. Surveyor

12.06.2007

14      Authority for Correction of Errors on Plans after Plan Approved (replaces SPPM Chapter 10.23)

The schedule below sets out the policy of the Commissioner of Titles on Plan amendments after they have been approved by the Inspector of Plans and Surveys or an Authorised Land Officer.

14.1 Schedule
  1. Extent of Correction for Areas and Distances
    TypeLevelDescriptionExtentAuthorised by

    1(a)(i)

    Minor

    s. 155 of the TLA

    Increasing Area – no impact on any other lot; subject to 1(a)(ii) and 1(a)(iii)

    No more than 0.2%

    Plan Examiner

    1(a)(ii)

    Minor

    s.155 of the TLA

    Increase or decrease of distance of a boundary 40 metres or less

    50mm or less

    Plan Examiner

    1(a)(iii)

    Minor

    s.155 of the TLA

    Increase or decrease of distance of a boundary over 40 metres

    0.2% or less

    Plan Examiner

    1(b)

    Intermediate

    Increase in area or length with no impact on any other lot

    1% or less

    IPS or Officer appointed under S.18 of Licensed Surveyors Act

    1(c)(i)

    Intermediate

    Increase in area or length with no impact on any other lot

    5% or less

    Legal Officer

    1(c)(ii)

    Intermediate

    Reduction in area or length of lot not within Perth CBD

    1% or less

    Legal Officer

    1(d)

    Major

    Any other amendments

     

    Deputy/Commissioner of Titles

  2. Correction of Angles - Authority to amend governed by the effect of the extent of correction on areas or boundary lengths (see 1 above).
  3. Correction of Tables and Endorsements (Other Than Area or Dimensions)-

Formal ‘Direction to Amend’ by the Deputy/Commissioner of Titles is required for amendments to easements, covenants and notifications etc. shown on a plan/diagram.

  1. Other Corrections
DescriptionAuthorised By

Miss-spelt or incorrect road name

Plan Examiner

Transposed or incorrect parcel identifier

Legal Officer to sign and date file, IPS or Officer appointed under S.18 of Licensed Surveyors Act to sign plan

Other notations/stamps/data on plans

Refer to Manager Cadastral Subdivisions and Deputy/Commissioner of Titles for instructions

This schedule does not deal with corrections to graphics on paper Certificates of Title that may be necessary after correction of the relevant Plan.

15 Cancellations (replaces SPPM Chapter 10.24)

Cancellation of Crown Plans is under the direction of DPLH/Lands and certified accordingly by an ALO.

For various reasons, existing Freehold Plans occasionally need to be cancelled.  There are two main instances when freehold plans are requested to be cancelled:

  • Type A - if a land owner has had a subdivision carried out and then decides that the subdivision should not proceed (providing it is prior to dealing being lodged) a written request signed by the land owner to the ‘Inspector of Plans and Surveys’ is required, to allow cancellation
  • Type B - if a surveyor carries out a subdivision and the land being subdivided is the subject of a Plan that has not been dealt on, then this superseded Plan must either be dealt on or cancelled.  If the cancellation option is chosen, the Surveyor’s Report can be used to request cancellation of the redundant Plan.  It should be noted that if a surveyor is aware that the land to be subdivided is to be the subject of a cancellation the Former Tenure Table should not reflect details of the Plan to be cancelled.

For Type A cancellations, any authority that has an interest that would have been automatically created on plan approval has to provide consent to the cancellation.  This does not include the automatic creation of roads or road widenings.

On receipt of a cancellation request, the Plan is prepared for cancellation, is cancelled by the Inspector of Plans and Surveys and SmartPlan is updated to show a status of ‘Cancelled’.  All relevant authorities are notified of the cancellation if the Plan has been endorsed by WAPC.

A fee is charged by Landgate for the cancellation of a Plan and payment is required before the plan will be cancelled.

Note:

  • Plans cannot be cancelled once Dealings have been accepted.
  • Landgate will  send an account and a copy of the Plan showing cancellation to the person who requested the cancellation.

There are also specific provisions in section 70 of the STA relating to the payment of deposits and how they must be dealt with if a relevant building has not been completed and strata titled when the contract is signed.

SPP-14 Easements Covenants Notifications and other Interests

Version 1 – 01/08/2018

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

Contents

1       Table of Interests and Notifications

2       Terminology for Amending Easements

3       Content and Structure of the Interests and Notifications Schedule

3.1         Existing Interests Being Brought Forward– shown above ‘the line’.

3.2         New Interests and Notifications being depicted- shown below ‘the line

3.2.1      New Interests

3.2.2      New Vestings

4       Un-dimensioned Memorials and Notifications

5       Multiple Section 167 Easements

6       Private Rights of Way and Implied Rights

7       Bringing Forward Unregistered Easements

8       Transmission Line Easements

9       General

10     Interests Brought Forward on Plans

11     Bringing Forward Anomalous Interests on Plans

11.1       Surveyor’s process

11.2       Guideline 1: Used for Type A anomalies

11.3       Guideline 2: Used for Type A anomalies

11.4       Guideline 3: Used for Type E & F anomalies

11.5       Guideline 4: Used for Type E & F anomalies

11.6       Landgate processes

11.7       Notation/s

11.8       Field Records

11.9       Contacts

12     Bringing Forward Section 27A of the TP & D Act Easements and Section 12A of the TP & D Act Notifications

13     Bringing Forward Encumbrances- Interests (Burdens & Benefits)- on Crown Land Amalgamation Plans

14     Easements and Covenants Created on Plans

15     Easements in Gross

16     Easements in Favour of the Public

17     Crown Easements

18     Implied Easements

19     Graphical Presentation of Easements

20     Labelling of Interests

21     Interest Only Plans

21.1       Requirements for Deposited Plans

22     Requirements for CSD files

22.1       General Matters Concerning Interest Only Plans

23     Lodgement of Instruments

24     Easements and Notifications Over Vesting Land

25     Subsisting Crown Easements

26     Water Agencies (Powers) Act 1984 Memorials

26.1       Taxes and Charges (Land Subdivision) Legislation Amendment Act 1996 (Deferral of Charges and Headworks        Contributions)

26.2       Memorials

26.2.1        Manual Memorials

26.2.2        Automatic Memorials

26.2.3        Removing the Manual Memorial

26.2.4        Removing the Automatic Memorial

27     Notifications of Factors Affecting Use and Enjoyment of Land

27.1       Planning and Development Act 2005

27.2       Transfer of Land Act 1893

27.3       Water Services Licensing Act 1995

28     The Use of Restrictive Covenants/ Covenants to Control Access to Roads

28.1       Under Section 129BA of the TLA

28.2       Under Section 150 of the P&D Act

29     Carbon Rights, Carbon Covenants and Tree Plantations

29.1       Carbon Rights Act 2003

29.2       Tree Plantation Agreements Act 2003

1 Table of Interests and Notifications

Under SmartRegister, Plans prepared by surveyors have an increased role as the Plan is used to provide the graphic for the Title. Deposited Plans need to mirror (reflect) the Register. It is necessary for surveyors to bring forward all existing easements and other interests of a spatial nature (i.e. interests that affect only part of a lot) onto new Plans.

To assist in identifying all the spatial interests on a Plan surveyors are to show the details in a ‘table of interests and notifications’. See plan example 2. The table is to contain a dividing line where all interests and notifications being brought forward are listed chronologically above ‘the line’ and all new interests and notifications are to be shown below ‘the line’ together with any interests being modified.

A parent Title under SmartRegister contains all the ‘live’ interests affecting that Title in the Second Schedule. Surveyors need to identify the best source for the spatial information of each interest and accurately plot the interests on the Plan and include the item in the ‘table of interests and notifications’.

The heading of the table should always be ‘INTERESTS AND NOTIFICATIONS’ regardless of whether it may contain only interests or notification/s.

See Appendix 8 for a ready reference giving examples of how to present many of the various types of interests and notifications.

2  Terminology for Amending Easements

The following terminology applies to the modification or removal of easements. This terminology should be reflected on Plans where applicable and within the Surveyor’s Report.

- Easements created under section 167 of the Planning and Development Act 2005 – require an application to ‘Extinguish’ or ‘Vary’ under section 167(4)

- Easements created under section 136C of the Transfer of Land Act 1893 – require an application to ‘Discharge’ or ‘Modify’ under section 136J

- Easements created by document – require an application to ‘Surrender’ or ‘Vary’.

Content and Structure of the Interests and Notifications Schedule

To provide better clarity and assist in the processing of Plans surveyors are to structure the schedule for interests and notifications in the following manner:

3.1 Existing Interests Being Brought Forward– shown above ‘the line’.

It is only necessary to bring forward interests that affect part of a new lot and it is preferred that these be listed in chronological (i.e. registration) and priority order. The interests currently excluded from this requirement are mortgages, leases, licenses and caveats.

Existing interests that affect whole parcels should not be shown within the schedule as these are automatically carried forward within SmartRegister. Memorials and notifications must not be shown above the line unless there is a spatial component that needs to be depicted.

Mineral reservations must not be shown above the line on Deposited Plans unless there is a spatial component that needs to be depicted.

Profits à Prendre existing over a lot are to be brought forward. Where the Profits à Prendre were created on an Interest Only Plan, there position must be shown graphically, with no dimensions required, and a note in the Comments column of the Interest & Notifications Table on the Plan referring to the creating Plan for dimensions / coordinates.  These dimensions / coordinates MUST be shown on the CSD FILE. (Refer to plan example 110.)

3.2 New Interests and Notifications being depicted- shown below ‘the line’

Appendix 8 shows which new Interests and Notifications are to be shown in the “heading” of the Deposited Plan.

These should be listed using the following order of priority.

3.2.1 New Interests

- Easements created on the Plan under section 167 of the Planning and Development Act 2005.

- Easements created on the Plan under Part IVA of the Transfer of Land Act 1893 and/or section 5D of the Strata Titles Act 1985.

- Covenants created on the Plan under Part IVA of the Transfer of Land Act 1893

- New Easements to be created by document as part of the subdivision where the Plan depicts the spatial extent of the easements.

- Other new Covenants to be created by document as part of the subdivision where the Plan depicts the spatial extent of the covenants.

- Other interests (excluding automatic memorials) to be created by document as part of the subdivision. Mortgages, leases, licenses, profits à prendre and caveats are not to be included in the table.

**(Insert a dotted line here to separate the new interests from the new vestings and notifications).

3.2.2 New Vestings

- Lots to be vested in the Crown under section 152 of the Planning and Development Act 2005.

- Notifications under section 70A of the Transfer of Land Act 1893.

- Notifications under section 165 of the Planning and Development Act 2005.

- Automatic Memorials under section 67B of the Water Agencies (Powers) Act 1984 or section 62D of the Water Boards Act 1904.

- On a Plan where there are a large number of interests and notifications to be listed and it is necessary to use more than one table, headings should be added to the tables to clarify whether the items listed are existing or new. See plan example 17.

4  Un-dimensioned Memorials and Notifications

Where possible, surveyors should attempt to avoid situations where memorials and notifications of a spatial nature are depicted on Plans without dimensions. In situations where it is not possible to provide dimensions for memorials and notifications that affect a portion of a lot (e.g. conservation areas) the document needs to contain a sketch of the likely affected area. The memorial or notification needs to be listed in the ‘Interest and Notification Schedule on the Plan with the notation ‘As to Portion Only – Refer document’ placed in the Comments field of the schedule. See plan example 86.

When bringing forward un-dimensioned memorials and notifications that are near or over new boundaries, surveyors should consider the intent of the document and use the best evidence available to ensure that intent is maintained. This may require ground proofing or the use of aerial photography to identify the area and location of the land, the subject of the document creating the memorial or notification. In many cases, the originating agency will have digital data available that will assist in bringing forward an interpretation of the spatial extent.

As a general rule Landgate will not accept for registration any easement or restrictive covenant affecting part of a lot unless it is accurately defined by dimensions.

Where a Part IVA of the Transfer of Land Act 1893 ‘Short Form’ easement is being created on a new Plan of subdivision (with or without an instrument) its purpose must be described as per the relevant easement type listed in Column 1 of Schedule 9A of the Transfer of Land Act 1893. Rights of carriage-way created under section 136C of the Transfer of Land Act 1893 must be described in the schedule of interests and notifications as ‘Rights of Carriage-way’. Any Part IVA easements that do not use Schedule 9 or Schedule 9A must be described in the schedule of interests and notifications as ‘Easement’ only.

5  Multiple Section 167 Easements

Where two or more existing and/or new section 167 easements need to refer to the same regulation number an additional capital letter should be added to the label outside the circle surrounding the regulation number.

It is intended that this requirement applies in situations where there are new and/or existing easements with the same regulation number that need to be distinguished individually on a new Plan.

The need to make this distinction would normally only be necessary where the multiple easements affect a single lot.

Plan example 87 illustrates a situation where there was a need for the easements to be labelled separately. See also chapter 14.20.

6  Private Rights of Way and Implied Rights

Surveyors must only bring forward within the Interests and Notifications Schedule those private rights of way that are labelled ‘ROW’ and coloured brown on the original subdivision Plan that created them being the subject of section 167A of the Transfer of Land Act 1893 that affect part of a new lot.

Where abutting land is coloured brown on the original subdivision Plan but not labelled ‘ROW’ it must be labelled exactly as it was shown on the original Plan together with the comment:

“coloured brown on plan/dia ………”

Under no circumstances should any possible implied rights arising from these situations be brought forward and included within the schedule of interests and notifications. See plan example 10, 12, 15, 48, 94 and 96.

