Survey and Plan policy and procedure guides

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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

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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:

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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.

Version 1 - 20/03/2018

1 Abbreviations

2 Terms

Version 1 – 19/07/2018

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 Relevant Legislation and Directions

This manual covers information related to surveys and plans prepared under the Transfer of Land Act 1893 (TLA) and the Land Administration Act 1997 (LAA) and associated regulations

Surveys and plans prepared for purposes of the Strata Titles Act 1985 are covered by a separate publication - the Strata Titles Practice Manual.

2 New Land Registry Titling System

Landgate implemented a New Land Registry (NLR) Titling System in 2016 that replaced the previous SmartRegister system.

NLR provides for electronic transactions in a web-based application.

All the principles and provisions of the Transfer of Land Act 1893 apply to land transactions in NLR.

More information about NLR and land transactions can be found in the Land Titles Registration policy and procedure guides on the Landgate web site.

3 Land Administration Act 1997

The Land Administration Act 1997 (LAA) modernised Crown land administration in Western Australia. The legislation introduced new practices and policies for the release and protection of the Crown estate facilitating the development of a unique Crown land tenure system supported by a document registration process.  Established conveyancing procedures used for freehold land have been applied to Crown land.

The result is a Single Registration System, which simplifies and streamlines many processes relating to the Crown estate.  Once the system is fully established a title will be created for all land parcels in the State. This will result in a consolidated register of all Crown and Freehold tenure and interests.

In modernising Crown land administration, relevant Acts relating to the administration of Crown land have been incorporated into the LAA.

The LAA amalgamated:

• provisions in the Land Act 1933 still appropriate for present day requirements,
• sections of the Local Government (Miscellaneous Provisions) Act 1960 dealing with roads, and
• those parts of the Land Acquisition and Public Works Act 1902 dealing with the taking of land for a public work and subsequent leasing, disposal and compensation.

Land-related provisions in the Land Acquisition and Public Works Act 1902 were removed from that Act and placed in the LAA.  There were no changes to the basic principles of road dedications/closures, resumptions and compensation.

The Acts Amendment and Repeal (Native Title) Act 1995 amended the Public Works Act 1902 to enable native title interests to be compulsorily acquired, prior to affected areas of Crown land being dealt with (whether used for a public work, or reserved, leased or granted in freehold).

4 Single Registration System

A major outcome of the Land Administration Act 1997 (LAA) is a single registration system for both Crown and Freehold land in Western Australia.

The LAA resulted in extensive consequential amendments to the Transfer of Land Act 1893 (TLA).

Certificates of Crown Land Title (CLT) and Qualified Certificates of Crown Land Title (QCLT) are created under the LAA for each parcel of Crown land and are issued in the name of the State of Western Australia. Suitable graphics are required to produce these titles.

All dealings, interests, rights and powers affecting Crown land must be lodged with the Registrar of Titles and registered against these CLTs under the TLA to be effective.  This reflects the same principles as Freehold land. Crown land records produced since 1989 under the Single Recording System automatically became QCLTs under the LAA and are systematically validated and upgraded to a CLT.

Under the LAA, all interests and other dealings relating to Crown land must be registered at Landgate.  This provides customers with the ability to search such dealings in a similar manner as Freehold land.

Crown Grants are no longer issued.  Freehold status is given by way of a transfer document registered under the TLA.  A Freehold Certificate of Title for that parcel of land is created and registered under the TLA.

There was a transitional period provided in the LAA in which all existing transactions affecting Crown land had to be lodged and registered under the TLA.  At the end of this 5 year period, any transactions or interests entered into prior to the commencement of the LAA, that are not yet registered, will still be valid, but such transactions or interests lose priority and are void against any prior registered interest.

It is proposed that Landgate will work towards obtaining certainty of title for all interests in Crown land.  CLTs will be indefeasible and guaranteed as to the transactions and interests registered on CLTs in the same way as Certificates of Title for Freehold land.

The Plan Approval process is identical to that for Freehold Plans.

Unlike Freehold land, many interests registered on Crown land remain subject to survey.

5 Changes Introduced by the LAA

The most significant changes introduced by the Land Administration Act 1997 (LAA) were:

1. Administrative responsibilities of the Governor devolved to the Minister for Lands.
2. Executive Council/Gazettal was replaced by registration of Ministerial Orders – gazettal is for information purposes only and is to be phased out.
3. Crown Land Records were replaced by Crown Land Titles created under the Land Administration Act and registered under the TLA
4. All transactions in Crown land registered against a CLT to be effectual.
5. Warnings that there may be a hazard likely to affect land on CLTs.
6. There are no Crown Grants.  Freehold status is made by way of a transfer document.
7. Plan approval effectual at time of document registration.
8. Plans of subdivision (sales) require WA Planning Commission approval.
9. Road closure and dedication provisions were removed from the Local Government Act and placed in the LAA (sections 56 and 58).
10. The definition of Crown Land was widened to mean all land other than Freehold land, and include land within the limits of the State that form the airspace, seabed and subsoil of coastal waters as defined by the Commonwealth’s Coastal Waters (State Powers) Act 1980.
11. Roads can be created in 3 dimensions. A road can be situated in airspace, over water or under ground/water as a tunnel (section 54).
12. Expanded powers of the Minister for Lands for the disposal of Crown Land.
13. Vesting Orders replaced by Management Orders (section 46).
14. Provisions for the creation of Mall reserves – has the nature of a road but managed as a reserve (section 59).
15. Positive and Restrictive Covenants and Memorials which constitute a charge against land can be registered against Crown Land (section 16).
16. Public access routes can be declared over pastoral leases and Crown land (sections 63-71).
17. Transfer of relevant sections from the Public Works Act 1902 to the LAA.

Version 4 - 12/07/2022

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  My Landgate

My Landgate is Western Australia’s internet gateway to land and property information and has been developed to provide internet access to a range of government data, products and services.  My Landgate’s dedicated Survey Channel includes online map viewing capability and resources most relevant to the survey industry.  My Landgate can be accessed at www.landgate.com.au.  It is only available to registered users.  Please contact Landgate’s Customer Service on 9273 7373 or email customerservice@landgate.wa.gov.au more information and to subscribe to the service.

2  Map Viewer Plus

View and interrogate cadastral information, geodetic survey marks, topographic and other datasets.  This data can then be overlaid with the latest aerial photography using varying levels of transparency, to provide a single image of relevant information.

There is the provision of various search functions including a specific address and lot on plan, and the ability to activate individual layers as required.

Various cadastral survey indexes are available as a layer, including the ability to view and download superseded analogue survey index plans as colour JPEG images.

It is possible to search and enquire on geodetic survey marks, view and download mark details and station summaries, and report missing or damaged marks.

Topographic datasets include road centrelines, major water features and points and lines of interest e.g. airports, railways.

https://www0.landgate.wa.gov.au/maps-and-imagery/interactive-maps/map-viewer

3  Land Enquiry Services

Customers are able to submit a request, on line, utilising Land Enquiry Services to obtain copies of Titles, Crown and Freehold surveys, documents, field books and index plans. Such information will be forwarded by email as a PDF attachment.

https://land-enquiry.app.landgate.wa.gov.au/SVProperty/

4  Dual Numbering of Crown Plans and Diagrams

To enable Freehold Titles that exist over lots/locations depicted on the various types of Crown plans and diagrams to be captured in SmartRegister it was necessary to allocate them a Deposited Plan (DP) number.  The following table indicates the number ranges allocated to each plan or diagram type.

5  Dual Numbering of Crown Plans and Diagrams

To enable Freehold Titles that exist over lots/locations depicted on the various types of Crown plans and diagrams to be captured in SmartRegister it was necessary to allocate them a Deposited Plan (DP) number. The following table indicates the number ranges allocated to each plan or diagram type.

The number ranges allocated to each plan or diagram type:

The new DP numbers can be searched using the ‘Crown Survey Dual Number Lookup’ tool in Land Enquiry Services.

https://land-enquiry.app.landgate.wa.gov.au/SVProperty/plansearch/planNumber

6  Key Sheets

Before the advent of the SIP series, two parallel indices of Crown and Freehold surveys existed. Since all of the historical Crown survey information was not able to be transferred, it is imperative that the Imperial and Metric series of Crown Key Sheets be sighted when searching for survey information.

In some areas there may be several map series covering the one search area e.g. 4, 20, 40, 80 & 300 chain series; named townsite; dual metric survey index plans; and key sheets.  The 4 chain series of Key Sheet should always be checked in the metropolitan area.

Some old townsites are on old LTO Index Plans that are now lodged (recorded) as LTO (Freehold) plan numbers and therefore the register needs to be searched.

The data has been digitally captured and it is available in the Static Historical Information of Land Enquiry Services.

https://catalogue.data.wa.gov.au/group/landgate-historical-land-enquiry-len-information

7  Survey Index Cards (SIC)

The Survey Index Cards (SIC) provide all of the original information on Crown Locations, AA lots, Estates, Town Lots, State Forests and Reserves.  The information provided includes Original Plan (OP) and Diagram numbers, Compilations, Key Sheets and File Numbers.  The data has been digitally captured and it is available in the Static Historical Information of Land Enquiry Services.

https://catalogue.data.wa.gov.au/group/landgate-historical-land-enquiry-len-information

8  Geodetic Data

Landgate provides on-line access to standard survey mark (SSM) and benchmark (BM) coordinate information, metadata and graphical summaries through Map Viewer Plus.

SSM information includes references to field records containing cadastral connections that may not be recorded on the Survey Index.

9  Mining Tenure

Mining tenure and cadastral survey records held by the Department of Mines, Industry Regulation and Safety (DMIRS) should be researched especially if current tenements are involved and the surrender of surface rights is an issue.  This is a requirement for Road Casement Surveys by Limited Marking (See APX-01).

10  Gazettals

Under the Land Administration Act 1997 all actions against Crown land must be registered to be effectual.  This means that where in the past an action was effectual on publication in the Government Gazette, under the LAA it is effectual upon registration of a Ministerial Order - the date of registration being the effective date.

Gazettals/registration of reserves, roads, townsites, etc. may need to be referred to the Department of Planning, Lands and Heritage (DPLH) Survey Coordinator before issue of Crown Survey/Drafting contracts if boundary survey detail is vague or not known.  Any subsequent problems should be referred to Survey Coordination, DPLH.

11  Miscellaneous and Reserve Plans

Landgate produces sketch plans depicting land parcels incorporating unsurveyed boundaries. These plans need to be searched and shown on new Deposited Plans.

Since April 1998 all Crown Plans/Diagrams have used a single numbering system and are now lodged and numbered as deposited plans. (See Dual Numbering of Crown Plans and Diagrams and plan examples 72, 73 and 74).

12  Renovation Plans for Central Business Districts (CBDs)

Historically, street alignments in CBD areas were not clearly defined.  In common with many surveys of the earlier period lot numbers and dimensions were shown while areas and angles were often omitted.  In many instances, the dimensions for lots were indeterminate due to conflicting values or the passage of time that has rendered the information illegible (in some cases there is no field book).

Street Corner Plans (SCP) were introduced in response to a demand for clearly defined property boundaries in areas of very high land values.  These early SCPs were produced on a needs basis for each particular survey and were basically an alignment sketch.

This was a piecemeal approach and Landgate realised that a coordinated effort was necessary, particularly as the State was going through a boom period in construction and also to satisfy user demand.

In 1975, the Inspecting Surveyors introduced a control survey network with all street corners in the CBD of Perth being tied to the geodetic framework.

There was a rigorous identification and re-establishment of all street corners and buildings.  With additional marking this provided an excellent base for subsequent surveys.

All these renovation surveys were performed to high levels of accuracies with surround closes of sections having an upper limit of ± 10 “ angular and 1:75,000 linear.  These accuracies enabled the precise identification of every land parcel within any described section.

All available data was evaluated using the strictest survey examination principles based on strength of alignment, the reliability of marks found, proportioning of excess or deficiency, evaluation of CT dimensions, relevant constraints and variances caused by occupation and the chronological age of sectional surveys.

In 1981, Renovation Plans were introduced and these were a major improvement on the superseded SCPs.

Details shown on Renovation Plans include:

• definition of all land parcels within a described section, depicting original and adopted cadastral values (C/T dimensions shown if they conflict with original values)
• Crown and Freehold lots
• reference to all sources- plans, diagrams, field books, Public Plans, SIPs and C/Ts
• ownership
• building connections (where determined)
• road widths and connections to opposite corners
• connection to renovation control line (Geodetic Network). True azimuths are shown and coordinates are available for the control network.

These plans are the single information source (base) needed for subsequent surveys.

The compilation and maintenance of Renovation Plans ceased in January 1993 with a total of 38 plans being produced for the CBD areas of:

• Perth- 26 (covering 2/3 of Perth CBD)
• West Perth- 7,
• Fremantle- 5.

See APX-07 - Renovation Plan Indexes.

See Appendix 7 - Renovation Plan Indexes.

12.1 Disclaimer

On each Renovation Plan there is a disclaimer stating:

• Maintenance of Renovation Plans ceased January 1993.
• Angles and distances on Renovation Plans to be adopted for compiled plans, excepting where boundary or boundaries have been superseded by subsequent surveys (Post January 1993).
• Renovation Plans are not to be used as the sole criteria for the re-establishment of corners.
• Building connections to be substantiated before adopting.

12.2  Searching

Unique index sheets, showing Renovation Plans in the CBD areas of Perth, West Perth and Fremantle are available at APX-07 - Renovation Plan Indexes.

All Renovation Plans are endorsed onto SIPs and can be requested from Landgate Survey Team.  If a Renovation Plan is not shown within a section, then one hasn’t been produced.

The Landgate Survey Team can be contacted for any problems associated with Renovation Plans (Renovation Plan search must have been instigated prior to contact).

All original Renovation Plans are held in Landgate storage.

13  Acquiring Digital Data from Landgate²

An increasingly common additional search component for cadastral surveys is the acquisition of digital data from Landgate’s Spatial Cadastral Database (SCDB).

This data can be used for mapping and other drafting applications concerning the depiction of land boundaries. In some places the SCDB can be used to assist in the definition of boundaries and can be useful in searching for survey marks in remote locations. However, the range of uses is limited by the spatial accuracy of the SCDB coordinates for the area of interest.

A form to submit a data request is available from Landgate’s website:

https://www0.landgate.wa.gov.au/__data/assets/pdf_file/0014/15332/Location-Information-Transaction.pdf

Alternately go to Landgate’s home page: https://www0.landgate.wa.gov.au/ and navigate the following path:

‘For business & government’ / ‘Land data’ / ‘Cadastral data’ / ‘Order now’.

The various parts of the Location Information Transaction form are as follows:

• Customer details generally self-explanatory and subject to personal preference.
• Defined Area/Projection refers to the method of describing the area of interest for which an extract is required. It can be in the form of:
  • bounding rectangle defined by geographical or MGA coordinates. Remember to select the datum required.
  • standard map sheet e.g. 1:2000 BG 34 16.17
  • an existing area of interest such as a suburb or local government boundary
  • a local area of interest outlined on a map.

• Land Information Required - Surveyors will mainly be interested in the Cadastral family. The other families generally won’t be necessary for survey purposes. Information about geodetic stations can be obtained from My Landgate Survey Channel, GOLA or from the information counter at the Midland office.

Choose the data status, type and format required by checking the appropriate boxes.

• Payment Options - Select from the drop down menu
• Delivery Options- Select from the drop down menu

The most common method now is email (containing a download link) because this enables effective and efficient transfer of electronic data between remote sites.

²Section 14 updated 11/11/2020

14  Availability and Procedure to Acquire CSD Files¹

The ‘as lodged’ CSD files of specific DPs and survey-strata plans are available to practising licensed surveyors using the following procedure.

1. Send requests by email to DataDelivery@landgate.wa.gov.au
2. The request will be processed and the CSD file(s) delivered by email to the requester.
3. There will be no fee for such a request.
4. Landgate has ceased supplying custom digital data extracts as CSD files.

CSD files are certified by the relevant Licensed Surveyor at the time of lodgement (refer SPP-16 Digital Data Requirements).³

Landgate takes no responsibility for the data contained within the CSD file and recommends that it be verified prior to use.³

Any applicable eFBs are to be ordered through Land Enquiry Services as a ‘Field Record’ on the ‘Order Multiple Products’ screen.³

¹Section 15 rewritten 10/11/2020

³Sentences added 06/07/2022

15 Use of the Spatial Cadastral Database (SCDB) to Assist Cadastral Surveys

15.1 Introduction

The SCDB is much more than an electronic map because it is a repository of both spatial and textual data, and the display can be customised to a wide range of thematic views.  Also, the accuracy of spatial data, such as coordinates and distances, is independent of map scale.

Many professionals, including surveyors, use discrete extracts of the SCDB for a wide variety of purposes, most of which concern small to medium scale mapping, and for populating Geographical Information Systems.

15.2 Potential  Uses of Digital Cadastral Data

It is common for extracts from the SCDB to be used as the base for a variety of thematic maps and information systems.  Other uses particularly applicable to land surveyors include:

• The search for buried survey marks, including reference marks,
• The determination of the positions of civil works that have a fixed design relationship to cadastral boundaries where the spatial separation of structures to boundaries is suitable, and
• The definition and marking of land boundaries in exceptional circumstances such as the widespread loss of ground marks and the nature and value of the land tenure.

15.3 Spatial Accuracy

It is common to each of these uses that the spatial accuracy of the digital data must be compatible with the objectives of the project.  Point positions in the SCDB have a wide range of spatial accuracies, and it is important to determine the accuracies available in the area of interest.

The SCDB was originally digitised from the largest scale available maps. In urban areas this was generally 1:2000, but over the state maps ranged in scale from 1:1000 to 1:500,000.  It has been generally recognised that the spatial accuracy of digitised points can be no better than 1mm at map scale.  For example, points captured from 1:25,000 mapping can be expected to have errors in position of about 25 metres and the accuracy statement of each point will reflect this relationship.

However, the whole state has now been spatially upgraded such that the stated coordinates are now much closer to the actual position, or ground truth. Current specifications expect to achieve the following accuracies:

• Early Issue/SSA: about 0.03m
• Urban: about 0.05m to 0.2m
• Rural: about 0.5m to 2.5m
• Pastoral: about 2.5m to 10m

Landgate is in the process of complying with the ICSM Standard for the Accuracy of Spatial Cadastres in Australia and New Zealand.

15.4 Conclusion

The SCDB can be a significant tool to use in cadastral surveys. However, it is important to know to what spatial accuracy it is in any particular area of interest, and to consider this in respect to the proposed application.

Surveyors have three broad classes of use for the coordinates held in the SCDB, and can contribute to the continual upgrade of those coordinates by making connections between reliable cadastral survey marks and the State Geodetic Survey.

In most cases, the SCDB will provide a close, but varying, estimate of the position of land boundaries.  In rare cases, the SCDB will provide the spatial definition of land parcels.  Used in conjunction with the existing physical cadastre, surveyors can use the SCDB to assist them to provide certainty of boundary positions for a wide range of commercial purposes.

Version 2 - 15/07/2022

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  Disclosure

General Regulation 4 and TLA regulation 2 confirm the professional responsibilities of surveyors to disclose information and to act in the interests of the State.

Particular examples of these requirements, and which the surveyor should consider and disclose, are:

• Easements (whether documented or apparent).
• Presence of encroaching power lines.
• Encroachments, including positions of fences.
• Other irregularities which may affect title.

2  Minimum Acceptable Re-establishment

Sufficient permanent marks should be found to provide enough redundancy:

• To prove that none of the adopted marks could have moved,
• To prove that there was not a mistake in the original work and to allow distribution of the errors in that work, and
• To detect any mistakes in your own work and manage the errors.

The above criteria are necessary for every original alignment of the subdivision, although reduced a little for successive alignments because of redundancies provided by the other alignments.

General Regulation 23 requires at least three well-spaced marks in agreement. Two unsupported intersection spikes is not sufficient pickup. Intersection spikes referenced only by a spike protection that did not verify the alignment are considered to be unsupported.

In Special Survey Areas the pickup is to include at least three PSMs or PCMs in agreement.

3  Urban Re-establishment

A surveyor, when subdividing or re-marking all or a portion of a lot abutting on a road where the total distance between the road corners disagrees with the original subdivision (whether Crown or otherwise) by more than one part in eight thousand should re-establish sufficient of the section to prove the marks found; allow the distribution of excess or deficiency; and allow the calculation of all of the boundaries of the old allotment. The ratio of 1:8,000 should be substantially tightened in commercial areas.

Substantial improvements on or near the boundaries of nearby lots (and that may be affected by the distribution of excess or deficiency) should be located. Suitable measurements from existing lodged surveys may be used to assist in meeting the requirements of this guideline.

Guidelines under General Regulation 22B issued by the Land Surveyors’ Licensing Board outline how Standard Survey Marks can be used for re-establishment.

4  Priorities of Re-establishment Evidence¹

The following order of priority of evidence is recommended in re-establishing street corners:

1. Reliable marks or monuments (i.e. connections to buildings etc.) on the subject alignment.
2. Reliable marks/monuments on other side of the road. Then using original connections across road.
3. Proportioning distances (whilst maintaining alignment) over two or more sections. This method is usually only reliable when both sections are part of the same original survey but it is the only method to be used where deficiencies are involved.
4. Proportioning distances whilst maintaining original angles within the street section.
5. Maintaining original distances.
6. Maintaining straight street alignments.
7. Producing street alignments.
8. Maintaining original angles.

Items 3 - 8 are mathematical solutions and must be considered together with improvements on or near boundaries and previous surveys carried out within the section.

Where marks at a bend or a series of bends are gone, the corner/s can be refixed by adopting the original angle/s at the bend/s to be re-established and proportioning the distances between the marks found. See Section 5 Lost Corner Restoration for guidance.

¹Section updated 15/07/2022

5 Lost Corner Restoration - Refixing Lost Corners²

A fairly common problem for surveyors is to refix, or restore, the positions of lost corners.  A typical scenario is where a subdivision falls between two corners that have lost the RMs, and RMs are found at other corners either side of the subject parcel. The recommended technique is shown at Figure 1 below.

Figure 1

The join between the two known points is calculated from both the current measurements and from the original values.  The linear difference between the two results is proportioned evenly, and the angular difference is taken up in the first angle.  All other angles are kept as original.

The following lodged field record illustrates the process (see figures 2 and 3 over the page).

Figure 2: The relationship between the two fixed end points is determined by traverse

Figure 3: The join between the end points is compared to the original values.  The difference in distance is proportioned evenly, and the original angles are held fixed. All of the angular adjustment is put into the first angle.

²Section added 15/07/2022

6 Excess Adjacent to Deficiency

An excess distance should not be created adjacent to a deficiency unless this is made necessary by reliable marks at the corner being re-established. In all other circumstances every effort should be made to minimise the deficiency as a first priority. An excess adjacent to a deficiency usually indicates an error in the method of re-establishment (see section 3 above).

7  Conformity between Adjacent Plans

In surveys carried out by traditional conventional means it has been accepted that adjacent surveys separated by a period of years can differ in their re-establishment of their common alignment.

Because each was based on direct measurements to original marks found the differences were (and still will be) accepted.

The situation is different when:

• modern methods using a control survey are used
• the original marks can be subject to disturbance during the construction phase of the subdivision, and
• the field records are necessarily summarised.

In the case of large urban subdivisions (especially Special Survey Areas) it is not acceptable for adjacent surveys to differ in the dimensions of their common boundary without justification for the adoptions and resolution of the discrepancy, particularly when both adjacent surveys were carried out by the same firm or used a common control network. It is the surveyor's responsibility to ensure that the definition of the common boundary is reliable.

8  Closest Pickup is Best

In resolving difficult re-establishment problems, apparent from large differences from original in recently lodged surveys, the inspecting surveyors are usually able to find reliable original marks close to the subject survey (but which were not found or used by that surveyor). The use of these extra marks usually resolves the problem simply.

