Survey and Plan
practice manual
landgate.wa.gov.au
Survey and Plan Practice Manual for Western Australia- Edition 9.0 June 2013
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© Western Australian Land Information Authority- Government of Western Australia
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Survey and Plan Practice Manual for Western Australia- Edition 9.0 June 2013
Survey and Plan Practice Manual for Western
Australia
Edition 9.0
June 2013
© Western Australian Land Information Authority (Landgate)
© Western Australian Land Information Authority- Government of Western Australia
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Survey and Plan Practice Manual for Western Australia- Edition 9.0 June 2013
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Table of Contents
1.
2.
Introduction to the Practice Manual .................................................... 33
1.1
Relevant Legislation and Directions ..................................... 34
1.2
SmartRegister Titling System .............................................. 34
1.3
Changes to Plan Presentation ............................................. 35
1.4
Land Administration Act 1997 .............................................. 35
1.5
Single Registration System .................................................. 36
1.6
Changes Introduced by the LAA .......................................... 37
Searching Landgate Records............................................................. 39
2.1
SmartPlan Spatial Viewer .................................................... 40
2.2
”My Landgate” Website........................................................ 41
2.3
Customer Remote Searching............................................... 42
2.4
Analogue Survey Index Plan and SmartPlan Survey Index
Plan View ............................................................................ 42
2.5
Dual Numbering of Crown Plans and Diagrams ................... 43
2.6
Key Sheets .......................................................................... 44
2.7
Microfiche ............................................................................ 44
2.8
Survey Index Cards (SIC) .................................................... 44
2.9
Geodetic Data...................................................................... 44
2.10
Mining Tenure...................................................................... 45
2.11
Gazettals ............................................................................. 45
2.12
Miscellaneous and Reserve Plans ....................................... 45
2.13
Renovation Plans for Central Business Districts (CBDs) ..... 45
2.14
Acquiring Digital Data from Landgate .................................. 47
2.15
Availability and procedure to acquire CSD files ................... 48
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3.
Survey Guidelines .............................................................................. 51
3.1
Disclosure............................................................................ 52
3.2
Minimum Acceptable Re-establishment ............................... 52
3.3
Urban Re-establishment ...................................................... 52
3.4
Priorities of Re-establishment Evidence .............................. 53
3.5
Excess Adjacent to Deficiency ............................................. 53
3.6
Conformity between Adjacent Plans .................................... 53
3.7
Closest Pickup is Best ......................................................... 54
3.8
Discrepancies with Original ................................................. 54
3.9
Included Angle is a Check Only ........................................... 54
3.10
Erroneous Original Values ................................................... 54
3.11
Calibration of Instruments .................................................... 54
3.12
Accuracy.............................................................................. 55
3.13
Closures .............................................................................. 55
3.13.1
Angular Misclose ...................................................................................... 55
3.13.2
Linear Misclose ........................................................................................ 55
3.14
Old Fences as Pickup .......................................................... 55
3.15
Sketch on Transfer Boundaries ........................................... 56
3.16
Distribution of Excess and Redefinition Plans ...................... 56
3.17
Special Surveys ................................................................... 58
3.18
Surveys Involving Crown Land ............................................ 59
3.19
Special Survey Areas .......................................................... 59
3.20
Subdivisions of Private Roads and Drains Using Regulation
26A ...................................................................................... 59
3.21
Connections to State Geodetic Network .............................. 60
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4.
Marking Guidelines ............................................................................ 61
4.1
Referencing of Urban Pickup ............................................... 62
4.2
Protection of Urban Pickup .................................................. 62
4.3
Referencing of Rural Pickup (Road Corners) ....................... 62
4.4
Referencing of Rural Re-establishment ............................... 62
4.5
Risk in Adjacent Spikes ....................................................... 62
4.6
Secure Positions.................................................................. 63
4.7
Brick Paving ........................................................................ 63
4.8
Independent Reference Marks............................................. 63
4.9
Reference Spikes on Road Secants .................................... 64
4.10
Non-Standard Marking- A Caution ....................................... 64
4.11
Mark the ‘Lot’ Side of Walls ................................................. 64
4.12
Alternative Marks ................................................................. 64
4.13
Hallmarks and Star Pickets .................................................. 65
4.14
Numbering of Pegs .............................................................. 65
4.15
Obliteration of Previous Subdivision .................................... 65
4.16
Intervisibility between Marks ................................................ 65
4.17
Clearing of Boundaries ........................................................ 66
4.18
Visibility of Marks ................................................................. 66
4.19
Trenching ............................................................................ 66
4.20
Staking ................................................................................ 66
4.21
Timing of Marking ................................................................ 66
4.22
Deferred Final Marking / Deferred Referencing ................... 67
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5.
