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1. Deposited Plan Types and Purposes
1.1. Plan Type
There are only two recognised types of Deposited Plan:
- Freehold for Plans relating to land registered under the Transfer of Land Act 1893
- Crown for Plans prepared for the purposes of the Land Administration Act 1997. Plan Types.
The ‘Type’ panel on the Deposited Plan should record either Freehold or Crown. Where a Plan contains both Crown and Freehold land the Plan Type is generally determined from the following criteria:
- DPLH/Lands made an instruction for the Plan to be prepared and a DPLH file reference exists then the Plan type is Crown. A Crown Land amalgamation (with adjoining Freehold land) is an exception to this rule – the Plan Type in this case is Freehold. (See Specific Plan Purposes Section 2.)
- If the Plan is prepared for private purposes, then the Plan type is Freehold.
1.2. Plan Purposes
The ‘Purpose’ panel on the Deposited Plan should record the purpose of the Plan. Only one purpose can be recorded per Plan (except for sole subject roads that require a Crown Land Title to be prepared– refer ‘Acquisition’ below).
Allowable Plan purposes include:
1.2.1. Subdivision
A Plan that will lead to the creation of new Titles (excluding the other ‘purpose’ categories below). Refer also to Plan Approval Requirements Sections 2 and 3.Except for land acquisitions under the LAA, road widenings that require a balance lot to be depicted on the Plan are to be regarded as having a purpose of ‘Subdivision’. Road widenings that automatically dedicate do not require a lot number.
1.2.2. Acquisition
The taking of interests in land for public purposes (usually roads) under part 9 of the LAA requires a plan with a purpose of ‘acquisition’. See section 2 of SPP-11 (Specific Plan Purposes).
1.2.3. Crown Land Amalgamation
Where the sole purpose of a Plan is for the amalgamation of Crown Land with Freehold Land. See section 2 of SPP-11 (Specific Plan Purposes). The Plan type must be shown as Freehold.
1.2.4. Road
Most roads will now be created on Plans of subdivision but where a road is being created within a large tract of Crown land it may still be possible to have a road as the sole subject of a Plan. The purpose of such a Plan is ‘Road’ except where there is a need to create a Crown Land Title for the road parcel – the Plan Purpose in these situations is ‘Acquisition (Road)’.
1.2.5. Road Closure
This Plan Purpose is used when the only purpose of the Plan is to close a dedicated or private road.
1.2.6. Vesting in the Crown
Where it is necessary for a section 152 of the P&D Act lot or lots to be the sole subject of a Plan, the Purpose of that Plan should be recorded as ‘Vesting in the Crown’.
1.2.7. Conversion
For Titles to be created an unambiguous ‘lot on Plan’ parcel identifier (PI) is required. There are many parcels in the current system that do not meet this basic requirement and to allow Titles to be created for those parcels Conversion Plans need to be prepared. For example, balance lots created by subdivisions (not road widenings) and lots created by sketches on transfer will require Conversion Plans.
Due to the high volume of Conversion Plans prepared by Landgate for SmartRegister purposes such plans may not necessarily always meet the normal drafting standards. As a minimum, Conversion Plans prepared by Landgate will match the standard of the paper title sketches. Landgate no longer prepares such plans.
A Conversion Plan is to be prepared by a surveyor if an owner urgently requires a balance Title for land still held on a paper Title. (See Plan Approval Requirements Section 5) Conversion Plans prepared outside of Landgate must be drafted on a standard form to the same standard as subdivisional DPs, certified by a licensed surveyor and Examined by Landgate. (See Specific Plan Purposes Section 10.)
Plans with a Purpose of ‘Conversion’ are also required for applications to bring land under the TLA.
1.2.8. Redefinition
Crown ‘Redefinition’ Plans may be required where:
- subsequent repegs of Crown land reveal large differences with the original survey, or
- the condition of the original graphic has deteriorated.
- Freehold ‘Redefinition’ Plans include:
- Possessory Title applications, or
- plans associated with applications under sections 159 (see Survey Guidelines Section 16) and 170 (see Surveys of Water Boundaries Section 7) of the TLA.