The closest original marks should always be used (not necessarily adopted); and a determined search for all close marks should be made when there seem to be significant differences from original dimensions.

9  Discrepancies with Original

All discrepancies with original values outside regulatory limits should be fully investigated with adoptions, measurements, offsets and calculations checked. Where re-established corners do not fit with improvements (e.g. fencing) there is a risk that an error has been made and therefore it is recommended that adequate check measurements be undertaken. Included Angle is a Check Only

In re-establishing adjacent street alignments of an urban section with sparse pickup, agreement with an original angle alone is an unreliable basis for re-establishment. Commonly both adopted alignments are incorrect by amounts that compensate in angular terms. Use the angle only as a check, not as a basis for re-establishment.

Adopting original angles and thereby causing deficiencies on original distances should be avoided, however in some old rural areas the original angles may be more reliable than the original distances.

10  Erroneous Original Values

Where it is found that an original ‘legal’ dimension of the parent parcel (ie. shown on latest plan) is in error it is recommended that the relevant adopted corners of the parent parcel are re-marked to enable the correct dimensions to be shown on the plan that is to be lodged.

11  Calibration of Instruments

Calibration of measuring instruments is particularly important when the function of measurement is hidden from the surveyor who must simply rely on the manufacturer's claims. Regular calibration of EDM units, total stations, electronic theodolites and GPS receivers should be an integral part of the measurement process. It is an important part of a surveyor's quality control system and provides legal traceability back to the national standard for length measurement.

As well as the particular recommendations of the manufacturer, client or employer (and as well as any needs dictated by accident, transport, repair or loss of control over the instrument) electronic measuring instruments should be calibrated at least once a year. Historical as well as current calibration records should be retained and may be required to be produced to support a lodged survey.

Log on to My Landgate Survey Channel for current details about the calibration facilities and services available in WA.

12  Accuracy

To maintain accuracy of angular and linear measurements, procedures should be adopted such that:

• the standard deviation of an angular measurement should not exceed + 10” of arc; and
• the standard deviation of a distance measurement should not exceed + 1:16,000 of the distance on an urban survey or + 1:10,000 of the distance on a rural survey.

If the standard deviation calculated from either of the above ratios is less than 5 millimetres on an urban survey or 10 millimetres on a rural survey, then these latter limits may apply.

13  Closures

Surveys should be tested by computation of the angular and linear closures in a surround and may be tested by comparison with coordinated permanent marks. (See Field Notes Section 4 also.) Miscloses outside the following limits should be recorded in the field book and noted on the Surveyor’s Report.

13.1 Angular Misclose

The angular misclosure in a survey should not exceed:

For urban surveys, 20" times the square root of the number of angles or 1'30" whichever is the lesser. However, if the surround includes existing surveys and if the new work is proven then a misclosure of up to 2 minutes may be accepted,

Or

For rural surveys, 30" times the square root of the number of angles or 2 minutes, whichever is the lesser. However, if the surround includes existing surveys and if the new work is proven then a misclose of up to 3 minutes may be accepted, or greater in the case of surveys before 1910.

13.2 Linear Misclose

The linear misclosure in a survey should not exceed:

For urban surveys,0.02 metre or 1:12,000 of the perimeter whichever is the greater provided that if the surround includes existing surveys and if the new work is proven then a misclosure of up to 1:6,000 may be accepted.

For rural surveys 0.04 metre or 1:6,000 of the perimeter whichever is the greater provided that if the surround includes existing surveys and if the new work is proven then a misclosure of up to 1:4,000 may be accepted or greater in the case of surveys before 1910.

14  Old Fences as Pickup

In some older areas where it is not possible to find the original or later survey marks, it is valid to adopt long established occupation provided it is consistent with the relevant surveyed dimensions. This method of re-establishment should only be used after an exhaustive search for the original survey marks has been carried out. section 154 of the TLA requires that the occupation must have existed for more than 20 years.

15  Sketch on Transfer Boundaries

Transfers of portions of lots or locations without survey have been accepted in the past, usually by description in the transfer with reference to a sketch in the margin or on an annexure (generally referred to as a ‘sketch on transfer’).

Should the unsurveyed boundary subsequently have to be pegged (or if the portion is later subdivided) and if it is found that there is excess or deficiency in the whole lot or location, the transferee is entitled to his transfer distances (ie the transferred portion is usually described as being of a certain width) but no more (and no less) unless his boundaries have been described by abuttals.

The transferee is therefore not given any excess or deficiency. The total excess or deficiency goes to the balance portion of the lot or location. If the transferred portion is described as being of a certain width, no excess or deficiency is allocated to the width but the depth (which is usually defined by the abuttals) is still given the appropriate amount of excess or deficiency.

It is necessary to search the Titles and/or transfer document to determine which Title is the transferred portion and which is the balance.

Where the transferred portion is described by abuttals, the abuttal prevails and that portion receives its share of any excess or deficiency. If the transfer is described as a moiety (an equal portion, generally a half) and not by defined distances, then both portions must receive their proportion of any excess or deficiency.

A sketch on transfer situation can usually be recognised by the presence of a boundary, but without any survey record of its creation. Both the transferred and balance portions were named ‘part lot (or location)...’ on their respective paper Titles, but most of these have now been amended as part of the Multi Poly Multi Tenure Project carried out during 2005. Surveyors will still need to allocate any excess or deficiency in accordance with the above criteria. See SPP-01 General Drafting Practices Section 47 for Landgate’s requirements on how these unsurveyed boundaries are to be depicted on plans.

16  Distribution of Excess and Redefinition Plans

New procedures for depicting more accurate/modern dimensions for parcels eligible for a distribution of allowable excess were introduced in July 2001. Past practices that allowed Title graphics to be amended by Landgate as a result of surveyors lodging a field book showing new dimensions for a parcel based on a distribution of excess or deficiency are no longer available. As Titles no longer have sketches included in them it was not possible to continue with past practices.

The current practice is as follows:

• Surveyor undertakes survey to determine the position of boundaries and occupation. If the dimensions surveyed vary significantly from the Title dimensions because of excess or deficiency in the section the surveyor may lodge a deposited plan (DP) with a purpose of ‘Redefinition’ which shows the adopted surveyed dimensions, and an application for a new title can be made. A “Redefinition Plan” is recommended when the differences are outside the ‘margin of error’ covered by section 155 of the TLA, and necessary if the parcel is subject to a subdivision under the Strata Titles Act 1985. A CSD file is required for the DP.
• If the survey is based on a proportionate distribution of excess/deficiency (after allowing for any sketches on transfer) then the plan is to be processed in accordance with the Commissioner’s policy on the ‘Correction of Errors on Approved Plans’ and the associated levels of authority (see schedule below).
• If the survey is based on a disproportionate distribution of excess to fit boundaries with occupation (not allowed for deficiencies) then an application under section 159 of the TLA is required. Physical evidence of occupation for a period of not less than 15 years must be demonstrated before the application can be processed.

16.1 Schedule

Extent of Correction for Areas and Distances

Where uneven distribution of excess is undertaken accurate connections to all walls on, or near boundaries, is required and referencing of the lot boundary being fixed by the redistribution is recommended. A field book must be lodged. In all cases the field book must clearly show the adopted distribution of excess and the relationships between boundaries and walls or other improvements.

A common situation where an uneven distribution of excess within a street section (or across several street sections) is required is where there have been separate subdivisions by different surveyors. In older areas, especially rural, the differences between subdivisions can be quite large. Surveyors should distribute excess unevenly (between adjacent original plans) when this situation occurs.

The long-standing procedures for distributing excess over previous subdivisions carried out using ‘sketches on transfer’ (see Section 15) are to continue. They are only affected by the above procedure in how an uneven distribution of excess would be applied to the parent parcel of such a ‘paper subdivision’.

17  Special Surveys

Regulation 26A of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 allows the Surveyor General (defined as including officers authorised by the Governor to approve plans of authorised surveyors) to authorise surveys conducted by methods other than in accordance with the regulations.

The Land Surveyors’ Licensing Board may authorise types of surveys by alternative methods.

The Surveyor General or the Board may issue directions or guidelines applying to a ‘Special Survey’ or an alternative type of survey. The Board has currently approved the following guidelines for various types of special survey:

• Survey Practice Guidelines for Subdivisions Within Special Survey Areas. (See plan examples 24, 25, 26, 27, 28)
• Survey Practice Guidelines for Surveys of Roads through Open Country. (See plan examples 70, 71, 104)
• Survey Practice Guidelines for Surveys of Roads through Forest (See. plan example 52)
• Survey Practice Guidelines for Surveys of Unfenced Pastoral Lease Boundaries
• Survey Practice Guidelines for Connections to Standard Survey Marks
• Survey Practice Guidelines for Re-establishment using Standard Survey Marks

The Board website http://www.lslb.wa.gov.au contains current versions of all approved regulation 26A guidelines.

Regulation 21(1) of the Land Administration Regulations 1998 provides another option for surveys involving Crown land where variation from the guidelines is necessary. Regulation 26A can still be applied to Crown surveys but usually in the more common circumstances where guidelines have been published.

The Board’s approval of a set of guidelines (including the Board’s consultation process with the profession) makes the government agency/authority far more accountable; and the publication of the guidelines allows many surveyors to use them for both survey and tendering purposes. The regulation 26A structure allows an open, visible and accountable control over variation from the regulations.

18 Surveys Involving Crown Land

Surveyors undertaking surveys over, or involving Crown land under the control of the Minister for Lands, must obtain formal instructions or have a contract obtained from the Survey Coordination section within State Land Services of the RDL.

Formal instructions or a contract from Landgate is needed where, for example:

• Freehold subdivisions have included a portion of Crown land (e.g. a ROW, a Road - to be closed - and /or a small portion of a reserve)

or

• A government agency (including local government) contracts a surveyor to undertake work over Crown land.

Where surveys that involve Crown land under the control of the Minister for Lands are undertaken, surveyors must ensure they consult in the first instance with the relevant Regional Team, State Land Services of RDL. Surveyors must confirm that State Land Services of RDL has given:

• approval for the proposal

or

• completed all administrative actions before proceeding to survey.

Compliance with the above can avoid lengthy delays in the processing of subdivisions as actions involving Crown land usually involve complex negotiations.

The Surveyor’s report must outline what actions have been undertaken with respect to Crown land involved in a Freehold subdivision and what arrangements or approvals have been made by State Land Services of RDL. The Plan and the Surveyor’s report must include a reference to the relevant WAPC file number.

19 Special Survey Areas

Following extensive consultation with the industry, through the Survey Industry Working Group, the Land Surveyors’ Licensing Board has approved guidelines under regulation 26A for Special Survey Areas. These guidelines replace those previously issued under Regulations 55A- 55F for urban subdivisions using the Early Issue of Title process.

20 Subdivisions of Private Roads and Drains using Regulation 26A

In accordance with long established practice (originally carried out under section 297A of the Local Government Act 1960 for the closure and amalgamation of private roads), survey marking will not be required to subdivide private roads or drains and amalgamate with adjoining Freehold lots providing the land sharing arrangement is an equal half share or adjoining full width, or the new boundaries can be drawn between existing survey marks. Where this is not the case a survey is necessary.

The normal drafting guidelines for surveyed and compiled plans apply. The Deposited Plan must show new whole lots comprising the portions of the private road, ROW or drain amalgamated with the adjoining lots. The Plan must also show any residue balance lots as new lots. The options/procedures outlined in SPP-09 General Drafting Practices Section 22.4 under ‘Excisions from Corridors’ may be adopted where necessary.

A ‘Reg 26A’ annotation is to be added to the Deposited Plan approval box. (See plan example 31).

21 Connections to State Geodetic Network

The Land Surveyors’ Licensing Board has approved guidelines under General Regulation 22A requiring certain authorised surveys to be connected to the State Geodetic Network.

Surveyors do not need to connect to the geodetic network when undertaking an authorised survey if an alignment re-established by that survey was previously connected directly to the geodetic network.

Details of the previous survey (ie. field book and page numbers) that made the connection must be entered in the field book for the new survey.

Surveyors wishing to defer or avoid making such a connection must apply in writing to the Manager Survey Inspection before lodging the survey. Applications for deferral must provide information about the timeframe involved until the connection is to be made.

Version 1 - 18/07/2018

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  Referencing of Urban Pickup

It is considered important that in urban subdivisions, not within Special Survey Areas, surveyors comply with TLA regulations 23 and 32 by referencing all unreferenced street corners that are re-established. Plans may be delayed until this protection is done.

2  Protection of Urban Pickup

Surveyors have a professional obligation to support the cadastral referencing system and General Regulation 24A requires surveyors to duplicate existing referencing at street corners which they have re-established as a part of their surveys, if that referencing is vulnerable (for example if spikes are in the one metre corridor). Plans may be delayed until this protection is done.

It is suggested that the use of spikes instead of nails to mark offset lines is an effective and efficient way of meeting this obligation.

Guidelines under General Regulation 22A and that require connections to the geodetic network or the placement of control marks may reduce or replace the need for additional referencing in some situations.

3  Referencing of Rural Pickup (Road Corners)

Although not as critical as the urban environment, TLA regulation 23 also requires surveyors to reference re-established road corners on rural surveys.

4  Referencing of Rural Re-establishment

In the course of any survey when it is necessary to re-establish, re-mark or connect to an unreferenced corner of a rural lot or location (the area of which exceeds four hectares) the surveyor should reference such corner.

5  Risk in Adjacent Spikes

Two spikes close together will eventually cause a mistake. It is recommended that no reference spike is ever placed within 0.5m of another earlier spike, even if the earlier spike is confidently believed to be gone. This does not apply to the situation of a spike replacing an earlier one (nominally in the same position) but in the case of reference marks even that situation is best avoided to preserve a clear examination trail and to avoid the risk of two spikes adjacent at different depths.

6  Secure Positions

To ensure long term viability of re-establishment, reference marks should be placed in a variety of safe locations throughout the survey. For Special Survey Areas the SSA Guidelines provide information about the placement of permanent marks. Inspecting Surveyors’ experience is that security of reference mark positions can be ranked as follows:

• In the verge (after services have been laid) on the street tree line or overhead power line or about 0.3 metres behind the back of the kerb or in another safe corridor.
• Connections to SSM’s within reasonable distance.
• Marks in walls in new subdivisions or connections to buildings or walls in established suburbs.
• Substantial in-situ concrete (driveways, pram-ramps, etc. not necessarily kerbs or paths).
• Spikes in bitumen roads (but do not rely solely on bitumen roads as modern maintenance programs can completely reconstruct some roads within about 25 year).
• Marks in old deep kerb.
• Nails in the bricks of brick paved paths (not between the bricks).
• Nails in brick paved roads (not between the bricks).
• A Land Surveyors’ Licensing Board notice has recommended against marks in modern cast in-situ kerbs. Marks in slabs are a last resort only. Nails driven between brick paving or between slabs are not acceptable as reference marks.

7  Brick Paving

Inspections of many subdivisions incorporating brick paved roads and paths indicate that brick paving (even in roads) is not sufficiently stable to contain reference marks and that heavy traffic during house construction has in many cases disturbed that paving and the kerbs. It is recognised that at brick paved intersections the scope for placement of reference marks is limited but often there are isolated safe places such as in-situ concrete pram ramps or the referencing could be put away from the intersection where there are verges, bitumen roads or concrete paths.

8  Independent Reference Marks

Modern survey practices and modern calculating procedures are such that there are increasing benefits in being able to redefine a corner using only one reference mark (ie. for line and distance). Dependence on distances from two reference marks to set up a corner is becoming less practical.

It is recommended that whenever practical, reference spikes be established whose position is accurately known (not just a distance from a corner).

It is considered that in most circumstances the value of such a coordinated spike is worth two ‘distance only’ reference marks (although a redundancy is still required in the re-establishment).

9  Reference Spikes on Road Secants

Special care has been shown to be necessary to avoid gross mistakes (most commonly transpositions) in the distances to new reference marks on road bend secants.

It is strongly recommended that surveyors adopt methods which will eliminate the risk of such mistakes. Such precautions might include:

• always measuring the distances between the spikes on line on the secant to give a redundancy (and calculating the check)
• measuring another redundant (‘between’) measurement not on the secant line to prevent transpositions (and calculating the check before you lodge)
• making one RM a spike in bitumen and one a spike in the verge possibly 0.3m behind the back of the kerb
• avoiding two similar spike distances on the secant (a transposition between grossly different distances becomes obvious to the next surveyor)
• independently checking the RMs for gross mistakes on another day, after inking in the field book.

10 Non-standard Marking - A Caution

A disciplinary hearing of the Land Surveyors’ Licensing Board in 1994 found a surveyor guilty of certifying to the accuracy of an authorised survey knowing it to be inaccurate - because the certification stated that the survey was in accordance with the Regulations but the corners were not marked with the specified marks and the difference was not recorded on the Plan.

It was held that it was not accurate to state that the survey was in accordance with the Regulations unless the exceptions were recorded on the Plan. This ruling could have severe implications for any job where the marking does not strictly comply with the Regulations. Prudence suggests that any variations should be recorded on the plan as well as in the field book. This caution applies to Sections 12, 13, 17 and 19.

11 Mark the 'Lot' Side of Walls

It is common in modern large urban subdivisions for very high brick or limestone walls to be built on the boundaries of major roads abutting the subdivision. Often the wall is within the lot so that the lot corner peg falls on the far side of the wall (or on top of the wall) where it is a useless indicator to the proprietor. In such circumstances it is recommended that the surveyor place an additional mark or permanent indicator on the ‘lot’ side of the wall to identify the side boundary to the proprietors, builders, fencers, etc. In some circumstances this ‘lot’ side mark may suffice in lieu of marking of the actual lot corner (provided the offset is shown on the plan). The situation should be recorded in the referencing field book.

12 Alternative Marks

Where ‘alternative marks’ are used on a survey they should be fully described and justified in the field book and described on the Plan.

13 Hallmarks and Star Pickets

Hallmarks, steel posts or pegs are approved corner marks in specified situations under the General Regulations.

Inspecting surveyors will take action against surveyors that use plain star pickets as corner marks because:

• they can be confused with construction marks,
• they cannot be unambiguously numbered, and
• they are not recognised by the public as a cadastral mark.

It is the surveyor's responsibility to ensure that Hallmarks are not used in a situation or in a manner in which they become a hazard. It is permissible to place a shield around the exposed portion of the Hallmark. Hallmarks should never be used in the vicinity of underground services especially electricity, gas or petroleum reticulation.

It is recommended that the use of steel pegs is described in the lodged field book to assist future searching with metal detectors.

14 Numbering of Pegs

The numbers of all relevant land parcels should be marked on the post or peg on the side or top (respectively) facing the parcel and in the direction to be read from within the parcel. In rural lands ‘R’ should be marked towards any road abuttal. In urban lands ‘R’ need only be shown where it would add clarity.

The numbering of timber and steel pegs may be impressed into a horizontal aluminium plate rigidly attached to the peg. The use of small numbers on bare timber should be avoided.

15 Obliteration of Previous Subdivision

When a previous lodged or unlodged survey is superseded by a new survey with amended boundaries any of the existing visible marks that could cause confusion should be removed or obliterated by the surveyor who makes the new survey. Original (Crown) marks should only be removed if they are misleading and, the surveyor shall record such removal. Reference spikes should not be removed. Intermediate spikes may remain if not apparent. (Please record in the field book whether each intermediate has been removed.)

16 Intervisibility between Marks

Intermediate spikes should be placed on every boundary where necessary such that (in addition to the requirement of General Regulation 39) from each end mark or intermediate mark on that boundary another mark should be visible on line in both directions (allowing that a pole up to 4 metres high may be used). This need applies in both rural and urban surveys and regardless of the length of the boundary. It is a practical requirement to allow fencing of the boundary or its identification by the public.

17 Clearing of Boundaries

Refer to General Regulation 52 as amended September 2000.

All boundaries likely to be fenced should be cleared sufficiently to enable clear identification. It is recognised by Landgate that for fencing purposes, visibility is not required below about 1.7 metres high and that in some topography a tall pole can be used by the fencing contractor.

Even when fencing is not required the proprietor or occupant needs to know roughly where the property ends so the marking should enable this. It is suggested that an indicated intermediate mark close to each end of each uncleared boundary will assist in this regard.

Nothing in this paragraph is intended to save work in clearing. It is intended only to save vegetation in those circumstances where that is an issue.

Boundaries not cleared to the standard required by the regulations should be stated so in the field book (with the justification) and stated on the Plan.

18 Visibility of Marks

It is recommended that standing natural scrub within a metre of pegs, posts and intermediate spikes be removed. The surveyor should take all such steps as the circumstances may require and permit to render corner and boundary marks conspicuous. Sections 11, 17, 19 and 20 indicate how this may be achieved.

19 Trenching

Trenches or rock pointers are a good indicator of a boundary's direction but they should not be used where they are likely to be a risk to livestock or the public. Staking is a useful alternative.

20 Staking

The use of stakes and flagging to indicate a mark's position is desirable when they are not a threat to stock. In rural areas it is recommended that star pickets or fence droppers are used when they are not a threat to stock.

21 Timing of Marking

All of the pegs or posts and most of the reference marks (including Permanent Survey Marks and Permanent Control Marks in Special Survey Areas) of each subdivision should be placed or remain in place after substantial completion of the servicing of the subdivision (generally after roads have been kerbed and sealed, sewers and drainage installed and the verge surfaces smoothed).

On normal subdivisions the surveyor should check that all the corners are marked before the plan is lodged and that sufficient referencing remains for accurate re-establishment after the site works have been completed.

The initial survey should be planned such that at least three solid control points/reference marks will survive the site works to enable re-pegging and additional referencing when safe from further disturbance.

22 Deferred Final Marking/Deferred Referencing

Landgate has an approval system in place (under regulation 26A of the Licensed Surveyors (General Surveying Practice) Regulations 1961) that enables surveyors to defer the final marking/referencing of bonded subdivisions until after the works have been completed. It can be applicable to normal and SSA subdivisions, including Survey/Stratas.

The plan can be placed in order for dealings and allow the Registrar of Titles to issue certificates of title for lots on that plan after the surveyor has certified that the corners of all the lots on that plan have been marked and that the final marking will be completed within 14 days after practical completion of the bonded works.

An approval for deferred final marking/referencing (DFM) requires that a network of ‘permanent’ marks connected to the State Geodetic Network controls the survey. Initial pegging of all of the lots on the Plan will enable Landgate to endorse the Plan In Order for Dealings once final approval from WAPC has been obtained. When the site works have been completed, permanent referencing and permanent survey and control marks in accordance with the regulations and the SSA guidelines (as applicable) can then take place.

Deferred final marking provides benefits for the developer and for the purchasers of lots within the subdivision. The developer can gain a cash flow which facilitates completion of the development works which in turn benefits the purchasers by improving the timeframes for occupation of the land. Each purchaser also benefits by being able to settle at the original fixed price of the land, and by being able to commence the building process by engaging a builder and making application for a building licence.

By virtue of the approval for DFM, the surveyor takes on a responsibility to the Registrar of Titles to take reasonable steps to ensure that prospective purchasers are advised that access to the land may not be possible at the time of settlement. That is, the surveyor now has a duty to the State and to the public in addition to the duties to the surveyor’s client (the developer) and which will remain until the final marking has been completed. The surveyor who evades these duties can be subject to disciplinary action for negligence under the Licensed Surveyors Act 1909.

The use of this procedure requires approval from the Inspector of Plans and Surveys (or delegate).

The following information must be provided for an application for deferred final marking/deferred referencing to be considered:

• A copy of the plan, or draft of the plan, or other graphic that shows the position, size and nature of the subdivision.
• The date you expect to lodge the DP or date of lodgement if already lodged.
• If fully bonded, the nature of the works being bonded and the bodies with which the bonds have been arranged.
• If not fully bonded, the nature of the remaining works being bonded and the bodies with which the bonds have been arranged.
• The date the bonds were in place, or are expected to be in place.
• The date clearances are expected to be available.
• The date dealings (e.g. application for new titles) are expected to be lodged.
• The timeframe for practical completion.
• The timeframe for final marking.