7  Bringing Forward Unregistered Easements

Except as outlined below surveyors are required to bring forward onto new Plans any unregistered interests that can be identified from ‘Interest Only’ Plans lodged with Landgate. The new Plans will be placed ‘In Order for Dealings’ subject to the registration of the particular interest.

This requirement does not apply in situations where there is no intention for the interest on the Interest Only Plan to be registered. In this case, a request to have the Interest Only Plan cancelled must be made using the Surveyors Report.

Implied rights-of-way, that affect part of a new lot (see section 167A of the Transfer of Land Act 1893) that have not been extinguished must be brought forward onto new Plans and listed in the table of interests and notifications. See chapter 14.6. The lots within the subject of the Plan that have an implied benefit of the easement are to be shown in the schedule under ‘Benefit To’. It is possible for lots appurtenant to a private Right of Way to have both expressed and implied easement benefits over the Right of Way. Where expressed rights exist the Titles are endorsed with the appropriate description. Implied easements over private Rights of Way are endorsed on SmartRegister Titles only.

Titles not yet captured for SmartRegister depict the easement by implication on the sketch in the Title. Surveyors will need to bring forward onto new Deposited Plans any implied easements created by section 167A of the Transfer of Land Act 1893 that affect part of the subject of the Plan. Plan example 21 shows expressed and implied easements over an abutting private Right of Way.

The Planning and Development (Easement) Regulations 1983 require section 167 Easements on Plans to be labelled with the appropriate regulation number within a circle and the associated purpose shown. It is preferred that all other easements be labelled with a capital letter. The use of labels like ‘E-1’, ‘E-2’ etc. is also acceptable. The labels used in the graphic area of the Plan are also to be shown in the table of interests and notifications. See Section 20.

Easements that are created in documents and depicted on Plans must be referred to in the table as ‘Easement’ only.

Easements/Restrictive Covenants created pursuant to legislation must include a reference within the table to the section of the Act (or Regulation) under which they are created.

8  Transmission Line Easements

Surveyors are expected to liaise with the Service Provider and the developer about the timing of the Plan and document lodgement to avoid delays during plan examination.

Surveyors are also referred to Easement Surveys Section 5 for cases where Interest Only Plans are required.

Transmission line easements are to be included in the Interests and Notifications schedule on the Deposited Plans as follows:

- Subject:                          Relevant Label

- Purpose:                         Easement

- Statutory Reference:      Energy Operators (Powers) Act 1979

- Origin:                             Doc (   )

- Land Burdened:              Relevant Lots affected by easement

- Benefit To:                       Name of relevant body (e.g. Western Power Corporation)

Plans that include such easements will be placed ‘In Order for Dealings’ subject to Energy Operators (Powers) Act 1979’. See plan example 19.

Easements over Western Power distribution lines are to be depicted and notated as easements under section 167 of the Planning and Development Act 2005.

The most important feature of an Energy Operations (Power) Act 1979 easement, unlike other easements, is that buildings are a permitted encroachment within the easement area.

When depicting these easements on Deposited Plans (including Interest Only plans) or Strata/Survey-Strata Plans, the following should be noted:

- Where the parent lot has no building or structure encroaching into the easement area, the Subject in the Interest and Notification Schedule should be labelled with an Alpha character.  For example “A”. No comments are required in the Comments field.

- Where a building or structure does exist within part of the easement area or where a building is proposed to be built within the easement area, surveyors should separately define these areas.

- Within reference to the figure below, “A” and “B” have been adopted for the encroaching buildings and “C” has been adopted for the balance of the easement area.  The surveyor may choose to make a comment in the Comments field such as “Building envelope denoted “A” and “B” included in easement area”.  The deed will specify details of “A”, “B” and “C”.

The intention of this type of easement by Electricity Networks Corporation is to control the entire easement area and all structures within that area. Where structures do exist, surveyors should include Cross Sections/Elevation Drawings on the Plan displaying RLs defining the vertical extent of the encroaching structure(s). For a complex example see plan example 109.

Note: The document refers to Deposited Plan ….. Version 1.  If for whatever reason, there is the need for a version change to the Deposited Plan, Electricity Networks Corporation will need to be notified so they can update the document to refer to the correct version.

9 General

Where Instruments are used to define a ‘term’, an expiry date should be specified in the ‘comments’ column.

Where a parcel of land is being subdivided, it is important for the surveyor to ensure that the burden of existing easements and covenants that affect that parcel of land (i.e. within the subject of the Plan) are shown in the table. A surveyor must not seek to interpret or modify the endorsement that is shown on the existing Title and instrument that is being referred to in the table on the Plan.

It is only necessary to bring forward (into the table) a benefit to land within the Plan if that benefit has a spatial nature that exists on a sketch in a paper title or in a document, or on a previous Plan and that benefit needs to be depicted on the Plan. An example of a situation where there is a need to show a benefit over land inside the Plan is where a new lot contains land that was formerly within two previous lots and only one of those former lots had a benefit that is to be brought forward. An implied easement under section 167A of the Transfer of Land Act 1893 that affects part of a lot is also an example of a situation where the benefit needs to be shown in the table and the appurtenance of the private right-of-way needs to be depicted on the Plan. (See Section 7.)

It will not be necessary to bring forward onto the schedule any benefit to land outside the Plan created by existing easements and covenants where the burden of the easement or covenant affects land inside the Plan. A reference is to be made in the schedule to the relevant parent document. Where subsisting benefits are associated with easements and covenants in gross, the beneficiary (as recorded in the original document or Plan) must be shown.

If an existing easement or covenant burdening land outside the Plan is being modified in a spatial manner by a document to be lodged with the Plan and a benefit inside the Plan needs to be identified, the benefit of that easement or covenant needs to be shown in the table on the Plan (below ‘the line’).

Table 14.1 lists the elements to be shown in the table.

The table of interests and notifications can be placed anywhere within the graphic area of a Plan. Where Plans contain many interests and notifications it may be advisable to place the table on a separate sheet for that Plan. A link should be shown in the table to the Plan sheet/s that shows the relevant interest and/or affected lots.

New Notifications under section 70A of the Transfer of Land Act 1893 and section 165 of the Planning and Development Act 2005 are to be included in the table. Lots burdened by the notification are to be shown but the ‘benefit to’ column is to be left blank. The description used on the Plan must match exactly the description used in the notification instrument. If the wording in the description of the notification is lengthy, the description should not be placed on the Plan. (Refer plan examples 14, 16 and 24.)

The Water Corporation have requested that when section 70A Notifications are recorded in the Interests & Notifications table of Deposited Plans the name of the Public Authority be recorded in the ‘Comments’ columns of the table. (Refer plan example 25.) This is particularly important in situations where there may be more than one notification applicable.

Land vesting in the Crown under section 152 of the Planning and Development Act 2005 is to be shown in the table.

Surveyors should avoid overcrowding of the graphic area of a Plan as Landgate is required to place certain statutory endorsements on the Plan and overcrowded Plans are more difficult to comprehend. In some situations it may be worth placing all the graphic representations of the easements and covenants on a separate sheet of the Plan together with the table of interests and notifications.

Where easements, covenants and notifications (either new or existing) affect only a portion of a lot being created, the Plan must show sufficient dimensions to unambiguously identify the land affected.

Where a partial benefit or burden covers a former lot a reference to the former tenure should be made in the table. (Refer plan example 15.) Where any interest or notification, such as a Mineral Reservation or Soil Conservation encumbrance is not dimensioned a reference to a former lot should be made where applicable.

Leases and mortgages that have a spatial nature are not to be brought forward onto new Deposited Plans. This applies in all cases even though sketches on original Titles may show the extents of such interests over the subject land.

TypeWhereShow on ScheduleComments
Existing BurdenInside PlanYes 
Existing BurdenOutside PlanNoRefer to original plan or document
if necessary
Existing Burden
(Burden Inside)
Inside PlanOnly if Spatial Element in graphic (i.e. sketch in paper
title or document, or previous plan)
 
Existing Burden
(Burden Inside)
Outside PlanOnly if Easement or Covenant in GrossRefer to original plan or document
if necessary
Existing Burden
(Burden Outside)
Inside PlanOnly if Spatial Element in graphic (i.e. sketch in paper title or
document, or previous plan)

Eg. Benefit to only part of new lot.

S167A Implied Easements also

Existing Burden
(Burden Outside)
Outside PlanNo 
New/Modified BurdenInside PlanYes 
New/Modified BurdenOutside PlanNo 
New/Modified Burden
(Burden Inside)
Inside PlanYes 
New/Modified Burden
(Burden Inside)
Outside PlanYes 
New/Modified Burden
(Burden Outside)
Inside PlanOnly if Instrument Lodged with PlanWould require a plan for land being
burdened as well
New/Modified Burden
(Burden Outside)
Outside PlanNo 
10 Interests Brought Forward on Plans

Where it is necessary to bring forward an interest onto a new Deposited Plan of subdivision the depiction of that interest may require an interpretation by the surveyor of the original registered instrument, deed or document.

The endorsements of interests on Certificates of Title refer to the instrument, deed, document, Plan or diagram creating them. Reference should always be made to the instrument, deed, document, Plan or diagram to obtain complete graphical and written information. Surveyors should also refer to the previous paper Titles for graphical information.

Back-captured SmartRegister Titles will normally refer to the previous paper Title as the primary source of the relevant graphic for those Titles. Surveyors should always refer to those previous Titles for graphical information.

The surveyor is entirely responsible for the interpretation of which lots are burdened or benefited especially when an interest comes into close proximity to new lot boundaries created on a new Deposited Plan.

See plan example 98.

11 Bringing Forward Anomalous Interests on Plans

The following advice supersedes Notice to Surveyors T2/2002.

Where surveyors encounter anomalies when bringing forward interests of a spatial nature onto new Deposited Plans and Survey-Strata Plans, the following practices need to be followed.

The anomalous situations that can occur include those where there are discrepancies/omissions in dimensions in the:

- original document creating the interest

- graphic/s on the Certificate/s of Title

- original document with the same dimensional discrepancies/omissions in the title graphic/s

- original document with different dimensional discrepancies /omissions in the title graphic/s

A further situation that can occur is where a modern survey has determined more accurate dimensions for boundaries of parcels and these dimensions conflict with the dimensions for interests intersecting with or related to parcel boundaries depicted in sketches shown in original documents and/or paper Title graphics.

For reference purposes we have described each of these situations as a ‘type’ of anomaly.

Type A

Where a modern survey has determined more accurate dimensions for boundaries of parcels, and those dimensions conflict with the original dimensions for interests intersecting with or related to the parcel boundaries. This is not considered a problem, but it is considered desirable that the parties to the interest are notified about the updated dimensions when the differences are significant

Type B

The Title is consistent (that is appears correct) within itself and differs from the document which is consistent within itself. It will be necessary to determine which is correct, although some examples show that this occurs when a compensating error was made on the Title sketch. If the Title is found to be wrong, it will be a Landgate responsibility to match the Title with the document. If the document is found to be wrong the matter will be referred back to the lodging parties

Type C

The Title is consistent within itself and differs from the document which is inconsistent within itself. This could have occurred when an error in the document was corrected for the Title sketch but not in the document. When the differences are significant it is considered appropriate to notify the parties who may wish to correct the anomaly

Type D

The Title is inconsistent within itself and differs from the document which is consistent within itself. This could have occurred when an error was made on the Title sketch. This is considered a Landgate responsibility to match the Title with the document.

Type E

The Title is inconsistent within itself and agrees with the document which is inconsistent within itself. This could have occurred when an error was made during the preparation of the document. The sketch in the document was faithfully replicated in the Title. This is considered the responsibility of the parties to the interest.

Type F

The Title is inconsistent within itself and differs from the document which is inconsistent within itself. This could have occurred when an error was made during the preparation of the document and another error was made in the Title sketch. This is considered the responsibility of the parties to the interest. Although a subsequent error may have been introduced by Landgate the source document contains discrepancies and this is considered to be where the primary responsibility lies.

Where the above situations occur surveyors must take into consideration the original intention and extent of the interest that was registered. For example, if an interest was originally depicted as extending between two parcel boundaries and a later survey determines more accurate dimensions for those parcel boundaries causing the interest dimensions to alter, the surveyor should reflect the improved accuracy in the dimensions of the interest being brought forward.

11.1 Surveyor’s process

Surveyors are expected to use the following process when bringing forward relevant interests:

- Search the Certificate of Title for a sketch (‘postage stamp’).

- If the Title sketch is consistent and complete and provides a reliable definition there is no need to search further and the Title sketch can be used for the spatial definition of the interest. If the dimensions of the interest are changed because of a more accurate survey (Type A anomaly), guidelines 1 and 2 (see below) apply.

- The document may be searched if desired and Landgate is to be advised via the Surveyor’s Report if any Type B or C anomalies are found.

- If the Title sketch is inconsistent (contains dimensional discrepancies) and/or incomplete (obvious omissions such as angles), the document must be searched.

- If the document is consistent then it can be used for the spatial definition of the interest. Landgate is to be advised via the Surveyor’s Report if any Type B, C or D anomalies are found.