1.2.9. Interest
‘Interest Only’ Plans are to be lodged by surveyors where documents lodged to register a new interest or amend an existing interest refer to a spatial extent depicted on a Deposited Plan. Generally, all interests that are to be registered over part of the land in a Title require a Deposited Plan to define the spatial extent. The only exceptions to this principle are:The ‘Interest’ purpose is only to be recorded when an interest or interests is the only subject of a Crown or Freehold Plan.
- Caveats
- Freehold Leases
- Simple ‘bore’ easements between neighbours.
1.2.10. Statutory
‘Statutory’ Plans are used:
- To facilitate actions under various statutes in reference to particular areas of land. They do not affect tenure but impose conditions or lift constraints on the subject of the Plan.
- For ‘Notices of Intention to Take’.
- For administrative boundaries and these boundaries can be of a temporary nature exempting an area for 1 day from restrictions under law that would not allow the proposed activities to take place. Examples of a more permanent nature include definitions of Port Authority areas, custom areas, off-road vehicle areas, shire and rating area.
- Where the nature of the administrative process does not justify the expense of survey and marking.
2. Plan Heading1
A description of all new lots and interests created by a Deposited Plan or Strata/Survey Strata Plan is to be shown in the heading panel labelled ‘PLAN HEADING’. See below table for details and required order.
Note: New interests and notifications being created by document only are NOT shown in the heading. Existing interests being brought forward are not to be included in the heading. See plan example 51.
1Section updated and table added 17/03/2021
3. Local Government and Locality
The local government and locality of the land under survey is to be shown.
4. Former Tenure
Where the subject land is only one parcel involving only one Title then, in the space labelled ‘Former Tenure’ in the Plan Title block, show the former tenure in a ‘lot on Plan’ format together with the Certificate of Title volume and folio number.
Plans involving more than one parent lot or Title are to include a table (see Table 10.1 below and plan example 1) showing all the new land parcels created together with the respective former tenure for those lots, the parent survey plan and the relevant Certificate of Title volume and folio numbers (a requirement for searching Landgate’s image system).
Table 10.1: Example of Former Tenure Table
Roads and road widenings that automatically dedicate on approval of the Plan are only to be included in the Former Tenure Table if they comprise any whole existing Title/s that are to totally disappear when the Plan is approved. Where a road or road widening automatically dedicates as a result of a subdivision of a single lot/Title, the former tenure is shown in the ‘Former Tenure Box’ as a whole lot (refer to plan example 4). Otherwise, where multiple former lots/Titles are involved in a subdivision the affected former lot/s are shown as parts in the ‘Former Tenure Table’. (See plan example 15.)
Where a subdivision involves land in a Plan for which a Title has not been issued as yet, the Former Tenure Table should see the previous lot/s on Plan only. The ‘Title’ column in the table is to be left blank.
4.1. Depiction of Part Lots in Former Tenure
To allow most of the existing lots described as part lots (as a result of road excisions, etc.) to be captured as digital titles it was necessary for them to be captured as whole lot Titles endorsed with an exclusion notation (e.g. ‘excludes road shown on CP1234’). These same lots were also converted en masse in the spatial database to be shown as whole lots.
New Deposited Plans should show these lots (ie. former part lots that have been captured as whole lots) as whole lots in the former tenure box/table.
Those part lots that have not been, or could not be captured should be shown as ‘Pt’ lots in the former tenure table.
4.2. Dual Numbering of Crown Plans and Diagrams
Surveyors encountering dual numbered Plans must only use the new Deposited Plan number in the Former Tenure Box or Table. See Searching Landgate Records Section 5.
5. Field Records
The ‘FIELD RECORDS’ section contains the field record numbers that are relevant to the survey that defines the subject land. In the case of a compiled plan then the notation ‘COMPILED’ should be used instead of the FB number.
For Special Survey Areas the field records listed in this section of the title block should be the ‘re-establishment and control’ field records for the subdivision. For subdivisions within SSAs, it is not necessary to include a field record if the survey has been carried out using only existing permanent marks within the SSA.