This information is used in considering the merits of the application, whether any special conditions are appropriate, and for follow up if necessary.

The standard conditions for this procedure are as follows:

• The development has adequate connections to the State Geodetic Network in accordance with ‘Survey Practice Guidelines for Subdivisions within Special Survey Areas’ (the guidelines)The corners of all the lots are marked prior to the plan being In Order for Dealings. Notification to Landgate can be by an ‘Initial Survey Certificate’, similar to the form of the ISC in the guidelines stating that the marks are in place and referencing/final marking will be carried out when the subdivision has been completed;
• Sufficient control points are placed in safe and protected positions to survive the development works;
• Placement of referencing/final marking to be completed not more than 14 days after practical completion of the engineering and construction works;
• A field book recording the referencing and renovation survey (for normal subdivisions), survey sheets (for SSA subdivisions) and a ‘Final Survey Certificate’ similar to the form of the FSC in the Guidelines to be lodged within 14 days of completion of fieldwork;
• The plan and field book(s) to be annotated ‘Reg. 26A’– referencing/final marking deferred (<Approval ID>, <Landgate file>) and the notation ‘Reg. 26A’ to be shown in the “Approved” box of the plan title block; and
• The surveyor must take reasonable steps to ensure that it is disclosed to purchasers of lots on the plan that access to the land may not be possible at the date of settlement, and to ensure that any changes to the timeframe for practical completion is advised to those purchasers.

Enquiries about using the deferred referencing or final marking procedures should be directed in the first instance to the Inspector of Plans and Surveys on telephone +61 (0)8 9273 5949 or email murray.dolling@landgate.wa.gov.au.

Applications must be emailed in the following form:

<Company Letterhead>

Our Ref:

Landgate Ref: 05956-2016 (DP <insert number>)

Inspector of Plans and Surveys

Location Data Services

Landgate

C/o plans.consultants@landgate.wa.gov.au Attention: Noreen Tucker

Subject: DEFERRED FINAL MARKING/REFERENCING FOR DP/SP(<insert number>), stage name, locality

I < insert name of licensed surveyor> apply for approval to defer the final marking/referencing on this project and make the following undertakings to the Registrar of Titles:

1. I undertake that the survey and plan will comply with the "Survey Practice Guidelines for Subdivisions within Special Survey Areas” (the guidelines) under Regulation 26A of the Licensed Surveyors (General Surveying Practice) Regulations 1961.
2. I undertake that the corners of all the lots will be marked prior to the plan being in order for dealings.  Notification to Landgate shall be by way of an "Initial Survey Certificate" (ISC), in accordance with section 9.3 of the guidelines, stating that the marks have been placed.
3. I undertake that sufficient control points will be placed in safe and protected positions to survive the civil works still underway.
4. I undertake that final marking is to be completed on …../…../…… which is not more than 14 days after the practical completion of the civil works on ……/…../…….. .  I further undertake that I will promptly notify you of any changes to the date of practical completion and the date of lodgement.
5. I undertake that the Survey Sheet(s), an eFB depicting the final control survey, and a "Final Survey Certificate" certification on the survey sheets will be lodged within 14 days of completion of fieldwork – that date being …../…./…….
6. I anticipate that applications for new titles for <insert number of lots> (or other dealings) will be lodged on …../……/…….
7. I undertake that the plan including the Survey Sheet(s), will be annotated "Reg. 26A (1) – final marking deferred <insert the approval number>; Landgate file 05956-2016” and the notation “Reg. 26A (1), (4)” is to be shown in the “Approved” box of the plan title block. “Reg. 26A (1)” refers to the special approval for deferred final marking and “Reg. 26A (4) refers to the Special Survey Area.
8. I will take all reasonable steps to ensure that it is disclosed to purchasers of lots on the plan that access to the land may not be possible at the date of settlement, and to ensure that any changes to the timeframe for practical completion are advised to those purchasers.
9. In support of this application the following information is provided and consolidated into a single PDF file:

22.1 Checklist for Deferred Referencing/Final Marking

<signed by licensed surveyor>

<date of this application>

Version 2 - 17/04/2020

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 Introduction

Surveys of land bounded by water can involve complex legal situations and surveyors need to be aware of the principles involved. Obviously any survey to locate a high water mark boundary must not only adhere to legal principles but such practical considerations as cost limitation factors must also be considered. The practice adopted by some surveyors in the past has been to select a position on the ground, taking due regard of local evidence in the form of debris etc. This approach is a practical one, cost effective and tending to preserve what many believe is the basic intention of such boundaries, i.e. alienated land shall seldom if ever, be subject to inundation, although surveyors would need to comply with the accuracy requirements of the Licensed Surveyors Act 1909 and Regulations (in particular regulation 5 of Licensed Surveyors Regulations 1961).

2  Tidal Waters

The current statutory definition (i.e. LAA) of High Water Mark for tidal waters is the ‘ordinary high water at spring tides’ and it is generally accepted that this is equivalent to the definition of Mean High Water Springs in the Australian National Tide Tables. A recent Queensland case has confirmed this assumption.

It is considered good survey practice to carry out high water mark surveys of tidal waters by using levelling techniques to set out an adopted high water mark contour and relating the survey to a recoverable datum, preferably AHD. Survey performed in this way is usually recoverable and more consistent within itself and with other surveys. The Survey Inspection Team of Landgate can make available to surveyors AHD values of high water mark for any part of the State. These values have been determined from the Australian National Tide Tables and Public Works Department of Western Australia publication 47574- 2, and are accepted by the Inspector of Plans and Surveys as being in accordance with the LAA definition of high water mark for tidal waters.

In situations that require greater accuracy a field survey should be carried out. The field survey should establish an adequate amount of tide data for the specific area from which the horizontal location of mean high water, or any other required datum, at specific points on the shore may be obtained. The Survey Inspection Team can advise on the methods of determining a reduced level of high water mark from observations made.

3  High Water Mark on a Tidal River or Estuary

In a tidal river or estuary the tidal range could be expected to be less than the open sea and the times of high and low tide could be expected to lag behind those of the open sea. Winter flow would make the observation of tide heights less reliable so more cycles would need to be observed. Because tidal phenomena reflect cyclical astronomical conditions, elevations based solely on tidal data are usually permanent and recoverable.

The introduction of non-tidal constituents into the calculation process may compromise the reliability of the datum. The masking of the tidal effect by non-tidal forces such as seiche is an example of this condition. Seiche, which occurs in bays and harbours, is the oscillation of water due to barometric pressure and other non-astronomic forces and should be ignored in determining mean high water mark. Where the tidal influence in a river or stream is minimal and in fact negatived by fresh water run-off, a mean water level elevation should not be used for boundary purposes. This situation would require the use of the ordinary high water mark (ie. non-tidal waters definition) for boundary determination purposes.

The accuracy of these determinations is related to the factors involved. Errors could range from a few centimetres to a few decimetres depending on the care taken and the length of the period of observations.

4  Inland (Non-tidal) Waters

There are significant differences in the legal definitions of high water mark for tidal and non-tidal waters. For non-tidal waters the common law states that the ordinary high water line (mark) is an observable physical mark that can be evidenced by terrestrial vegetation, changes in the soil, surface markings (erosion, shelving and litter) and geological characteristics.

The use of ‘ground evidence’ for locating the position of high water mark is valid if such determinations are based on the principle of ‘the limit of useable land’. In most cases, by this method for non-tidal waters, surveyors have adopted the ‘top of bank’ position as defining the ordinary high water line (mark).

Some surveyors, especially last century, erroneously adopted the top of the ‘high bank’ (ie the bank of the floodplain) as the position of the ordinary high water line. As a result, some surveys have been found to be up to hundreds of metres in error.

Where a parcel extends to the centre thread of an inland watercourse (ad medium filum aquae) the survey should define both banks and the centreline of the watercourse.

5  Survey Method

In the past, survey regulations have required that high water mark surveys be carried out using offsets or insets at regular intervals from a traverse line. The use of radiations to each bend in the water boundary from selected traverse stations is considered a more reliable and efficient method compatible with modern survey equipment including GPS.

6  Doctrine of Accretion and Erosion

The doctrine of accretion and erosion applies to tidal and non-tidal boundaries where the change in the position of the boundary is gradual and imperceptible. Where this situation does not apply, the bank must be defined in the same position as immediately before the change. Generally reclaimed land from tidal waters becomes Unallocated Crown Land and inundated land retains its previous tenure.

7  Title Amendment for Water Boundaries

Where large differences from original are encountered in the position of a water boundary and the change has occurred gradually and imperceptibly, a certificate of title can be amended by an application made under section 170 of the Transfer of Land Act 1893. The application would normally need to be based on a new survey plan (see plan example 42) and the survey should identify the impact of the application on any affected adjoining parcels, including those across a watercourse, if applicable. To meet the requirements of section 77 of the Legal Practitioners Act 1893, a section 170 of the TLA application should be prepared by a ‘certificated practitioner’.

8  Freshwater Bay Surveys

Surveyors should be aware that the Melville Water and Freshwater Bay Road Act, 1912 (the Act) empowered the Surveyor General to ascertain and determine the high water mark at Freshwater Bay and Melville Water (i.e. from Mosman Park to Nedlands) for the purposes of the Act. On approval of the Minister for Works such determination became final and conclusive.

Although the Act was repealed in 1966 a survey of the high water mark at Freshwater Bay (shown on Original Plan 5982) was approved by the Minister for Works in 1955. This determination of the high water mark has fixed the boundary between the Swan River at Freshwater Bay and the land (Freehold and Crown) above high water mark. Unfortunately, the Act provided no specific mechanism as to how the Freehold Titles to the land abutting this section of the river were to be amended. The result today is that a number of Freehold Titles reflect a direct access to the Swan River that is not the true legal position.

The river boundaries of land affected by Original Plan 5982 can be defined with some certainty following a renovation of the survey in 1993 by the Inspecting Surveyors. Surveyors should ensure they have a full search when working in the area.

Surveyors defining any river boundaries affected by the Act but outside Original Plan 5982 should seek advice from the Surveying Inspectors at Landgate.

Version 2 - 01/10/2021

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  General

The Licensed Surveyors (General Surveying Practice) Regulations 1961 (general regulations) are technology independent and allow for the use of Global Navigation Satellite System (GNSS) technology in all cadastral surveys.  Surveyors responsible for surveys are to ensure the accuracy requirements of the general regulations are met and that the field records accurately reflect the methods and results of the surveys.

2  Control Surveys

The Special Survey Area Guidelines under General Regulation 26A include information specifically covering control surveys by GNSS.

3  Geodetic Connection

Generally, each GNSS survey for cadastral purposes should be connected to the State Geodetic Network.  Landgate can provide verified coordinates for geodetic survey marks that can be used as datum stations.  If it is not reasonably practicable to connect to a State Geodetic Survey mark the origin of the coordinates for the datum station, and the nature of that station must be provided in the field record.

In urban areas, the two closest State Geodetic Survey Marks should be used as datum stations and to provide redundancies for the survey.

In rural areas, a State Geodetic Survey Mark within 10 km of the land the subject of the survey should be used as the datum station.  If there is another State Geodetic Survey Mark within 7 km of the survey, that station should be used to provide a redundant connection.

If the State Geodetic Network is considered inadequate for efficient GNSS surveys in a particular area it is recommended that the Survey Services team of Landgate be contacted for advice.  Consideration may be given to an extension or densification of the network in that area.

Connections to Continuously Operating Reference Stations (CORS) can replace the connections to conventional ground marks when such marks are outside of the 10km radius, providing that the required accuracy standards are met.

4  Permanent Marking of GNSS Stations

At least two GNSS stations within each small subdivision (more on larger rural subdivisions) should be permanently marked or referenced (horizontally, to cadastral standards of visibility and stability).

If, to get satellite visibility, stations outside the subdivision need to be occupied each should be in a secure place and be permanently marked or referenced as above.

In all cases, the relationships between these reference stations and the cadastre and the geodetic control used should be recorded in the lodged field record.

5  Distant Reference Marks

In any situation where a GNSS station is established individually, and an azimuth is not otherwise obtainable on the ground (either by sight to another GNSS station or from other lines of the survey), then a distant reference mark should also be established.  The reference mark should be visible from that GNSS station and ideally at least 150 metres away from it.

6  Field Notes

6.1 Equipment

The following details for each item of equipment used in the survey are required for legal traceability purposes (see example 4 in Appendix 3):

• Manufacturer
• model number
• serial number
• calibration details and certificate number (if applicable).

This requirement is applicable, where relevant, to the following equipment types:

• GNSS receivers,
• Theodolites,
• EDM units,
• Electronic tacheometers (‘total stations’), and
• Steel bands

6.2 Method

The methods and equipment used for making measurements for each line within the survey shall be clearly recorded in the field record. (See example 13 in Appendix 3.)

Examples of methods are as follows:

• traversing
• open radiations
• Static Baselines
• Pseudo-Kinematic Baselines
• Rapid Static Baselines
• Kinematic Baselines
• Real Time Kinematic (RTK) Baselines
• Differentially derived point positions (DGPS).

Examples of the information that is required for each of these methods include:

• single or dual frequency
• number of common satellites observed
• duration of common observations.
• A summary sketch to illustrate the relationship of the baselines (GNSS vectors) shall be recorded in the field record. (See examples 13 and 16 in Appendix 3).  It is essential that an independent check be made at each new parcel corner.  Suitable checks include:
  • re-initialisation
  • re-occupation at a later time
  • observations from two reference stations.

Examples of the information that is required for each of these methods include:

• single or dual frequency
• number of common satellites observed
• duration of common observations.
• A summary sketch to illustrate the relationship of the baselines (GPS vectors) shall be recorded in the field record. (See examples 13 and 16 in Appendix 3). It is essential that an independent check be made at each new parcel corner. Suitable checks include:
• re-initialisation
• re-occupation at a later time
• observations from two reference stations.

6.3 Processing

6.3.1 Datum

The following information shall be recorded in the field record:

• The datum station for the survey.
• Starting coordinates and source.
• The spatial reference system upon which the coordinates are based.

6.3.2 Software

The title and version number of the software used for processing the GNSS observations shall be recorded in the field record.

6.4 Results

6.4.1 Control Networks

The GNSS baseline observed values and adjustment results shall be recorded in the field record as follows (see examples 13 and 15 in Appendix 3):

• the observed mean ground level distance for each line
• pseudo observed mid azimuth for each line
• the adjusted mean ground level distance and adjusted mid azimuth for each line
• the adjusted three-dimensional coordinates of all points in the survey, and the horizontal and vertical datums upon which they are based
• a description of the adjustment method, constraints and software.

6.4.2 Parcel Boundaries

The following dimensions and values relating to the parcel boundaries shall be recorded in the lodged field record (see example 16 in Appendix 3):

• Mid-azimuth of each straight line and of the long chord of curved boundaries
• Ground level distances
• Calculated ellipsoidal angles at corners (calculated from the end azimuths)
• Parcel closure and area
• GNSS derived height of each boundary mark.

Grid bearings may be shown but must be either MGA or a Transverse Mercator Project Grid recognised by Landgate (e.g. PCG2020)

6.4.3 Real Time Kinematic (RTK) Surveys

In addition to the requirements of 6.4.1 and 6.4.2 above, surveys by Real Time Kinematic (RTK) shall also include the base station input coordinates, output coordinates and height of each rover station. (See examples 17 in Appendix 3.)

Where corner and intermediate marks have been set out at predetermined positions, and the plan dimensions are pre-calculated, it is recommended that the lodged field record contains a table comparing the design coordinates with the surveyed coordinates. (See example 18 in Appendix 3.)

The coordinate system adopted for the survey (e.g., arbitrary plane system) should be defined by reference to points on a geodetic datum compatible with that of the State Geodetic Network (e.g., GDA2020).

Heights can be expressed in terms of the ellipsoid or the geoid.  Heights above the reference ellipsoid (ellipsoidal heights) are derived directly from GNSS observations.  Heights above the geoid (orthometric heights, generally equivalent to AHD) are calculated from ellipsoidal heights by applying the geoid-ellipsoid separation (N value).  If AHD heights are chosen, then the derivation of the adopted N values used in the conversion shall be stated.

Inter-station vector information in the form of grid bearings or mid-azimuths and ground level distances is preferred for spatial integration of the survey.  It is sufficient to provide this information for key points within the survey, providing the coordinates of every point have been supplied. (See examples 17 and 18 in Appendix 3.)

6.4.4 Geodetic Survey Controls

GNSS baselines between State Geodetic Survey Marks are useful to Landgate for verifying and upgrading the existing geodetic network.  It is also possible that Benchmarks and key cadastral points can be added to the network if reliable inter-mark relationships are provided.  The best way to provide the three components of a 3D vector for this purpose is in the form of dx, dy and dz (and the standard deviations) (see example 14 in Appendix 3).  It is important to specify the geodetic datum (e.g., GDA2020) on which the data is based.

See SPP-02 Searching Landgate Records for information on field record examinations and SPP-19 Validation and Examination Practices for checklists.

6.4.5 Virtual Reference Station (VRS) Surveys

In addition to the requirements of 6.4.1 and 6.4.2 above, surveys by VRS shall also include output coordinates, number of epochs observed and height of each observed station. (See example 19 in Appendix 3.)

VRS observations of the survey control network and the State Geodetic Network should be carried out concurrently.

Where corner and intermediate marks have been set out at predetermined positions, and the plan dimensions are pre-calculated, it is recommended that the lodged field record contain a table comparing the design coordinates with the surveyed coordinates. (See example 18 in Appendix 3.)

The coordinate system adopted for the survey (e.g., arbitrary plane system) should be defined by reference to points on a geodetic datum compatible with that of the State Geodetic Network (e.g., GDA2020).

Heights can be expressed in terms of the ellipsoid or the geoid.  Heights above the reference ellipsoid (ellipsoidal heights) are derived directly from GNSS observations.  Heights above the geoid (orthometric heights, generally equivalent to AHD) are calculated from ellipsoidal heights by applying the geoid-ellipsoid separation (N value).  If AHD heights are chosen, then the comparison with the published height of any State Geodetic Survey Mark visited shall be stated.

Inter-station vector information in the form of grid bearings or mid-azimuths and ground level distances is preferred for spatial integration of the survey.  It is sufficient to provide this information for key points within the survey, providing the coordinates of every point have been supplied. (See examples 17 and 18 in Appendix 3.)

All calculations are to use the observed values from the survey in question.  Connections from at least two observed stations of the survey network to the two closest observed positions of the State Geodetic Marks, in accordance with 6.3 should be shown in a schematic format. (See examples 20 in Appendix 3.). A comparison between the published coordinates of State Geodetic Marks visited  and the observed coordinates are to be shown, preferably in a tabular format.

Show a comparison of any redundancies, re-observations and checks using suitable survey methods

7  References

The guidelines in this chapter are considered to describe the minimum requirements for the survey and for the presentation of lodged field records containing authorised surveys using GNSS, and do not absolve the surveyor from requirements under all other relevant Regulations, Guidelines and Survey Instructions.

The surveyor is encouraged to include in the lodged field record any information additional to that required under these guidelines to demonstrate that the above mentioned requirements have been satisfied.  The surveyor is also encouraged to maintain archive copies of the raw GNSS data files, processed output files and adjustment input and output files, for at least 2 years from the date of lodgement.

The two references below specify observational and processing requirements for surveys by GNSS for legal purposes:

Survey Practice Guidelines for Subdivisions within Special Survey Areas (see LSLB website).

Standards and Practices for Control Surveys (SP1), Inter-governmental Committee on Surveying and Mapping.

Version 1 - 18/07/2018

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 Scope

These guidelines are applicable to the following two situations of determining the spatial definition of easements:

• by survey and ground marking, and
• by calculation from the Spatial Cadastral Database (SCDB).

These guidelines are applicable to easements over both Crown and Freehold land.

These guidelines are particularly applicable to easements created under the Land Administration Act 1997 and the Petroleum Pipelines Act 1969 for depiction on ‘Interest Only’ plans.

The provisions in these guidelines can be adopted where authorised and applicable for the definition of other easements including those registered under the Transfer of Land Act 1893.

2  Easements by Survey and Ground Marking

2.1 General Provisions

Survey methods should conform to the basic principles of survey as defined in the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 (the General Regulations).

Definition is to be achieved by surveying one side of the proposed easement, the centre line, or some other offset line. If the utility is in position at the time of survey, connections to it are required at every survey mark placed.

To facilitate verification of the easement survey and integration with the SCDB, rigorous connections to the State Geodetic Survey (geodetic connections) are required. In remote areas a surveyed connection should be made to each geodetic station within 5km of the easement route. In areas with a greater density of geodetic stations, geodetic connections should be made at intervals of not more than 5km.

The geodetic connections should be in accordance with Section 4.

2.2 Marking

Generally, easements protecting services within Crown Land in rural and pastoral areas, or access routes to those services, should be marked in accordance with the following provisions.

For other easements, ground marking is at the discretion of the surveyor and the other interested parties:

• One side of the easement should be marked.
• Angle points, surveyed intersections with existing cadastral boundaries and points at one kilometre intervals on long straights, should be marked in accordance with paragraph (a) of the Table to General Regulation 36.
• Intersections with unsurveyed boundaries do not generally need to be marked. In the case where the boundary is accurately represented on the ground by improvements such as a fence, then a single reference mark is to be placed on the intersection of the surveyed line with the improvement.
• Placement of one reference mark exactly on line, line produced, or half angle is recommended. Intermediate marks are required at 500 metre intervals or at other distances necessary to maintain line of sight. Reference marks and intermediate marks are to be sunk at least 0.3 metres where ploughing or other disturbance is likely.
• Posts are to be stamped with ‘E’ as viewed from inside the easement. It is preferred that each post is stamped with a unique identifier and the reference to that identifier is shown in the field notes and included on the easement plan.
• Trenching of posts will not be necessary but the use of a steel fence dropper, star picket or similar, positioned adjacent to each post as a marker is recommended where such placement does not endanger stock, people or property.

2.3 Field Notes

The field notes of the survey must be lodged in a standard cadastral field book certified by a licensed surveyor holding a current practising certificate.

Where GPS is used, the survey must be recorded in the field book as specified in Landgate’s current Survey and Plan Policy and Procedure Guides.

2.4 The Plan

The ‘Interest Only’ Plan should be drafted as generally indicated in Landgate’s current Survey and Plan Practice Manual.

Traverses from geodetic stations to the easement must be shown on the Plan, not necessarily to scale.

If the survey is mostly based on GPS surveys, the Plan should bear the following statement – ‘Dimensions derived from GPS observations’, but expanded to show the appropriate detail, for example ‘RTK’.

3  Easements by Calculation from the SCDB

3.1 General Provisions

The ground definition and marking of the boundaries of many easements that protect public and private assets such as pipelines or powerlines by normal survey methods is expensive and, in terms of physical identification and spatial accuracy, generally unnecessary.

3.2 Procedure

3.2.1 Spatial Upgrade

If the area of interest has not been spatially upgraded arrangements can be made for the spatial upgrade to be performed by the surveyor.

Additional geodetic connections would normally be required to achieve a suitable spatial accuracy of the upgraded SCDB.

3.2.2 Spatial Accuracy

In general, a nominal accuracy of 0.5 metres in rural and pastoral areas and 0.1 metres in urban areas for the upgraded SCDB is required to achieve an adequate degree of positional certainty.

If the area has been spatially upgraded but not achieved the aforementioned accuracies, additional geodetic connections will be necessary.

The geodetic connections should be in accordance with Section 4

3.2.3 Spatial Extent of Easement

If the infrastructure has already been constructed, a survey to determine the geographic position of all the physical elements that need to be contained within the easement must be carried out.

This ‘as-constructed’ survey must provide positions that are compatible with the boundary definition.