- If the document is inconsistent (types E and F anomalies), Guidelines 3 and 4 are applied as appropriate. Where the parties to the interest include government agencies or corporate utilities, surveyors are encouraged to liaise with them and their client as early in the process as possible to attempt to resolve the discrepancy. In all cases Landgate is to be advised via the Surveyor’s Report of the anomalies and the actions taken concerning resolution of the discrepancy.

11.2 Guideline 1: Used for Type A anomalies

Where the discrepancy in dimensions between a new Plan and an original graphic is the result of a more accurate survey of parcel boundaries and the discrepancy does not exceed the rate specified in section 155 of the Transfer of Land Act 1893 the notation should state:

“The dimensions and position of this type of interest are based on accurate surveyed alignments.”

11.3 Guideline 2: Used for Type A anomalies

Where the discrepancy in dimensions between a new Plan and an original graphic is the result of a more accurate survey of parcel boundaries and the discrepancy exceeds the rate specified in section 155 of the Transfer of Land Act 1893 the notation should state:

“The dimensions and position of this type of interest are based on accurate surveyed alignments as described in field book ______ and an interpretation of document ________.”

11.4 Guideline 3: Used for Type E & F anomalies

Where an anomaly occurs as a result of discrepancies and/or omissions in the original document and/or graphic/s on Certificate/s of Title and the discrepancy does not exceed the rate specified in section 155 of the Transfer of Land Act 1893, the surveyor can bring forward the interest using either:

- The dimensions recorded in the original document and/or Certificate of Title (no Plan notation is necessary in this instance), or

- Dimensions based on an interpretation of the information recorded in the original document and/or Certificate of Title; the Plan notation in this instance should state:

“Discrepancies/omissions in dimensions found in this type of interest within section 155 parameters. Resolution of the anomaly shown in this Plan. See field book ______ and document _______.’

In situations where it is obvious what the correct dimensions in the original document or title graphic should be then surveyors must use the second option.

11.5 Guideline 4: Used for Type E & F anomalies

Where an anomaly occurs as a result of discrepancies and/or omissions in the original document and/or graphic/s on Certificate/s of Title and the discrepancy exceeds the rate specified in section 155 of the Transfer of Land Act 1893, the surveyor can bring forward the interest using either:

The dimensions recorded in the original document and/or Certificate Of Title graphic. The Plan notation (4.1) in this instance should state:

“Discrepancies/ omissions in dimensions found in this type of interest are included in this Plan as it is impracticable/ uneconomical to resolve the anomaly. Boundary intercepts have been interpreted. See field book ______ and document _______.

or

Dimensions based on an interpretation of the information recorded in the original document and/or Certificate of Title. The Plan notation (4.2) in this instance should state:

“Discrepancies/omissions in dimensions found in this type of interest. Resolution of the anomaly shown in this Plan. See field book ______ and document _______.”

In situations where it is obvious what the correct dimensions in the original document or Title graphic should be then surveyors must use this second option.

11.6 Landgate processes
  1. Surveyor lodges DP that includes notations pursuant to Guidelines 1 or 2 (Type A anomaly).

    Plan placed In Order for Dealings with no Landgate investigation. Where Guideline 2 applies, in appropriate cases Landgate will notify the parties to the interest of the situation.

  2. Surveyor advises Landgate of a Type B, C or D anomaly or uses Guideline 3 (type E or F anomaly) where error <1:500.

    Plan placed In Order For Dealings with no Landgate investigation.

  3. Surveyor advises Landgate of a Type B, C or D anomaly where error >1:500.
  4. Plan Examiners to verify surveyors report as soon as possible after lodgement.

While plan being examined and awaiting release to WAPC, Landgate carry out actions to place subsidiary endorsements on affected certificates of title and notify the registered proprietors of the burdened and benefited land. The outcome is that the titles will refer to the new deposited plan as being the sketch that defines the spatial extent of the registered interest.

  1. Surveyor uses guideline 4 (where error >1:500) for a type E or F anomaly.

(i) Where notation 4.1 is used:

(a)       Create Registrar’s Packet as soon as possible after plan is lodged to hold affected certificates of title; and

(b)       Notify registered proprietors of benefited and burdened land about the situation and advise on options for rectification such as:

- Correction of original documents, or

- Surrender of the interest, and

- Re-creation of the interests with a new document and deposited plan.

(c)       Plan can be made in order for dealings within a specified timeframe (usually 21 days from receipt of the Registrar’s letter) depending on the response from the interested parties.

(d)       If the surveyor provides evidence at the time of lodgement that the interested parties have consented to the use of this notation, with information about the proposed actions (if any) they are going to take, Landgate will be able to make the plan in order for dealings without creating a Registrar’s Packet and without notifying the parties.

(ii) Where notation 4.2 is used:

(a)       Create Registrar’s Packet as soon as possible after plan is lodged to hold affected certificates of title.

(b)       Surveyor to provide comments from the registered proprietors of the benefited and burdened land that they have agreed to the resolution shown on the deposited plan.

(c)       Plan can be made in order for dealings within a specified timeframe (usually 21 days from receipt of the Registrar’s letter)  depending on the response from the interested parties.

(d)       If all consents have been lodged with the plan, the plan can be made IOFD in the normal process.

11.7 Notation/s

Notation/s are to be included in the ‘comment’ column of the Interests and Notifications Schedule if there is sufficient space available. Where there is insufficient space available in the Schedule of Interests then a reference (e.g. see plan examples 23 and 97) in the ‘comment’ column to the notation included in the graphical area of the plan may be used.

Table 14.2 can be used as a ready reference for the types of anomalies that can occur and the various actions that need to be taken.

11.8 Field Records

Surveyors must disclose the anomalous situation by recording the following information in a field book lodged at Landgate:

- A sketch indicating where the error/s, omission/s or discrepancies are situated

- Details of any miscloses

- A reference to the document/s and/or Certificate/s of Title where incorrect or discrepant information is recorded

- Where the surveyor makes an assessment of the information and is able to resolve the problem, the field book must include a report on how the matter has been resolved

- Where the surveyor makes an assessment of the information and is unable to resolve the problem, the field book must include a statement as applicable that it was impracticable or uneconomical to resolve the anomaly. The field book must also record how all boundary intercepts were determined.

11.9 Contacts

Table 14.2: Anomalous Interests

AnomalyDescriptionSurveyorLandgateInterested Parties
Type AMore accurate surveyDifference <1:500:
Use guideline 1
Plan IOFD with no investigation
or other actions
N/A
Difference >1:500:
use guideline 2
Landgate to notify parties in
appropriate cases
Response not sought or expected
Type BTitle right; Document right; Title not equal to documentAdopts document. Notifies Landgate via Surveyor’s Report of type B anomalyDifference <1:500: Plan IOFD with no
investigation or other actions.
N/A
Title wrong- Difference >1:500:
Examiners check; Plan IOFD; notify parties;
endorsement on title to refer to plan
Response not sought or expected
Document wrong- Difference >1:500:
Examiners check; notify parties; Plan IOFD; endorsement on title to refer to plan
Respond appropriately to advice from Landgate
Type CTitle right; Document wrong; Title not equal to documentAdopts title. Notifies Landgate via Surveyor’s report of Type C anomalyDifference <1:500: Plan IOFD with no
investigation or other actions.
N/A
Difference >1:500: Examiners check;
Notify parties; Plan IOFD unless objection; endorsement on title to refer to plan
Respond appropriately to advice from Landgate
Type DTitle wrong; Document right; Title not equal to documentAdopts document; Notifies Landgate via Surveyor’s report of Type D anomalyDifference <1:500: Plan IOFD with no
investigation or other actions.
N/A
Difference >1:500: Examiners check;
Plan IOFD; notify parties; endorsement
on title to refer to plan
Response not sought or expected
Types ETitle wrong; Document wrong; Title equal to documentDifference <1:500: Use guideline 3Difference <1:500: Plan IOFD with no
investigation or other actions.
N/A
Difference >1:500: Use guideline 4If Notation 4.1: RP, Notify parties;
Plan IOFD unless objection
Respond appropriately to advice from Landgate
If Notation 4.2: RP, Confirm resolution
with parties, unless all consents with plan;
Plan IOFD unless objection; endorsement
on title to refer to plan
Respond appropriately to advice from Landgate
Type FTitle wrong; Document wrong; Title not equal to documentDifference <1:500: Use guideline 3Difference <1:500: Plan IOFD with no
investigation or other actions
N/A
  Difference >1:500: Use guideline 4If Notation 4.1: RP, Notify parties,
unless all consents with plan; Plan IOFD
unless objection
Respond appropriately to advice from Landgate
   If Notation 4.2: RP, Confirm resolution
with parties unless all consents with plan; Plan IOFD unless objection; endorsement on title to refer to plan
Respond appropriately to advice from Landgate
12 Bringing Forward Section 27A of the TP & D Act Easements and Section 12A of the TP & D Act Notifications

The Town Planning and Development Act 1928 (TP & D Act) was repealed on 9 April 2006 and replaced by the Planning and Development Act 2005 (P & D Act).

Easements formerly created under section 27A of the TP & D Act are now created under section 167 of the P & D Act, and notifications formerly created under section 12A of the TP & D Act are now created under section 165 of the P & D Act.

The transitional provisions of the P & D Act did not mention section 27A easements or section 12A notifications and did not provide that references to those easements and notifications were to be replaced by references to section 167 easements or section 165 notifications. Therefore, easements originally created under section 27A of the TP & D Act and notifications originally created under section 12A of the TP & D Act before the repeal of the TPDA should still be referred to in the same manner on plans, diagrams, certificates of title and so on, even if those plans, diagrams and certificates of title are replaced or superseded by new or amended versions. In other words, they should be described as section 27A TP & D Act easements and section 12A notifications.

The references on deposited and strata plans, particularly within the interests and notifications schedule, to section 27A easements and section 12A notifications must be made where they have been created before the repeal of the TP & D Act. They should not be changed to refer to section 167 or section 165 respectively of the P & D Act.

The Interests and Notifications ready reference at Appendix 8 shows the correct format for bringing forward section 27A easements and section 12A notifications.

The beneficiary of these types of interests must be brought forward as shown on the original Plan. If for instance the beneficiary was ‘WAWA’, then this must be shown in the ‘Benefit To’ column of the schedule and not updated to ‘Water Corporation’.

13 Bringing Forward Encumbrances- Interests (Burdens & Benefits)- on Crown Land Amalgamation Plans

Section 87(5) (a) of the Land Administration Act 1997 states that where the whole or part of a parcel of Crown Land is amalgamated with adjoining Freehold Land and ‘if the adjoining land is subject to any encumbrance, that parcel or part becomes subject to that encumbrance as if it had been part of the adjoining land when that encumbrance was created’. When bringing forward encumbrances (interests) with a spatial extent on Crown Land Amalgamation Plans, the requirements of this section must be followed when depicting the extent of any encumbrances. Leases and mortgages that have a spatial nature are not to be brought forward onto new Deposited Plans. (See Section 1.)

14 Easements and Covenants Created on Plans

Part IVA of the Transfer of Land Act 1893 (TLA) enables the creation of easements and restrictive covenants by notations on both Crown and Freehold Survey Plans.

The following easements in short form, as prescribed in Schedule 9A of the TLA can be created on the Plan:

- An easement for a right of footway.

- An easement for water supply purposes.

- An easement for drainage purposes.

- An easement for gas supply purposes.

- An easement for the transmission of electricity by overhead cable.

- An easement for the transmission of electricity by underground cable.

- An easement for the transmission of television signals by underground cable.

- Party wall rights.

- An easement for eaves and gutters.

- An easement for sewerage purposes.

- An easement for motor vehicle parking.

Where there are no other conditions than those in Schedule 9A there is no requirement to lodge an instrument with the Plan.

Schedule 9 of the TLA provides a short form for a right of carriage-way created under section 136C of the TLA (see section 65(2)).

An easement created under section 136C of the TLA cannot burden land outside the Plan but it may benefit land outside the Plan.

Where a Part IVA of the TLA ‘Short Form’ easement is being created on a new Plan of subdivision (with or without an instrument) its purpose must be described as per the relevant easement type listed in Column 1 of Schedule 9A of the Transfer of Land Act 1893. Rights of carriage-way created under section 136C) of the TLA  must be described in the table of interests and notifications as ‘Rights of Carriage-way’. Any Part IVA easements that do not use Schedule 9 or Schedule 9A must be described in the schedule of interests and notifications as ‘Easement’ only.

Easements in gross under section 136C of the TLA can only be created in favour of a local government or a public authority. Such easements cannot be created in favour of private corporations such as Alinta Gas, Water Corporation etc. A restrictive covenant can be created by a notation on a Plan under section 136D of the TLA.  See plan example 2. The terms of the covenant must be set out in an instrument lodged in relation to the Plan.

Surveyors should avoid extending a benefit of an easement or covenant to many lots outside the subject of the Plan as all the duplicate Titles of all the lots with the benefit have to be obtained together with the written consent of anyone with a registered interest in the land. Where the lots receiving a benefit have separate proprietors with different encumbrances (e.g. mortgages), obtaining consents and duplicate Titles becomes impracticable. Where an access easement is required consideration should be given to changing the easement to a public access easement granted to the local authority under section 136C of the TLA or sections 195 and 196 of the LAA.

