Plan statements

Road dedication

In accordance with s.195C(1)(d)(i) Conveyancing Act 1919, any plan intending to create new roads, road widening or pathways (and which is subject to Subdivision Consent by a certified authority) must include a statement of intention to dedicate the new road to the public in the appropriate panel on the administration sheet.

IT IS INTENDED TO DEDICATE JOHN ROAD, THE PATHWAY 3 WIDE AND THE ROAD WIDENING TO THE PUBLIC AS PUBLIC ROAD

Where the road being dedicated is temporary road specific mention of that fact will be included in the statement.

LOT ... IS INTENDED TO BE DEDICATED TO THE PUBLIC AS TEMPORARY ROAD

Where the land burdened by a subsisting easement (not intended to be released) is being dedicated as public road the statement of dedication should be suitably qualified.

IT IS INTENDED TO DEDICATE JOHN ROAD TO THE PUBLIC AS PUBLIC ROAD, SUBJECT TO THE EASEMENT FOR TRANSMISSION LINE 20.115 WIDE CREATED BY DP801234

Road proclamation

A plan by council showing road to be created in the future by proclamation in the Government Gazette must show the proposed road as a lot in the plan and include a statement indicating the intention in the panel on the administration sheet. 

PURSUANT TO S.10 ROADS ACT 1993 IT IS INTENDED TO PROCLAIM LOT 2 (JOHN ROAD) AS PUBLIC ROAD

Prior to the proclamation of the new Roads Act 1993, it was the practice of LPI to show new roads in plans prepared by the Housing Commission (now Housing NSW) as roads, (i.e. not as lots) with the Commission dedicating to the public by means of a subsequent notice in the Government Gazette.

Public Reserves and Drainage Reserves

In accordance with s.195C(1)(d)(ii) Conveyancing Act 1919, any plan intending to create public reserves and/or drainage reserves must include a statement in the panel on the plan in the administration sheet.

IT IS INTENDED TO CREATE LOT .... AS A PUBLIC/DRAINAGE RESERVE

Easements

Any plan which, upon registration, intends to create easements, restrictions on the use of land, or positive covenants under s.88B Conveyancing Act 1919 must include a statement of intention to create each easement or restriction in the appropriate panel on the administration sheet of the plan (see s.88B(2)(a-d)).

PURSUANT TO S.88B CONVEYANCING ACT, 1919, IT IS INTENDED TO CREATE:

1. EASEMENT TO DRAIN WATER 3 WIDE

2. RESTRICTION ON THE USE OF LAND

3. POSITIVE COVENANT

4. EASEMENT TO DRAIN WATER OVER EXISTING LINE OF PIPES

Any plan which, upon registration, intends to release easements, under s.88B Conveyancing Act, 1919 must include a statement of intention to release each easement in the appropriate panel on the administration sheet of the plan (see s.88B(2)(c1)). 

PURSUANT TO S.88B CONVEYANCING ACT 1919 IT IS INTENDED TO RELEASE:

1. RIGHT OF CARRIAGEWAY 20.115 WIDE (M123456)

A restriction on the Use of Land and/or a Positive Covenant cannot be released in Part 1A of a s.88B instrument. The appropriate Real Property Act dealing form will need to be lodged to release the covenant(s).

Acquisition or resumption

Any plan lodged by, or on behalf of a prescribed authority for acquisition purposes, must include a statement in the appropriate panel of the administration sheet specifying the lot intended to be acquired.

IT IS INTENDED TO ACQUIRE LOT .... FOR TELECOMMUNICATIONS PURPOSES.

Any easement plan lodged by, or on behalf of a prescribed authority for resumption purposes, must include a statement in the appropriate panel of the Administration Sheet.

IT IS INTENDED TO ACQUIRE AN EASEMENT/RIGHT....

Roads and Maritime Services

Any plan lodged by, or on behalf of the Roads and Maritime Services defining the boundaries of future roads, road-widening or motorways must include a statement in the appropriate panel of the administration sheet setting out the intention in regard to each lot in the plan. In the case of a plan of proposed motorway, a statement should also be added indicating that the land is to be acquired for that purpose and that access across specified boundaries will be denied. 

LOTS 1 TO 14 INCLUSIVE ARE REQUIRED FOR ROAD WIDENING AND AFTER ACQUISITION WILL ULTIMATELY BE DECLARED PUBLIC ROAD

LOTS 23 TO 26 INCLUSIVE ARE REQUIRED FOR ROAD AND AFTER ACQUISITION AND REMOVAL OF IMPROVEMENTS WILL ULTIMATELY BE DECLARED PUBLIC ROAD

LOT 15 IS PART OF ROAD IN USE WHICH WILL BECOME UNNECESSARY AND WILL BE DISPOSED OF

LOTS 16 to 22 INCLUSIVE ARE REQUIRED FOR MOTORWAY UNDER PART VAA OF THE MAIN ROADS ACT, 1924. ACCESS WILL BE DENIED ACROSS THE BOUNDARIES MARKED A-B, C-D-E-F, G-H-J-K 

Coal definition

The NSW Coal Compensation Board was required to lodge plana and have titles created for coal, in an estate in fee simple (see s.4(3) Coal Ownership (Restitution) Act 1990), for all successful claims for coal compensation (see cl.10 Coal Ownership (Restitution) Regulation 2000). A coal definition statement was included within the plan drawing area of the plan.

LOT 1 IS LIMITED TO COAL

THIS PLAN HAS BEEN PREPARED BY THE NSW COAL COMPENSATION BOARD TO FACILITATE THE CREATION OF A TORRENS TITLE FOR COAL OWNERSHIP PURSUANT TO THE COAL OWNERSHIP (RESTITUTION) ACT 1990

Riparian boundary consents

Mean High Water Mark

The definition of the Mean High Water Mark will require the consent of the adjoining authority (Crown Lands Division, Roads and Maritime Services etc) to be endorsed on the administration sheet of the new plan in nearly every case. The provisions of Section 55N Coastal Protection Act 1979 (as amended) will also apply wherever the new definition makes a claim of accretion to the adjoining parcel.

For more information and examples of the appropriate consent statements to be shown on the plan see Doctrine of accretion and erosionTidal boundaries (MHWM) and Consents to natural boundaries.

Non-tidal rivers and streams

Any new plan that re-defines the bank of a river or stream in a position varying from the last plan of survey will require the consent of Crown Lands Division. For requirements and form of the consent see Doctrine of accretion and erosionNon-tidal boundaries (streams or lakes) and Consents to natural boundaries.

Go to NSW Legislation website www.legislation.nsw.gov.au/