The aim is to achieve certainty that the structure falls completely within the easement. This would mean that a margin of error depending upon the expected relative accuracy is allowed when determining the clearance between the structure and the boundary.

The easement dimensions are calculated within the spatially upgraded SCDB to completely enclose the existing infrastructure, based upon the ‘as-constructed’ position. Intersections with other land boundaries are also calculated and shown on the plan.

If the infrastructure has not yet been constructed, then the easement dimensions are calculated within the spatially upgraded SCDB in accordance with the requirements of the owner of the asset to be protected. Sufficient survey control and marking is required to accurately define the easement at any time in the future.

3.2.4 Spatial Verification

The SCDB is a digital cadastral model that has been constructed from a limited number of surveyed connections between cadastral marks and State geodetic stations.

An estimate of the spatial accuracy of any point in this model can be given by a statistical analysis of the least square adjustment results. This is expressed in the SCDB as the ‘circular error’ (arithmetic mean of the major and minor semi-axes of the error ellipse).

The accuracy of this estimate can be tested by comparing the positions of a set of surveyed boundary points that have not been included in the adjustment with the modelled position.

The method of survey and the accuracy of measurements shall be such that there is less than a 5% probability that the actual error in position of any surveyed boundary point within the area of interest exceeds the accuracy statement for that point in the SCDB.

Verification can be achieved by making redundant geodetic connections to cadastral points within the area of interest that are not used in the spatial upgrade process. These can be used to verify the reliability of the adopted geodetic connections, and to provide a ground truth for upgraded points in the SCDB.

The field notes of the survey, including geodetic connections, pickup of the infrastructure and ground truthing connections, must be in a standard cadastral field book certified by a licensed surveyor holding a current practising certificate.

Where GPS is used the survey must be recorded in the field book as specified in Landgate’s current Survey and Plan Policy and Procedure Guides.

3.2.5 The Plan

The ‘Interest Only’ Plan is to be drafted in accordance with the requirements of Landgate’s current Survey and Plan Policy and Procedure Guides.

The following additional notations are to be placed within the graphic area of the Plan:

• Surveyed in accordance with Survey Practice Guidelines for Easements under regulation 26A of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961’.
• ‘Dimensions derived from the Spatial Cadastral Database as at <date of final adjustment/calculation>’.
• ‘Calculations have been made on the GDA94 and distances reduced to mean ground level’.
• ‘Easement boundaries are completely unmarked but related to the SSMs shown’.
• The notation ‘Reg 26A’ is to be added to the ‘approved’ panel in the title block.

4  Geodetic Connections

4.1 Survey

For each connection provide, sufficient data to enable MGA coordinates to be derived for at least two points on a cadastral alignment. Where practicable these points should be separated by 200 metres or more.

Locate and validate existing cadastral points. Marks must be renovated or replaced in accordance with the requirements of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961. Additional reference marks are to be placed at cadastral points occupied with GPS.

Validate the horizontal stability of the controlling SSM from reference marks.

Survey the connection using the following technique:

• observe a GPS baseline between the controlling SSM and one cadastral point, and
• observe a GPS baseline between the selected cadastral points. Note that it is not acceptable to calculate a connection between the cadastral marks on the basis of individual GPS observations from the controlling SSM.

Where practicable, provide redundant measurements that will confirm the connection.

The GPS baseline observation may be of any type (static, rapid static, kinematic) as long as the required precision is achieved.

4.2 Accuracy

Horizontal ground distances and azimuths as calculated from GPS observations between the selected cadastral points should agree with original values within the limits specified in the Licensed Surveyors (Guidance of Surveyors) Regulations 1961. Where such agreement is not attained then further pickup is recommended to prove the alignment.

The method of survey and accuracy of measurements shall be such that there is less than a 5% probability that the actual error in the positional accuracy (co-ordinate) of the cadastral mark with respect to the SSM will exceed r millimetres provided by the formula:

r = c(d + 0.2) - where d is the direct distance between the two points in kilometres and c is as specified in Table 7.1 below.

4.3 Field Notes

For GPS baselines, both the ellipsoidal (GRS80) and mean ground level distances and the calculated mid-azimuths are to be clearly documented in the field book. Also to be recorded is the angle, as calculated from end azimuths between the SSM connection and the re-established alignment (or offset).

MGA coordinates are not generally to be shown in field notes as they are subject to change should any readjustment of the controlling SSMs be undertaken. However, a listing of the base station input coordinates and the cadastral points and their derived MGA coordinates is required in the case of a GPS RTK survey.

Details of the GPS hardware type including serial numbers of receivers and antennae plus the software version used for reduction of observations must be recorded on the index page of the lodged field book/s together with calibration details for EDM and bands, if used.

Sufficient information should be recorded to demonstrate that the required accuracy has been achieved.

To facilitate cross referencing it is important that the following details are clearly shown in the field notes for each connection:

• Original (Orig) distances between the GPS connection point and adjacent cadastral bends or corners
• Lot `numbers, road names or numbers, reserve numbers, etc.
• Clear details of the search used including the page number/s of field book/s together with details of the field book/s containing the centreline or ‘as-constructed’ survey
• Survey Index Plan reference.

5 Transmission Line Easements

5.1 Scope

These guidelines are applicable to the following two situations of determining the spatial definition of transmission line easements:

• by local re-establishment and calculation, and
• by calculation from the Spatial Cadastral Database (SCDB).

The survey methods for each of the above situations will be similar, but there will be some data transfer processes to consider if calculating from the SCDB.

No ground marking of easements for transmission lines will be required. These guidelines are applicable to easements over both Crown and Freehold land.

5.2 Local Re-establishment and Calculation

5.2.1 General Provisions

It is the surveyor’s responsibility to ensure that the survey method used is appropriate for the circumstances, and that the work is proven.

Survey methods should conform to the basic principles of survey as defined in the Licensed Surveyors (Guidance of Surveyors) Regulations 1961.

To facilitate verification of the survey and integration with the SCDB, rigorous connections to the State Geodetic Survey (geodetic connections) are required. In remote areas a surveyed connection should be made to each geodetic station within 10km of the transmission line. In areas with a greater density of geodetic stations, geodetic connections should be made at intervals of not more than 5km. The geodetic connections should be in accordance with Section 4.

Where GPS is used the survey must be carried out in accordance with Landgate’s current Survey and Plan Policy and Procedure Guides.

5.2.2 Field Notes

The field notes of the survey must be lodged in a standard cadastral field book certified by a licensed surveyor holding a current practising certificate. The following information is to be recorded in the field book:

• Normal requirements of cadastral re-establishment.
• Validation of SSMs from reference marks.
• All connections from SSMs to cadastral points.
• Any additional control placed and connections from that control to cadastral points whether measured or calculated.
• Marking and referencing details with relevant abutting information (e.g. lot on plan, C/T, road name).
• Feature information (e.g. fences, terrain, access).
• Any other relevant information.

It will not be necessary to include all the easement dimensions in the field book.

5.2.3 The Plans

The plans should be drafted as specified for ‘Interest Only’ Plans in Landgate’s current Survey and Plan Practice Manual. The Plan type will be ‘Freehold’ and the purpose will be ‘Interest’.

Each Plan must be compatible with the easement documents that the Service Provider intends to register. The extent of each plan must be consistent with the proposed registration actions of the Service provider such that upon registration of the documents, the whole of the plan can be approved.

Surveyors need to consult with the Service Provider as to the registration requirements. Where any uncertainty exists surveyors should prepare individual easement plans for each affected parcel.

CSD files based on MGA coordinates are to be prepared in accordance with the requirements specified by the Inspector of Plans and Surveys for each individual Plan and lodged at Landgate.

Where the survey is based on GPS observations, the relevant Plans should bear the following statement:

“Survey dimensions derived from GPS observations.”

The following notations are to be placed within the graphic area of the plan:

“Surveyed in accordance with Survey and Plan Practice Guidelines for Transmission Line Easements under regulation 26A of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961.”

“Reg 26A” is to be added to the approved box in the title block.

6  Calculations from the SCDB

6.1 General Provisions

A method that satisfies the key factors of certainty of position (within adequate tolerances) and reasonable cost is a calculation of the easement boundaries using Landgate’s Spatial Cadastral Database (SCDB). This method relies upon the spatial relationship of the physical infrastructure with the boundaries defined in the SCDB.

The SCDB must be spatially upgraded using the surveyed easement alignment and/or control traverse before definition of the easement can be undertaken. Areas of the SCDB that are upgraded for this purpose must be done in accordance with Landgate’s requirements. Definition of easements by calculation from the upgraded SCDB can only be accepted where the accuracy of the SCDB is sufficient to provide certainty of position within adequate tolerances. (See Section 4.2.)

6.2 Procedure

In the case of existing transmission lines a survey to determine the position of all the physical elements of the infrastructure that need to be contained within the easement must be carried out. For new lines where easement definition is required prior to construction a centreline survey is necessary.

This survey must provide positions that are compatible with the boundary definition. The aim is to achieve certainty that the structure falls completely within the easement. This would mean that a margin of error depending upon the expected relative accuracy is allowed when determining the clearance between the structure and the boundary.

The easement dimensions are calculated within the spatially upgraded SCDB to completely enclose the existing infrastructure based upon the surveyed position. Intersections with other land boundaries are also calculated and shown on the plan. See Section 3 for other provisions that apply to transmission line easements.

Version 2 - 11/01/2022

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  Contents of Field Records¹

Generally, it is highly recommended that each field record only contains the information about a single authorised survey.

However, it is often desirable for authorised surveys using the same alignment to be shown in the same field record at the lodging surveyor’s discretion.

Multiple discrete re-pegs and spike protection surveys are welcome in a single field record.

All field records are perused and cross-indexed as required by the Survey Inspection Team at Landgate

Some are audited by the Inspecting Surveyors as an integral component of monitoring to ensure the stability of the physical and legal cadastre and to support the plan examination function.

2 Standard of Field Records¹

The figure size, density and contrast of the field record must allow legible copies to be made by digital scanning and monochrome photocopying.  Pencil must be erased from beneath inked figures.

Each page of the field record should bear the real date or dates of the work and should be initialled by the licensed surveyor and also by the supervised surveyor if relevant.  In the latter case, the supervised surveyor's full name should be recorded at least once in the field record.

Each page of the field record should bear a north point and should be cross referenced to the other pages.

Colour must not be used to impart information, for example:

• NOT ‘adjusted values in red’,
• OR ‘measurements in green added on 1.10.2021’,
• OR ‘amended as in red’.

Coloured text/linework can be used providing it can be reproduced legibly and considering the following factors:

• some colours may not scan or copy clearly
• purple text in field records is reserved for Landgate examiners.

The use of coloured borders is permissible provided they are used as follows:

• should not extend underneath figures or letters because they might obscure the text on the scans or copies,
• should be separated enough from any lines that their image is separate from the image of the line

Blue highlight pen (e.g., ‘textliner’, ‘textmarker’ etc.) must never be used in field records.

The use of point numbers is a useful method of making field records clear and unambiguous especially in descriptions of adoptions and comparisons and is strongly encouraged in all cases.

Because of the importance of legible copies of the field records for search purposes, lodged field records that do not meet the requirements may be refused lodgement or be delayed until a requisition is satisfied.

See SPP-19 Validation and Examination Practices 2 Inspections for information on field record inspections and examinations.  See APX-03 Field Record Examples for specific examples of field record presentation.

3 Field Record Index¹

Field records must have an index, or contents, page which includes a short descriptive title of each survey and contains adequate page number referencing. (See examples 1, 2, 3 & 4 of APX-03.)

The land description should state the outcome of the survey to match that used on the subject plan (plan number to be shown on the index page).  Other information to be recorded for each survey on the index page is as follows:

• the parent survey plan,
• WAPC reference number
• certificate of title number (where applicable)
• the survey information (search), including any CBD and Survey Index Plans/Keysheets, used.
• a reference to the suburb/locality and a road name.
• Geodetic connections effected as part to the survey.
• For Crown Surveys, the Landgate and/or DPLH file number and job number

To ensure that all jobs in the field record are recorded on the various Landgate indexes, only one index page that lists all the surveys is to be used.  If this list is long, the search and other details can be shown on other pages within the field record.

Each field record for a check survey, amendment survey or additional work should also quote the subject plan on the index page.

The surveyor's company telephone numbers and the postal address should be included for contact purposes, and any ‘in-house’ referencing (e.g., job number or field record reference number) may be recorded.  It is recommended that this information is included on the inside front cover of the field record.

In the case of a job in the field record not being the subject of a survey plan, it is important that the wording in the field record clearly indicates the purpose of the survey.  The use of the wording ‘repeg’, ‘identification survey’, ‘spike protection’, ‘cadastral connection’ or similar will initiate the cross-indexing of the field record.  (See example 1 of Appendix 3.)  The words ‘subdivision’ or ‘survey of’ will defer cross-indexing until a survey plan is lodged, except surveys for strata plans which are cross-indexed immediately. See ‘10 Field Records Lodged for Surveys that do not Proceed’ below for the situation where a field record is prepared for a subdivision that does not proceed through to plan lodgement.

Surveyors who are lodging a field record for a subdivision well in advance of lodging the plan can request that the field record be cross-indexed immediately to enable it to be made available to others in a timely manner.

Details of instruments used (manufacturer, model and serial number) and details of the latest calibration (calibration date, place, certificate number and the results of the calibration) should be recorded in the field record on the index page to assist in legal traceability to the standard for length.

4 Surveyor's Certificate¹

It is necessary for the surveyor to ensure that the ‘Surveyor's Certificate’ in the field record has been correctly signed.

Supervised surveyors are to avoid putting their signature and name in the places reserved for the licensed surveyor.

See also APX-06 6 Surveyor’s Certificate on Field Records.

Only licensed surveyors with a practising certificate current at the time of lodging can lodge field records with Landgate.

5 Re-establishment of Alignments¹

The nature, age, material and condition of old marks that have been found should be described and it should be stated which ones were adopted.

It is necessary for the surveyor to show all true line/boundary dimensions (distances and angles) of the pickup (calculated from offsets, traverses and radiations).  It is also necessary for a comparison to be shown between these calculated true line/boundary (distance and angle) values and the original values (and possibly other existing values).  This will allow a following surveyor to quickly evaluate each survey.

It is the surveyor's responsibility to demonstrate (preferably in the field record) the proof of the re-establishment of the alignments.  The above information will usually provide that proof, but in some cases the logic of adoptions may need to be described.

Only a small sample of lodged field records is fully examined, so any surveyor using your work as pickup needs to be satisfied as to its reliability from the information you provide in that field record.  Providing that visible proof in your field record will enhance your reputation.

6 Closures¹

To allow rapid appraisal of the survey, it is desirable that the surveyor record the misclosure of any figures for which a closure has been calculated (pickup as well as new parcels) (see SPP-03 Survey Guidelines Clause 12 Closures).  It is especially important that any miscloses outside the specified limits are recorded together with an explanation of why the miscloses were accepted.  It is useful to record brief details about the extent of the investigation that led to that decision.

7 Bearings in Lieu of Angles in Field Records¹

It is acknowledged that the use of plane/grid bearings is compatible with modern surveying equipment, computational software, the use of coordinates and field practices, but care must be taken in the way they are recorded.

The use of plane/grid bearings instead of angles in field records is a means of showing the positions of lines unambiguously but the traditional method of showing the angles which were measured records an additional redundancy.  In the event of a mistake, the extra redundancy helps to locate it.

The recording of only bearings in field records cannot indicate how many angles were observed or which angles were observed.  The risks in recording only bearings are magnified when some of these recorded bearings are not calculated from observed angles but are calculated from linear closures.

The situation is even more risky if some of these bearings are calculated from original work.  If either of the above two sources of bearings are used, they should always be clarified by annotations such as ‘cal’, ‘cal from closure’, ‘adj’, ‘cal from orig’, or similar.

Where bearings are set out the annotations ‘obs’ or ‘set’ could be used for clarity.

It is accepted that on a Special Survey Area subdivision (or a job based on a control network and with layout made at various times during progress of construction) it is not practicable for the surveyor to record the layout of new work.  In that situation the surveyor's responsibility for the survey is recognised and the unrecorded observations are accepted, and the use of bearings instead of angles is accepted as a legitimate practice.

The recording of clearly labelled directions from a single station is different from the recording of bearings.  Recording of directions is acceptable if there is no ambiguity in their use.  Directions can be clear while being economical of space.

8 Improvements¹

Improvements of a permanent nature (e.g., buildings and brick walls) within one metre of a surveyed boundary should always be located and shown in the field record.  They are excellent reference marks.

Connections to buildings and walls are regarded as monuments and have precedence over measurements, so the recording of such connections will allow the surveyor's intention to prevail if discrepancies are found in the future.

Connections to fencing, with a description of the nature of the fence, especially on rural surveys, is very useful information for later surveyors.

In all cases, the nature of the improvement/s must be clearly described.

In the Perth CBD, building fascias are often renovated so it is important to indicate the type of material connected to and the height of the connection.

9 Mark Gone¹

The term ‘gone’ should not be used unless the mark has conclusively been proven, after a competent search has been made, to be gone.  When any doubt remains, the term ‘not found’ should be used with a suitable description (e.g. ‘not found at 0.4 deep’), or an alternative (e.g. ‘presumed gone’ or ‘did not search, brick wall at location’) if a competent search was not made.

This could include a statement as to whether metal detectors have been used in the search.  E.g. ‘no signal at 0.4 deep’.

10 Field Records Lodged for Surveys that do not Proceed¹

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 layer (SIP view) within the spatial system, because subdivisional field records are linked to plans for automatic cross-indexing when the plan is lodged.  If the index page of the field record indicates a ‘Subdivision’ is proposed, Landgate would expect a plan to follow the field record to trigger the automatic cross-indexing.

If this situation arises (or has occurred in the past), surveyors should contact the Survey Inspection Team at Landgate and request the field record be cross-indexed onto the SIP View.

If for some reason a subdivision does not proceed and a field record has been prepared, surveyors are encouraged to lodge the record at Landgate but strikethrough the word ‘Subdivision’ and add the words ‘Spike Protection’ or ‘Repeg’.  This will ensure the field record is cross-indexed as soon as it is lodged.

Surveyors are also encouraged to request that a field record be cross-indexed if it is lodged a long time (e.g., several months) before the plan is expected to be lodged.  This will ensure that the survey information is available to others at the earliest possible time.

11 Making Amendments and Additions to Field Records²

For legal traceability, the standard practice when amending, adding to or replacing information held within a lodged field record is:

• Line through the incorrect information (make sure the information can still be read).
• Make the change or addition.
• Date and initial the change or addition.

The original date on the Surveyor’s Certificate cannot be removed but an additional date can be placed alongside.  When dating and initialling the change, the stated date is to be the date when the amendment was made.

The use of whiteout or removing information from any page or removing any page is not permitted.

The whole field record is lodged as an amended field record through the NLR-Plan Surveyor Portal.

If large changes are required, the page can be cancelled with notation “Cancelled see page...”, (the cancelled page remains part of the amendment) and the new pages can be added to the end of the field record.

If the change or amendment is requested from the Survey Inspection Team, then a further notation such as “information added at the request of Inspecting Surveyor <name of Inspecting Surveyor> on <date>” is required on each of the pages that required amendment or additions.  This date cannot be earlier than the lodgement date of the field record.

¹Section updated 11/01/2022

²New section added 11/01/2022

Version 3 - 04/04/2023

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.

Guide fully reviewed and rewritten 04/04/2023

1       Plan Forms

2       Pre-Allocation of Plan and Field Record Numbers

3       Multiple Sheet Plans

4       Scale should be Suitable to Show Detail

5       Graphical (Bar) Scale

6       Orientation

7       Line Styles

8     Text Styles

9      Symbols

10      Old Lines to Complete Surround

11   Connections Between Severances

12       Measurement Content

13       Measurement Presentation

14       Balance Lots

15      Multiple Owner Subdivision

16       Freehold: Land Acquisitions

17       Crown Land Acquisitions

18       Rural Road Dedications and the Non-Extinguishment of Native Title

29       Adverse Possession Claims

20       Isolated Crown Surveys

21       Residue Land Solutions

22       Road Widths

23        Road Names

24        Connections across Roads

25        Truncations and Road Widenings

26        Areas

27        Subject Land Total Distance

28         Abuttals

29        Enlargements and Displaced Detail

30        Water Features

31        Colouring

32        Fixation of Surveys

33        Lot Number Duplication

34        SSM Depiction

35        Azimuths and Grid Bearings

36        Administrative Boundaries on Crown Plans

37        Permanent Improvements as Boundaries

38         Encroachments, Building Connections

39         Parcel Identifier within Subject

40         Pastoral Leases

41         Unmarked Defined Boundaries

42         Compiled Plans

43         Depiction of Mineral Reservations

44         Depth Limits

45          Lot Numbers for Vesting Lots and Land Acquisitions

46          Depiction of Original Unsurveyed Boundaries

47          Curved Boundaries

1 Plan Forms

Plan form templates are available in the e-Plan Kit accessed via My Landgate Survey Channel.  e-Plans are to be lodged in accordance with the e-Plan Guidelines in Appendix 6.

2  Pre-allocation of Plan and Field Record Numbers

Surveyors must obtain from Landgate pre-allocated numbers for Deposited Plans, Scheme Plans and field records.  The numbers are only pre-allocated to a survey firm, not an individual surveyor.

To avoid or minimise enquiries being made at Landgate about unlodged Plans and/or field records using pre-allocated numbers, surveyors should indicate on any copy of a Plan provided to a client or conveyancer that the copy is an ‘unlodged version’.

Numbers will be pre-allocated to survey firms by applying to Landgate via email at planreg@landgate.wa.gov.au.

The subject heading of each email should be ‘Pre-allocated Numbers Request’.

3  Multiple Sheet Plans

Regulation 10 of the Transfer of Land (Surveys) Regulations 1995 limits the number of sheets in a deposited plan to 4 unless the Inspector of Plans and Surveys or an Authorised Land Officer approves a greater number of sheets.

The Inspector of Plans and Surveys has approved Deposited Plans with a purpose of ‘Subdivision’ to be comprised of an unlimited number of sheets. The principal criteria to use when preparing such Plans is the clarity and accuracy of the information depicted.

The recommended practice for depicting surveys on Plans involving more than two sheets is for the first graphics sheet to be an index to subsequent sheets.

Sheets should be individually numbered and cross-referenced to the other sheets for that Plan.

4  Scale should be Suitable to Show Detail

An appropriate metric representative fraction should be chosen and should be sufficiently large, such that when Plans are reduced to A4 size, all detail is clear and legible.

The preferred scales are:

1:750   1:1500 1:3000 1:6000

1:1000 1:2000 1:4000 1:8000

1:1250 1:2500 1:5000 1:10000

or multiples or divisions of 10 thereof.

It is preferred that enlargements are drawn at a larger scale but where this is not practicable the enlargement must be clearly annotated as being ‘NOT TO SCALE’.

5  Graphical (Bar) Scale

A graphical (bar) scale suitable for measuring distances on the Plan shall be shown on each graphics sheet. It is best practice to show the Bar Scale close to and under the Representative Fraction.

6  Orientation

The orientation of the Plan is to be indicated by a north point arrow which should be at least 100mm long.

All portal plans shall be oriented with north pointing to the top on all sheets.

For CAD plans, it is highly recommended that the Plan be oriented with north pointing to the top on all sheets.

However, the orientation may be rotated to incorporate a best scale for the shape of the subject land, if a ‘north up’ orientation will cause an excessive number of sheets to be drafted.

Survey Sheets shall be oriented the same as all other sheets of the plan.

The free text annotations must be inserted parallel to the bottom of the Plan regardless of the direction of the north point.

The north point should never point generally downwards.

7  Line Styles

The Line Styles that should be used:

8  Text Styles

The text sizes and styles listed are those recommended to ensure readability of plans when photo-reduced, reproduced or faxed.

