Office Circular No. 10/2022
DATE: 14 OCTOBER 2022
CIRCULAR MEMORANDUM: 10/2022
DISTRIBUTION: GENERAL
SUBJECT: PRIORITY FINAL PLAN SCHEME – UPDATE
On 30 November 2020, the Land Titles Office (“LTO") introduced the Priority Final Plan scheme (“PFP scheme"), following amendments to Division 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 (the “Act"). The PFP scheme aims to contribute to red tape reduction in the State of Tasmania by more expeditious land development via legislated timeframes for acceptance of some sealed plan subdivisions.
The LTO has undertaken a post-implementation review of the first year of the PFP scheme (to 29 November 2021), finding that:
- 29.8% of plans purportedly lodged under the PFP scheme were not compliant with the scheme. Those plans therefore did not enjoy the benefits of the PFP scheme and were examined in the normal course of business; and
- the allocation of “requisition classes" to PFP scheme compliant plans shows that 31.9% provided an inadequate presentation, textual errors, or omitted administrative detail.
A detailed review outcome is provided on the NRE Tas website, which may be found by clicking here.
Relevant parties are encouraged to take greater care to ensure compliance with the PFP scheme and the Survey Directions. Improved compliance will support the LTO to deliver a more efficient service.
For the PFP scheme to apply to a plan, lodging parties are to provide the following to the LTO:
On initial lodgment with the LTO (within 5 business days of lodging with council)
- Payment of the correct prescribed fees.
Any road lot must be included as a lot when calculating the fee payable.
- A copy of the final plan marked “Priority Final Plan" as lodged with council.
- A copy of the fully executed schedule of easements.
- Copies, or originals of:
- Survey notes.
- Balance plan (if required).
- Certification or endorsement by the owner, an agent of the owner or a legal practitioner acting on behalf of the owner, that:
- the copy final plan and documents lodged under the PFP scheme with the LTO are identical to the documents that were lodged with council, and;
- were lodged with council not more than 5 business days before lodgment with the LTO.
With or before the LTO receipt of final plan, marked “Priority Final Plan" sealed by council
These documents must be lodged with the LTO either with or before lodgment of the final plan sealed by council with the LTO:
- Certificate of title or valid production slip receipt for all affected titles.
Under the PFP scheme it is not a requirement to provide the certificate of title(s) or production slip receipt(s) on the initial lodgment of documents with the LTO. - Original survey notes (if not already provided).
- Original fully executed schedule of easements.
- Original balance plan (if required and if not already provided).
For examination purposes
In accordance with Office Circular No. 5/2019, a registered land surveyor must ensure that every plan of survey and the associated survey notes lodged are fully compliant with the Survey Directions applicable at that time. It is the responsibility of the surveyor to ensure the provision of documentation with no errors or omissions by satisfying the following criteria:
- Adequate presentation with no textual errors or omission of administrative detail.
- No errors in dimensions or lot areas, or omission of access or easements, or statutory non-compliance.
- Adequate basis for boundary redefinition (inclusive of adequate reporting); adequate documentation of occupation; correct re-establishment of title boundaries; no overlap of titles; marked in accordance with the Survey Directions.
PFP scheme document guides and links
To assist with the preparation and lodgment under the PFP scheme and enjoy its benefits, the LTO has developed:
A
Priority Final Plan Practice Guide with detailed information related to PFP scheme compliance and Notices.
LTO Priority Final Plan Practice Guide (PDF 559Kb)
A
Priority Final Plan Checklist and Certification that may be included with the initial lodgment or subsequent lodgments (also it can be found at the end of the Practice Guide).
LTO Priority Final Plan Checklist (PDF 92Kb)
Other NRE Tas material is available to assist with preparation and lodgment under the PFP scheme:
General enquiries regarding the PFP scheme should be emailed to
lto@nre.tas.gov.au.
ROBERT MANNING
Recorder of Titles