6.
Surveys of Water Boundaries ............................................................ 69
5.1
Introduction.......................................................................... 70
5.2
Tidal Waters ........................................................................ 70
5.3
High Water Mark on a Tidal River or Estuary ....................... 70
5.4
Inland (Non-Tidal) Waters .................................................... 71
5.5
Survey Method .................................................................... 71
5.6
Doctrine of Accretion and Erosion ....................................... 71
5.7
Title Amendment for Water Boundaries ............................... 71
5.8
Freshwater Bay Surveys ...................................................... 72
Surveys Using Global Positioning System (GPS)............................... 73
6.1
General................................................................................ 74
6.2
Control Surveys ................................................................... 74
6.3
Geodetic Connection ........................................................... 74
6.4
Permanent Marking of GPS Stations ................................... 74
6.5
Distant Reference Marks ..................................................... 74
6.6
Field notes ........................................................................... 75
6.7
6.6.1
Equipment ................................................................................................ 75
6.6.2
Method ..................................................................................................... 75
6.6.3
Processing................................................................................................ 76
6.6.4
Results ..................................................................................................... 76
References .......................................................................... 78
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7.
Easement Surveys ............................................................................. 79
7.1
Scope .................................................................................. 80
7.2
Easements by Survey and Ground Marking......................... 80
7.3
7.4
7.5
7.6
8.
7.2.1
General provisions ................................................................................... 80
7.2.2
Marking..................................................................................................... 81
7.2.3
Field notes ................................................................................................ 81
7.2.4
The Plan ................................................................................................... 81
Easements by Calculation from the SCDB .......................... 82
7.3.1
General provisions ................................................................................... 82
7.3.2
Procedure ................................................................................................. 82
Geodetic Connections ......................................................... 84
7.4.1
Survey ...................................................................................................... 84
7.4.2
Accuracy................................................................................................... 85
7.4.3
Field notes ................................................................................................ 85
Transmission Line Easements ............................................. 86
7.5.1
Scope ....................................................................................................... 86
7.5.2
Local re-establishment and calculation .................................................... 86
Calculations from the SCDB ................................................ 87
7.6.1
General provisions ................................................................................... 87
7.6.2
Procedure ................................................................................................. 87
Field Notes......................................................................................... 89
8.1
Standard of Field Notes ....................................................... 90
8.2
Field Book Index .................................................................. 91
8.3
Surveyor's Certificate........................................................... 91
8.4
Re-Establishment of Alignments .......................................... 92
8.5
Closures .............................................................................. 92
8.6
Bearings in Lieu of Angles in Field Books ............................ 92
8.7
Improvements ...................................................................... 93
8.8
Oversize Pages ................................................................... 93
8.9
Mark Gone........................................................................... 93
8.10
Field books Lodged for Surveys that do not ‘Proceed’ ......... 93
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9.
General Drafting Practices ................................................................. 95
9.1
Plan Forms .......................................................................... 96
9.2
Pre-Allocation of Plan and Field book Numbers................... 97
9.3
Digital Plans ........................................................................ 97
9.4
Lots on a Plan Sheet ........................................................... 97
9.5
Multiple Sheet Plans ............................................................ 98
9.6
Scale should be Suitable to Show Detail ............................. 99
9.7
Graphical (Bar) Scale .......................................................... 99
9.8
Orientation ........................................................................... 99
9.9
Line Styles ......................................................................... 100
9.10
Text Styles ......................................................................... 102
9.11
Symbols............................................................................. 103
9.12
Old Lines to Complete Surround........................................ 104
9.13
Measurement Content ....................................................... 104
9.14
Measurement Presentation ................................................ 105
9.15
Balance Lots ...................................................................... 105
9.16
Multiple Owner Subdivision ............................................... 106
9.17
Freehold: Land Acquisitions .............................................. 106
9.18
Crown Land Acquisitions ................................................... 106
9.19
Rural Road Dedications and the Non-Extinguishment of
Native Title ........................................................................ 107
9.20
Adverse Possession Claims .............................................. 107
9.21
Isolated Crown Surveys ..................................................... 107
9.22
Residue Land Solutions ..................................................... 108
9.22.1
Multiple Lot Titles ................................................................................... 108
9.22.2
Possessory Applications Claiming Part of a Multiple Lot Title ............... 108
9.22.3
Roads and Road Widenings from Extensive Freehold Parcels ............. 108
9.22.4
Excisions from Corridors ........................................................................ 109
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9.23
Road Widths ...................................................................... 109
9.24
Road Names ..................................................................... 109
9.25