Test Sizes and Styles

The font used for these texts is to be of a type such that the first priority is optimum legibility of a reduced size copy. It should be an open style without serifs and with clear distinction between similar shaped figures and with a readily visible decimal point. The preferred font style is ISO 3098 or similar. Black text and line work only is to be used on Plans.

9 Symbols

Refer to regulation 51 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 for symbols and annotation concerning posts, pegs and intermediate marks.

Where marks are gone and it is not possible to place a mark at the original position (that is, the new mark is offset from the original position), then the mark is shown as MG or OMG- not MGR or OMGR.

The survey type when a mark is originally placed determines the annotation from then on. Marks placed at corners created by Crown surveys will always be either OM, OMR, OMG or OMGR regardless of whether they are replaced by a freehold survey.

Similarly, corners originally marked during a freehold survey will always be MF etc.

In rural surveys mileposts and kilometre posts shall be shown as a double circle and the notation 1 MP, 1 KMP or if found or replaced 1 MPF, 1 KMPF, 1 MPR, 1 KMPR. (See plan example 29.)

10 Old Lines to Complete Surround

Where existing angles and distances are used to complete the surround of a survey, dimensions from the latest existing surveys should be used.

In some cases, information from field records can be used where it is clearly proven and differs considerably from original surveys.  The new field record must refer to the original field records adopted for the surround dimensions.

Where angles and complete distances are shown, these shall be labelled ‘orig’ and no existing intermediate distances and marks shall be shown.

It is not necessary to include the ‘orig’ labelling on deposited plans for Special Survey Area subdivisions provided the surveys have been carried out by the same survey firm.

If the surround or part of the surround of a Special Survey Area subdivision is measured by a different survey firm, the ‘orig’ labelling must be used

The surround field records must be shown in the ‘Field Records’ field on the Plan.

Where a line is comprised of both existing and new work, the existing portion is labelled ‘orig’ and is shown without intermediate distances and marks. The total distance should be labelled ‘per orig’ (as should any angles and distances calculated from a combination of existing and new measurements).

Circles (indicating survey pegs or posts) should not be shown at original lot corners unless marks were found at those corners. Corners not marked should be shown without a circle.

CSD files need to supply ‘relativity’ between any severances captured unless real world coordinates are provided. This could be achieved by a traverse through cadastral alignments or a single calculated tie.

11 Connections between Severances

Where practicable, connections between severances should be shown on Deposited Plans.

Ideally, severances should have separate lot numbers, but this may not always be possible.

The position of parcel severances is defined by the abuttals. Any connections between severances shown on a Plan are of secondary importance to the abuttals.

12 Measurement Content

The total length of each individual lot boundary line must be shown on the plan.

Distances to and between intermediate marks must be shown.

Intermediate distances must be rounded such that they sum to the total distance, which is the total measured distance.

13 Measurement Presentation

Distances shall be shown in metres to the nearest 0.01 metre.

Refer to the SSA Guidelines for treatment of distances on Survey Sheets.

For distances less than one metre, the decimal point shall be preceded by a ‘0’ (e.g. 0.75 not .75).

‘0’ need not be shown as the last character of a distance to the right of the decimal point (e.g.15.10 is expressed as 15.1).

Angles shall be shown to the nearest second.

Zero seconds or zero minutes and seconds need not be shown (e.g. 170°0’0” is expressed as 170° and 170°11’0” is expressed as 170°11’).

See Section 27 for the presentation of areas.

14 Balance Lots

Regulation 5(1) to (3) 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 as a separate lot or lots. See plan examples 2, 11 and 53.

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 to include:

‘and Dedicated Roads (Lot 300)’.

See plan example 85.

Sub-regulation (5) states that if the boundaries of the residue are extensive the Registrar of Titles, Inspector of Plans and Surveys or an Authorised Land Officer (ALO) 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.

Sub-regulation (6) states that the Registrar of Titles or an ALO may direct that sub-regulations (1) to (5) do not apply to a particular Plan of Crown Land. Such situations will most likely occur where UCL, Pastoral leases, State Forests and large reserves are involved.

Formal applications for an exemption under regulations 5(5) and 5(6) are necessary. (See plan example 100.) The approval of either the Registrar of Titles, Inspector of Plans and Surveys or an ALO as the case requires must be obtained before these exemptions can be used.

Surveyors shall identify any balance lots that are not to receive servicing facilities, by using a lot number in the 9000 number range.

Any ‘super lots’ that are the subject of future stages in the subdivision must be identified using the 9500 number range.

These number ranges indicate to the planning authorities that subdivisional conditions relating to the utility servicing and land access will not generally apply to these lots.

Where a large balance lot has many abutting lots and roads such that it is difficult to show all the abutting lot numbers and road names at a suitable scale, the abuttals may be depicted by line-work and references to the relevant plan numbers only.

15 Multiple Owner Subdivision

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 ‘former tenure table’ shall clearly show the previous tenure of each new lot. (See SPP-10 Plan Practices Section 7) to assist the preparation of the conveyancing documentation and new title creation.

16 Freehold: Land Acquisitions

Where an acquiring authority has reached agreement with the affected registered proprietors, the process can be treated in a similar manner to a normal subdivision.

The Plan shall show the complete details of the residue parcels which shall be given a new parcel identifier.

The application for New Titles, including the Titles of the residue lots, shall contain the signatures of all the registered proprietors of the subject land.

The acquired lots then transfer to the acquiring authority or the ‘State of Western Australia’.

If the acquired land is to be a road, another option is a road dedication.

It may be possible to allocate only one lot number to the whole of the acquired land, in which case the taking orders shall refer to the relevant portions of the lot.

No partial approvals are permitted with acquisition Plans affecting Freehold Land– the application for New Titles shall include all lots shown on the Plan.

Where an acquiring authority is unable to reach agreement with the registered proprietors, the registration of a ‘Notice of Intention to Take’ against the affected Title is required.

The registration of a ‘Taking Order’ will cause the issue of New Titles to the acquiring authority for the acquired land.

The ‘Taking Order’ will also trigger the ‘automatic’ creation of any balance Titles. No sundry documents are required.

It is not possible to show sole subject road dedications on Survey Plans where a residue (i.e. part lot) is created.

Such dedications shall be carried out in the same manner as a normal subdivision with the residue land being allocated a unique parcel identifier.

Section 168(5) P & D Act can be used for sole subject road dedications where the subject is a whole lot or all of an existing part lot.

See plan examples 5, 11, 85, 95 and 102.

See also see SPP-11 Specific Plan Purposes Section 1.

17 Crown Land Acquisitions

A Crown Plan type must be used where Crown Land is involved and it is intended that the land acquisition lead to road dedication or Crown easement creation.

In this case, there is a requirement for a Crown Land Title to be prepared for registration of the ‘Notice of Intention to Take’ and the ‘Taking Order’.

Where Native Title rights exist, staged plan approval may be required.

See plan examples 54, 61, 70, 71, 100 and 104..

18 Rural Road Dedications and the Non-Extinguishment of Native Title

Section K of the Native Title Act 1993 (Cth) NTA) deals with the provision of facilities to the public and allows for the non-extinguishment of Native Title.

In accordance with a Government Task Force’s recommendations, Section K of the NTA and the non-extinguishment principle is applied to many rural road dedications.

This means that Native Title exists during the currency of a rural road dedication, but is suppressed whilst the road remains dedicated and the public has the right to use the road.

Relevant authorities can maintain the road.

Native Title re-asserts itself and takes precedence when the road, or a portion of it, is closed, and the land reverts to being Unallocated Crown Land.

Plan examples 104 and 105 indicate how the non-extinguishment principle is to be depicted on deposited plans within the Interests and Notifications schedule.

Specific Native Title holders shall be shown in the ‘Benefit To’ column.

19 Adverse Possession Claims

The plans for Possessory Title applications (see SPP-15 Possessory Applications and Bringing Land under the TLA) need to be prepared in the same manner as multiple owner subdivisions with all portions of land uniquely identified on one Plan.

As the landowner adversely affected by a successful claim is unlikely to sign any documentation, balance Titles automatically issue on registration of a sundry document or on direction from the Commissioner of Titles.

Refer to STP-18 Adverse Possession and Strata Titles for when a successful claim adversely affects a Strata/Survey-Strata Scheme.

20 Isolated Crown Surveys

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 being shown on the plan. (See Section 15 Balance Lots.)

Plans of isolated parcels that are not connected to the State Geodetic Network must show bearings and an azimuth source.

21 Residue Land Solutions

There are some situations where the depiction and/or definition of residue land in a subdivision results in difficulties for surveyors. The following should assist surveyors in dealing with most of the difficult situations that are likely to occur.

21.1 Multiple Lot Titles

Surveyors and landowners/developers should note that the following options are currently available when undertaking subdivisions or acquisitions of land held in multiple lot titles:

21.1.1

In the case of a subdivision, the landowner/developer may elect to have the residue land shown on the plan as a new single balance lot. This option is not currently available for a proposed acquisition for public purposes.

21.1.2

Alternatively, the landowner/developer may opt to apply for separate Titles or a single balance title for the residue land.

21.1.3

A Plan may be lodged where the former tenure includes a whole individual lot (or lots) within a multi-lot Title (i.e. does not cover all lots contained in the Title). Any remaining original lots will continue to exist on a multi lot title.

21.1.4

For acquisitions/takings under the LAA this may be achieved by a sundry document. The former tenure table on the Deposited Plan must clearly show that only a ‘part’ of the multi-lot Title is included in the Plan. A further sundry document may be required following registration of the taking to create a balance of the multi-lot Title.

21.1.5

In some situations involving acquisitions/takings under the LAA, it may be more practicable for Landgate to partially cancel the multi lot Title. In these situations, Regulation 5(6) of the Transfer of Land (Surveys) Regulations 1995 will apply and no residue land is to be depicted on the acquisition Plan. See plan example 85.

21.2 Possessory Applications Claiming Part of a Multiple Lot Titles

Where a possessory application is lodged claiming part of the land contained in a multiple lot Title, the resultant Deposited Plan must show the residue of any affected lots as new lots.

Lots not affected by the claim should not be depicted on the Deposited Plan.

The former tenure table on the Deposited Plan must clearly show that only a ‘part’ of the multi-lot Title is included in the Plan.

Landgate will register a sundry document following registration of the possessory application to include the unaffected lots and the new balance lots from the old multi-lot Title in a new multi-lot Title.

21.3 Road and Road Widenings from Extensive Freehold Parcels

Where a road or road widening is proposed to be acquired from an extensive Freehold parcel such as a golf course, an application in writing may be made to the Registrar of Titles to utilise regulation 5(6) of the Transfer of Land (Surveys) Regulations 1995. If the application is approved, no residue land needs to be depicted on the Acquisition Plan. (See plan example 85.)

The Plan is to be annotated ‘Lot ____ to be acquired under Part 9 of the LAA is Crown land for the purposes of Transfer of Land (Surveys) Reg 5(6)’.

21.4 Excisions from Corridors

Where a new development requires an excision from a road, railway, drain or similar infrastructure corridor for which no Title exists, it is not necessary to show the residue of land in the corridor on the new Deposited Plan depicting that development.

If an excision occurs from an extensive road, railway, private Right of Way, drain or similar corridor, that is held in a paper Certificate of Title early contact with the Inspector of Plans and Surveys at Landgate must be made to allow an assessment on whether a balance lot for the residue land is required.

Some of the options available in such situations include:

21.4.1

Landgate resolving the situation by amending the original Plan by allocating a ‘lot on plan’ identifier to a manageable portion of the corridor (usually a portion within a street section).

21.4.2

Landgate preparing a new graphic to allow digital Titles to capture the corridor or part of the corridor, in manageable portions.

21.4.3

In rare cases, it may be more practicable for Landgate to maintain the paper Title and the relevant graphic. In these situations, regulation 5(5) of the Transfer of Land (Surveys) Regulations 1995 will apply and the new Deposited Plan is to contain an annotation stating that the residue land in the Title for the corridor is not fully depicted on the Plan.

22 Road Widths

Road widths within the Plan must be shown. See SPP-13 Roads Section 13.

For Crown Grant roads, see SPP-13 Roads Section 14.

23 Road Names

Any roads created on a Plan require a name approved by Landgate under Sections 26 and 26A of the LAA on behalf of the Minister for Lands.

This approved name should be shown on the Plan and in relevant field records.

Refer also to Policies and Standards for Geographical Naming in Western Australia.

New road names require the endorsement of the relevant local government, and it is essential that the names are proposed early in the land development process and conform to the Policies and Standards to avoid delays in the approval process.

The extent of road names for both newly created roads and existing roads must be easily recognised on the face of the Plan. See plan example 53.

All lodging parties are required to include all relevant road Approval documents at the time of lodgement of the Plan where the Plan contains a new Road or Road Extension. The road name Approval must match the design layout as Approved by Geographic Names.

Names and layout of existing Approved roads should be obtained from Map Viewer Plus. If there is conflict or uncertainty regarding road names, contact Geographic Names.

Where a previously dedicated road is being defined by survey, the heading of the Plan is to include:

“& DEDICATED ROAD”

24 Connections across Roads

Connections across roads, consisting of an angle from an alignment and the distance across the road, must be recorded on the plan at each angle point; at a suitable scale, using enlargements and additional sheets as necessary for clarity.

It is acceptable to omit the half angles in the case of parallel road alignments. Connections between the angle points of a series of shorter boundaries that comprise the sides of a parallel road in a town or suburban subdivision may be omitted such that there is no more than 50 metres between connections, and providing that there is a connection across the road at the end of each straight section longer than 50 metres.

These distances may be extended to 100 metres for rural and rural-residential subdivisions.

25 Truncations and Road Widenings

Regular and irregular truncations (i.e. unequal set back distances) on a Plan of subdivision must be labelled ‘ROAD WIDENING’. If the road widening does not automatically dedicate, a parcel identifier (i.e. Lot Number) must be added.

Land for the purpose of adding to a public street or road is to be labelled ‘ROAD WIDENING’. See plan example 56.

26 Areas

For areas less than 10,000 square metres area is shown to the nearest square metre (e.g. 9446 m²).

For areas of 10,000 square metres or greater, area is shown in hectares to four decimal places (e.g. 9.2713 ha).

‘0’ need not be shown as the last character of an area to the right of the decimal point (e.g. 6.4500 ha to be shown as 6.45 ha).

Areas are to be shown for each distinct parcel of land shown on the Plan with the exception of roads that automatically dedicate under section 168(1), (2) of the P & D Act and areas are to be shown for all road widenings that automatically dedicate under section 168(3) of the P & D Act and section 28(1) of the LAA.

27 Subject Land Total Distance

A distance may be shown along each external boundary of the subject land to define the extent of the subject land.

The distance shall be placed in parentheses if the subject land total distance is the sum of two or more land parcels.

28 Abuttals

All lots abutting the land the subject of the Plan for which certificates of title have issued at the time of lodgement of that Plan shall be identified by their lot on Plan numbers.

Where a large balance lot has many abutting lots and roads such that it is difficult to show all the abutting lot numbers and road names at a suitable scale, the abuttals may be depicted by line-work and references to the relevant Plan numbers only.

Lots on Plans that have been lodged but not yet approved (shown on the “lodged layer” within the SCDB) must not be shown as abuttals unless sound knowledge is demonstrated by the surveyor that lodgement of dealings for those lodged Plans is imminent. This will usually only apply when the surveyor who certified the ‘lodged layer plan’ is the same, or from the same firm, as the surveyor lodging the current plan.

Freehold Plan numbers are to be prefixed by either ‘P’ or ‘DP’ as appropriate. Freehold diagrams lodged prior to 1 July 2000 are to be numbered with a prefix ‘D’ and Scheme Plans as ‘SP’. Dual-numbered Crown plans and diagrams are to be shown as their DP number only.

Where the duplicates (“mini-plans”) of subdivisional Plans were drafted as multiple sheets for convenience, Plan sheet numbers need not be shown.

If the original Plan is a multi-sheet ‘Deposited Plan’ using the new Plan format, the sheet number should not be included.

The numbers of all adjoining Crown reserves should be shown.

Note

For abutting private rights of way and private roads, see SPP-14 Easements, Covenants, Notifications and Other Interests Section 6.

If an abutting road is necessary for access into the subject Plan, then the name of that abutting road shall be shown on the subject Plan, and the subject Plan will be made In Order for Dealings subject to the approval of that abutting Plan if it is not already approved.

In many country townsites, for example Kalgoorlie, there are many public undesignated accessways created on Crown Plans and Diagrams. These are shown with the DP number and designated ‘Public ROW’ in brackets.

When a lot abuts a public or private road, ROW, PAW (even 0.1 metre wide), drain reserve or waterway, the extent and location of that abuttal is important to the proprietor. The information is usually provided incidentally by the dimensions of the subject lot and the placement of the name or description of the abuttal.

In those infrequent cases where an abutting public or private road, ROW, PAW, drain reserve or waterway is not located exactly by other dimensions, sufficient extra external surround dimensions should be added to the Plan to indicate the position and extent of that abuttal.

Where main roads or highways are abuttals, the notation ‘Proclaimed Highway’ or ‘Main Road under the Main Roads Act’ is to be shown with the Plan number and a lot identifier if there is one. If the highway has a name, it should also be shown. Typical examples of these highways are Tonkin, Roe, Reid and the Bunbury-Busselton Bypass. Some of these roads are not dedicated and remain under the TLA where the Crown or the Commissioner of Main Roads are the registered proprietors.

Sections 13, 14 and 28A of the Main Roads Act 1930 are relevant to the proclamation of highways and main roads, and the control of access to them.

Abutting railway reserves (Crown or Freehold) are shown with the Plan number and labelled ‘RAILWAY’.

Abutting drain reserves (Crown or Freehold) are shown with the Plan number and labelled ‘DRAIN’.

Where an abuttal is the subject of a Strata Titles or Community Titles Scheme; the Scheme Plan number should be placed (in brackets and prefixed) under the DP number under the parent lot number for the abuttal.

28.1 Depiction of Part Lots as Abuttals

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 all converted in the spatial database to be shown as whole lots.

New Deposited Plans should show these lots (i.e. former part lots that have been captured as whole lots), as whole lots, where they exist as abuttals.

28.2 Dual Numbering of Crown Plans and Diagrams

To enable Freehold Titles that exist over lots/locations depicted on the various types of Crown Plans and Diagrams to be captured in the registrations system, it has been necessary for Landgate to allocate them a Deposited Plan (DP) number. The table in SPP-02 Searching Landgate Records Section 5 indicates the number ranges allocated to each Plan or Diagram type.

Dual-numbered Crown Plans and Diagrams are to be shown as their DP number only.

29 Enlargement of Displaced Detail

To maintain clarity or overcome a lack of space, enlargements or arrowing in detail may be used.

The arrowed in, displaced detail should be parallel to the line in the case of a linear measure and on the half angle in the case of an angular measure.

Enlargements need not be drawn to scale.

Ambiguous labelling of enlargements is to be avoided.

If other components in a plan (e.g. easements, cross-sections or access restrictions) require labelling, different letters of the alphabet should be used.

It is often required to depict a parcel at the end of a long traverse in remote areas. In such cases, the entire survey at scale (parcel and traverse) is to be depicted with suitable enlargements for the parcel.

Insets are usually required for:

• Lands for Revestment
• Crown Land Amalgamations
• Closed Roads within the subject

Easements over Crown Land for inclusion.

30 Water Features

Where lines of coasts, rivers, lakes, swamps or watercourses form part of the boundary to a lot, these should be shown by full black lines and suitably named where appropriate. See plan examples 9, 57 and 59.

A notation to be used for when HWM is the boundary is as follows:

‘Reference to 'high water mark (HWM)' means as defined in the Land Administration Act 1997’.

Both sides of non-tidal watercourses should be shown where practicable and an arrow denoting the direction of flow of the stream.

Showing a water boundary as an abuttal requires an annotation as to the nature of the boundary definition e.g., ‘HWM’, ‘Boundary is low water mark’ or ‘not a riparian boundary’.

If any ambiguity exists or boundaries are determined from aerial photography then an annotation should be used (e.g. in the case of a retaining wall, ‘High Water Mark’ or in the case of aerial photography ‘HWM drawn from 2022 aerial photography’).

If inconsistencies in the boundary definition are found, the situation should be resolved with the Inspector of Plans and Surveys before lodgement.

When tidal boundaries are located on the ground by setting out a contour at a height above AHD calculated to be at the definition of HWM; those boundaries on the plan should carry the annotation- ‘High Water Mark (at.......m above AHD)’, quoting the actual height adopted above the Australian Height Datum.

Refer SPP-05 Surveys of Water Boundaries for information on surveys of water boundaries.

31 Colouring

The colouring required on both Crown and Freehold Plans is as follows:

• A green border is to be shown along the boundaries of the subject land.
• New section 167 of the P & D Act easements in favour of a local government are uncoloured.
• New section 167 of the P & D Act easements in favour of the Water Corporation are uncoloured.
• New section 167 of the P & D Act easements in favour of the holder of a gas distribution license (such as Alinta Gas) or Electricity Generation Corporation, Electricity Networks Corporation, Electricity Retail Corporation, Regional Power Corporation are uncoloured.

New roads within the subject land, pedestrian accesses, both private and public ROWs, abutting vested PAWs and ROWs, abutting private ROWs, abutting public road and public ROWs (those created on a Crown survey Plan/diagram), abutting Crown reserves, abutting railway reserves, abutting drain reserves, water features and abutting State forests are all to be left uncoloured. Full descriptions of private road abuttals are required in lieu of colouring. (See Section 22.)

32 Fixation of Surveys

The Plan of an isolated survey must show a connection or tie to an existing cadastral boundary so that the survey can be located in relation to the existing cadastre.

To help locate surveys, it may be useful on to show connections to nearby road intersections or other distinctive survey features.

33 Lot Number Duplication

See SPP-21 Subdivision and  Project Management Issues Section 9.

34 SSM Depiction

On rural Crown surveys, all SSMs connected to must be shown on the Plan.

For GNSS surveys, the calculated mid-azimuth derived from the GNSS observation shall be shown to the nearest second.

Coordinates of SSMs are not to be shown.

The only information to be shown is the SSM name.

See plan example 64.

35 Azimuths and Grid Bearings

Azimuths or Grid Bearings need only be shown on Plans when specific guidelines for a type of survey require that they be shown (e.g. Isolated Crown Surveys, Road Casement Surveys).

The source of any adopted azimuth or bearing shown on Plans is to be included in the graphic area of the Plan form. Examples of possible sources include:

• an existing Plan or diagram,
• an observation for azimuth (astronomic or GPS),
• geodetic connection, and
• the SCDB (include date of download/enquiry).

36 Administrative Boundaries on Crown Plans

The following administrative boundaries are to be shown on Crown survey Plans:

36.1 Townsite Boundaries

Townsites were created by both the former Land Act 1933 (LA) and by the Local Government Act 1960 (LGA).

All LGA townsites became LA townsites upon proclamation of the Local Government

Act 1995.

Section 26 of the Land Administration Act 1997 is now the head of power for townsites.

36.2 State Forest Boundaries

When creating:

• Lots ex State Forest - boundaries to be shown around the subject ceasing at road (indicating that State Forest also exists on the other side of road).
• Roads (sole subject) through State Forest - no boundary to be shown.
• Roads (sole subject) with one State Forest boundary - boundary to be shown.

Note:

The depiction of a State Forest boundary must indicate one side of the boundary is State Forest.

36.3 Other Administrative Boundaries

Agricultural Area, Suburban Area and Estate Area boundaries may be shown.

Port Authority Boundary must be shown.

Local Government boundaries (only for Road Casement Surveys by Limited Marking – regulation 26A as issued by Main Roads WA).

Note:

Refer Section 9 for line styles.

37 Permanent Improvements as Boundaries

When permanent improvements are intended to form a boundary (e.g. building or fence line) then graphic depiction of that improvement is required along with detail of corner definition.