6. Surveyor's Certificate
The surveyor must ensure the Surveyor's Certificate (Reg 54 or Compiled) is signed on all Deposited Plans.
The responsibility for the entirety of the plan resides with the signing Licensed Surveyor (see Notice to Surveyors 01/2007- from the Land Surveyors Licensing Board).
6.1. Survey Firm
Surveyors are to show Survey Firm information (telephone number and email address). This will assist Landgate in any contact required with the Surveyor or firm and ensure that In Order for Dealings Copies of Deposited Plans are returned to correct firms.
Date .........................Signed .................................(Licensed Surveyor)
7. In Order for Dealings/ Approved
The processes for ‘Plan In Order For Dealings’ and ‘APPROVED’ are the same for both Crown and Freehold Plans.
When a Plan is made ‘In Order For Dealings’ a list of all actions necessary for Titles to issue is inserted in that panel by the Plan Examiner.
The annotation ‘Reg 26A’ or ‘Reg 21(1)’ shall be shown within the ‘Approved’ panel if the Plan is subject to those particular regulations. ‘Reg 26A’ refers to special surveys carried out under general regulation 26A. ‘Reg 21(1)’ refers to special Crown surveys carried out under regulation 21 of the Land Administration Regulations 1998.
7.1. Plans for Metropolitan Redevelopment Authority
Previously, land under the control of various Redevelopment Authorities was administered under separate legislation e.g. Midland Redevelopment Act 1999. New legislation, Metropolitan Redevelopment Authority Act 2011, has been enacted creating one authority for land controlled by various Redevelopment Authorities. When dealing with Metropolitan Redevelopment Authority land, the Planning Approval section of the Deposited Plan Mask should be shown as below:
|
APPROVED BY Hon. MINISTER FOR PLANNING Under Sec. 20 of the Metropolitan Redevelopment Authority Act FILE………………………….. ……………………………..…………………………………………… Hon. MINISTER FOR PLANNING DATE |
8. Total Area
The ‘total area’ for Crown surveys is to be shown within the graphic area of the new Plan form.
9. Easements
Easements, Covenants, Notifications and Other Interests covers the practices related to the presentation of both Crown and Freehold easements.
10. Section 152 of the P & D Act Vesting Land
If one or more land parcels of the subject land are to vest in the Crown, a notation quoting the lot number, lot usage and section 152 is shown on the Plan. This notation should be placed in the ‘Schedule of Interests and Notifications’. (See Easements, Covenants, Notifications and Other Interests Section 1.) The land usage is also noted within the lot itself. (See plan example 33 and 32.)
Surveyors are advised that plans of subdivisions subject to a proposed reserve under section 152 of the P&D Act must depict the purpose on the plan exactly as described in the WAPC condition for subdivisional approval.
Any clarification or interpretation of a vesting purpose is to be referred to the WAPC. Also see Appendix 8.
Section 167 P & D Act Easements (old section 27A of the TP&D Act) are the only accepted interests over vesting land. Easements in gross to private companies - e.g. Wang/Parmelia - gas pipelines, restrictive covenants caveats and mortgages are unacceptable and must be removed.
Where Planning conditions require lots to be transferred to the Crown for purposes other than those covered under section 152 a notation is to be shown in the Interests & Notifications table on the plan stating LOT... TO BE TRANSFERRED TO THE CROWN... for a specific purpose. This notation should be placed in the comments column of the ‘Schedule of Interests and Notifications’ (refer). Easements, Covenants, Notifications and Other Interests Section 14deals with easements and covenants over vesting land.
11. Special Survey Area Plans2
In the title block of each Plan near the heading, there is a 'SSA Yes/No section. It is important that surveyors cross out the appropriate word (i.e. either 'yes or 'no'). This will ensure the plan proceeds through the correct channels at Landgate. Surveyors are reminded that for SSA compiled Plans a Survey Sheet is not required and the only reference to the SSA Guidelines is in the Approved panel where "Approved - Reg 26A(4)" is shown.
Where the option 'yes' is selected (i.e. 'no' crossed out) the survey and Plan must comply with the "Survey Practice Guidelines for Subdivisions within Special Survey Areas" issued by the LSLB. See plan examples 28 and 50.