Easements that can be created automatically under section 167 of the Planning and Development Act 2005 detailed in the Planning and Development (Easement) Regulations include:

Reg 33a

Easement in favour of a Local Government for drainage access to drainage works or Sewerage

Reg 33b

Easement to Water Corporation for water supply, sewerage or drainage or access to water supply, sewerage or drainage works

Reg 33c

Easement to Electricity Generation Corporation, Electricity Networks Corporation, Electricity Retail Corporation or Regional Power Corporation for electricity supply

Reg 33d

Easement to WA Gas Networks Pty Ltd (or other holder of a distribution licence under the Energy Coordination Act 1994) for gas easement

Reg 33e

Easement to holder of a license for the purpose of the supply of a utility service or access to a utility service. (Easement- Telecommunications Supply Service- e.g. Telstra)

An incorrect or ambiguous statement may not be detected during Plan examination. But after the covenant document is lodged and the Plan is dealt on the inconsistency between document and Plan will cause a requisition and a delay to the dealing. Worse, not all documents are correct when lodged and a combination of multiple mistakes on the Plan statement and a mistake in the covenant document increases the risk of a mistake escaping detection and seriously disadvantaging a purchaser or the developer.

It is vital that the surveyor communicates well with the developer and/or the conveyancer before a 136D statement is placed on the Plan and the surveyor must contribute their expertise to the consultations.

Exact words or expressions only, must be used in a 136D statement. Even the use of accepted legal terms may be incorrect, so words must be used selectively and specifically. The intention must be clear and unambiguous, even if that means using longer explanations or repetition.  The term ‘the said lots’ should be avoided where possible as it can be ambiguous.

If there are two or more documents for the covenants on the Plan and they are lodged before the Plan is dealt on, the draftsperson must understand enough to match the right document number to each covenant statement. Transpositions have occurred and this reduces the statements to nonsense or worse. A copy of the lodged documents and the Plan must be obtained and annotations thoroughly checked.

Lots to vest in the Crown under section 152 of the P and D Act must not be burdened or benefited by a covenant. (See chapter 14.15.) This is a common mistake (on both Plans and documents) which invariably delays dealings.

Where plans include restrictive covenants under section 136D of the Transfer of Land Act 1893, surveyors must lodge a copy of the covenant document with the Form 1C at WAPC. Note that WAPC has advised that if a covenant document includes a provision that in any way limits any future subdivision of a lot then the plan will not be approved by the WAPC.

Lots to vest in or to be transferred to, the Crown other than by section 152 of the P & D Act must not be burdened or benefited by the covenants. (See Section 15.) These may include padmount sites, depending on the developer’s intention. In any case padmounts do not normally receive the burden or benefit of covenants.

A 136D statement on a Plan cannot burden lots that are not on that Plan. See plan examples 2, 22, 24 and 25.

In most of the cases of mistaken 136D statements detected, although the 136D covenant document was registered as a part of the first dealing, the document had been prepared before the Plan was certified correct.

The frequency of mistaken and ambiguous statements and the potential for serious consequences are such that it is recommended that surveyors and solicitors co-operate to provide a covenant agreement and plan that match and meet their client’s requirements.

15 Easements in Gross

‘Easements in Gross’ are very common as Service Authorities recognise the importance of protecting their interests over Crown and Freehold Land.

Also, with the increased regional development of the State private companies are requiring easements for projects such as transmission lines and gas pipelines. These projects are developed in close consultation with Landgate thereby enabling precise definition of parameters for each of them (including survey specifications). An example is the Pilbara-Goldfields Gas Pipeline.

The Spatial Cadastral Database (if spatially upgraded) can be used in conjunction with surveys carried out under either General Regulation 26A or LAA regulation 21(1) to define casements for extensive easements in gross. The Inspector of Plans and Surveys or an Authorised Land Officer must be consulted to obtain prior approval before this method of definition can be used.

See plan example 23 for an example of how to show easements in gross on subdivisional Plans.

16 Easements in Favour of the Public

Easements for the public at large may be created under Sections 195 and 196 of the Land Administration Act 1997. These easements are usually used in shopping centres and provide greater flexibility than rights of way and pedestrian access ways created under section 152 of the Planning and Development Act 2005. See plan example 34.

Section 195 of the LAA makes provisions for easements in gross to the State of Western Australia, a State Instrumentality, Statutory Body Corporation or Local Government.

Section 196 of the LAA further allows the creation of a “public access easement” to the “Public at Large”. This is achieved in conjunction with section 195 of the LAA by the lodgement of a document at Landgate.

Surveyors are reminded that:

- Full details of the easement needs to be shown in the Interest and Notifications table whether the easement exists above the line or below the line. (See the example below).

SUBJECTPURPOSESTATUTORY REFERENCEORIGINLAND BURDENEDBENEFIT TOCOMMENTS
        EASEMENTSEC 195 & 196 OF THE LAADOC .......Lot 12CITY OF MANDURAH AND THE PUBLIC AT LARGE 

- Public Access Easements cannot be created under section 136C of the TLA.  Sections 195 and 196 of the LAA must be used in all cases

- Public Access Easements can be created on Deposited Plans (including Interest Only plans) and Strata Plans in support of a document

17 Crown Easements

Under Part 8 of the TLA the Minister may grant easements over Crown land (whether reserves or not) to permit works in, upon, through, over or under such land. Examples of these are easements allowing the passage of persons, the provision of sewerage, gas or water pipelines, electrical cables etc., as well as to allow the maintenance of any structure, plant or equipment. There are over 1,000 easements currently registered and most of these are in relation to pipelines of one form or another.

Many easements have also been created over Crown land pursuant to the Petroleum Pipelines Act 1969.

A request for an easement should be forwarded to the relevant Lands Regional Manager in the Department of Planning, Lands and Heritage. See plan example 61.

18 Implied Easements

Section 167A of the Transfer of Land Act 1893 states that every private right-of-way shown on a plan of subdivision shall, unless the contrary is stated, be deemed an easement appurtenant to the land in the Plan that abuts the right-of-way.

Where an implied easement is created on a Plan and an abutting lot with the benefit of the implied easement is subsequently subdivided further, all lots created by the later subdivision retain the benefit of the easement created by the earlier subdivision even though some of the new lots may no longer abut the ROW.

Surveyors are to include in the Table of Interests and Notifications any section 167A ‘implied’ easements affecting part of a lot on the Plan. Refer Section 1 and plan examples 12, 15, 95 and 96.

There are a number of survey documents that have created private roads/access-ways that are not labelled ‘ROW’ and therefore NOT subject to section 167A. These private roads/access-ways are coloured brown on the Plan and either not labelled or labelled ‘Entrance’, ‘Gateway’ or other such variations of descriptive names but are not marked ‘ROW’. (Refer plan example 48.)

19 Graphical Presentation of Easements

The graphical presentation of easements on subdivisional Plans is as follows:

  1. The extent of the easement must be able to be defined from the Plan.
  2. Easements parallel and adjacent to a boundary may be dimensioned or shown only as ‘... metre wide parallel easement’.
  3. Irregular easements must be fully dimensioned.
  4. The easement label or regulation number must be cross referenced between the table of interests and notifications and the drawn easements. (Refer Section 9 also.)
  5. Section 167 P & D Act easements are uncoloured in accordance with the Planning and Development (Easement) Regulations. (See Section 14.)
  6. Where section 167 P & D Act easements are no longer required they may be removed either partially or wholly. The person or authority in whose favour the easement is granted must apply to vary or extinguish the easement under section 167(4) of the Act. Failure to do so will delay the issue of new Titles.
  7. Where an easement is to subsist or be created over existing pipes that are underground or within buildings and the precise location of those pipes cannot reasonably be determined then the approximate positions must be shown on the Plan together with appropriate notations.
  8. All surveyed and unsurveyed intersecting boundaries must be shown. These intersections shall include a distance along the intersecting boundary to the nearest corner (drawn - not to scale - if necessary). Ensure that:

(i) Distances on unsurveyed boundaries, shown to the nearest metre are prefixed ‘abt’ (about);

(ii) Unsurveyed pastoral lease boundaries are cast on cardinal bearings;

(iii)      Pastoral lease names/numbers, reserves, Crown allotments, UCL, protected roads, water features etc. are to be shown as appropriate; and

(iv)      Any SSMs connected to are shown.

20 Labelling of Interests

The Planning and Development  Regulations 2009 require section 167 easements on Plans to be depicted on a plan in such a manner as to identify the easement holder. See plan example 6. If two or more existing and/or new section 167 easements need to refer to the same regulation number an additional capital letter should be added to the label outside the circle surrounding the regulation number.

It is intended that the phrase ‘two or more’ be for two or more separate (usually non-adjacent) easements using the same regulation number. It is not intended that this practice be used where an easement crosses a boundary and/or changes direction. The requirement only applies where new and/or existing easements with the same regulation number need to be distinguished individually on a new Plan.

It is preferred that all other easements be labelled with a capital letter. The use of labels like ‘E-1’, ‘E-2’ etc. is also acceptable.

Ambiguous labelling of easements and covenants is to be avoided. If other components in a Plan (e.g. enlargements, cross-sections or access restrictions) require labelling, different letters of the alphabet should be used.

Restrictive covenants that burden whole lots do not require labelling.

21 Interest Only Plans

If the land affected by an interest that is to be registered is only part of the land in a Title then a Deposited Plan and CSD file of the affected land is required to be lodged to support the relevant Instrument except in the following cases:

  1. When the interest is a caveat, a freehold lease, or a neighbours bore easement.
  2. When a narrative description referring to a suitable existing Deposited Plan - for example

“as to the portion of land on Deposited Plan ……… labelled…….…”.

  1. When the affected land is part of the land in a Title but is already defined, or can be defined from a compilation of surveys as a separate severance polygon on the Title and in SmartPlan, in which case an appropriate description will be required - for example

“as to the portion of land within Certificate of Title Volume …..… Folio …..… bounded by …..…”.

There is a need for certainty of description of the area of land affected by the interest because only one of several interest types can be registered over any particular piece of land. For example, carbon rights cannot overlap each other and neither can profits à prendre.

21.1 Requirements for Deposited Plans

Deposited Plans shall be of Type ‘Freehold’ or ‘Crown’ depending upon the tenure of the subject land. The Purpose shall be ‘Interest’. The ‘Plan of’ section shall be in the form of ‘Carbon Right/Carbon Covenant/Plantation Interest/Easement and/or other interest over Lot … on DP…’ The current Certificate of Title volume and folio numbers should appear on the Plan either in the heading or on the graphics. The graphic area shall contain the notation ‘For Interest Purposes Only’.

As shown in plan example 88, it will generally be sufficient for the position of the area of interest to be defined by coordinates. The coordinates must be expressed in terms of a standard map grid maintained by Landgate e.g. MGA94, PCG94. It will be necessary to ensure that the coordinates of the interest polygon and the coordinates used for plotting the boundaries are compatible. Compatible coordinates are those where the accuracy of each set of coordinates is similar and compatible with the relative positions of the relevant entities. If they are not compatible it will be necessary to provide proof that the interest polygon is completely within the subject land. This can be achieved in the following ways:

- by making a geodetic connection to a nearby, verified boundary point and thereby upgrading the boundary coordinates, or

- by re-establishment of nearby boundaries and making a connection to the interest polygon

If the first case applies, the upgraded boundary coordinates must be shown on the Plan. If the second case applies, the connection from the boundary to the interest polygon must be shown by dimensions and the interest polygon must be defined by dimensions. (See plan example 89.) Belt planting of trees can be accommodated by using coordinates as illustrated in plan example 90.

Interest Only Plans are to include an ‘Initial Interests Table’ to list all the interests, whether one or many, which are expected to be registered initially over the areas of interest depicted in the interest only Plan. Any other interests existing on the subject land parcel would NOT generally be brought forward on this Plan unless deemed necessary by the surveyor to provide full disclosure to interest holders in the case of overlapping or adjacent interests.

The document number will be entered against each listed interest by Landgate at the time of registration. All subsequent actions concerning interests and the areas of interest such as surrenders, new interests using the DP etc. will be listed in the amendment schedule. Any changes to the DP other than of administrative status (e.g. IOFD), will cause an increment in the version number.

Interest Only Plans that support documents for the amendment of an existing interest are to depict the outcomes of the changes on sheet 1. The extent of the portions of the original interests that are to be extinguished or surrendered are to be depicted on sheet 2 of the Plan. Additional sheets can be used as necessary ensuring always that the outcome is on a separate sheet to the extinguished/surrendered/varied portions.

The Deposited Plans will be subject to a legal examination as part of the Plan registration process to ensure that the affected land is correctly, clearly and unambiguously defined. When the documents are lodged the examination process will ensure that the Plan is consistent with the registered instruments.

Deposited Plans lodged in support of a registered interest will incur the general fee applicable to plans not requiring deposition with the Western Australian Planning Commission.

22 Requirements for CSD files

CSD files are to be created generally in accordance with the CSD User Guide at Appendix 5.

  1. Polytype

    This is to be entered as ‘Easement’ or ‘Easement or Interest’ or ‘Interest’ depending on the application used and the version of that application.

  2. Polyident 1

The following text strings are to be used (exactly as shown here) as appropriate:

Carbon Covenant Benefit
Carbon Covenant Burden
Carbon Right
Caveat
Contaminated Site
Covenant – LAA 15
Easement - doc
Easement - LAA 144
Easement in Gross – LAA 195
Easement - Public Access LAA 196
Easement STA 5D
Easement TLA 136C
Easement TLA 167A
Easement P & D 167 Reg 33a
Easement P & D 167 Reg 33b
Easement P & D 167 Reg 33c
Easement P & D 167 Reg 33d
Easement P & D 167 Reg 33e
Lease
Memorial
Notification
Profit à prendre
Restrictive Covenant– Benefit
Restrictive Covenant Burden
Tree Plantation
  1. Polyident 2

This attribute is to contain the lot number of the affected land.