38 Encroachments, Building Connections

If part of a building, wall or other significant improvement is built such that it crosses over the boundary between the subject land and an abutting lot, the encroachment must be recorded on the plan. Connections to buildings, walls and other types of significant improvements that are close to, but do not cross over, the boundary of the subject land may be recorded on the plan at the surveyor’s discretion.

39 Parcel Identifier within Subject

Wherever possible the Parcel Identifier is to be shown within the subject and orientated parallel to the base of the Plan.

If the subject land comprises a reserve, the reserve number is to be shown unless it is known that the subject land is to be removed from the reserve, or the reserve is to be cancelled, during the dealing of the Plan.

40 Pastoral Leases

A broken station name is to be shown e.g. ‘IDA VALLEY STATION’ along with any current lot numbers.

Connections must be shown to the nearest pastoral lease boundary from any surrenders/excisions.

41 Unmarked Defined Boundaries

Boundaries which have been spatially determined but which have not been fully marked will be symbolised by an unbroken line.

A description of the approval pursuant to either general regulation Reg 26A or Land Administration regulation 21(1) shall be shown within the ‘Survey and Plan Notation field.

Examples of these are:

1. surveys using GNSS methods, providing monuments and/or DRMs have been placed at each corner
2. road surveys through State Forest and timber reserves, where the boundaries have only been partially marked
3. road surveys where one boundary has been marked by traditional methods with the opposite side being calculated
4. boundaries with distances between intermediate marks exceeding 250 metres
5. limited marking road casement surveys. See plan examples 70 and 71.

In all these cases, the boundary dimensions are accurately determined by survey and can be accurately fixed on the ground in the future.

Boundaries that have no mathematical or spatial integrity and have not been surveyed can be shown on certain Crown Plans by a broken line; usually where the land is not to be alienated.

Additionally, unmarked boundaries of very large parcels that are defined by geographical coordinates and long connections from existing geodetic survey marks should be shown with broken lines to indicate that a survey specifically for defining those boundaries has not been carried out.

The geodetic datums shall always be stated when providing a set of coordinates and/or height.

See Section 47 below for the depiction of ‘Sketch on Transfer’ boundaries and boundaries created from subdivisions by description.

42 Compiled Plans

Compiled Plans may be used in some situations pursuant to regulation 4 of the Transfer of Land (Surveys) Regulations 1995.

It can be applicable to cases where the boundaries of the subject land have previously been defined by approved Plans, cancelled surveys, superseded surveys, lodged field records and Plans certified correct but not yet dealt on.

Surveyors are reminded of the strict procedural guidelines associated with the use of Operational Directives such as Executive Minutes 10/92, 17/90 and Survey Registration Minute 1/98, when creating Complied Plans.

Any enquiries regarding these directives are to be referred to the Inspector of Plans and Surveys.

See APX-02 Operational Directives and plan examples 58, 66 and 67.

Angles and distances used in the compilation are derived from the best available information for the subject land boundaries.

The information is to be obtained from the latest measurements shown on both Crown and Freehold Plans, either parent Plans or abutting Plans, for either part or all of an existing boundary; and also plans of mining tenements where appropriate.

In the case of sketch on transfer boundaries, the title distance is used in the compilation.

Where imperial distances have been metricated on the working copies (duplicates) of Plans and diagrams, for example, 100 links and 90 links, which convert to 20.117 and 18.105 respectively, they are shown as 20.12 and 18.11 respectively on the “duplicates”. An amalgamation of lots with these distances would give a total imperial distance of 190 links which, when metricated, gives a total distance of 38.22 metres, and not the 38.23 metres obtained from a sum of the metricated values. So, when compiling from imperial surveys add the required imperial distances to give a total and then convert that total to metric. In some cases it may require the field record to be searched to determine the correct dimensions.

On older Crown Plans the practice was to round off the total boundary distance to the nearest link. In these cases, Title distances take precedence.

The exception to this rule is when the shape of the original Title is changing by compilation of a couple of lots. In this case use the original measured distance before the rounding.

Field record values may be used on the compiled plan in some situations (e.g. in the case of excessive miscloses or where a repeg field record provides more accurate values than the latest original plan or diagram).

Boundaries for compiled lots (other than those created by a  freehold subdivision) may be calculated (see plan example 8) providing:

1. the calculated boundary is less than 250 metres in length (i.e. does not require an intermediate mark),
2. the calculated boundary is between two previously marked corners or bends of parcels with live titles, and
3. a site inspection has been made to ensure that there is no conflict caused by the proposed boundary position and that the new boundary can be identified by the proprietor.

Compiled plans cannot be used to re-instate boundaries that have been extinguished by an amalgamation or re-subdivision.

“Boundary lines” that were surveyed in the past, but which have not been used to define land boundaries, must be re-surveyed for them to become boundaries again – see as follows for an example of such a situation:

Where a distance on a compiled Plan comprises partly calculated/about and partly surveyed components, the separate components must be shown along with a ‘cal’/’abt’ total distance.

As a compiled Plan does not involve a survey, all the angles and distances are original.

By convention the suffix ‘ORIG’ should not be shown on any dimension.

Survey marks and intermediate distances are not shown.

A notation stating the Plans/diagrams, Certificate of Title, survey graphic, field record or other sources from which the compilation was derived is required.

Circles (indicating survey pegs or posts) should not be shown at lot corners on compiled plans.

The ‘Field Records’ field in the Survey Details section on the plan ‘administration sheet’ heading shall show the notation ‘COMPILED’ to indicate a compiled Plan.

For the preparation of compiled Plans within the CBD areas of Perth, West Perth and Fremantle see SPP-02 Searching Landgate Records.

43 Depiction of Mineral Reservations

The following outlines the requirements for the depiction of mineral reservations affecting land.

43.1 Reservations in Crown Grants

Mineral reservations contained in the original Crown Grants need not be depicted or recorded on Deposited Plans.

Each digital Title contains a prefatory statement that indicates that the land in the Title is ‘subject to the reservations, conditions and depth limits contained in the original grant’.

43.2 Lands Affected by Section 15 of the Public Works Act 1902

Prior to 1953, section 15 of the Public Works Act 1902 excluded from resumptions all minerals except those necessary for the construction, support and maintenance of public works.

Where minerals had been alienated and the land resumed, an undefined portion of the minerals remained unresumed, causing problems for the then Titles Office determining what had and what had not been resumed.

Crown Grants issued after the introduction of the Land Act 1898 had all minerals reserved to the Crown, making the situation clear from then.

The earlier grants of land (including grants under the Deeds Office system) prior to 1898, where portion of the minerals were alienated, remained a problem until in 1953 section 15 of the Public Works Act 1902 was amended to retrospectively provide that all minerals were included in any resumptions.

Section 15 was repealed in 1997 and replaced by section 164 of the LAA.

Titles to land affected by this provision will show different endorsements depending on the circumstances involved.

If the whole of the land is affected the endorsement may state; ‘save and except the rights to mines of coal or other minerals’, or ‘the right to mines of coal or other minerals being excluded from the said land’.

If portion of the land in a Title is affected the endorsement will usually state; ‘the right to mines of coal or other minerals being excluded from portion of the said land’.

In the past, areas affected by section 15 of the Public Works Act 1902 were indicated on the ‘working copy’ Plans (i.e. mini Plans and duplicate diagrams).

Landgate’s imaging system provides copies of the working Plans. These Plans are no longer produced by Landgate and it is now necessary to show the affected areas on Deposited Plans.

Working copy Plans indicate affected areas in one of two ways. The affected areas are hachured and the Plan annotated ‘Portion hachured subject to section 15 of the Public Works Act 1902’. In some cases, the unaffected areas are hachured and the plan annotated ‘save and except the portion hachured subject to section 15 of the Public Works Act 1902’.

Some roads closed and amalgamated under the former Road Districts Act 1919 were also subject to mineral reservations and are shown on ‘working copy’ Plans as affected by section 15 of the Public Works Act 1902.

Roads closed and amalgamated under the Land Act 1933 or the LAA are not affected by the provisions of section 15 of the Public Works Act 1902.

Where land affected by section 15 of the Public Works Act 1902 has been revested in the Crown, the provision no longer applies to the land revested. Lots that are revested are identifiable on the existing ‘working copy’ Plans by a ‘Revested’ notation or a change in the parcel identifier (lot number) to a Crown allotment.

If all the land in a new Deposited Plan is affected by section 15 of the Public Works Act 1902 there is no need to show on the Plan that the lots are subject to mineral reservations as this will be carried forward onto any new Titles created.

Where a portion of the land in a new Deposited Plan is affected by the former section 15 of the Public Works Act 1902 the Plan must show the subject portion and the Schedule of Interests and Notifications must indicate the new lots affected. See plan example 18.

In general, surveyors must bring forward onto new Deposited Plans the mineral reservations depicted on the ‘working copy’ Plans.

Portions of land affected by section 15 of the Public Works Act 1902 are usually not dimensioned on Titles or working Plans.

Surveyors are only required to plot affected portions on new Plans by scaling distances from existing documents and using labels, line-work and, where necessary, hachuring to clearly show the relevant portions. There is no need to include the information in CSD files.

43.3 Mineral Reservations in Transfers

Crown Grants that were registered in the name of the Commonwealth of Australia did not contain any mineral reservations.

Where the Commonwealth disposed of land, the transfer effecting the sale normally contained the same mineral reservations as contained in a normal Crown Grant.

Following registration of the transfer, the Commonwealth would then transfer to the Crown in right of the State the reserved mineral rights.

By virtue of the Midland Railway Company Acquisition Act 1963, the Minister for Western Australian Government Railways acquired all the property of the Midland Railway Company. The mineral rights granted or alienated to the Midland Railway Company become the property of the Crown on production of a vesting application by the Minister to the Registrar of Titles. Titles are usually endorsed ‘except and reserving metals minerals gems and mineral oil specified in Transfer No’ or ‘save and except minerals vested in the Crown pursuant to the provisions of section 4(5) of the Government Railways Act 54 of 1965. A Title may or may not make reference to the relevant transfer document.

Where portion of the land in a new Deposited Plan is affected by a mineral reservation contained in a transfer or vesting under section 4(5) of the Government Railways Act 54 of 1965, the portion so affected must be depicted on the Plan in a similar manner to that required for land affected by section 15 of the Public Works Act 1902.

Plan examples 8 and 30 indicate the requirements for bringing forward mineral reservations created in transfers

44 Depth Limits

44.1 Background

Prior to 1898, Crown Grants were issued without any limitation on depth. In 1898, as land in the goldfields was likely to be auriferous, it was decided to only grant land surface rights in goldfield town lots to a depth of 20 feet.

The Government Gazette of 11 March 1899 amended this to 40 feet for land in Goldfield and Mineral Districts and 2000 feet elsewhere. This was further amended in the Government Gazette of 6 March 1906 to 40 feet for Goldfield and Mineral Districts and 200 feet elsewhere.

The Government Gazette of 6 March 1934 gave the Minister for Lands the discretion to set other depth limits if required. Mineral Districts were progressively amended until, in 1981, it was determined that the whole State was covered by Mineral Districts. All Crown Grants since then have been limited to 12.19 metres (the metric conversion of 40 feet) unless the Minister determined otherwise. Issuing of Crown Grants ceased on 30 March 1998.

An exception is the Perth Central Business District where, in 1988, it was considered appropriate to set the limit at 60.96 metres (200 feet). This was due to the greater depth required for high rise building foundations and the fact that the CBD was unlikely to be the subject of a Mineral District.

Depth limits were initially set out in the Crown Grants together with conditions and reservations at the time of transfer to the Freehold estate. Depth limits, conditions and reservations applied to the whole of the relevant Crown allotment.

Subsequent replacement Titles, as a result of a new subdivision or ‘too full for further endorsement’ had the depth limits brought forward but not the conditions etc.

A continuing reference to the original Crown Grant is required if a current searcher requires details of conditions etc.

With the introduction of the Land Administration Act 1997 on 30 March 1998, Crown Grants are no longer issued. Conveyance from the Crown estate to the Freehold estate is by way of a conventional transfer.

Crown Land being transferred to the Freehold estate will no longer be restricted in depth.

Section 9 of the Mining Act 1978 reserves gold, silver and other precious metals to the Crown and section 9 of the Petroleum Act 1967 declared all petroleum, geothermal energy resources and geothermal energy to be property of the Crown.

44.2 Current Situation

Depth limits have not been imposed over all Freehold land.

Where depth limits do apply, a depth limit annotation with reference to the original parent Crown allotment must be shown on all subsequent Freehold Survey Plans.

A Crown survey depicting an original Crown allotment does not show, or have any reference to, depth limits as these were not created until the time of issue of the Crown Grant.

New Crown Land Titles do not contain any depth limits.

Digital Titles will not make any direct reference to specific depth limits.

Landgate spatial systems do not currently provide any information on depth limits.

The CSD file lodged with a survey Plan does not include information on depth limits.

Surveyors need to note on survey plans any depth limits that apply to the subject land.

The depth limit is obtained from the last manual Certificate of Title.

A limited in depth ‘only’ notation is to be added where part of the subject land does not have a depth limit.

Difficulties may arise where part or all of the new survey emanates from a pre-LAA Crown survey on which details of any depth limits that exist are not annotated. In these circumstances the surveyor will need to undertake an historical search to determine the identity of the last manual Title, or search the original Crown Grant.

It is current State policy to apply the original Freehold depth limit to any unallocated Crown land being amalgamated into that Freehold parcel.

45 Lot Numbers for Vesting Lots and Land Acquisitions

Until March 2004, where a plan involved land that was to vest in the Crown or where land was to dedicate as road following an acquisition under the Land Administration Act 1997, surveyors were requested to obtain a Crown allotment number from (then) DOLA for the relevant lots.

From March 2004 until June 2006, surveyors were asked to number such lots, as well as new Crown lots from a subdivision involving Crown land, using either the 300-399 or 3000-3099 number range; whichever was appropriate for the lot numbers on the plan. Those numbers were to indicate to (then) DLI staff the lots for which Crown Land Titles were expected to be created.

Neither of the above requirements is now in place.

Surveyors are free to use whichever lot numbers are appropriate for any plan, taking special care to avoid duplication of lot numbers. (See SPP-21 Subdivision and Project Management Issues Section 9.)

It has become clear that the notations on the plans and supporting documentation are sufficient for the correct registration actions to occur, and the use of such a range of lot numbers has the risk that some people will assign unintended intelligence to those lot numbers i.e. not all lot 300s are Crown land.

Surveyors are to use only the Freehold lot types (polytypes) in CSD files for all lots on the Plan. The Crown polytypes (i.e. A, E, L, S and T) are not to be used. All other naming conventions are to be in accordance with APX-05 Digital Data Format Specification Version 2.0.

46 Depiction of Original Unsurveyed Boundaries

Where original boundaries created by a ‘Sketch on Transfer’ or by description (e.g. Moieties) are depicted on Deposited Plans, surveyors should adopt the following practices (see plan examples 46 and 47):

1. Where the plan shows distances that have been fixed by a transfer document, such distances are to be annotated as ‘orig’.
2. In cases where these fixed distances are superseded by becoming part of new balance lot distances no ‘orig’ distance or angle annotation is necessary.
3. Where the plan is ‘Compiled’, no ‘orig’ distance or angle annotation is necessary as all dimensions are original.
4. Distances and angles for boundaries created by a transfer that are derived from survey or calculation are not to be annotated as ‘orig’ or ‘cal’.
5. Unsurveyed boundaries are to be shown as full lines but labelled and the following notation included on the Plan:

“Unsurveyed Boundary A-B created in Transfer Document ……”

6. Where a boundary that was created by a ‘Sketch on Transfer’ or by description is subsequently surveyed and marked it should be labelled and the following notation included on the Plan

   “Boundary A-B created in Transfer Document ……’”

7. In the past, the transfer of portions of an original “survey” location was accepted without any further survey, usually by showing the new “calculated” boundaries in red ink on the original plan or diagram that was registered for the original “surveyed” location. New location numbers were then allocated to those “calculated” portions transferred.
8. Any “unsurveyed” boundary created as per para 7 above is to be shown as a full line and labelled A-B. Notation on the plan is to include reference to the original plan or diagram that created the “unsurveyed” boundary.
9. If an “unsurveyed” boundary created as per para 7 above is required to be surveyed, then surveyors are advised to first seek advice from the Survey Inspection Team at Landgate.
10. The transfer document that created the boundary in the first instance is to be recorded as a notation on the plan. This document would indicate any fixed distances.

Refer to APX-05 Digital Data Format Specification Version 2.0 for Line record attributes to be applied.

47 Curved Boundaries

It has been a long-standing policy to avoid creating curved road alignments. This policy originated following complaints from utility agencies encountering problems installing services in their allocated corridors within road reserves where curves were involved.

Curved boundaries may be used elsewhere in a subdivision, but they are not encouraged. There are few practical reasons for them to be used. However, they are quite common in canal developments where canal boundaries are usually related to the constructed walls bordering the canals.

Where it is necessary to survey two or more adjoining curves, the plan shall show the radius and arc of each curve together with the long chords as dotted construction lines. For clarity, bearings or mid-azimuths should be shown along each chord.

Version 2 - 04/11/2020

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1 Acquisition Plans

Where land is being acquired for public purposes by either taking or transfer and multiple ownership is involved the following practices are used. The plan is required to show:

• the land to be acquired together with any residue lots that may result from the acquisition (see General Drafting Practices Section 22.1‘Multiple Lot Titles’ and General Drafting Practices Section 22.3 ‘Roads and Road Widenings from Extensive Freehold Parcels’ for possible residue land solutions for exceptional situations);
• a notation that the land is ‘being acquired for a public purpose’ together with a description of that purpose; and
• a Former Tenure Table (see Plan Practices Section 7) that sets out the conveyancing requirements to achieve the acquisition/s.

The taking of interests in land for road purposes under section 170 of the Land Administration Act 1997 would be the subject of an acquisition Plan.

Crown Land administered under the Land Administration Act 1997 may be shown with Freehold Land administered under the Transfer of Land Act 1893, however Freehold actions may be slowed down as a result of completing Crown actions. It is strongly recommended that actions affecting Crown and Freehold Land be separated onto different graphics.

Compulsory acquisition of a portion of land for a public work is exempt from the requirement of subdivisional approval by virtue of section 6 of the P & D Act.

Accordingly, W.A.P.C. approval is not required for acquisitions on behalf of a Local Authority. The Deposited Plan is to be endorsed “EXEMPT FROM W.A.P.C. APPROVAL UNDER SECTION 6 OF THE P & D ACT” in the Approved by W.A.P.C. box. Evidence is required from the acquiring authority stating that they are taking the subject land for a Public Work under Part 9 of the Land Administration Act (Evidence should be lodged along with the Deposited Plan).

Acquisitions on behalf of Main Roads W.A. will be forwarded to W.A.P.C. for their approval, on completion of examination action. Surveyors are to ensure that a note is placed in the Surveyors Report stating that this is a Main Roads W.A. job

See plan example 11 for land being acquired for Road Widening and Dedication.

See plan example 5 for land being acquired for a Public Purpose.

A Plan may show a series of road widenings that are clearly labelled ‘ROAD WIDENING’ with the intention of the widenings being dedicated. This is done by transferring the land to the Crown to dedicate under section 168(5) of the P&D Act or alternatively by taking and dedication.

The Plan must also show:

• either a separate allotment number for each portion being acquired or a single allotment number for the whole of the land being acquired, and
• all balance lots with separate lot numbers.

All land in the plan that is being acquired must be dealt on at the same time. The titles for balance lots will issue automatically.

Roads Section 11 covers the situation where the land to be acquired is from a strata scheme. See plan examples 5, 11, 85, 95, 102 for Freehold land Acquisitions (SPP-09 General Drafting Practices Section 17). See plan examples 54, 70, 71, 100 and 104 for Crown Land Acquisitions as well as General Drafting Practices Section 18.

2  Crown Land Amalgamations

Legislation governing the disposal of Crown Lands by amalgamation with adjoining Freehold Land resides under section 87 of the LAA.

Generally Crown Land for Amalgamation is to be allocated a lot number in order that a Crown Land Title (CLT) may be created prior to its amalgamation into a Certificate of Title (CT). Where closure and amalgamation of a private road or ROW (by acquisition), or a PAW or ROW that vested under section 152 of the Planning and Development Act is proposed, no CLT is created and no lot number is required.

Crown land to be amalgamated into a Crown Grant in Trust or any other Freehold land also requires its status to be that of a CLT and must be supported by a Statutory Declaration by the controlling authority and any other interest holders. (Refer Plan Approval Requirements Section 3.)

If two or more parcels of Crown land are being included into the one Freehold Title, only one lot number is necessary.

To facilitate the registration process for a road closure there is a requirement to allocate a lot number to the portion of the Closed Road. This includes roads within a new subdivision and roads for immediate amalgamation. One PI is issued for the whole road closure if amalgamation to multiple lots is simultaneous. If amalgamation is not simultaneous separate lot numbers are allocated.

The key issue is that closures must be registered on a CLT. Additional to that, Crown Easements on Road Closures must be shown on a CLT. All dimensions, to enable the creation of the new CLT for the Crown land being amalgamated, must be shown (ie. no additional searching of Plans must be necessary).

Amalgamations of road closures or pedestrian accessways (PAWs) with adjoining Freehold land are to be shown on Freehold Deposited Plans. It is only necessary to show any residual road or PAW as a balance lot when the road or PAW is the subject of a Certificate of Title or Crown Land Title.

The Registrar or an Authorised Land Officer may authorise a plan prepared for the purposes of closing a portion of private road or right of way under section 52 of the Land Administration Act 1997, to not show a balance lot for the residue road or right of way. The areas of closed road or PAW are to be depicted in an inset on the Plan or on a separate sheet of the Plan.

Amalgamations of portions of ‘Unallocated Crown Land’ (UCL) with adjoining Freehold land are to be shown on Freehold Deposited Plans. Unless instructed otherwise by State Land Services, no balance lot of the residue UCL is to be shown on the Plan.

Amalgamations of portions of Crown reserves with adjoining Freehold land are also to be shown on Freehold Deposited Plans. The residue of the Crown reserve is to be shown as a balance lot, with a new lot number shown on the Plan. In most cases, the reserve would retain its number, but sometimes it is cancelled at dealing. As such, the reserve number is not to be shown on the balance lot to minimise future amendments. Alternatively the reserve may be subdivided initially on a Crown Plan with the portion to be amalgamated given a separate parcel identifier. The amalgamation is then carried out on a Freehold Plan.

Amalgamations of portions of Crown land with adjoining Crown leasehold land are to be shown on Crown Plans. Only the Freehold lots and any spatial interests (the ‘outcome’) are to be included in the CSD files for Plans prepared for Crown Land Amalgamations. See plan examples 43, 44, 99, 101 and 103.

Where an applicant requires the Crown land to be part of a new subdivisional development, Part 6 Division 2 of the Land Administration Act 1997 may be a more suitable option for the particular project. The development may be subjected to delays associated with actions on the Crown land, particularly if Native Title Rights need to be extinguished. Staged registration and/or approval actions may be necessary. The relevant Regional Manager at RDL should be consulted on the most appropriate procedures for each individual situation.

The current situation regarding Crown Land Amalgamations and the necessity to lodge at WAPC, are that any portion of PAW or ROW being closed and amalgamated that still has public access needs to be approved by WAPC. All other isolated portions of PAW/ROW or pieces of unallocated Crown lands are exempt and a note to this effect is placed on the Plan.

Table 1: Some of the different scenarios encountered when dealing with the amalgamation of Crown land.

• Note:

If an easement under section 144 of the LAA needs to be created as part of the amalgamation, this needs to be shown in the inset depicting the amalgamated portion. It is then brought forward above the line in the Interests and Notification Table and shown on the main graphic.

3  Road and Road Widening Plans

Roads covers matters relating to roads in detail. Road Casement surveys are covered in Appendix 1.

The requirement under SmartRegister for balance lots to be shown on Plans means that most roads will now be created on Plans of subdivision even though the intention of the survey is to create the road or road widening. See plan example 56.