2Section added 11/08/2020
12. Original Crown Allotment Boundaries on Freehold Plans
The bringing forward of original Crown allotment boundaries onto Freehold Plans is not required unless a depth limitation in the original Crown Grant (see General Drafting Practices Section 45) or some other spatial element affecting the parent Title (e.g. a notification) needs to be identified.
Where a depth limit from a Crown Grant applies to only part of a new Freehold lot the extent of the original Crown allotment that forms part or the whole of the subject of the Plan must be shown. If all the subject land for a Plan has the same depth limitation the original Crown allotment boundaries need not be shown.
On plan example 7, Nelson Location 4495 has a depth limit of 60.96 metres and its extent relative to that Plan is shown in the normal manner. The original Crown boundaries for Location 3880 are not shown (except where it abuts Location 4495) because it has no depth limit.
On plan example 20, Esperance lot 2080 (a Crown grant in trust) has a depth of 12.19 metres and so the original boundary is shown through the new lot 110
13. Plan Notations
13.1. Common Notations
The following are common notations used on Plans:
- COMPILED FROM P....., D.....,DP……., FB ......, C/T .........
- LIMITED IN DEPTH TO …….. METRES AS TO LOT ……. ONLY
- DATUM FOR LEVELS - AHD (SSM........ .)
- CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH EXECUTIVE MINUTE 10/92
- CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH EXECUTIVE MINUTE 17/90
- CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH SURVEY REGISTRATION MINUTE 1/98.
- EASEMENT CASEMENT CALCULATED FROM CENTRELINE TRAVERSE.
13.2. Special Conditions
Where special conditions for survey exist a notation shall be shown to indicate these conditions.
General regulation 26A or LAA regulation 21(1) notations can be as follows:
- CENTRELINE/TRAVERSE SURVEY, NO CLEARING OR TRENCHING ON BOUNDARIES
- INTERMEDIATE MARKING OVER 250 METRES
- DIMENSIONS DERIVED FROM GPS OBSERVATIONS
- HWM DERIVED FROM GPS OBSERVATIONS
- HWM BASED ON AERIAL PHOTOGRAPHY _____________Date
- HWM DERIVED FROM SCDB _________________Date
- BOUNDARIES COMPLETELY UNMARKED BUT RELATED TO THE SSM’S (Note: Used for surveys under the “26A ROADS (OPEN) GUIDELINES)
- SURVEYED IN ACCORDANCE WITH GUIDELINES FOR ROADS THROUGH STATE FOREST (Note: Used for surveys under the “26A ROADS (FOREST) GUIDELINES)
An appropriate alternative notation can be used for any other unique circumstance, the notation ‘Reg 26A’ or ‘Reg21(1)’ is to be shown in the approval panel of the Title Block.
All compiled Plans with calculated boundaries must comply with Operational Directives (subject to Reg 21(1)). Notations for these plans will be ‘Calculated Dimensions Derived in Accordance with Executive Minute ……..’
14. Plan Amendments
Table 10-2: Example of ‘Amendment Schedule’
14.1. Replacement Plans
A replacement Plan, with version control, is required for any amendment to a Plan. Amendments include any changes to the Plan instigated by the surveyor or Landgate Examination Requirements.
Also a new CSD File is required with replacement Plans where the surveyor has amended lot boundaries or added / amended Easement details.
Replacement of hardcopy Deposited Plans is to be a digital version. Any amendments to Plans lodged prior to the introduction of Deposited Plans require cancellation of the superseded Plan and lodgement of a new digital Deposited Plan.
Landgate will not carry out any amendments to Plans.
14.2. Schedule for Replacement and Amendments to Deposited Plans throughout the Examination Process
Refer to Transfer of Land Regulations 2004.
Table 10-3: Version Change and Scanning Requirements for Plans
14.3. Examination Amendment Table
Version - 2 (History of versions not required).
Amendment - statement to be “Examination Requirements”.
Authorised By - the name of the surveyor only is required (signature not required)- name of firm or drafting contractor not required.