Interests other than those listed in the table should be entered as a short description of the interest e.g. mortgage.

22.1 General Matters Concerning Interest Only Plans

It is not possible to create a short form easement or restrictive covenant under Part IVA of the TLA or an automatic statutory easement under 167 of the P & D Act, on an ‘Interest Only’ Plan.

The ‘Interest Only’ Plans are to be regarded as subsidiary to the parent deed. Where a Deposited Plan is lodged it is important that the deed does NOT include a sketch of the interest. It must refer to the lodged Deposited Plan. The process is similar to the current process under Part IVA of the Transfer of Land Act 1893 where a deed is used in conjunction with an easement or covenant depicted on a subdivisional Plan.

It is essential that the deed firmly links to the ‘Interest Only’ Deposited Plan. Plans must be lodged before deeds are prepared to allow the Plan to be examined and placed in order for dealings.

All parties should retain a copy of the signed deed and a copy of the ‘In Order for Dealings’ version of the Deposited Plan.

If required, the owner may initial an ‘Interest Only’ Plan before it is lodged at the time of signing of the deed.

Where extensive easements in gross are being created surveyors are to avoid preparing Plans with more than 4 sheets. In such cases the project should be divided into manageable parts.

Surveyors are to sign the regulation 54 certificate on ‘Interest Only’ Plans. The certification only applies to the position and extent of the easement or restrictive covenant; it does not relate to the position of the asset or structure within an easement.

All unnecessary boxes in the Plan title block (i.e. ‘Former Tenure’ and Western Australian Planning Commission) are to be struck through by a single line. ‘Interest Only’ Plans are to be lodged in the normal manner and surveyors are to lodge CSD files (that conform with the requirements set out in Digital Data Requirements) with such Plans. It is essential that Plans be lodged before the associated deed. This will allow the two documents to be brought together for examination and registration after the Plan has been validated.

The Plans are shown on the SIP View of SmartPlan and the normal search fees for Plans apply. Normal lodgement and search fees apply to deeds.

Where the interest has a spatial extent that affects either the whole or part of a lot, that spatial extent will be depicted in SmartPlan’s Spatial Browse with hachuring and the relevant annotation label.

Where an interest is completely cancelled only a deed of surrender or similar is required. A Plan will not be required.

Plan examples 75-84 and 88-92 illustrate the requirements in a variety of situations.

23 Lodgement of Instruments

Where an instrument is to be lodged to support a Part IVA of the TLA easement or restrictive covenant it must be capable of registration, being in the form of a deed setting out the information required in Sections 136C and 136D as directed by the Registrar of Titles.

Consents of all parties having a registered interest in, or being a caveator in respect of the subject land, must be obtained prior to or included with the application for new Certificates of Title. Where an instrument is used the consents should accompany the instrument.

Where changes are made to a lodged Plan any accompanying instruments must also be amended in accordance with Landgate registration practices, to reflect such changes to the Plan.

The application for a new Certificate of Title and the easement documentation must be lodged together.

24 Easements and Notifications Over Vesting Land

All interests or encumbrances, other

25 Subsisting Crown Easements

than easements created under section 167 P & D Act, must have approval from the relevant Lands Regional Manager of the Department of Planning, Lands and Heritage prior to submission to the Western Australian Planning Commission.

Subsisting Crown easements are to be brought forward onto Plans in the same manner as private easements and statutory easements in gross. (Refer Section 1.)

26 Water Agencies (Powers) Act 1984 Memorials
26.1 Taxes and Charges (Land Subdivision) Legislation Amendment Act 1996 (Deferral of Charges and Headworks Contributions)

In an effort to reduce costs and improve the availability of developed residential land, changes were made to the way the Water Corporation and other water agencies collect water charges and headworks contributions for newly subdivided land.

The Taxes and Charges (Land Subdivision) Legislation Amendment Act 1996 became effective on 1 July, 1996. The Act amended the Land Tax Assessment Act 1976, the Water Agencies (Powers) Act 1984, the Water Boards Act 1904 and the Water Services Co-ordination Act 1995.

Developers of residential land may apply to the Water Corporation or other water agencies for:

  • Exemption of charges for residential lots created by subdivision approved by The Western Australian Planning Commission after 30 June, 1996.
  • Deferral of headworks contributions for subdivisions that have headwork contributions unpaid after 30 June, 1996.

In order to obtain a deferral of headworks contributions, the developer must agree to a Memorial being placed in favour of the Water Corporation over each lot where it is proposed to defer headworks contributions.

The deferral applies only if the lot:

  1. is not serviced and is not a habitable lot,
  2. is created to be used solely or principally for residential purposes, and
  3. has an area of not more than 2000m² or if its area is more than 2000m², is to be used for a building or group of buildings that:

- is solely for residential purposes’ and

- contains a number of separate residential units

Payment is deferred until the lot becomes serviced, becomes a habitable lot or one year passes after the subdivisional Plan is approved by the Western Australian Planning Commission. For the purposes of the Act the definition of a lot does not include a lot depicted on a Strata Plan unless it is a lot in a Survey-Strata Scheme.

26.2 Memorials

The Memorials created by the Act can be either lodged in document form or created automatically on the lodgement of the subdivisional plan.

26.2.1 Manual Memorials

Those lodged in document form will follow the same procedures and costs as for any other document lodged at Landgate. The land description must make reference to the parent Title and Plan. The Memorial will be endorsed on the parent Title and brought forward onto the new Titles for the lots on the plan when an application is lodged.

26.2.2 Automatic Memorials

When a plan is lodged with an endorsement that section 67B of the Water Agencies (Powers) Act 1984 applies to certain lots the following will apply:

- The Surveyor will pay a memorial fee when he pays the survey registration fee.

- Landgate staff will check that the fee has been paid and if not will issue an invoice to the Surveyor.

- The parent Title will be endorsed by Landgate with a notation that section 67B or  applies. See plan example 2.

- When the survey is In Order for Dealings and an application lodged, Landgate will ensure that the new Titles have a Memorial endorsed upon them.

A plan lodged without an endorsement that section 67B of the Water Agencies (Powers) Act 1984 applies cannot be amended to show such a notation. The benefit of a headworks deferral can still be achieved by lodgement of a manual memorial.

26.2.3 Removing the Manual Memorial

Those Memorials lodged in document form will be removed by the lodging of a Withdrawal of Memorial form that has been prepared for that purpose by Landgate for use by Water Corporation.

26.2.4 Removing the Automatic Memorial

Memorials lodged automatically will be removed by the lodging of an application requesting the Registrar to remove a Memorial created by section 67B of the Water Agencies (Powers) Act 1984.

For each Memorial removed the standard registration fee will apply.

27 Notifications of Factors Affecting Use and Enjoyment of Land

There are three types of notifications created by legislation:

27.1 Planning and Development Act 2005

Under section 165 of the Planning and Development Act 2005 (P & D Act), the WAPC may when it considers it desirable to, have recorded on a Certificate of Title, a notification of a hazard or other factors that seriously affect the use and enjoyment of the land.

The WAPC can have the notification recorded on the above without the registered proprietors consent. Section 165 of the P&D Act can be used by the WAPC as a planning condition before it will give its approval to the plan or Strata Plan.

27.2 Transfer of Land Act 1893

Under section 70A of the Transfer of Land Act 1893 (TLA) a local government or public authority, where they consider it desirable that proprietors or prospective proprietors of land should be made aware of a factor affecting the use and enjoyment of land, may cause a notification to be recorded on any affected Certificates of Title.

The two major differences between the notification under section 70A of the TLA and section 165 of the P & D Act are that the notification under section 70A of the TLA:

- Is much wider in the factors affecting the use and enjoyment of land that may be recorded. It is not limited to hazards or factors which seriously affect the use and enjoyment of land, and

- Consent of the registered proprietor/s is required before the notification can be recorded on Title

In both cases lots that are affected by a notification are to be described on the Plan in the table of ‘Interests and Notifications’. (See Section 1.) The description used on the Plan must match exactly the description used in the notification instrument. If the wording in the description of the notification is lengthy it should not be placed on the Plan. (See plan examples 3, 14, 16 and 24.)

Landgate will make plans that have notifications on them ‘In Order for Dealings’ subject to – (either Sec 165 or Sec 70A)’. By noting these Sections of the Acts on the Plan and Landgate monitoring them, WAPC and other agencies will clear Plans prior to instruments being lodged. An instrument creating the notification must be lodged at the time of application for Titles; otherwise dealings will be stopped and requisitioned.

Where land that is to vest in the Crown under section 152 of the P & D Act the appropriate Lands Regional Manager at the Department of Planning, Lands and Heritage  should be consulted before applying a notification to that land.

27.3 Water Services Licensing Act 1995

Provisions in the above Act allow the Minister to make a Transfer Order that transfers the assets of a Statutory Asset Owner to a Transferee.  “Assets” as defined in Section 46A of the above Act means any works, or any other thing used or intended to be used for the provision of irrigation or drainage services that:

- is the property of a statutory asset owner; and

- is upon, in, over or under land that is not the property of the statutory asset owner.

28 The Use of Restrictive Covenants/ Covenants to Control Access to Roads

If access is to be restricted onto a road as a condition of subdivision by local government or a public authority, a restrictive covenant in gross should be used- either section 129BA of the TLA (Restrictive Covenants) or section 150 of the P&D Act (Covenants).

The defined boundary portion affected by the covenant is to be labelled (usually a capital letter) and the direction between the points is to shown by arrows. Enlargements should be used where necessary (with the labels added) to clarify the exact position of corners relating to the restricted boundary portion.

Ambiguous labelling of restrictions is to be avoided. If other components in a Plan (e.g. enlargements, cross-sections or easements) require labelling, different letters of the alphabet should be used.

Surveyors are advised that:

- WAPC may impose a condition under section 150 of the P&D Act that access to and from a portion of land shown on a plan of survey related to the subdivision to a road abutting the portion of land is to be restricted.

Section 150 of the P&D Act does not apply to a “future” road/ road widening or a pedestrian access way.  A restriction on access in these cases can be effected by a restrictive covenant under section 129 BA of the TLA.

- The notation in the comments field of the Interest and Notifications schedule must specify the following “to and from”. For example:

No vehicular access to and from Great Eastern Highway.

- All new lots created from the parent lot on a plan of subdivision are burdened by the restrictive use that was created by the covenant on the parent lot.

28.1 Under Section 129BA of the TLA

Under section 129A of the TLA the registered proprietor (developer) makes an agreement with the local government or public authority to bind himself and all subsequent registered proprietors not to use a defined portion of the land (usually the boundary between the lot and the road reserve as defined by points on the Plan) for purpose of access to the road. A document is lodged, Restrictive Covenant not shown in heading of Plan. See plan example 3.1.

28.2 Under Section 150 of the P&D Act

Similar to above section 129 BA of the TLA- restriction of access is created automatically on the Plan and referred to as a Covenant. the covenant is shown in the heading of the Plan. See plan example 3.2.

Ambiguous labelling of restrictions is to be avoided. If other components in a Plan (e.g. enlargements, cross-sections or easements) require labelling, different letters of the alphabet should be used.

29 Carbon Rights, Carbon Covenants and Tree Plantations

The Carbon Rights Act 2003 and the Tree Plantations Agreements Act 2003, together with consequential amendments to the Transfer of Land Act 1893 were proclaimed on 24 March 2004. These Acts provide statutory recognition of the creation of some new interests in land that will in most cases where an interest affects part of a lot, involve the preparation and lodgement of Deposited Plans and Cadastral Survey Data (CSD) files in accordance with Section 21. These Plans and CSD files are to be lodged by surveyors accredited with the Land Surveyors Licensing Board as being eligible to verify survey documents.

29.1 Carbon Rights Act 2003

The Carbon Rights legislation creates new rights in land that can be registered on the Certificate of Title for that land. These rights can apply to either Freehold or Crown land and will remain on the Title until it is surrendered by agreement.  Where the Carbon Right interest burdens the land in a Title it will be shown as a ‘Primary Interest’ in the Second Schedule of the Title in order of priority.

If the land affected by the Carbon Right is only part of the land in a Title then a Deposited Plan and CSD file of the affected land is required to be lodged to support the Carbon Right Instrument except in the following cases:

- When a narrative description referring to a suitable existing Deposited Plan - for example, ‘as to the portion of land labelled and depicted on Deposited Plan …’, and

- When the affected land is part of the land in a Title but is already defined or can be defined from a compilation of surveys, as a separate severance polygon on the Title and in SmartPlan, in which case an appropriate description will be required - for example ‘as to the portion of land within Certificate of Title Volume … Folio … bounded by …’

There is a need for certainty of description of the area of land affected by a Carbon Right as only one Carbon Right Instrument can be registered over any particular piece of land – carbon rights cannot overlap each other. Land existing as a live polygon or lot on the integrated layer in SmartPlan provides this certainty of description.