Where a road or road widening is being created within large tracts of Crown land it will still be possible to have the road or road widening as the sole subject of the Plan. See plan example 54. The CLT (if one exists) will be endorsed ‘land excludes road shown on plan ....’. section 27 of the Land Administration Act 1997 (LAA) empowers the Minister for Lands to authorise the subdivision of Crown land into lots and determine the width and direction of streets, roads and lanes within such lands.

Where new roads are being created the Plan heading must include the words ‘AND ROAD(s)’. Road widenings being created are to be labelled ‘ROAD WIDENING’ to conform with Freehold practice. The roads automatically dedicate upon approval of Plan under section 28 of the LAA.

The taking of interests in land for road purposes under section 170 of the LAA would be the subject of an acquisition Plan. (See Section 1.)

Land may be dedicated for road purposes under section 56 of the LAA. To dedicate sole subject roads under section 56, a lot number and CLT are required in order to register the dedication document. The heading of the Plan will be either ‘ROAD (LOT 249)’ or ‘ROAD WIDENING (LOT 249)’ and the graphic will be endorsed ‘MARTIN ROAD (LOT 249)’.

Private thoroughfares may be dedicated under either section 56 of the LAA or section 3.49 of the Local Government Act 1995.

Where a previously dedicated road is being defined by survey the Plan heading is to include ‘AND DEDICATED ROAD’.

4  Road Closure Plans

Roads are closed under section 58 of the Land Administration Act 1997 (LAA). See plan example 55.

The closure or acquisition of private ROWs proceed under section 52 of the LAA (formerly section 297A of the Local Government (Miscellaneous Provisions) Act 1960).

5 Sole Subject Vesting Lot Plan¹

Parcels of land that vest in the Crown under section 152 P & D Act do so automatically upon dealing on the Plan. It is therefore necessary for at least one Freehold (non-vesting) lot as well as the vesting lot be the subject of the Plan to cause a dealing and trigger the vesting.

¹Second paragraph referring to section 152 P&D Act and authorisation from Manager, Plan Registrations removed 04/11/2020

6  Interest Plans

Easements, Covenants, Notifications and Other Interests Section 21 covers ‘Interest’ plans in detail.

7  Statutory Plans

Statutory Plans are used to facilitate actions under various statutes in reference to particular areas of land. They do not effect tenure but impose conditions or lift constraints on the subject of the Plan.

The most common use of Statutory Plans is for ‘Notices of Intention to Take’. The other use is for administrative boundaries and these boundaries can be of a temporary nature exempting an area for 1 day from restrictions under law which would not allow the proposed activities to take place.

Examples of a more permanent nature include definitions of Port Authority areas, custom areas, of road vehicle areas, shire and rating areas.

The Manager Boundary Definition, New Subdivisions should be contacted when preparing a Statutory Plan.

8  Christmas/Cocos (Keeling) Island Plans

In 1992, the then DOLA undertook the registration of survey Plans on Christmas and Cocos (Keeling) Islands and Landgate continues this responsibility.

All survey Plans held at that time by the Commonwealth government were passed to DOLA and registered. These Plans are in a markedly different format to survey Plans prepared under WA practices.

Subsequent survey Plans for Christmas and Cocos (Keeling) Islands followed conventional WA practices with particular attention given to:

• AZIMUTH - Bearings shown on the original (Commonwealth) Plans are Christmas/Cocos Island GRID bearings. New Deposited Plans do not require bearings to be shown.
• PERMANENT SURVEY MARKS - The practice of showing PSMs has been continued on subsequent Plans.

Excisions from mineral leases must be referred to the Commonwealth Department of Territories.

For planning and land management issues, contact the Pilbara Regional Manager or Team Leader, RDL. See plan example 60.

9  Pastoral Lease Boundary Amendment Plans

These Plans serve to define pastoral lease boundaries and fall into four categories:

• Partial survey definition of an existing boundary. This may result in the amendment of the area and boundary of the lease (a Crown Plan with a purpose of ‘Redefinition’ is to be lodged showing the full extent of the pastoral lease).
• Survey definition of a boundary to enable creation of a parcel for inclusion into a pastoral lease.
• Survey definition of a boundary to enable total subdivision of pastoral lease.
• Survey definition of boundary/s which create two (2) or more severances for cross transfer between pastoral leases. Balance lots would need to be shown.

Exemptions from showing balance lots or the full extent of the lease may be authorised by the Registrar or an Authorised Land Officer. Note that:

• Landgate needs to be consulted for unique abuttal and original boundary depiction requirements.
• Improvements such as fences, bores etc. are to be shown.
• In survey definitions that create two or more severances, the dimensions and areas of each severance are required.

10  Conversion Plans Prepared Outside Landgate

Conversion Plans prepared outside of Landgate must be drafted on a standard form, to the normal drafting standards outlined in this Manual and certified by a licensed surveyor. The surveyor’s ‘compiled’ certificate would normally apply to such Plans where no new survey was undertaken. See plan example 45.

Where a conversion Plan is prepared for the purposes of eliminating a part lot land description the graphic area on the Plan is to be annotated as follows:

“This plan provides a graphic representation of existing lot/s and allocates whole lot/s and description for the conversion of paper Certificates of Title to a digital register.’

Conversion Plans must include any interests and notifications of a spatial nature that are to be brought forward. It is not possible to create new interests on a conversion Plan.

CSD files are required for all conversion Plans prepared outside of Landgate.

Conversion Plans are cross-indexed with the normal ‘compiled’ annotation. Conversion Plans prepared by Landgate are cross-indexed onto the SIP View without any field book number or ‘compiled’ notation (ie. only the Deposited Plan number is shown).

The information and dimensions on conversion Plans prepared at Landgate is often sourced from existing paper Titles and registered TLA documents. The dimensions on conversion Plans prepared at Landgate may not depict the latest dimensions and should not be used on new survey documents unless verified by a Licensed Surveyor.

Conversion Plans prepared by private surveyors do not need to include a statement about reliability. The regulation 4 ‘Compiled’ certificate signed by a Licensed Surveyor eligible to lodge at Landgate is sufficient support for the dimensions on the Plan.

11  Plans of Roads for Registration of Interests

To allow the registration of easements, infrastructure corridors and other interests over roads a process has been introduced where Deposited Plans are lodged showing parcel identifiers (lot numbers) allocated to sections of existing road. These Plans also include any interests that are being brought forward (usually Crown easements) and any new interests being created using that Plan.

The extent of the road lot being created on such Plans will vary depending on the circumstances but in most cases a lot should extend for the length of a section of road and include any truncations at ‘T’ intersections.

These deposited plans are to be a ‘Crown’ type with a purpose of ‘Subdivision’ (this allows Titles to be created within SmartRegister). Balance lots are not required for any residue portions of road.

CSD files are required for these types of Deposited Plans.

See plan examples 62 and 93.

12  Deposited Plans for Infrastructure Projects Using Data from the Spatial Cadastral Database (SCDB)

The Principal Consultant (Plans and Surveys) should be contacted on +61 (0)8 9273 7170 if data extracts from Landgate’s SCDB are to be used to model infrastructure projects and produce Deposited Plans.

By giving sufficient lead time, the accuracy of the SCDB in the area of interest can be checked for suitability.

If extra cadastral connections have been undertaken by the surveyor, then these should be lodged as soon as possible so the new connections can be used to upgrade the area which is to be used for the project.

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   Road Name

See SPP-09 General Drafting Practices Section 24

2   Parcel Identifiers

Roads and road widenings that dedicate automatically on approval of a Plan of subdivision do not require parcel identifiers except where the former tenure is Crown land and staged approval is necessary (e.g. if Native Title rights exist).

Under the Land Administration Act 1997 (LAA) all actions relating to Crown land must be registered to be effectual (section 19). The registration process under the Transfer of Land Act 1893 (TLA) is specific: i.e. ‘original instrument to be entered in the Register on the certificate and the original sealed’.

Except for those roads that are created on a Crown Plan of subdivision under section 27 of the LAA (see plan example 53), all Crown Plans of survey or sketch Plans that are prepared for road purposes (both creation and closure) will require the allocation of a parcel identifier and CLT number. This is to enable the registration of Dedication/Closure Orders or any further actions against the road (e.g. leasing etc.) See SPP-11 Specific Plan Purposes Section 11 for plans of roads for registration of easement crossings.

To allow the registration of easements and infrastructure corridors over roads a process has been introduced where Deposited Plans are lodged showing parcel identifiers (lot numbers) allocated to sections of existing road. These Plans also include any interests that are being brought forward (usually Crown easements) and any new interests being created using that Plan. Refer SPP-11 Specific Plan Purposes Section 11.

3   Connections Across Roads

See SPP-09 General Drafting Practices Section 25

4   Road Widenings

Road widenings that involve Freehold Land must be done on a Plan with a purpose ‘subdivision’, where the balance lot must be shown. See plan examples 3, 4, 13, 15, and 56.

A road or road widening may be the sole subject of a Plan if a large tract of Crown land is involved as the residue. (See SPP-11 Specific Plan Purposes Section 3.) Refer to SPP-11 section 3 under ‘Roads and Road Widenings from Extensive Freehold Parcels’ for possible residue land solutions for exceptional situations involving Freehold land.

On even truncations the angles to the truncation line may be omitted if the intersection angle and set-back distances are shown. New truncations created must show details of the original alignments.

5   Closed Roads

To facilitate the registration of a road closure and any subsequent actions, a parcel identifier will need to be allocated. All actions relating to Crown land must be registered to be effectual under the Land Administration Act 1997 (LAA).

Instructions will be issued with the survey/drafting contract indicating the requirements with regard to closure. See plan examples 55 and 101.

If the sole subject of the plan is to cause the road closure then the purpose of the plan will need to be:

‘ROAD CLOSURE’.

Where the closed road is being amalgamated into adjoining land the Plan purpose will be ‘Crown Land Amalgamation’ (except where the closure is being incorporated into a subdivision – in which case the Plan purpose will be ‘Subdivision’) and the graphic area is to include an inset showing the closed road. The Plan heading is to state the outcome – the new lot/s being created. Separate parcel identifiers and areas are to be shown if disposal is to more than one land parcel. Refer SPP-11 Specific Plan Purposes.

Where, as the result of a road closure the width of the remaining road casement has been altered the opposite side of the road covering the extent of the closure must be shown. Connections across the road must be shown clearly identifying the residual road width (this may require calculation utilising original data). This is required in order to ensure the graphic depiction of all road widths and to avoid the searching of field notes.

Easements may be shown over closed roads for immediate alienation.

6   Road Casement Surveys by Limited Marking

Refer APX-01

7   Dedication of Bridges as Public Road

Under Executive Minute 1/97 (see  APX-02) bridges and the associated support structures and land on which the structures rest are depicted for dedication as public roads on three dimensional Plans in alternative ways:

• Description on the Plan, of the bridge surface, supporting structure, and underlying land, defined by Reduced Levels (RLs) referenced to the Australian Height Datum (AHD). The extent of the underlying land dedicated may vary from case to case. In some instances it may be appropriate to dedicate the entire strip, while in other cases, the bridge footings only may be dedicated (so as to minimise interference with another agency’s management of the underlying land).
• Description on the Plan of a three-dimensional airspace, vertical elevations defined by RLs and related to the RL of the underlying land, referenced to the AHD. Horizontal extremities of the airspace parcel will normally show connections to adjacent land parcels.

The first alternative is the preferred course. The second alternative is available where it better meets particular circumstances (e.g. the bridge structure rests on the perimeters of a channel with no intermediate support structures).

Having regard for management issues in relation to the bridge, road surface and underlying land, the decision in relation to the choice between the alternatives outlined above will be reached in consultation with the relevant management bodies and instructions as to the preferred alternative issued with the survey/drafting contract.

8   Mall Reserves

Section 59 of the Land Administration Act 1997 (LAA) provides for the creation by Ministerial Order, of a reservation under section 41 for the purpose of ‘Mall Reserve’. The Order will close any existing underlying road and together with any unallocated Crown land within the Mall Reserve boundaries create the reservation.

The Plan prepared for the parcel identifying the reservation must have a parcel identifier. Any underlying road is automatically closed by registration of the Order that creates the reservation.

Upon cancellation of the reservation the parcel identifier allocated to the reservation area will cancel and the road that existed prior to the reservation becomes dedicated as if the reservation had never existed.

Where Mall Reserves are to be created over an existing dedicated road a compiled Crown Plan may need to be drawn (e.g. where more than one Plan creates that road). Each particular case is to be treated on its merits.

9   Public Access Routes

Section 64 of the Land Administration Act 1997 (LAA) allows for the Minister to provide the public with access through Crown land to an area of recreational or tourist interest.

For all intentional purposes a Public Access Route (PAR) is to be treated as an easement granted by the Minister under section 144 of the LAA in favour of members of the public generally.

These ‘interests’ over land are usually for access for tourist sites and will be treated as de facto easements. They will be depicted on a Crown Plan with a purpose of ‘Easement’.

10  Protected Roads

Protected Roads which were created under the Road Districts Act prior to 1960, and shown on any Landgate plan, are deemed to be Public.

For research purposes the likely date of creation of pre-1960 protected roads may be ascertained from the superseded/cancelled Public Plans held in secondary storage by Landgate.

Protected Roads created since 1960 are shown through reserves and UCL only as an indication there is a constructed road in that approximate position. Its purpose is to assist future subdivision over the area and to indicate the presence of a road in the event of an enquiry over the land. The road is not deemed to be Public unless dedicated or surveyed on a certified/approved Landgate Plan.

Protected Roads through State Forest are not recognised. A road through State Forest is either a part of the State Forest under the control of the Department of Environment and Conservation or a dedicated public road excluded from the State Forest.

11  Partial Taking in Strata Scheme

The survey of a ‘taking’, for road purposes, action involving a Strata Scheme requires the lodgement of a new Strata Plan defining the balance land in addition to the Deposited Plan depicting the taking. This lodgement is on behalf of the relevant authority as set out under section 29B of the Strata Titles Act 1985 (STA).

The new Plan sheets are to include a floor plan and a location plan to reflect the parcel and lot boundaries after taking. A variation to a Survey-Strata Scheme caused by a taking order requires an order by the District Court – see section 29 of the STA.

12  Road Dedication Stamps on Deposited Plans

As from April 2002 the practice of stamping road dedications on Freehold Deposited Plans was discontinued. This resulted in standard practices for both Freehold and Crown Deposited Plans.

As roads, road extensions and road widenings dedicate on the date that a Plan is approved it was believed unnecessary for the Plans to be stamped. The status of a Plan dictates the status of any roads depicted within the subject of the Plan. The date of approval of a Plan usually coincides with the date of any dealing on the Plan.

In most cases it is safe to assume that any roads depicted on approved Deposited Plans have been dedicated. This may not be the case with multi-parcel resumption/taking/acquisition Plans approved under the former regulation 44 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961.

Care should also be taken with Freehold Plans approved prior to 1960 as depicted roads may not have been dedicated. In these cases it is necessary to refer to the dedication stamps placed on the Plans.

13   Road Widths (see General Drafting Practices Section 23 also)

With the repeal the automatic dedication provisions of section 295 of the Local Government (Miscellaneous Provisions) Act 1960 and the introduction of section 168 of the Planning and Development Act 2005 the requirement for newly created Roads to be greater than 6 Metres wide has now been removed. Now the W.A.P.C. is responsible for approval of all roads widths.

14  Crown Grant Roads

It was once the practice when alienating large blocks to reserve as roads any lines of communication which might be required in the future. These roads were not surveyed, but were shown on and excluded from the area in the Crown Grant. They are known as Crown Grant roads and are actually public roads although their position (being unsurveyed) is doubtful.

In some cases, especially in areas to the north and east of Midland, Crown Grant roads have been described on old Plans as ‘Government Road’ to distinguish them from unsurveyed private roads.

Refer plan example 30 where an original Crown Grant road is depicted.

Version 3 – 30/09/2022

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

21.2  General Matters Concerning Interest Only Plans

22     Lodgement of Interests

23     Easements and Notifications Over Vesting Land

24     Subsisting Crown Easements

25     Water Agencies (Powers) Act 1984 Memorials

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

25.2       Memorials

25.2.1        Manual Memorials

25.2.2        Automatic Memorials

25.2.3        Removing the Manual Memorial

25.2.4        Removing the Automatic Memorial

26     Notifications of Factors Affecting Use and Enjoyment of Land

26.1       Planning and Development Act 2005

26.2       Transfer of Land Act 1893

26.3       Water Services Licensing Act 1995

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

27.1       Under Section 129BA of the TLA

27.2       Under Section 150 of the P&D Act

28     Carbon Rights, Carbon Covenants and Tree Plantations

28.1       Carbon Rights Act 2003

28.2       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 APX-08 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’.

3  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 11)

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

APX-08 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  section 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  section 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.

Table14.1

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 record ______ 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 record ______ 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 record ______ 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 record ______ 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.

5. 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 record 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 record 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 record must include a statement as applicable that it was impracticable or uneconomical to resolve the anomaly. The field record must also record how all boundary intercepts were determined.

11.9 Contacts

Table 14.2: Anomalous Interests

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 APX-08 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. 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).

SUBJECT	PURPOSE	STATUTORY REFERENCE	ORIGIN	LAND BURDENED	BENEFIT TO	COMMENTS
	EASEMENT	SEC 195 & 196 OF THE LAA	DOC .......	Lot 12	CITY 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 Plans²

If the land affected by an interest that is to be registered is only part of the land in a Certificate of Title (Title) or part of a lot on a plan, 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 …”.

3. 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 the SCDB, 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 …”.

“as to the whole of lot … on DP … within Certificate of Title Volume … Folio …”

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 a piece of land.  For example, carbon rights cannot overlap each other, and neither can profits à prendre.

21.1 Requirements for Deposited Plans

1. Deposited Plans shall be of Type ‘Freehold’ or ‘Crown’ depending upon the tenure of the subject land.
2. The Plan Purpose shall be ‘Interest Only’.
3. The ‘Plan Heading’ shall be in the form of ‘Carbon Right/Carbon Covenant/Plantation Interest/Easement and/or other interest over Lot number/Plan prefix and Plan number'; for example: Easement and/or Other Interests over 9000/D6789
4. The following information is to be included in an ‘Affected tenure’ table:
   1. Plan number
   2. Lot number
   3. Certificate of Title volume and folio
   4. Subject land description (optional)
5. The statement ‘For Interest Purposes Only’ is to be entered in the ‘Survey and Plan Notation’ field of the plan admin sheet.
6. Interest Only Plans are to include an ‘Initial Interests Table’ or ‘New 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.
7. The document number will be entered against each listed interest by Landgate at the time of registration.
8. Interest Only Plans that support documents for the partial surrender/extinguishment of an existing interest must clearly identify the portions to be surrendered/extinguished and the portions that remain.  Only the portions that remain need to be captured in the CSD file.
9. 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., MGA2020, PCG2020.  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:
10. by making a geodetic connection to a nearby, verified boundary point and thereby upgrading the boundary coordinates, or
11. by re-establishment of nearby boundaries and making a connection to the interest polygon
12. If the first case applies, the upgraded boundary coordinates must be shown on the Plan.
13. 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.)
14. Belt planting of trees can be accommodated by using coordinates as illustrated in plan example 90.
15. Interest polygons are to be labelled as follows:
    1. Different interests over the same spatial extent must be captured as separate polygons, and each interest must have a unique label.
    2. Where an interest has more than one severance, all the severances (polygons) are best labelled uniquely.
    3. Where an interest has more than one severance, all the severances (polygons) may have the same label.
16. Options 15(a) and (b) are available within portal plans.
17. Option 15(c) is not available on a portal plan – the plan must be created by CAD software.
18. For all options, the digital data (CSD file) must be coded, and the plan presented, such that the allocation of interest polygons to parent lots and relevant documents is correct, complete and consistent.
19. Deposited Plans lodged in support of a registered interest will incur the regulated fee for lodging deposited plans.

21.2 General Matters Concerning Interest Only Plans

1. It is not possible to create an interest created automatically under any legislation, including TLA, P & D Act, STA and CTA.  Such interests can only be created on a subdivisional plan.
2. 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.
3. It is essential that the deed firmly links to the ‘Interest Only’ Deposited Plan.  The Registrar of Titles strongly recommends Plans to be lodged before deeds are prepared to allow the Plan to be placed in order for dealings.
4. The Registrar of Titles strongly recommends all parties retain a copy of the signed deed and a copy of the ‘In Order for Dealings’ version of the Deposited Plan.
5. 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.
6. 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.
7. ‘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 APX-05 Digital Data Requirements) with such Plans.
8. The Plans are shown in the SCDB on the Survey Index layers and the normal search fees for Plans apply.  Normal lodgement and search fees apply to deeds.
9. The spatial extent of all interests created on interest only deposited plans will be depicted in the SCDB on a ‘cadastral polygons’ layer.
10. Where an interest is completely cancelled/surrendered only a deed of surrender or similar is required; a Plan will not be required.
11. For partial cancellations/surrenders, where 17(a) naming convention is used then an interest only plan is required as described in 21.1.13 above .
12. For partial cancellations/surrenders where 17(b) labelling is used, documents can effect the surrender by description.  For example, 'Portion (S2) on DP123456'.
13. Plan examples 75-84 and 88-92 in APX-04 illustrate the requirements in a variety of situations.

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

²Section updated 30/09/2022

22 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.

23 Easements and Notifications Over Vesting Land¹

All interests or encumbrances, other than easements created under section 167 P & D Act, must have approval from the relevant Regional Manager of the Department of Planning, Land and Heritage (DPLH). Evidence of this consent must be provided with the application for new titles, when the documents are lodged at Landgate.

See Land Titles Registration Policy and Procedure Guide SUB-01 13.2 Section 152 of the P&D Act.

¹Section updated 29/10/2020

24 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.)

25 Water Agencies (Powers) Act 1984 Memorials

25.1 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.

25.2 Memorials

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

25.2.1 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.

25.2.2 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.

25.2.3 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.

25.2.4 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.

26 Notifications of Factors Affecting Use and Enjoyment of Land

There are three types of notifications created by legislation:

26.1 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.

26.2 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.

26.3 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.

27 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.

27.1 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.

27.2 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.

28 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.

28.1 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.

28.2 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.

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 (APX-05) 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

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’

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.

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.

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.

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.

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).

¹Section updated 11/01/2022

Version 2 – 11/01/2022

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

See General Drafting Practices Section 43.

2   Subdivision Processes

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.

* 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 APX-04 to indicate what information is to be depicted on such Plans.

3     Crown Subdivisions

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

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

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

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

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

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

See General Drafting Practices Section 17.

7 Crown Land Amalgamations

See section 2 of SPP-11 Specific Plan Purposes.

8 Isolated Crown Surveys

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

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

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

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

12 Field Records Lodged for Subdivisions that Do Not Proceed

See SPP-08 10 Field Records Lodged for Subdivisions that Do Not Proceed

13 Gas Pipelines and New Subdivisions

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).

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1     Overview

This survey method applies to roads where there is a reduced need for direct identification of the road boundary and consequently does not justify the cost of full boundary marking. The Land Surveyors Licensing Board have approved the following two sets of Guidelines for such surveys, both of which are available from the Board website at www.lslb.wa.gov.au or by request from the Secretary of the Board (telephone 9273 7401):

1. Survey Practice Guidelines for Surveys of Roads Through Open Country Using Limited Marking Under General Regulation 26A, and
2. Survey Practice Guidelines for Surveys of Roads Through State Forest Using Limited Marking Under General regulation 26A

These surveys provide road casement definition by the use of Geodetic control and its relationship to existing and proposed cadastral boundaries. Principally the method is limited to low land value areas throughout the State and outside isolated Townsite boundaries that have traditional, fully marked cadastral surveys.

