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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.