Connections across Roads ................................................ 110
9.26
Truncations and Road Widenings ...................................... 110
9.27
Areas ................................................................................. 110
9.28
Subject Land Total Distance .............................................. 110
9.29
Abuttals ............................................................................. 111
9.29.1
Depiction of Part Lots as Abuttals .......................................................... 112
9.29.2
Dual Numbering of Crown Plans and Diagrams .................................... 112
9.30
Enlargements and Displaced Detail ................................... 113
9.31
Water Features .................................................................. 113
9.32
Colouring ........................................................................... 114
9.33
Fixation of Surveys ............................................................ 114
9.34
Lot Number Duplication ..................................................... 114
9.35
SSM Depiction ................................................................... 114
9.36
Azimuths and Grid Bearings .............................................. 115
9.37
Administrative Boundaries on Crown Plans ....................... 115
9.37.1
Townsite Boundaries .............................................................................. 115
9.37.2
State Forest Boundaries ........................................................................ 115
9.37.3
Other Administrative Boundaries ........................................................... 115
9.38
Permanent Improvements as Boundaries .......................... 116
9.39
Encroachments, Building Connections .............................. 116
9.40
Parcel Identifier within Subject ........................................... 116
9.41
Pastoral Leases ................................................................. 116
9.42
Unmarked Defined Boundaries .......................................... 117
9.43
Compiled Plans ................................................................. 118
9.44
Depiction of Mineral Reservations ..................................... 120
9.44.1
Reservations in Crown Grants ............................................................... 120
9.44.2
Lands Affected by Section 15 of the Public Works Act 1902 ................. 120
9.44.3
Mineral Reservations in Transfers ......................................................... 121
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9.45
10.
Depth Limits ...................................................................... 122
9.45.1
Background ............................................................................................ 122
9.45.2
Current situation ..................................................................................... 123
9.46
Lot Numbers for Vesting Lots and Land Acquisitions ......... 123
9.47
Depiction of Original Unsurveyed Boundaries.................... 124
9.48
Curved Boundaries ............................................................ 125
Plan Practices .................................................................................. 127
10.1
Deposited Plan Types and Purposes ................................. 128
10.1.1
Plan Type ............................................................................................... 128
10.1.2
Plan Purposes ........................................................................................ 128
10.2
Plan Heading ..................................................................... 130
10.3
Land District ...................................................................... 130
10.4
Townsite ............................................................................ 130
10.5
RDL File ............................................................................ 131
10.6
Local Government and Locality ......................................... 131
10.7
Former Tenure................................................................... 131
10.8
10.7.1
Depiction of Part Lots in Former Tenure ................................................ 132
10.7.2
Dual Numbering of Crown Plans and Diagrams .................................... 132
Survey Index Plan References .......................................... 132
10.8.1
For Normal (Non SSA) Subdivisions ...................................................... 132
10.8.2
For SSA Subdivisions ............................................................................ 132
10.9
Field Book ......................................................................... 132
10.10
Scale ................................................................................. 133
10.11
Surveyor's Certificate......................................................... 133
10.12
Eligibility to Verify Plans..................................................... 133
10.13
In Order for Dealings/ Approved ........................................ 134
10.14
WAPC Approval Box.......................................................... 134
10.15
Total Area .......................................................................... 135
10.16
Easements ........................................................................ 135
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11.
10.17
Section 152 of the P & D Act Vesting Land ........................ 135
10.18
Special Survey Area Plans ................................................ 135
10.19
Original Crown Allotment Boundaries on Freehold Plans .. 135
10.20
Plan Notations ................................................................... 136
10.20.1
Common Notations ................................................................................ 136
10.20.2
Special Conditions ................................................................................. 136
10.21
Excisions ........................................................................... 137
10.22
Plan Amendments ............................................................. 137
10.22.1
Replacement Plans ................................................................................ 137
10.22.2
Schedule for Replacement and Amendments to Deposited Plans
throughout the Audit Process ................................................................. 138
10.22.3
Audit Amendment Table......................................................................... 138
10.23
Authority for Correction of Errors on Plans after Plan
Approved ........................................................................... 139
10.24
Cancellations ..................................................................... 140
Specific Plan Purposes .................................................................... 141
11.1
Acquisition Plans ............................................................... 142
11.2
Crown Land Amalgamations .............................................. 143
11.3
Road and Road Widening Plans ........................................ 145
11.4
Road Closure Plans ........................................................... 146
11.5
Sole Subject Vesting Lot Plans .......................................... 146
11.6
Interest Plans..................................................................... 146
11.7
Statutory Plans .................................................................. 146
11.8
Christmas/Cocos (Keeling) Island Plans ............................ 147
11.9
Pastoral Lease Boundary Amendment Plans..................... 147
11.10
Conversion Plans Prepared Outside Landgate .................. 148
11.11
Plans of Roads for Registration of Interests ....................... 149
11.12
Deposited Plans for Infrastructure Projects Using Data from
the Spatial Cadastral Database (SCDB) ............................ 149
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12.