Carbon covenants (which may be positive or negative in nature) may also be registered on the Certificate of Title. Where the Carbon Covenant interest benefits the land in a Title it will be shown as a ‘Subsidiary Interest’ to the relevant Carbon Right in the Second Schedule of the Title in order of priority. The Carbon Covenant must be for the benefit of the entire extent of the Carbon Right. Where the Carbon Covenant interest burdens the land in a Title it will be shown as a ‘Primary Interest’ in the Second Schedule of the Title in order of priority. If the Carbon Covenant burdens only part of the land in a Title then a Deposited Plan and CSD file of the affected land is required to be lodged to support the Carbon Covenant Instrument, unless either of the exceptions mentioned above (with respect to Carbon Right instruments) apply.

29.2 Tree Plantation Agreements Act 2003

The Tree Plantation Agreements Act 2003 is complementary to but independent from, the Carbon Rights Act 2003. This Act provides for the creation of a plantation interest as a separate interest in land on registration of a tree plantation agreement on the Certificate of Title.  Where the Plantation Interest burdens the land in a Title it will be shown as a ‘Primary Interest’ in the Second Schedule of the Title in order of priority. Where the Plantation Interest burdens a lessee’s interest in Freehold or Crown land it will be shown as a “Subsidiary Interest’ in the Second Schedule of the Title relevant to the lease. If the Plantation Interest only affects part of the land in the Certificate of Title then a Deposited Plan and CSD file of the affected land is required to be lodged to support the Plantation Interest Instrument, as for Carbon Rights and Carbon Covenants mentioned above.

SPP-16 Digital Data Requirements

Version 1 - 01/08/2018

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

1. Digital Data (replaces SPPM Chapter 16.1)

Digital Data is an electronic record of a survey.

Regulation 3 of the Transfer of Land (Surveys) Regulation 1995 requires that Digital Data must accompany every survey plan and survey-strata plan lodged in Landgate.

The data must be supplied in the format specified by the Inspector of Plans and Surveys.

Such digital information is to be regarded as being part of the Plan for the purpose of certification by the surveyor under the general regulations.

Cadastral Survey Data (CSD) file format version 2.0 is the specified standard for format of digital data. Refer to the Cadastral Survey Data (CSD) User Guide (Survey and Plans Practice Manual Appendix 5) to assist in the compiling of (CSD) files.

2. CSD File Requirements (replaces SPPM Chapter 16.2)
2.1 Polygons on Plan

All polygons on the Plan including Surrounds, Easements and portion only Covenants and Notifications burdening and benefiting land within the Plan are to be included in the file  (A surround polygon is required for a one lot plan). If the subject of the survey is split into 3 sections then 3 surround polygons are required.

2.2 Roads

To ensure roads are depicted correctly in Landgate’s spatial systems, road polygons must be created in CSD files to the full extent of each road name (including truncations) that appears on the Plan.

Roads are to be captured in segments in the digital file; as determined by the connections across the roads shown on the plan.  Each segment must have the correct road name and be fully dimensioned with angles and distances.

Road names must not be abbreviated (e.g. Use ‘John Street’ not ‘John St’). This also applies to the road names in the street addresses attached to lots in the CSD files.

2.3 Distances and Angles

All the distances and angles on Plans, including those that define interests (e.g. easements) or subject to Executive/Survey Registration Minutes, are to be shown as ‘measured’ and to be given attributes of ‘surveyed measured’ for distances and ‘measured’ for angles in the CSD file; even if the field record shows them as calculated from offsets or radiations. That is, the ‘measured’ attribute is to be used for all boundary dimensions on a plan regardless of whether it is directly measured, derived from eccentric measurements or calculated from missing element solutions eg lost corner restoration.

The above also applies to eFB_CSD files complementing SSA Survey Sheets.

2.4 Lot Areas

Lot areas in CSD file to be same as Plan and field record.

2.5 Changes after lodgement

All requested changes to plans of surveys after lodgement will require the lodgement of a new CSD file reflecting the changes. These include:

  • excisions & additions of lots
  • changes to dimensions, angles etc.
  • addition of easements
2.6 Three Dimensional Polygons

Three dimensional polygons do not currently require a vertical component to be captured.

3. CSD File Requirement Examples (replaces SPPM Chapter 16.4)
3.1 Point To Point Capture

As per example below:

  • When Capturing surround polygon use points 1 to 10 inclusive
  • When Capturing lot 33, use points 6, 7, 8,9,11, 12

Point to Point Capture example

Figure 16.1: Point to Point Capture

3.2 Original Dimensions

As per example below:

  • Original boundaries (lines) on Plans have attributes of ‘surveyed’ not ‘unsurveyed’
  • Original angles and distances on Plans have attributes of ‘measured’ not ‘calculated’

Original Dimensions example

Figure 16.2: Original Dimensions

3.3 Easements, Covenants and Notifications

To assist in depicting easements and other spatial interests within Landgate’s spatial systems surveyors are requested to use the following procedures when capturing such polygons in CSD files:

  • All Easement and portion only Covenant and Notification polygons burdening and benefiting land within cadastral lots depicted on a new Deposited Plan are to be captured in a CSD file using the polygon type ‘Easement’ or ‘Easement or Interest’ or ‘Interest’ depending on the version of the application used to create the CSD file.
  • Easement points (e.g. points 7 to 14 inclusive, 13.8.14 in Figure 16-3) must now be intersected on cadastral boundaries when capturing the surround and lots (e.g. lots 500 & 501 on the sketch).
  • The easement points for any new or existing easement must have attributes of ‘surveyed’ and have ‘Point Codes’ (i.e. ‘pnthormethod’ attribute) ‘T’, Traverse Adjustment, in the point records.
  • The lines of all easement polygons (old or new) are to have attributes of ‘surveyed’ and have ‘Line Codes’ (i.e. ‘distderiv’ attribute) ‘M’, Measured.
  • The ‘line type’ attributes used for lines of easement polygons are to be as follows:
    • ’R’, Cadastral Road – where the easement line coincides with a road boundary (e.g. line 7-8 on the sketch).
    • ‘I’, Cadastral Internal – where the easement line coincides with an internal cadastral boundary (e.g. lines 9-10, 11-5, 5-6, 13-5 & 14-6 on the sketch).
    • ‘E’, Easement – where the easement line does not coincide with a cadastral boundary (e.g. line 14-13, 13-12, 12-11, 8-9 & 10-7 on the sketch).
    • The ‘Angle Codes’ (i.e. the ‘angderiv’ attributes) for angles of all easement polygons (old or new) are to have attributes of ‘measured’.
  • Where Deposited Plans are amended following lodgement at Landgate by the addition or deletion of easements, Landgate Officers will apply discretion on whether a replacement CSD file from the surveyor is required.

Easements, Covenants and Notifications example

Figure 16.3: Easements, Covenants and Notifications

3.4 Interest Only Plans

To enable the correct positioning of the easement on the lodged layer, the CSD file must include at least 3 connections (angles and distances) between the easement and the cadastral corners (bends)

Figure 16.4 below illustrates the requirements. The connections 2-8 and 3-6 as well as 1-7 and 4-5 are required.
Interest Only Plans example

Figure 16.4: Interest Only Plans

3.5 Split Surrounds and Lots

Split surround polygons are to be captured as separate polygons linked by a traverse, both being labelled surround and are to be captured as separate polygons using same lot number, except when real world coordinates are used.

Capture Method (see Figure 16-5):

  • Surround using points 1 to 7 inclusive.
  • Traverse in points 3, 8 & 9 (to create a link to the separate polygon).
  • Surround using points 9 to 13 inclusive.
  • Lot 14 using points 1, 2, 3, 4 & 7.
  • Lot 8 using points 4, 5, 6 & 7.
  • Lot 14 using points 9 to 13 inclusive.

Split Surrounds and Lots example

Figure 16.5: Split Surrounds and Lots

3.6 Tie to Existing Cadastral Corner

This allows accurate positioning of the survey.

Capture Method (see Figure 16-6):

  • Surround using points 1 to 4 inclusive.
  • Lot 723 using points 1 to 4 inclusive.
  • Traverse to point 5.

Tie to Existing Cadastral Corner example

Figure 16.6: Tie to Existing Cadastral Corner

3.7 Water Feature (Topographic String)

Where a water boundary is not being defined by survey and it is the lot boundary the Topographic string is not required. Only show a construct line with angles, joining the end points and amend the area to agree with the Plan (being balance area of C/T).

SPP-17 Lodgement Procedures

Version 1 – 13/03/2018

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

1     Manual Lodgement Procedure for Deposited Plans (replaces SPPM Chapter 17.1)

Manual lodgement of Deposited Plans is no longer acceptable. All Deposited Plans must now be lodged electronically. Appendix 6 (APX-06) provides guidelines on the preparation and lodgement of electronic plans.

2     Lot Synchronisation (replaces SPPM Chapter 17.2)

From 1 June 2010, after a successful trial period, Landgate has allowed the lodgement of Deposited Plans and Strata/Survey – Strata Plans using the Lot Synchronisation (Lot Sync) process.

Lot Sync reduces the processing time for the issue of new Certificates of Title.  This is achieved by using earlier lodgement of registration documents, parallel processing and different timing points when examining the Plan and examining the documents.  To provide an opportunity for all developers, Landgate is also including into the process Plans not requiring Western Australian Planning Commission (WAPC) endorsement.

Lot Sync has been initiated by Landgate as part of its commitment to improve the supply and availability of land to market.  It is intended to align Landgate with other agencies, utilities and stakeholders with regard to the registration of new lots.  Using the Lot Sync process to lodge a Plan ensures Certificates of Title will be issued as close as possible to the WAPC endorsement date for the plan of subdivision.

Lot Sync is voluntary and is intended as an alternative method for parties to lodge Plans and documents; it does not replace the current lodgement process.

Lot Sync is only applicable in cases where the documents are lodged before the plan is ‘In Order for Dealings’.

2.1 Lot Sync Business Process

When lodging Plans using Lot Sync, all registration documents (except for the production of the duplicate certificate of title) must be lodged within 10 working days after the Plan is lodged.  The duplicate certificate of title must be produced prior to the Plan being placed ‘In Order for Dealings’.

If there is any non-compliance with the rules the Plan will not be examined using Lot Sync and the documents will not be examined until the Plan is ‘In Order for Dealings’.

2.2 Lot Sync Rules

2.2.1 Lodgement of Plans

  • “Lot Sync” must be ticked on the NLR-P Lodge Plan Information screen

Lodge Plan Information

  • For Strata Plans, all relevant and available forms must also be submitted at Plan lodgement.

2.2.2 Lodgement of Registration Documents

  • All required registration documents, including the Application for Title, to complete the issue of titles by the Registrar must be lodged at Landgate within 10 working days of the Plan lodgement.
  • A signed letter of acknowledgement for the document registration date must also be submitted by the lodging party. (See section 2.5 Change of Date Letter Template below.)
2.3 Costs
  • The normal lodgement fees for both Plans and registration documents will be applied.
  • Any Plan and registration document errors will be subject to the regulated requisition fees.
2.4 Subdivisional Plan– Lot Sync Process

Subdivisional Plan - Lot Sync Process

2.5 Change of Date Letter Template

Landgate

Midland Square

Midland

I ……………………………………… am the (Solicitor/Settlement Agent) for the applicant. I have authority to make and to authorise on behalf of such persons the following amendment.

I acknowledge that the registration date for the documents necessary to issue Certificates of Title and any following documents for DP ………………….. will be altered to concur with the yet to be established ‘In Order for Dealings’ date of the said Deposited Plan.

_______________________________________

Signed

_______________________________________

Position

_________________________

Date

3     Electronic Lodgement of Deposited Plans (replaces SPPM Chapter 17.3)

ePlans prepared in accordance with the guidelines at Appendix 6 (APX-06) must be lodged in NLR-P.

4     Electronic Lodgement of Field books (replaces SPPM Chapter 17.4)

Surveyors must lodge field records at Landgate electronically in NLR-P in accordance with the guidelines at Appendix 6 (APX-06).

Surveyors are advised that Deposited Plans lodged with Landgate that require a field book will not be examined until the field book has also been lodged.  Plans without the necessary field book(s) will lose priority and be given a status of “Stopped”.

5     Two-year Certificate (replaces SPPM Chapter 17.5)

Where a Plan is not lodged within two years from the time of ground marking then a ‘Two Year Certificate’ is required (see regulation 53A of the Licensed Surveyors (General Surveying Practice) Regulations 1961) to certify that the survey has been inspected and that all marks have been verified.

The letter should be addressed to the Inspector of Plans and Surveys and accompany the Plan when it is lodged.

6 Countersigned Certificate (replaces SPPM Chapter 17.6)

Where a certifying surveyor is not eligible to verify Plans, the Plans must be countersigned by an ‘Eligible Surveyor’ before they can be lodged. The Certificate to be shown on the Plan is included at Plan Practices Section 12. See plan example 49.

7    Crown Survey/Drafting Contract (replaces SPPM Chapter 17.7)

The flowchart below (Figure 1) details the Crown Survey/Drafting contract process from the planning stage through the issue of the contract, lodgement, registration and the examination/validation process.

The survey/drafting contract is issued giving instructions as to the locality of, and the requirements for survey, as well as details for graphic presentation. Another form listing ‘Crown Drafting requirements’ and ‘Additional Notes’ is also provided with the instructions.

Surveyors are requested to notify the Central Issuing Office (Survey Coordination), Land Use Management, Department of Planning, Lands and Heritage, if they are unable to comply with the completion date shown on the Face Sheet.

A Plan Approval Requirements Sheet/Ministerial Order Sheet will be issued with each contract. This sheet will list consents required for the removal of constraints to Plan approval along with Ministerial Orders for the disposal of subject lands.

