Registered proprietors and affected parties

Any deposited plan which on registration will become a current plan or any plan that bears a statement of intention to:

  • dedicate land as public road
  • create public reserve or drainage reserve, and/or
  • create an easement or restriction on the use of land

must be signed (under seal if necessary) in the panel provided on the administration sheet, by the registered proprietor(s) and every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the title relating to the plan [see s.195D(1) Conveyancing Act 1919]. Where the council is the registered proprietor of the land comprised in the plan, the council must execute the Administration sheet either under their seal or by the signature of a delegated officer ie the General Manager or by means of a Power of Attorney - see s.377(1)(h) Local Government Act 1993.

Where the current registered proprietors are members of a trust (set up by the Crown or other agency) the plan must be signed by the trustees.

Consent in writing to the registration of the plan must be furnished by any lessee, judgment creditor under any writ, caveator (where the caveat prevents registration of any plan) or any other person claiming an interest in the land - see s.195D(2) Conveyancing Act 1919.

A plan creating an easement and/or restriction must be signed by all parties affecting the servient tenement. Further, if the terms of the easement and/or restriction place a specific burden on the dominant tenement (eg maintenance, contribution to costs etc) the parties affected by that dominant tenement must also consent to the plan.

Where a mortgagee is in possession of the land in the plan, the signature of the registered proprietor may be dispensed with provided a statutory declaration is furnished declaring that the mortgagor is in default and the mortgagee is in possession. The plan and instrument should be signed by either the mortgagee, or their delegate. A certified copy of the Deed of Appointment of the delegate should be lodged with the plan.

Deposited plans lodged on behalf of the Crown, or the Commonwealth of Australia, subdividing or consolidating lands held in the name of the authority concerned, do not require signatures. However, if the plan bears councils approval and contains a statement to create road, public reserve, or easement or is accompanied by a section 88B instrument, the plan and instrument must be signed by an authorised officer of the authority.

Note A plan bearing a subdivision certificate issued by an Accredited Certifier, that includes new roads, laneways and / or public or drainage reserves must also be signed (or bear evidence of acceptance) by an officer of the local council.