13.
Three Dimensional Plans ................................................................. 151
12.1
The Cubic Parcel ............................................................... 152
12.2
Survey ............................................................................... 152
12.3
Marking.............................................................................. 152
12.4
Location of Structure ......................................................... 153
12.5
What Must Be Shown on the Plan ..................................... 153
12.6
Flexibility............................................................................ 153
12.7
The Plan View ................................................................... 153
12.8
Options for Defining Vertical Limits .................................... 154
12.9
Defining Upper and Lower Limits Of 3D Lots ..................... 155
12.10
Isometric Projections ......................................................... 155
12.11
Areas of Three Dimensional Lots....................................... 156
12.12
Total Area of Plan .............................................................. 156
12.13
Easements Limited Vertically ............................................. 156
12.14
Digital (CSD) Files ............................................................. 157
Roads .............................................................................................. 159
13.1
Road Names ..................................................................... 160
13.2
Parcel Identifiers ................................................................ 160
13.3
Connections Across Roads ............................................... 160
13.4
Road Widenings ................................................................ 160
13.5
Closed Roads .................................................................... 161
13.6
Road Casement Surveys by Limited Marking .................... 161
13.7
Dedication of Bridges as Public Roads .............................. 161
13.8
Mall Reserves .................................................................... 162
13.9
Public Access Routes ........................................................ 162
13.10
Protected Roads ................................................................ 162
13.11
Partial Taking in Strata Scheme ........................................ 163
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13.12
Road Dedication Stamps on Deposited Plans ................... 163
13.13
Road Widths (see chapter 9.23 also) ................................. 163
13.14
Crown Grant Roads ........................................................... 163
Easements, Covenants, Notifications and Other Interests ............... 165
14.1
Schedule of Interests and Notifications .............................. 166
14.2
Terminology for Amending Easements .............................. 166
14.3
Content and Structure of the Interests and Notifications
Schedule ........................................................................... 166
14.3.1
Existing Interests Being Brought Forward– shown above ‘the line’. ...... 166
14.3.2
New Interests and Notifications being depicted- shown below ‘the line’ 167
14.4
Un-dimensioned Memorials and Notifications .................... 168
14.5
Multiple Section 167 Easements........................................ 168
14.6
Private Rights of Way and Implied Rights .......................... 168
14.7
Bringing Forward Unregistered Easements ....................... 169
14.8
Transmission Line Easements ........................................... 170
14.9
General.............................................................................. 173
14.10
Interests Brought Forward on Plans................................... 175
14.11
Bringing Forward Anomalous Interests on Plans ............... 175
14.12
14.11.1
Surveyor’s process ................................................................................. 177
14.11.2
Guideline 1: Used for Type A anomalies ............................................... 177
14.11.3
Guideline 2: Used for Type A anomalies ............................................... 177
14.11.4
Guideline 3: Used for Type E & F anomalies ......................................... 178
14.11.5
Guideline 4: Used for Type E & F anomalies ......................................... 178
14.11.6
Landgate processes ............................................................................... 179
14.11.7
Notation/s ............................................................................................... 180
14.11.8
Field Records ......................................................................................... 180
14.11.9
Contacts ................................................................................................. 181
Bringing Forward Section 27A of the TP & D Act Easements
and Section 12A of the TP & D Act Notifications ................ 184
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14.13
Bringing Forward Encumbrances- Interests (Burdens &
Benefits)- on Crown Land Amalgamation Plans................. 184
14.14
Easements and Covenants Created on Plans ................... 185
14.15
Easements in Gross .......................................................... 187
14.16
Easements in Favour of the Public .................................... 188
14.17
Crown Easements ............................................................. 188
14.18
Implied Easements ............................................................ 189
14.19
Graphical Presentation of Easements................................ 189
14.20
Labelling of Interests.......................................................... 190
14.21
Interest Only Plans ............................................................ 190
14.21.1
Requirements for Deposited Plans ........................................................ 191
14.21.2
Requirements for CSD files.................................................................... 192
14.21.3
General Matters Concerning Interest Only Plans .................................. 193
14.22
Lodgement of Instruments ................................................. 194
14.23
Easements and Notifications Over Vesting Land ............... 194
14.24
Subsisting Crown Easements ............................................ 194
14.25
Water Agencies (Powers) Act 1984 Memorials .................. 195
14.26
14.25.1
Taxes and Charges (Land Subdivision) Legislation Amendment Act 1996
(Deferral of Charges and Headworks Contributions) ............................. 195
14.25.2
