Final Plans for Subdivisions

​​​​​​​​​​​​​Please note: any capitalised term has the meaning given to it in the Recorder’s Directions, the Tasmanian Participation Rules, the Tasmanian Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.

Requirement for Request For Final Plan To Be Made Effective

​​​​A Request for Final Plan To Be Made Effective is a request to have the accompanying Final Plan made effective pursuant to section 94 of the Local Government (Building and Miscellaneous Provisions) Act 1993.  

Version 3 of the Recorder’s Directions introduces the following requirement.

The lodgement with the Recorder of Titles of a Final Plan, together with all such documents that may be required by legislation must also be accompanied by:

​​​(a) all such documents that may be required by legislation; 

(b) all original Registry Instruments or other Documents that the Recorder otherwise requires to be provided; and

(c) a Request for Final Plan To Be Made Effective.

All the relevant provisions and requirements of the Directions apply to the Request For Final Plan To Be Made Effective.

There are transitional arrangements for subdivisions already in progress. ​​Information about the transitional arrangements is available on the Final Plans transitional arrangements​ ​webpage.

Application of the Request For Final Plan To Be Made Effective

​​Information about transitional arrangements is available on the Final Plans transitional arrangements ​webpage.

Request For Final Plan To Be Made Effective​

The Request ​For Final Plan To Be Made Effective is a request made on behalf of the Subdivider asking that the Final Plan .​

Subdivider​

​​Subdivider means the reg​istered proprietor(s) of all lands which form the whole or part of any lot on a Final Plan.

Final Plan​

​​​A Final Plan means a final plan referred to in section 89 of the Local Government (Building and Miscellaneous Provisions) Act 1993.​​

Requirements generally

A Subscriber for a Subdivider must, in respect of a Request For Final Plan To Be Made Effective, comply with the requirements of the Directions.

The requirements of the Directions include but are not limited to:

• ​​Representation by a Subscriber (except in specific circumstances)
• ​Verification of Identity
• Verification of Right to Deal
• Client Authorisation
• Retention of Evidence
• Certifications
• Signer to sign
• Provision of Contact Details and
• Compliance Examinations​.

​​Each Subdivider must, in respect of a Request For Final Plan To Be Made Effective, be represented by a Subscriber acting as a Representative (unless the Subdivider is a Self-represented Party and is also a Subscriber).

Subscribers who are Representatives are required to:

• conduct Verification of Identity (VOI) of relevant parties
• conduct verification of right to deal in a conveyancing transaction
• obtain authorisation – in a specific form – to act on a Client’s behalf in the conveyancing transaction
• retain documentary evidence showing that these steps were taken, and all other requirements were met
• provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken
• sign Registry Instruments or other Documents on behalf of their Client (where provided for), and 
• provide information and response in relation to Compliance Examinations undertaken to assess compliance with the obligations and responsibilities under the Directions. ​

Subscribers who ​are Self-represented parties are required to:

• retain documentary evidence showing all requirements were met
• provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken
• sign Registry Instruments or other Documents on behalf of their Client (where provided for), and 
• provide information and response in relation to Compliance Examinations undertaken to assess compliance with the obligations and responsibilities under the Directions. ​
  

​Signing and Certifications - ​​Request For Final Plan To Be Made Effective 

​​A Request For Final Plan To Be Made Effective must be signed by a Signer on behalf of the Subscriber.

Certifications are given upon the Signer signing.

​​Information about Signers is available on the Entitlement to Sign​ ​webpage.

All, and ​​only, folio(s) of the Register for any land which comprises the whole or any part(s) of any lots to be created by the Final Plan must be included in a Request For Final Plan To Be Made Effective​.

A Request For Final Plan To Be Made Effective can be lodged with the Recorder by way of counterparts and is to accompany the lodgement of the Final Plan.​

​​Information about transitional arrangements is available on the Final Plans transitional arrangements​ ​webpage.

Consent as it may be required with a Request For Final Plan To Be Made Effective​

As required, the consent of parties who have certain registered estates or interests in the land contained in the lots on the Final Plan may be required to be lodged together with a ​Request For Final Plan To Be Made Effective​.