15. Authority for Correction of Errors on Plans after Plan Approved
The schedule below sets out the policy of the Commissioner of Titles on Plan amendments after they have been approved by the Inspector of Plans and Surveys or an Authorised Land Officer.
15.1. Schedule
- Extent of Correction for Areas and Distances
- Correction of Angles - Authority to amend governed by the effect of the extent of correction on areas or boundary lengths (see 1 above).
- Correction of Tables and Endorsements (Other Than Area or Dimensions) - Formal ‘Direction to Amend’ by the Deputy/Commissioner of Titles is required for amendments to easements, covenants and notifications etc. shown on a plan/diagram.
- Other Corrections
This schedule does not deal with corrections to graphics on paper Certificates of Title that may be necessary after correction of the relevant Plan.
16. Cancellations3
16.1. Crown Plans
Cancellation of Crown Plans is under the direction of DPLH/Lands and certified accordingly by an Authorised Land Officer.
16.2. Freehold Plans
For various reasons, existing Freehold Plans occasionally need to be cancelled. There are two main instances when freehold plans are requested to be cancelled:
- Type A - if a land owner has had a subdivision carried out and then decides that the subdivision should not proceed (providing it is prior to dealings being lodged), a written request, signed by the land owner, to Landgate/Inspector of Plans and Surveys to cancel the plan is required
- Type B - if a surveyor carries out a subdivision and the land being subdivided is the subject of a Plan that has not been dealt on, then this superseded Plan must either be dealt on or cancelled. If the cancellation option is chosen, the request for cancellation of the redundant Plan is made through the NLR-Plan Surveyor Portal. If a surveyor is aware that the land to be subdivided is to be the subject of a cancellation the Former Tenure Table should not reflect details of the Plan to be cancelled.
For Type A cancellations, consent to the cancellation from any authority that has an interest that would have been automatically created on plan approval is required. This does not include the automatic creation of roads or road widenings.
On receipt of a cancellation request, the Plan is prepared for cancellation, is cancelled by the Inspector of Plans and Surveys and Landgate systems are updated to show a status of ‘Cancelled’.
All relevant authorities are notified of the cancellation if the Plan has been endorsed by WAPC.
A fee is charged by Landgate for the cancellation of a Plan and payment is required before the plan will be cancelled.
Note:
- Plans cannot be cancelled once Dealings have been accepted.
- Landgate will send an account and a copy of the Plan showing cancellation to the person who requested the cancellation.
- “land owner” is to be interpreted as all the registered proprietors of the certificates of title relevant to the plan or diagram subject to the request for cancellation.4
16.3. Scheme Plans
For various reasons lodged scheme plans occasionally need to be cancelled:
- Type C - If a land owner has had a survey carried out to create a strata titles scheme and then decides that the scheme should not proceed, a written request to cancel the scheme plan is required from the owner/s to Landgate/Registrar of Titles.
- Type D - If a previous scheme plan was lodged but never registered (Application for Titles of a strata title scheme never lodged) and a new scheme plan has been lodged over the same parent parcel (due to a change in the type of scheme, configuration or number of lots), the previous scheme plan must be cancelled. This request is best made by the surveyor through the NLR-Plan Surveyor Portal. The surveyor is to notify any relevant rating or taxing authority of the intention to cancel and provide to Landgate a letter of acknowledgement from any such authority.
On receipt of a cancellation request, the scheme plan status is updated to "Cancelled". The scheme plan is stamped to show “Cancelled” on all sheets.
The following Authorities are notified by letter of the cancellation:
- WAPC (for plans not exempt from requiring WAPC approval)
- Local Government
- Valuation Services (Landgate)
- RevenueWA
- Water Corporation
- Western Power
- ATCO Gas Australia
A letter is also sent to the owner or surveyor who requested the cancellation. A fee is charged by Landgate for cancellation of the scheme plan.
“land owner” is to be interpreted as all the registered proprietors of the certificates of title relevant to the plan or diagram subject to the request for cancellation.4
3Section updated 01/10/2021
4Dot point and sentence added 25/11/2021