Memorials ............................................................................................... 196
Notifications of Factors Affecting Use and Enjoyment of Land197
14.26.1
Planning and Development Act 2005 ..................................................... 197
14.26.2
Transfer of Land Act 1893...................................................................... 197
14.26.3
Water Services Licensing Act 1995 ....................................................... 197
14.27
The Use of Restrictive Covenants/ Covenants to Control
Access to Roads................................................................ 198
14.28
Carbon Rights, Carbon Covenants and Tree Plantations .. 199
14.28.1
Carbon Rights Act 2003 ......................................................................... 199
14.28.2
Tree Plantation Agreements Act 2003 ................................................... 199
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15.
Possessory Applications and Bringing Land under the TLA ............. 201
15.1
15.2
16.
15.1.1
General Requirements ........................................................................... 202
15.1.2
Possessory Applications Claiming Part of a Multiple Lot Title ............... 202
TLA Applications................................................................ 203
Digital Data Requirements ............................................................... 205
16.1
Digital Data ........................................................................ 206
16.2
Business Rules .................................................................. 206
16.3
CSD File Requirements ..................................................... 207
16.4
17.
Adverse Possession .......................................................... 202
16.3.1
Polygons on Plan ................................................................................... 207
16.3.2
Roads ..................................................................................................... 207
16.3.3
Distances and Angles ............................................................................ 207
16.3.4
Lot Areas ................................................................................................ 207
16.3.5
Changes after lodgement ....................................................................... 207
16.3.6
Three Dimensional Polygons ................................................................. 207
CSD File Requirement Examples ...................................... 208
16.4.1
Point To Point Capture ........................................................................... 208
16.4.2
Original Dimensions ............................................................................... 209
16.4.3
Easements, Covenants and Notifications .............................................. 210
16.4.4
Interest Only Plans ................................................................................. 212
16.4.5
Split Surrounds and Lots ........................................................................ 213
16.4.6
Tie to Existing Cadastral Corner ............................................................ 214
16.4.7
Water Feature (Topographic String) ...................................................... 214
Lodgement Procedures .................................................................... 215
17.1
Manual Lodgement Procedure for Deposited Plans ........... 216
17.2
Lot Synchronisation ........................................................... 216
17.2.1
Lot Sync Business Process.................................................................... 216
17.2.2
Lot Sync Rules ....................................................................................... 217
17.2.3
Subdivisional Plan– Lot Sync Process ................................................... 218
17.2.4
Change of Date Letter Template ............................................................ 219
17.3
Electronic Lodgement of Deposited Plans ......................... 220
17.4
Electronic Lodgement of Field books ................................. 220
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19.
20.
17.5
Two Year Certificate .......................................................... 220
17.6
Countersigned Certificate .................................................. 220
17.7
Crown Survey/Drafting Contract ........................................ 220
17.8
Search Information ............................................................ 222
17.9
Lodgement of Crown Plans ............................................... 222
17.10
Surveyor’s Report .............................................................. 223
Expediting Plans and Documents .................................................... 225
18.1
Request to Expedite the Processing of Plans and
Documents ........................................................................ 226
18.2
What the new policy specifies ............................................ 226
18.3
Standard Audit Procedure for Plans .................................. 227
Validation and Audit Practices ......................................................... 229
19.1
Requisitions ....................................................................... 230
19.2
Drafting Checklist .............................................................. 231
19.3
Inspections ........................................................................ 235
19.3.1
Office Inspections ................................................................................... 235
19.3.2
Field Inspections .................................................................................... 236
19.3.3
Survey Audits ......................................................................................... 237
Plan Approval Requirements ........................................................... 239
20.1
Special Survey Areas (see also chapter 20.2) ................... 240
20.2
Normal Process ................................................................. 240
20.3
Example of the Release Letter........................................... 241
20.4
Example of the Final Survey Certificate (FSC)................... 242
20.5
Plan Status ........................................................................ 243
20.5.1
Certified Correct ..................................................................................... 243
20.5.2
In Order for Dealings .............................................................................. 243
20.5.3
Approvals ............................................................................................... 244
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21.