Any subsequent contact with Landgate, with regard to further direction for the survey or preparation of the graphic, should be the subject of the surveyor’s report, detailed on the Survey/Drafting Instructions.

Surveyors should address any land management issues affecting the survey and consult with Central Issuing Office (Survey Coordination), Land Use Management, Department of Planning, Lands and Heritage, if necessary.

Regional Manager

Responsible for land management issues, application approvals and survey recommendations

  1. CENTRAL ISSUING OFFICE (CIO) - Survey Co-ordinator

    1.         Ascertains client and Departmental requirements

    2.         Researches survey requirements

    3.         Lists graphic requirements

    4.         Generic lot number 0 range allocated

    5.         Ascertains legal constraints to plan approval

    6.         Issues Survey/Drafting contract

    7.         Updates PROMPT

  2. SURVEY FIRM (CONTRACTOR)

    1.         Effects survey and liaises to resolve any anomalies

    (including land management issues)

    2.         Organises drafting whether “in house” or to private drafting firm

    3.         Surveyor validates survey, graphic and digital data

    4.         Surveyor signs certificate(s) on plan

    5.         Field book, plan, digital data, survey report form, Surveyor’s self-assessment                   lodgement form, survey information and account lodged with CIO, DPLH. Electronic             field books (EFB) to be lodged directly with Landgate. See Appendix 6.

  3. CENTRAL ISSUING OFFICE (CIO) - Survey Co-ordinator

    1.  Ensures information received satisfies contract requirements

    2.         Submits field book to Landgate for lodgement

    3.         Validates and authorizes payment of account

    4.         Updates PROMPT

    5.         Pay lodgement fees

    6.         Sends copy of lodgement receipt and clearances to WAPC.

    7.         Forwards case for processing

  4. LANDGATE

1.         Authorises Plan lodgement and registration

2.         Examinations plan

3.         Validates Certification Requirements Sheet

4.         Requisition for errors (where necessary – plan stopped)

5.         Drafting amendments by contractor (when necessary)

6.         Plan certified ‘In order for dealings’

Figure 1: Crown Survey/Drafting Contract Process

8 Search Information (replaces SPPM Chapter 17.8)

A complete search for a Crown survey/drafting contract shall include the following:

  • Extract from Spatial Viewer and print of Public Plan if necessary;
  • All Survey Index Plans (including imperial Key Sheets if applicable);
  • All survey plans (including their Title Blocks) and relevant titles;
  • Field notes, and
  • Any other relevant data and its source e.g. Geographic Names.

Upon lodgement, the survey information must comprise a clearly indexed copy of the SIP along with sequential copies of Plans and field notes. This search is essential for the examination/validation process and poor quality information may be subject to a requisition. Survey information will be returned if requested.

9 Lodgement of Crown Plans (replaces SPPM Chapter 17.9)

On completion of a Crown survey/drafting contract, the surveyor (or agent) presents the following to the Survey Coordinator, CIO, State Land Services.

  • Field book (Electronic Field Books lodged directly with Landgate).
  • Survey Plan (ePlan for lodging at Landgate).
  • Digital Data - separate file for each Plan with the file name noted in pencil on the Plan, in CSD format on a CD-ROM.
  • Full search information.
  • Account or copy of account (as applicable).

The Survey Co-ordinator:

  • Assesses the returned information for compliance with contractual requirements
  • Verifies surveyor’s certification of the Plan and field book and Eligible Licensed Surveyor certification, if applicable.
  • Lodges the field book with Landgate.
  • Obtains CIO file.
  • Authorises payment of account.
  • Forwards the contract ‘case’ to Landgate for Plan lodgement and examination/validation. Pays plan lodgement fee.

SPP-21 Subdivision and Project Management Issues

Version 1 – 28/06/2018

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

1     Compiled Plans (replaces SPPM Chapter 21.1)

See General Drafting Practices Section 43.

2   Subdivision Processes (replaces SPPM Chapter 21.2)

The Land Surveyors Licensing Board has approved guidelines for surveys and Plans for all new developments involving more than 10 serviced lots where new roads are created.  The Guidelines are referred to as Survey Practice Guidelines for Subdivisions within Special Survey Areas (SSA guidelines). These Guidelines apply to Crown, Freehold and Survey-Strata developments and can be accessed on the Board website at http://www.lslb.wa.gov.au.

There are two different processes of land development that can be used for Crown and Freehold subdivisions. One is known as the ‘Special Survey Area’ (SSA) process and the other is known as the ’Normal’ process.

The SSA process allows for a Plan based on calculated dimensions to be lodged at Landgate before any lot corners have been marked.

The Normal process requires full marking (including referencing in accordance with the regulations) of the survey prior to lodgement of the Plan at Landgate. The normal process would usually be used only for small urban developments and rural subdivisions.  Where marks are likely to be destroyed by site works, road construction or servicing the SSA process should be used.

Landgate will not accept Plans based on calculated dimensions unless the SSA guidelines have been complied with or approval for a special survey from the Inspector of Plans and Surveys or an authorised land officer.

Table 20.1: Comparison between the SSA Process and the Normal Process.

Special Survey Area

Normal

Surround survey required

Re-establishment of only relevant alignments in accordance with the regulations

Control Survey/s related to surround survey required

Control survey optional

Connections to geodetic network required

Connections to geodetic network required in accordance with General Regulation 22A

Plan lodged at Landgate. Full marking after site works and lot services installed. The ‘Deferred Final Marking’ option can be used for bonded developments *

Full marking required before Plan lodgement at Landgate (reference marks must be safe from disturbance). Limited marking or deferred referencing options are available*

Lot detail not required in field book

Full lot detail and referencing required in field book

Non-standard marking included on Survey Sheet/s added to Plan

Non-standard marking included on Plan prior to lodgement

Plan ‘Survey Sheets’ and eFB required following final control survey and marking

Final pegging and referencing if approval to defer referencing was granted *

Release consent required for Landgate to release Plan to WAPC**

Release consent required for Landgate to release Plan to WAPC

FSC, Survey Sheet(s), eFB and WAPC approval required before Plan placed In Order for Dealings (IOFD)**

WAPC approval required before Plan placed In Order for Dealings (IOFD)

* Regulation 26A approval from the IPS for limited or deferred marking/referencing required before Plan lodged at Landgate.

**Where the Deferred Final Marking option is used then Plan sent to WAPC on release consent and Plan placed IOFD following WAPC approval and receipt of ISC.

Refer to the appropriate Plan examples in Appendix 4 to indicate what information is to be depicted on such Plans.

3     Crown Subdivisions (replaces SPPM Chapter 21.3)

Legislation governing the various aspects of Crown subdivisional survey includes:

  • Subdivision and development of Crown land under section 27 of the LAA.
  • Reservation of land parcels under section 41 of the LAA.
  • Management, leasing, etc. of reserves under section 46 of the LAA.
  • Redescription/Cancellation of ‘A’ Class reserves (excluding Conservation Parks, National Parks and ‘A’ Class nature reserves) via a Ministerial Order. Conservation Parks, National Parks and ‘A’ Class nature reserves still require a Reserves Bill.
  • Redescription/Cancellation of other than ‘A’ Class reserves under section 51 of the LAA.
  • Amendment of townsite boundary under section 26 of the LAA.
  • Revestment of land - Freehold land acquired by the Crown, whether by transfer or acquisition (taking) or pursuant to other provisions such as those in the Local Government Act 1995 relating to forfeiture of land for non-payment of rates may be revested in the Crown under section 82 of the LAA (see section 243 of the TLA also).

If the previous tenure is Unallocated Crown Land (UCL) no Crown Land Title (CLT) would exist for the subject land.  If the previous tenure of the subject land has a PI (parcel identifier), a Title will have been created.

Land that is to be transferred and revested from a Crown Grant in Trust or any other Freehold land cannot be amalgamated with adjoining Crown land under a single PI unless the status of the two parcels of land is the same. Revested Freehold land automatically assumes the status of a CLT, therefore the adjoining Crown land to attain CLT status must undergo a process where all the interests are declared by way of a Statutory Declaration by the controlling authority and any other interest holders.

See also Specific Plan Purpose Section 11for a specific type of crown subdivision.

4     Balance Lots and Project Management (replaces SPPM Chapter 21.4)

Regulation 5 of the Transfer of Land (Surveys) Regulations 1995 requires surveyors to include in Plans of subdivision, acquisition and amalgamation (this includes amalgamations of Crown land with Freehold land) any residue land from the original certificate of title as a separate balance lot or lots. (See General Drafting Practices Section 15.) Where a road has an existing lot number and a portion is to be closed, a balance lot must be created showing any existing interests carried forward. The heading is to include ‘and Dedicated Roads (Lot 300)’.

If the boundaries of the residue are extensive the Registrar of Titles, Inspector of Plans and Surveys or an Authorised Land Officer may allow the part of the Plan showing the residue to be compiled and the distances, angles or bearings (where applicable) for the boundaries, easements or covenants to be omitted.

The Registrar of Titles or an Authorised Land Officer may direct that this Regulation does not apply to a particular Plan (or specific types of Plan) of Crown land.  Such situations will most likely occur where Pastoral leases, State Forests and large reserves are involved.  To meet the requirements of this Regulation it may be necessary to use several sheets for a single Plan. (See General Drafting Practices Sections 4 and 5.)

Surveyors will need to consult with the developer (or project manager) to ensure the balance lot or lots are consistent with the proposed land release strategies.. Where a series of Plans are lodged simultaneously, the first Plan should show balance lots that contain the land included in subsequent Plans.  The ‘Former Tenure Table’ on the subsequent Plans would refer to the lots being created on the first Plan.

To avoid planning and valuation problems, surveyors must identify any balance lots that are not to receive servicing facilities with a lot number in the 9000 number range.  Any “super lots” that are the subject of future stages in the subdivision can be identified using the 9500 number series.

If an existing Certificate of Title contains multiple lots and only one of the lots is being subdivided it is necessary for the new Plan of subdivision to show all the land in the Title.  It may suit some developments to separate the lots into several titles, including new multi-lot titles, prior to subdivision.

4.1 Stage Merging and Minimising Balance Lots (replaces SPPM Chapter 21.4.1)

Where there is a high level of activity in large urban subdivisions, Landgate experiences difficulties with downstream processes such as Electronic Advice of Sale where numerous stages of subdivisions are being dealt on simultaneously.

To avoid these problems occurring and any potential delays in Titles being issued surveyors should, where they are aware that stages of a subdivision are likely to be dealt on (ie. applications for new Titles made) simultaneously, consider merging the stages into a single Deposited Plan prior to lodging at Landgate.

It would also be helpful if surveyors could minimise the Plan surrounds of large subdivisions by creating manageable and logical balance lots by using ‘super lots’ for proposed stages. This would result in reduced Plan sizes and examination timeframes and therefore provide quicker processing of these developments.

4.2 Stage Jumping (replaces SPPM Chapter 21.4.2)

Where a Plan for a stage in a subdivision is delayed and a Plan that was intended to be a subsequent stage is to be dealt on first, subject to WAPC approval, the Deposited Plans may be replaced to allow the dealings to proceed. Replacement plans will often involve changing the Plan heading, the balance lot details and the former tenure information. New CSD files for the Plans are also required, and the statutory fees for replacement plans apply.

4.3 Applications for Balance Titles (replaces SPPM Chapter 21.5)

New subdivisions must comprise all of the land in the parent Certificate of Title and not leave any residue or part lots. (Refer Plan Approval Requirement section 4.)  Upon lodgement of an application for new Certificates of Title the subject of a DP, a new  Title will also automatically be created for the balance lot, along with the other lots on the DP.

There were many existing paper (manual) Titles that did not refer directly to a whole lot on a Plan and as such Landgate undertook a progressive capture of the graphics for those Titles.  Many of these have be reflected on a ‘Conversion’ Deposited Plan. Landgate no longer creates such conversion plans.

Should an owner apply for a balance Title over land still held on an existing paper (manual) Title and requires an urgent response from Landgate, it must be supported by:

  • A conversion Deposited Plan certified by a licensed surveyor reflecting the balance of the land as a whole new lot.
  • Interests to be brought forward onto the Plan.
  • CSD file to be lodged with the Plan.

There is no requirement for WAPC approval and no Landgate plan lodgement fee will apply.

5 Multiple Owner Subdivisions (replaces SPPM Chapter 21.6)

The repealing of regulation 44 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 has allowed for Plans to show land in multiple ownership without the need for conveyancing action to bring the land into single ownership.

Plans involving multiple owners will require all the relevant transfer documents and consents pertaining to encumbrances to be lodged before the Plan is approved.  New Titles will be issued in accordance with a single application (signed by all the affected owners).

The Transfer of Land Act 1893 allows for disposition statements to enable clarity in the allocation of encumbrances in land transfers.

6 Land Acquisitions (replaces SPPM Chapter 21.7)

See General Drafting Practices Section 17.

7     Crown Land Amalgamations (replaces SPPM Chapter 21.8)

See section 2 of Chapter 11 (Specific Plan Purposes) of the Survey and Plan Practice Manual.

8 Isolated Crown Surveys (replaces SPPM Chapter 21.9)

The Registrar of Titles or an Authorised Land Officer may authorise for an isolated Crown parcel to be shown on a Plan without the residue land (see General Drafting Practices Section 15) being shown on the Plan.

Plans of isolated parcels that are not connected to the State Geodetic Network must show bearings and an azimuth source. See General Drafting Practices Section 29 and plan example 65.