The majority of these road projects are issued by Main Roads Western Australia. Approval must be gained from the Inspector of Plans and Surveys before using these Guidelines to survey other road projects. Alternatively, for surveys through Crown Land only, and where these Guidelines don’t exactly suit the situation it is possible to use Regulation 21(1) of the Land Administration Regulations 1998, in which case approval must first be obtained from an Authorised Land Officer.

The following Plan specifications have been developed in consultation with Main Roads Western Australia and are to be used for all Road Casement surveys utilising these limited marking techniques.

2     Plan Specifications

1. The Plan shall be drawn on standard Landgate Plan forms. Plan numbers are to be obtained from Landgate prior to drafting and each Plan is to be numbered and cross-referenced to adjoining Plans. It is preferred that Plans do not comprise more than 4 sheets and where possible, Plans cover sections of road that affect whole parcels.
2. The Plan shall be drafted at a scale of 1:5000 (preferred), 1:10000, or at a suitable scale depending on the complexity of the job. Enlargements may be drawn - not to scale.
3. Except where these specifications indicate otherwise all boundaries, lines, text, symbols, feature styles and colours shall be in accordance with Landgate standards and specifications as described in this Manual.
4. As Road Casement boundary dimensions are accurately determined by survey (SSM traverse) and can be accurately fixed on the ground in future, all these boundaries on survey Plans are to be symbolised by an unbroken line.
5. The road casement may be positioned on the Plan form in up to 4 sections. Match lines, if shown, must be at 90º and shall be shown at the ends of each straight section. Road casement widths are to be shown where the boundaries are parallel.
6. Sufficient detail shall be shown on the plan to allow accurate definition of the road casement.
7. All surveyed and unsurveyed intersecting Land Act, LAA, TLA and Live Mining Act boundaries must be shown. These shall include a distance and azimuth along each intersecting boundary to the nearest corner (drawn not-to-scale if necessary). Connections should also be shown to boundaries and any horizontal control points in close proximity to, but not intersecting the casement.
8. Ensure that:
   1. Distances on unsurveyed boundaries are prefixed ‘abt’ (about)
   2. Unsurveyed pastoral lease boundaries are cast on cardinal bearings (this may also apply    to gazetted Townsite boundaries)
   3. Original surveyed values take precedence over digital data which is at variance to that      survey.
9. All distances shown on the plan shall be ground distances and all bearings shall be mid azimuths, rounded to the nearest second.
10. The road casement shall be defined by distance and angle from SSMs.
11. All standard survey marks (SSMs) and their unique alphanumeric identifiers must be shown on the Plan but control traverse distances and azimuths are not shown. However, angle from control traverse to casement connection shall be shown together with the annotation on the control traverse eg. to SSM York 133.
12. Eccentric geodetic observing stations should be represented by an SSM symbol (even if only marked by a spike) and annotated with the actual name of the observing station, which should have a ‘T’ designation. (See Geodetic Circular No. 14/93).
13. The secant distance and angle (if not parallel) should be shown at each casement bend.
14. Areas of roads ex parcels of land that cover more than one Plan shall be shown thus on each Plan – ‘Total Area of Road ex P/L = 100.1 ha (Includes CPs 17500-17506)’.

    Note:

    Areas of roads ex pastoral lease/reserve are now to be shown as above (Previously these were shown as ‘ex locations’ that comprised the pastoral lease/reserve).

    Areas of road ex UCL are required for Native Title statistics (Non extinguishment of rights for the life of the road is conducted using Sections 24KA and 238 of the Native Title Act).

15. Pastoral lease names-numbers-Crown leases, reserves, parcel identifiers, UCL, live Mining Tenements, protected roads, water features etc are to be shown as appropriate.
16. Local Government boundaries and Land District boundaries shall be shown on Plans.
17. Improvements of local significance to the road (eg fences, prominent bores, yards, dams, ruins etc) may be depicted as located by survey, provided that such details are clear and do not clutter the Plan.
18. Defined material, water bore and maintenance areas should be shown, where practicable, on the Plan or the reference indicated to a separate Plan if defined by survey.
19. Care should be taken with the Plan (heading and graphic) to clarify whether the subject is a road or road widening and whether road closures are also involved:
    1. The headings for each plan of a series may be different and must be determined by the surveyor
    2. Road closures to be determined in consultation with Main Roads WA.

    In the case of a widening of an unsurveyed dedicated road, the existing road shall be shown with broken line boundaries. Calculated dimensions are not required.

    The area of any unsurveyed, dedicated road within the road casement is to be excluded from final area calculations.

20. The headings for Plans of Road Casement surveys are to include the tenure created together with a generic description of the road:
    1. When creating new roads only:

    ROAD (LOT 785) GREAT NORTHERN HIGHWAY

    HALLS CREEK TO WYNDHAM

    b. When creating new road with widenings:

    ROAD (LOT 785), ROAD WIDENINGS (LOT 786)

    GREAT NORTHERN HIGHWAY HALLS CREEK - WYNDHAM

    c. When creating (ii) above with road closures:

    ROAD (LOT 785), ROAD WIDENINGS (LOT 786 GREAT NORTHERN

    HIGHWAY HALLS CREEK TO WYNDHAM

    AND ROAD CLOSURES (LOTS 787, 788)

2.1 Widening of Unsurveyed Dedicated Road

1. The first sheet of the plan shows a Lot which comprises the existing dedicated unsurveyed road and the new widening (This Lot is to be used for the dedication of the road).
2. The subsequent sheets show the old road and the new widening with lot numbers for each different tenure of land (areas are to be calculated and the Lot numbers are placed textually into SmartPlan). These are deemed to be insets and the Lots are to be used for taking purposes.
3. The heading on the front sheet would read as follows:

   ROAD (LOT785) GREAT NORTHERN HIGHWAY HALLS CREEK TO

   WYNDHAM

   ROAD WIDENINGS

   INSET LOTS 786-789

   A Former Tenure Table is required as per SPP-10 Plan Practices.

4. If the survey results of the control traverse and the detail survey are recorded digitally and the calculations and Plan drafting are carried out by the same survey organisation in one continuous computer process (or in exceptional other cases), the Plan may be accepted without a field book for that part of the survey, subject to the following conditions:
5. Additional to the standard Plan Certificate, the surveyor shall certify on the Plan as follows:
   1. “ ________________________ hereby certify that the control traverse, by me or under my personal supervision from measurements made by radiations and boundary dimensions shown on this Plan were calculated me or under my personal supervision and recorded on a digital data recorder and that the survey complies with the guidelines pertaining to surveys under Regulation 26A of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961.

   __________Date: _______________________________Licensed Surveyor”

Note: 

Variation to the above certification should be made as to the particular circumstances of the survey. eg. Control traverse and radiations may not be calculated so that fact is not to be shown in the certification, similarly the measurements may not be recorded on a digital data recorder, they may be derived using a GPS receiver.

b. Basic information which would normally be shown in a field book should be recorded on the Plan

The annotation ‘(Reg 26A)’ is to be shown in the APPROVED panel of the Plan Title block. See plan examples 70 and 71.

3  General

The purpose of these plans is to provide a vehicle for:

1. Native Title considerations (if applicable).
2. The clearing of land tenure constraints, ie. resumptions (takings), excisions, closures, surrender of surface rights etc.
3. Dedication of new parcels of road.
4. Field books are to be lodged for all cadastral connections
5. All survey search to be provided on Plan lodgement at Landgate. (Will be returned if requested).
6. It is the responsibility of the surveyor to ensure that, where digital cadastral data has been used in the compilation of the plan, unsurveyed boundaries in the SCDB (especially Townsite boundaries) have been coordinated by spatial upgrade. Where only digitised information is available, gazetted values of unsurveyed reserves and Townsite boundaries must be adopted, in particular azimuth values.

Note:

There may be numerous gazettals for a Townsite boundary, and Digitised data may have been derived from the Public Plan and not necessarily from accurately determined geographical positions.

If conflict exists between the upgraded positions and gazetted information, the coordinates are to be recomputed. If this does not resolve the conflict, a cadastral connection is required.

7. In many pastoral areas the coordinates in the SCDB for surveyed boundaries are still derived from digitising small scale cadastral maps. They need upgrading to ‘survey’ accuracy before calculating intersections with a new casement. This is achieved by surveying a direct connection from the control survey, assigning survey dimensions to the pastoral boundaries, and running a least squares adjustment.
8. If an original survey in these remote areas cannot be re-established because of wholesale obliteration of all evidence over a wide area, SCDB coordinates can be used to position the boundary for intersection purposes.
   1. Field books should confirm field search for evidence,
   2. The SCDB coordinates must be validated, and upgraded if necessary, with the intention of maximum positional accuracy, and
   3. The calculated distance to un-located points are shown to two (2) decimal places and suffixed ‘cal’.
9. Landgate can verify an unsurveyed coordinate when a surveyor has doubts as to its validity.

Contact:

Manager, Spatial Cadastral Data Base

Survey Networks

Phone: (08) 9273 7176

These Guidelines are compiled for remote low land value environments where alienation is never expected. If they are used to define boundaries between different government authorities in forested land or other land of significant value, then the plan must carry the statement:

“This Plan is not to be used for alienation purposes’

4 Digital Data Presentation

Digital data is required for limited marking Plans and is to be presented to DLI in Cadastral Survey Data (CSD) format.

5 File to Include

• Surround polygon.
• One polygon per pastoral lease, location, lot etc.
• Coordinates in MGA94 or State project grid.
• Ground distances to be shown as per Plan.
• All traverse lines from SSMs to Road Casement, including all angles and distances, to be shown.

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These Landgate initiatives enable the expediting of specific tasks. Strict procedural guidelines control the usage of these policy directives. Survey Coordination, DPI are responsible for initiating survey drafting utilising Operational Directives. Enquiries about clarification of the Guidelines should be made to the Inspector of Plans and Surveys.

For drafting purposes the notation ‘Reg 21(1)’ shall be shown within the ‘APPROVED’ panel of the Title block on all Plans subject to an Operational Directive.

The notations:

• ‘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’

are to be shown where applicable.

Note

The Minutes mentioned in this appendix are attached below.

1 Executive Minute 17/90

Provides guidelines to enable the preparation of certain Sketch Plans (formerly Reserve and Miscellaneous Plans) to supersede Crown Survey Plans when authorised by the relevant Regional Manager, DPI and subsequently approved by an Authorised Land Officer. This facilitates the requirement of a graphic for the preparation of a Crown Land Title.

2 Executive Minute 10/92

Enables the graphic depiction of certain Pedestrian Access ways and Footways, with unsurveyed (calculated) boundaries on Crown survey Plans to facilitate closure and disposal.

The addendum to this executive minute establishes that easements subsist under Section 146 of the Land Administration Act 1997.

3 Executive Minute 1/97

Based on advice from the Crown Solicitors Office, bridges and the associated support structures and land on which the structures rest may be dedicated as public roads under present legislation being Section 56 of the Land Administration Act 1997.

This policy directive provides guidelines for the dedication of bridges as public roads by reference to three dimensional Plans in two alternative ways (refer to SPP-13).

4 Survey Registration Minute 1/98

Enables the disposition of small parcels of Crown land with unsurveyed boundaries on compiled Crown Plans.

This policy directive provides guidelines to enable the preparation of Crown plans without survey in cases where the business risk is acceptable. It provides guidelines and procedures to enable the graphic depiction of dispositions of Crown land under the Land Administration Act 1997 with unsurveyed (calculated) boundaries on Crown survey plans.

See plan example 67.

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1     Normal Subdivision, Repeg, Survey Strata Including Geodetic Connection under Regulation 22A

2     SSA Re-establishment and Control Survey

3  SSA Re-establishment and Control Survey, Deposited Plan Number Known

4 GNSS Survey

5 Special Survey Area re-establishment and control survey

6 Connection to State Geodetic Survey Network

7 SSA Subdivision: graphical summary of re-establishment and control connections

8 SSA subdivision: graphical index to control network

9 SSA subdivision: graphical summary of initial control network

10 Normal subdivision: connection to SSM (Reg 22A)

11 Cadastral control survey for spatial upgrade - single point radiation by GNSS

12 GNSS survey: cadastral pickup and geodetic connection

13 GPS survey: graphical summary of GNSS baselines of control network

14 GPS survey: tabular results of GNSS baselines

15 GNSS survey: tabular of network adjustment

16 GNSS survey: measuring parcel boundaries

17 GNSS survey: tabular results of RTK observations (eastings and northings)

18 GNSS survey: tabular results of control and boundary observations

19 GNSS survey: tabular results of VRS observations

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The examples indicated with an asterisk (*) are original Plans that have been imaged/scanned. They are only intended to be indicative of that particular circumstance. The Plan forms and their presentation may not reflect current requirements.

Version 8 – 01/06/2022

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     Business Rules

1.1  Special Survey Area Subdivisions

2     Digital Data Specifications

2.1  Miscellaneous Remarks

2.2  Main Header Record

2.3   Record Count

2.4   Spheroid Constants used in Coordinate Computations

2.5    Projection Constants used in Coordinate Computations

2.6    Point Record

2.7    Line Record

2.8    Polygon Record

2.9    Angle Record

2.10  Azimuth Record

2.11  Circular Arc Record

2.12  Topographic String Record

2.13  Polyline Record

2.14  End of File Record

2.15  Polygon Naming Convention

2.15.1  Surround

2.15.2  TLA Polygons

2.15.3  Crown Polygons

2.15.4  The Following Applies to all Polygons

3  Converting CSD Editor File to Version

4  CSD Editor Naming Examples

Digital File Lodgement Requirements

This User Guide is produced for surveyors when creating Cadastral Survey Data (CSD) files for lodgement with Landgate to meet the requirements of Transfer of Land (Surveys) Regulations 1995 - Regulation 3.

1  Business Rules

The requirements for creating a file for digital lodgement of survey data are as follows:

• The data must be consistent with the survey plan, as lodged, i.e. angles and distances must be as shown on the plan.
• All polygons on the plan, including the surround and interests  , are to be included in the file except polygons shown in an inset for road closure and amalgamation purposes     .
• All files must contain a surround polygon or multiple surrounds. Link traverses may be supplied when appropriate (such as for Interest Only Plans) or when an improved spatial relationship can be achieved.
• All surveyed points (including intermediate marks, excluding offset marks) must be captured.
• The file must contain available ties to the State geodetic network or if none, ties to the existing cadastre to allow accurate positioning of the survey.
• Field record numbers are to be included in the file. See Data Requirements (Record 12 polyident2)
• Landgate does not require interests that are coincident with a created lot (Whole of Lot) to be included in the CSD file. Interests coincident with a lot severance are required.
• All files with a Projected coordinate must be either MGA94 / MGA2020, or a GDA94 / GDA2020 version of the Landgate Project Grids.  For specification refer to Project grid and calculations.
• Non-compliant CSD files will be requisitioned.

1.1  Special Survey Area Subdivisions

• It is preferred that  coordinates  are supplied based on MGA94, GDA2020 or Landgate Project Grids (Projection) such as Perth Coastal Grid (PCG94) rather than arbitrary plane coordinates.
• Observed data is required, as per the Survey Practice Guidelines for Subdivisions within Special Survey Areas under Regulation 26A of the Licensed Surveyors (General Surveying Practice) Regulations 1961.  Final adjusted control values must be lodged in an eFB CSD file (refer Land Surveyors Licensing Board’s Survey Practice Guidelines for Subdivisions Within Special Survey Areas, section 7.0).

2  Digital Electronic Record Specifications

From 1 October 2018, Landgate will only accept version 2.0 CSD files  .

Note: Attributes and Definitions written in Italics could be expected to be input by software and may not be the concern of a user.

2.1 Miscellaneous Remarks

Record example: - 0,”This is a sample of a miscellaneous remark”

The adoption of GDA2020 requires a value (text string) to be inserted into each CSD file to differentiate between WGS84 on the GDA94 and GDA2020 datum.  On lodgement of a CSD file through the NLR-Plan Surveyor Portal, Landgate will copy the CSD file and insert the appropriate value as a Miscellaneous Remark in the first occurrence of RECORD ID 0. Text inserted will be “(Datum=GDA94) ” or “(Datum=GDA2020)”.

Record example: - 0,“(Datum=GDA2020)”

2.2 Main Header Record

Record example: - 1,”2.0”,20181130,T,”A CAMPBELL”,”LOT 1 OF SWAN LOCATION 1305”

2.3 Record Count

Record examples: 2,0,12 and 2,1,1 and 2,2,3

2.4 Spheroid Constants used in Coordinate Computations

Record example:- 3,”GRS80”,298.257222101,6378137.0

2.5 Projection Constants used in Coordinate Computations

Record example:-

4,52,“MGA”,50,117.00000000,6.00000000,0.50000000,500000.000,10000000.000,0.99960000,0.00000000

4,1,“PCG94”,0,115.8166667,0.6416666,0.0,50000.0,3800000.0,0.99999906,0.0

• All attributes must be provided if a Transverse Mercator projection is used.
• Trailing non-significant zeros may be omitted as shown in the example above.
• CSD Editor and Landgate's internal system processing rules for MGA files determine the zone and projection from values in "tmzone" and "projnme" only. Those values must match the actual MGA zone of the file. Values for "zonecm" and "cmzone" are locked to MGA zone 50 values, regardless of the actual MGA zone of the file – i.e. zonecm & cmzone should always be 50 & 117 respectively.
• For all submissions; RECORD ID 0 – Landgate will add a miscellaneous remark at RECORD ID 0 , into copies of original CSD submissions The datum text string will be inserted on lodgement of a CSD file through the NLR-Plan Surveyor Portal – it does not need to be added manually.  Example  - 0,"(Datum=GDA2020)"

2.6 Point Record

Record examples:-

10,1,50123.469,49861.098,456.532,0.020,T,O,Y

10,2,50617.135,49747.483,256.823,0.001,L,S,“KAL87”,Y

• If a Point record is referenced by a Line, Azimuth or Angle record then it must be supplied.
• Existing SSMs must have the SSM name as the pntlabel.

2.7 Line Record

Record example:

11,1,1,2,S,Y,23.150,G,4000,M,R,

• Both of the point records referenced must exist.
• If a Line record is referenced by an Angle, Azimuth or Polyline record then it must exist.
• If a Line record is referenced by a Circular arc record, then it must exist with a linconst of “A”.
• If a Line record is referenced by a Topographic string, then it must exist with a linconst of “T”.

Examples of lintype, demonstrating order of precedence:

• If a road abuts a lot, then the line type is R for road.
• If two lots abut then the line type is I for Cadastral Internal.
• If a lot and an easement abut then the line type is I for Cadastral Internal. By definition, outside of the precedent rule:
• If two road polygons abut then the line type is C for Cadastral Construct.

2.8 Polygon Record

Record example:- 12,1,50070.223,49931.437,F,”34”,1632,”68”,”ORRONG ROAD”

• Surround Polygon or Multiple Surround polygons linked by traverse for those plans with split subjects of survey. This is the extent of the survey on the plan. A surround polygon/s is required for all plans, this includes surveys of one polygon.
• All lots, locations, roads, road truncations, road widenings, ROWs, PAWs, closed roads and any other primary tenure polygon within the extent of survey require a polygon record.
• A polygon is required for each severance or segment of a lot
• Easements must also be captured but are not considered as primary tenure polygons and are therefore not considered to be inside the surround for the purpose of area validation.
• An easement polygon is required for each lot the easement encumbers.
• Where an easement passes through a polygon, sufficient connections to cadastral corners to position it, are required.
• Where an easement line crosses or Intersects a cadastral line, the cadastral line must be dissected.
• Where an easement line is coincident with a cadastral line, the cadastral line takes precedence. No coincident lines are allowed in the csd files.
• All polygons must be captured in a clockwise direction.
• All polygons must conform with the polygon naming convention defined in the Polygon Naming Convention.
• All polygons must have associated polyline records.
• Street address to be supplied if available.

2.9 Angle Record

2.10 Azimuth Record

Record example:- 14,1,1,1,30:45:5,0.0167,A,M

• The line record and the point record must exist.
• Azimuths supplied in a plane coordinate file as aztype “M” will be treated as bearings, observed azimuths will be maintained as such.
• Only supply azimuths if they are observed or required for plan orientation.

2.11 Circular Arc Record

Record example:- 15,12,10.060,50026.456,51044.837

For an arc to exist, so must the supporting line. With a line of linconst of: A= clockwise arc

2.12 Topographic String Record

Record examples:- 16,43,1,50667.345,51500.835

16,43,2,50654.545,51534.567

• The line record referenced must exist
• All the internal points of topographical strings must be defined sequentially within each record. The sequence number (strgseqno) must be in order starting from 1, with no gaps in the numbers.
• Points on Topographic strings need to be close enough to represent the boundary; not, as in the past, close enough to merely define a curve to ensure an accurate area calculation.

2.13 Polyline Record

Record example:- 17,3,4,16,F

The line and polygon records referenced must exist and the sequence number (polyseqno) must be in order starting from 1 with no gaps in the numbers.

2.14 End of File Record

Record example:- 99

2.15 Polygon Naming Convention

Polyident values need to match exactly. Please conform to historic conventions where possible and label creating document when known.

2.15.1 Surround

• A surround polygon/sis required for all CSD files that support the lodgement of a plan
• the surround polygon/s is to encompass the perimeter of the subject area of the plan. For the “SURROUND” polygon Polyident1 must contain the word “SURROUND” in upper case and Polyident2 may contain the numbers of all field record used for the plan of subdivision.  Field records registered at the time of plan registration will be added by LANDGATE.  Separators of dashes (to indicate consecutive numbers) and commas (for non-consecutive numbers) should be used.       E.g. “67120,67122-5,67127”

2.15.2 TLA Polygons

TLA polygons were originally used for Freehold and Strata surveys. They now include Crown surveys, as lots created on a Crown surveys are now referred to as a “lot on plan” instead of a Crown lot type and number (such as, Location, Townsite lot, etc.)

• For New Lots polyident1 is the lot number; polyident2 is not applicable and must remain blank.
• If a lot comprises two or more polygons then there will be a duplication of polytype, polyident1 and polyident2. Additional information relating to multiple segments or part lots is not required. See example for lot 23 below.

2.15.3 Crown Polygons

• These polygons are applicable to historical imported Cadastral Survey Data only. Lots created on Crown surveys are now captured as TLA polygons.
• For Crown lots polyident1 is the lot number and polyident2 is the associated crown lot name.

2.15.4 The Following Applies to all Polygons

• For road polygons created, polyident1 is to be the road name, or “ROAD 1”, “ROAD 2” etc. if there is a road name approval exemption. polyident2 is not applicable and must remain blank.
• Truncations that form part of the new roads being created are to be treated in the same manners as road polygons.
• For truncations, the polyident1 road name must be the approved road name. “Truncations”. “Trunc” or other similar terms are not acceptable values.
• For road widenings, including truncations, of existing roads,  without a Lot Number, polyident1, is blank, polyident 2 is the text “WDG”.
• For closed roads polyident1 is the text “CLOSED ROAD” and polyident2 is blank.
• For easements and portion only covenants and notifications polyident1 is the section and regulation of the relevant act under which the easement, covenant or notification is effective. If an easement or covenant has been created by a deed and no Act applies polyident1 is to be “Doc”. Polyident2 is the lot the easement encumbers, followed by subject then creating document if applicable  .

[Lot]-[Subject]

[Lot]-[Subject]-PXXXXXX (max 6 digits)

[Lot]-[Subject]-DXXXXXX (max 6 digits)

[Lot]-[Subject]-SPXXXXXX (max 6 digits)

[Lot]-[Subject]-DPXXXXXX (max 6 digits)

[Lot]-[Subject]-TXXXXXX/YYYY (max 6 digits / max 4 digits)

[Lot]-[Subject]-DOC

[Lot]-[Subject]-DOC AXXXXXX (single letter then max 6 digits)

The combination of polyident1 and polyident2 is restricted to 58 characters

• The polyident1 field is reserved for lot number only (or it may be left blank if not applicable) and the polyident2 field is used in describing the type of lot, purpose or road name.