Restrictions on subdivision affect both Crown leasehold and Incomplete Purchase land. As part of the sale and/or conversion of leasehold Crown land to freehold title the Minister may impose restrictions on use on the land pursuant to Section 77B Crown Lands Act 1989 and Schedule 4 Crown Lands (Continued Tenures) Act 1989. These restrictions may prevent:
- subdivision of the land or
- consolidation of the land or
- registration of any dealing that would result in the separate ownership of multiple lots previously contained in a single holding or of any subsequent grouping of those lots.
Where these restrictions have been imposed by the Minister they will appear on the certificate of title as a restriction on use rather than as a crown condition. The notification preventing subdivision is recorded on the certificate of title as follows:
RESTRICTION ON USE (PREVENTION OF SUBDIVISION) SEE SECTION 77B CROWN LANDS ACT 1989
Prior to 1989 this restriction was endorsed on title referring to either:
- Section 3 Closer Settlement (Amendment) Act, 1918 (now repealed)
- Sections 146, 146B and 257 Crown Lands Consolidation Act, 1913 (now repealed) or
- Section 21B Prickly-pear Act, 1924 (now repealed)
Restrictions of subdivision and/or consolidation may also be entered on a title by means of a Memorandum dealing, viz:
BALANCE OF PURCHASE MONEY FOR .....IS PAYABLE. RESTRICTIONS ON DEALINGS AND SUBDIVISION. SEE MEMORANDUM.....
New plans subdividing titles subject to Crown restrictions on user
Section 77B(4) states that where a restriction on use that prevents subdivision is recorded on title the Registrar General will not register a plan of subdivision without the consent of the Minister. Before a plan of subdivision can be registered either:
Minister's consent should be obtained - consent, granted by a delegate of the Minister for Lands, must accompany the plan. The consent may either be endorsed on the plan or be provided by separate letter. Where the Minister's consent to subdivision accompanies the plan the restriction on use will be carried forward on to each of the new lots created by the plan of subdivision or
The restriction on use should be released - in some circumstances Crown Lands may agree to release the restriction. If so, Release or Extinguishment on the Use of Land form 13 RRE (PDF 585 KB) should be used.
An Application (form 19MA) dealing should be lodged with the plan. The application will specify the restriction (and Crown Lease) details to be carried forward on the new titles.
As a Crown Reserve cannot affect part of a current title, all dealings (including those resolving dual ownership, mortgages etc) must be lodged with the new plan to enable simultaneous registration that will facilitate the creation of the new titles bearing the correct restrictions etc.
Inquiries relating to the subdivision of Crown Leasehold or Incomplete Purchase land may be directed to the nearest Crown Lands regional office.