If required, such consent must be obtained from a Consenting Party and prepared and evidenced using the Consent form.

​​Information about consent is available on the Consent ​webpage.

​​The Endorsing Party endorses and agrees to the ​Request For Final Plan To Be Made Effective and acknowledges the effect on the  registered estates or interests in the land (Endorsing Party registered estates or interests) arising from the Final Plan and associated ​Request For Final Plan To Be Made Effective and documents.

Endorsement is evidence of this endorsement, agreement and acknowledgement.

​​Endorsing Party

An Endorsing Party is:

​​(a) a Person (other than the Subdivider in respect of the relevant Request For Final Plan To Be Made Effective or a Consenting Party) with a registered estate or interest in ownership of the land described in a folio of the Register affected by a Request For Final Plan To Be Made Effective; or 

(b) the Crown or any public authority or local authority constituted by or under any Act relating to any easement in gross or covenant in gross created when the relevant Final Plan is made effective.

An Endorsing Party ​​is required to be represented by a Subscriber acting as a Representative for, and in connection with, the preparation and lodgement of an Endorsement (unless the Endorsing Party is a Self-represented Endorsing Party and is also a Subscriber).​

Subscribers who are Representatives are required to:

• conduct Verification of Identity (VOI) of relevant parties
• conduct verification of right to deal in a conveyancing transaction
• obtain authorisation – in a specific form – to act on a Client’s behalf in the conveyancing transaction
• retain documentary evidence showing that these steps were taken, and all other requirements were met
• provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken
• sign Registry Instruments or other Documents on behalf of their Client (where provided for), and 
• provide information and response in relation to Compliance Examinations undertaken to assess compliance with the obligations and responsibilities under the Directions. ​

Su​bsc​​ribers who ​are Self-represented parties are required to:

• retain documentary evidence showing all requirements were met
• provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken
• sign Registry Instruments or other Documents on behalf of their Client (where provided for), and 
• provide information and response in relation to Compliance Examinations undertaken to assess compliance with the obligations and responsibilities under the Directions. ​​

An example of an Endorsing Party is a registered proprietor receiving the benefit of an easement created by a Final Plan (who is not a Consenting Party and who is not the Subdivider).

​​​Obtaining Endorsement

​If Endorsement is required to accompany a Request For Final Plan To Be Made Effective, the Endorsement must be obtained from an Endorsing Party using the Endorsement form. 

The Endorsement (form) must have annexed a copy of the Final Plan and a copy of the Schedule of Easements in order for the Endorsing Party to give their endorsement.

​An Endorsement will be of no effect if the copy of the Final Plan and schedule of easements annexed to the Endo​rsement are not on the same terms as the Final Plan and schedule of easements lodged with the Registrar with the Request For Final Plan To Be Made Effective to which such Endorsement relates.

The Endorsement can be signed any time before or on the day of lodgment as it is relates to the annexed Documents including the annexed copy of the Final Plan and Schedule of Easements.

​​Information about transitional arrangements is available on the Final Plans transitional arrangements​ ​webpage.​

​Signing and Certifications - Endorsement

​An Endorsement must be signed by a Signer on behalf of the Subscriber.

Certifications are given upon the Signer signing.

​​Information about Signers is available on the Entitlement to Sign​ ​webpage.​​

Lodging Endorsement

​​The Endorsement (or a copy of the Endorsement) must accompany the Request For Final Plan To Be Made Effective when lodged. Each Subscriber (Representative or Self-representative) for an Endorsing Party providing Endorsement must also provide Contact Details to the Person who is to lodge the Request For Final Plan To Be Made Effective with the Land Registry.

​​An Endorsement (or a copy of the Endorsement) must accompany the Request For Final Plan To Be Made Effective.

(a) a Person (other than the Subdivider in respect of the relevant Request For Final Plan To Be Made Effective or a Consenting Party) with a registered estate or interest in ownership of the land described in a folio of the Register affected by a Request For Final Plan To Be Made Effective; or 

(b) the Crown or any public authority or local authority constituted by or under any Act relating to any easement in gross or covenant in gross created when the relevant Final Plan is made effective.