9 Lot Number Duplication (replaces SPPM Chapter 21.10)

It is important that lot numbers allocated to new lots created by a survey are not duplicated with an existing lot number in the same vicinity which can cause confusion as to which lot is being referred to:

  • To eliminate the risk of a mistake in any dealing (by eliminating ambiguity) there must be no duplication between any of the lot numbers created on the Plan, the parent lots, any part lots remaining and any lots abutting the Plan
  • In rural areas (or any other areas where the lot numbers may be used as street addresses) there should be no duplication of lot numbers in the same street or road within the same locality
  • In urban areas, lot numbers are often used as the street addresses during house construction so the surveyor should avoid duplication of lot numbers in the same street within the same suburb.
10 Easement and Covenant Documents (replaces SPPM Chapter 21.11)

Problems arise where there are inconsistencies between Deposited Plans and documents subsequently lodged for easements and covenants under Part IVA of the Transfer of Land Act 1893. Surveyors need to consult closely with their clients’ solicitor/conveyancer to ensure that the depiction of easements and covenants on Plans is consistent with the supporting documents that are to be lodged.

11 The Use of Restrictive Covenants/ Covenants to Control Access to Roads (replaces SPPM Chapter 21.12)

See Easements, Covenants, Notifications and Other Interests Section 27.

12 Field Records Lodged for Subdivisions that Do Not Proceed (replaces SPPM Chapter 21.13)

Occasionally surveyors lodge field records for surveys of subdivisions that for some reason do not proceed and no Plan is ever lodged at Landgate.  In this situation, the field record would never get cross-indexed onto the Survey Index Plan without manual intervention.  If the index page of the field book indicates a ‘Subdivision’ is proposed Landgate will expect a Plan to follow the field book to trigger the cross-indexing.

If this situation arises (or has even occurred in the past) surveyors should contact Survey Inspection at Landgate on +61 (0)8 9273 7423 and request the field record be cross-indexed onto the SIP View.

If for some reason a subdivision does not proceed and a field book has been prepared, surveyors are encouraged to still lodge the book at Landgate but strike through the word ‘Subdivision’ and add the words ‘Spike Protection’ or ‘Repeg’.  This will ensure the field book is cross-indexed in this instance.

13 Gas Pipelines and New Subdivisions (replaces SPPM Chapter 21.14)

Western Australia has several high pressure gas transmission pipelines servicing the metropolitan area and south west of the State. The pipelines have separate and different legislative requirements that will affect the production of Plans of subdivision lodged at Landgate.

The two major ones for which special conditions may exist are as follows:

  1. Dampier to Bunbury Natural Gas PipelineThe DBNGP corridor was established after the sale of the pipeline in 1998 and incorporated most of the previous gas pipeline easements held in the name of SECWA, Alinta Gas or the Gas Corporation.  The Dampier to Bunbury Pipeline Act 1997 regulates the use of land within the DBNGP corridor and is relatively restrictive in its requirements.The Infrastructure Corridors section in the Department of Planning, Lands and Heritage (DPLH) manages the DBNGP corridor and has, with Ministerial endorsement, established a policy of not creating additional easements or interests over land in the corridor.  In terms of Plan production, this means it is highly unlikely a Plan presented showing an easement over the DBNGP corridor would be approved or any subsequent endorsement on the Title registered.  Plans that impact on the DBNGP corridor land should show a gap in the easement, or right of carriageway, where they cross the DBNGP corridor.  To facilitate legal access to that portion of land held in the DBNGP corridor the consent of the Minister is usually required.For further information on the requirements in relation to access, easements or the creation of interests in the DBNGP corridor, contact should be made with the Infrastructure Corridors section at DPLH via e-mail: infrastructure.corridors@lands.wa.gov.au.
  2. Parmelia Pipeline

The Parmelia Pipeline (Formerly the WANG or Dongara to Pinjarra Pipeline) is a privately owned gas transmission pipeline.  Its current owners, APA, operate the pipeline within an easement registered on the applicable Titles.

It is therefore important that when preparing Plans of subdivision that have roads going over the pipeline easement, the effect of which would be to extinguish the easement, that early contact be made with APA to provide for future secure tenure for the gas pipeline and/or associated facilities as a replacement for the easement.

For further information, please contact APA directly (See https://www.apa.com.au/contact).

APX-05 Digital Data Format Specification Version 2.0

Version 4 – 12/06/2019

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

Digital File Lodgement Requirements

This user guide is intended as an aid for surveyors when creating CSD files for lodgement with Landgate.

Click on the link to view the PDF document

APX-06 Survey Practice Guidelines for the Preparation and Electronic Lodgement of Plans and Field Records

Version 1 – 13/03/2018

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

These Guidelines are issued by the Inspector of Plans and Surveys and for the purposes of Regulation 5 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 they are to be regarded as ‘special directions’.  The Land Surveyors Licensing Board and executive members of the survey industry have been consulted in the preparation of these guidelines and for the purposes of Regulation 10 of the Transfer of Land (Surveys) Regulations 1995 they have been approved by the Registrar of Titles.

1     General
1.1 Lodging Deposited/Survey-Strata Plans and Field Records Electronically

These Guidelines specify the approved practices for lodging Deposited/Survey-Strata/Strata Plans (Plans) and Field Records electronically at Landgate.  For the purposes of these Guidelines Plans lodged electronically are referred to as ePlans.

1.2 Electronic Lodgement is Compulsory

Electronic lodgement is compulsory for all field records, Deposited, Survey-Strata and Strata Plans.

1.3 Digital Signatures

Surveyors must have access to Adobe Acrobat or other suitable software to digitally certify ePlans and be registered with Landgate as a surveyor approved to lodge Plans electronically.  To become registered, the surveyor’s ‘User Certificate’ must be exported and forwarded to Landgate as a P7C file via email addressed to PlanReg@landgate.wa.gov.au. Landgate will use this certificate to verify the digital signature on the Plans signed by that surveyor.  Landgate will contact the surveyor in the first instance to confirm the Certificate details.

2     Approved ePlan Format
2.1 Pre-allocated Plan Numbers

Surveyors must obtain a pre-allocated Plan number prior to lodgement (refer to Chapter 9.2 of the Survey and Plan practice manual).  The Plan number must be shown on the Plan in the position designated on the Plan form.

2.2 ePlans must be Vector and Text Based

Plans lodged electronically to Landgate must be in a vector and text based Portable Document Format (PDF) file.  PDF files based on images are not acceptable.

Multi-sheet plans are to be included in a single PDF file with the sheets in numerical order.  All sheets are to be orientated upright in landscape view.

2.3 Drafting within an ePlan

The standard of drafting must comply with the requirements within the Survey and Plan Practice Manual.

2.4 CSD File

ePlans must be accompanied by a CSD file in accordance with Landgate’s requirements.

3 Plan Templates and Digital Signatures
3.1 The ePlan Kit

The ePlan Kit includes drafting templates for Deposited/Survey-Strata/Strata Plans lodged electronically to Landgate

3.2 Surveyor to Digitally Sign ePlans

The surveyor must digitally sign the Regulation 54 certificate or the ‘Compiled’ certificate using Adobe Acrobat ‘Self Sign Security’ prior to lodging an ePlan.  The digital signature should include a scanned image of the surveyor’s usual signature.

3.3 Digital Signatures

For multi-sheet ePlans, each sheet, including SSA survey sheets, must contain the surveyor’s digital signature.  The procedure for digitally signing a multi-sheet ePlan will vary depending on the version of Adobe Acrobat used.

3.4 An e Plan must not be Encrypted at the time of Lodgement
3.5 Backup Copies

Surveyors must retain a backup copy of their digital signature profile file and must be able to recall the password used to create the profile.  Surveyors must ensure adequate measures are taken to protect the security of their digital signatures.

4 Lodgement Process for ePlans and Field Records
4.1 Electronic Lodgement via NLR-Plan

All ePlans and Field Records are to be lodged in NLR-Plan as accessed from My Landgate Survey Channel.

Survey channel and NLR screens

Where the original plan was lodged through ePlan Lodgement, an amendment/replacement/additional must be emailed to PlanReg@landgate.wa.gov.au in accordance with the following instructions:

4.1.1 DPLH Survey Instructions, Release Consent, Evidence of DPLH Advice, Road Name Approval, CSD Files, Road Name Approval – Exemption, Two Year Certificate, Initial Survey Certificate, WAPC Exemption (Sec. 6 P&D Act)

Email subject line to be formatted as follows:

“Additionals for DP[plan number] V[version number] – DPLH Survey Instruction”

“Additionals for DP[plan number] V[version number] – Release Consent”

“Additionals for DP[plan number] V[version number] – DPLH Advice”

“Additionals for DP[plan number] V[version number] – Road Name Approval”

“Additionals for DP[plan number] V[version number] – CSD file”

“Additionals for DP[plan number] V[version number] – Road Name Exemption”

“Additionals for SP[plan number]-[stage number] V[version number]  - Road Name Exemption”

“Additionals for DP[plan number] V[version number] – Two Year Certificate”

“Additionals for DP[plan number] V[version number] – ISC”

“Additionals for DP[plan number] V[version number] – WAPC Exemption Sec 6 PDA”

e.g. Additionals for DP403268 V2 – DPLH Survey Instruction

Additionals for SP76582-2 V3 – Two Year Certificate

4.1.2 Survey Sheet

Email subject line:

“Additionals for DP[plan number] V[version number] – Survey Sheet”

e.g. Additionals for DP403268 V2 – Survey Sheet

4.1.3 Additionals for Strata Plans Form 26, Form 3, Form 18, Form 35, Form 36, Form 38, Form 6, Form, BA12, Form BA

Email subject line:

“Additionals for SP[plan number]-[stage number] V[version number]  - Form 26”

“Additionals for SP[plan number]-[stage number] V[version number] - Form 3”

Etc.

e.g. Additionals for SP76582-2 V3 – Form 26

The subject line must include each of the purposes where more than one purpose is relevant eg additional and urgent request.

5 Approved Field Record Format

Surveyors must obtain a pre-allocated field record number from Landgate prior to lodgement (refer to Chapter 9.2).  This number must be shown on the first page of the field record.

Field records lodged electronically to Landgate must be in an A4 page size Portable Document Format (PDF) file that is of a high standard of legibility.  Vector graphics or text (converted to PDF) may be included. Landgate will reject a field record if the image quality is not of an adequate standard for clear legibility or the page sizes do not match with A4.

Multi-page field records are to be included in a single PDF file with the pages in numerical order.  All pages are to be orientated upright in landscape view.

PDF files must not be encrypted at the time of lodgement.

Surveyors may include any relevant information in a field record that describes the survey.  Pages created in CAD applications, pages or tables created in word processing or spreadsheets applications can all be converted to PDF and included where appropriate provided the pages do not exceed A4 size.

The PDF file must not exceed 10MB.

6 Surveyor’s Certificate on Field Records

Field records lodged electronically to Landgate must have the regulation 17(1) certificate signed by the surveyor as part of the scanned image or as a digital certificate in the PDF file.  The digital signature should include a scanned image of the surveyor’s usual signature.

7 Lodgement Process for Field Records

Field records must be lodged electronically via NLR-P.  The filename is to include the prefix “fb” (in lowercase) followed by the pre-allocated field record number and then the “.pdf” extension e.g. fb90000.pdf.

8 Retention of Records

The Electronic Transactions Act 2003 (the Act) has strict requirements concerning the retention of records, especially for the ‘First Party’ to a transaction. Surveyors who lodge ePlans must ensure that they retain their copies of the documents such that they can be readily retrieved if necessary.  Surveyors should also retain copies of any email/s related to the lodgement of ePlans. The Act allows for these records to be retained in electronic form if desired.

APX-08 Reference for Interests and Notifications box as depicted on Plans

Version 1 – 16/05/2018

This guide is intended as general information only. If you are uncertain of your rights or interests, please seek professional legal advice. Landgate staff are not able to give legal advice or to draft your documents. Please read our Terms of Use above.

1     Easements, Covenants, Memorials & Other Interests

Click on the link to read more

2     Vestings, Notifications & Memorials

Click on the link to read more

3 Note

The reference for Interests and Notifications Box as Depicted on Plans has been updated to include new information.  As a result:

  • All information pertaining to Easements, Covenants, Memorials and Other Interests is found in the first table;

and

  • All information pertaining to Vestings, Notifications and Memorials is found in the second table

To assist in identifying all the interests on a Plan, surveyors are to show the details in a ‘schedule of interests and notifications’. The schedule is to contain one or both types of dividing lines: the “full line” and the “dotted line”.

EASEMENTS, COVENANTS, MEMORIALS & OTHER INTERESTS

All interests and notifications being brought forward are to be listed in chronological order on registration date above ‘the full line’.

All new interests and notifications are to be shown below ‘the full line’ and above the ‘dotted line’ together with any interests being modified.

VESTINGS, NOTIFICATIONS & MEMORIALS

All new vestings and notifications are to be listed chronologically below the dotted line.

Please note that the dotted lines in each table are there to help you distinguish between the different Interests and Notifications and are not intended to be on Plans.

Survey and Plan Practice Manual

The contents of the Practice Manual below will be incrementally migrated into the above Policy and Procedure Guides.

Manual Size Format Updated
Survey and Plan practice manual 1.7MB PDF Feb 2019

This page was last updated on: 10 Feb 2020