22.
Subdivision and Project Management Issues ................................... 245
21.1
Compiled Plans ................................................................. 246
21.2
Subdivision Processes....................................................... 246
21.3
Crown Subdivisions ........................................................... 248
21.4
Balance Lots and Project Management ............................. 249
21.4.1
Stage Merging and Minimising Balance Lots ......................................... 249
21.4.2
Stage Jumping ....................................................................................... 249
21.5
Applications for Balance Titles ........................................... 250
21.6
Multiple Owner Subdivisions .............................................. 250
21.7
Land Acquisitions .............................................................. 251
21.8
Crown Land Amalgamations .............................................. 251
21.9
Isolated Crown Surveys ..................................................... 251
21.10
Lot Number Duplication ..................................................... 251
21.11
Easement and Covenant Documents ................................ 251
21.12
The Use of Restrictive Covenants/ Covenants to Control
Access to Roads................................................................ 251
21.13
Field Books Lodged for Subdivisions that Do Not Proceed 252
21.14
Gas Pipelines and New Subdivisions................................. 252
Table of Appendices ........................................................................ 253
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Document Amendment Register
Edition
Date Amended
Amended By
Edition 1.0
March 1994
Roger Harrison and Barry Cribb
Edition 1.1
June 1997
Edition 2.1
January 2001
Edition 3.1
January 2003
Edition 4.0
January 2006
Ken Alexander
Edition 4.1
August 2006
Murray Dolling
Edition 4.2
October 2006
Murray Dolling
Edition 5.0
January 2007
Murray Dolling
Edition 5.1
July 2007
Geoff Singleton and Murray Dolling
Edition 5.2
January 2008
Geoff Singleton
Edition 6.0
January 2009
Geoff Singleton
Edition 6.1
July 2009
Jock Chernouski and Geoff Singleton
Edition 6.2
January 2010
Jock Chernouski and Geoff Singleton
Edition 7.0
August 2010
Jock Chernouski and Geoff Singleton
Edition 8.0
August 2011
Jock Chernouski and Geoff Singleton
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Changes to the Previous Edition
This Edition 9.0 (June 2013) replaces the previous Edition 8.0 (August 2011). Every effort has been
made to correct typing errors and some significant changes have also been made.
The Manual
Changes have been made to the following paragraphs:
9.1
9.2
9.5
9.11
9.24
9.29
9.32
10.11
10.13
10.14
10.22.1
10.22.2
10.23
10.24
14.3.1
14.9
14.11.9
14.12
17.2
17.3
17.5
17.7
20.1
20.2
20.5.2
11.12
17.9 (including the Checklists)
The Appendices
Appendix 4
The Plan Examples
Changes have been made to the following Plan Examples:
15
83
93
99
The following Plan Example is an addition:
110
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Foreword to this Edition
The Survey and Plan Practice Manual is issued under regulation 5 of the Licensed Surveyors
(Transfer of Land Act 1893) Regulations 1961. In accordance with the “Directions to Surveyors”
issued by the Registrar of Titles on 16 May 2001 (see Appendix 9), every survey document lodged
with Landgate must comply with this Manual unless good reason can be shown to the contrary.
The Manual is intended to be a guide to the surveying profession as to the requirements of the
Registrar and the Inspector of Plans and Surveys for the presentation of survey documents and the
general standards required for cadastral surveys. It is supplementary to any Acts and Regulations
currently in force.
The Inspector of Plans and Surveys has the statutory responsibility for the approval of survey
documents on behalf of the Registrar of Titles. The professional responsibility for the accuracy of
the cadastral survey and related plan resides with the Licensed Surveyor in accordance with the
Licensed Surveyors Act 1909, the Transfer of Land Act 1893 and regulations.
In recent times there have been changes to Landgate’s systems and procedures including the
move towards complete digital lodgement. This latest edition of the Manual reflects any changes
over the past six months.
As always the Manual remains a dynamic document and readers are encouraged to forward any
suggestions for improvements and amendments.
Richard Browne
Chief Inspecting Surveyor
March 2013
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Glossary of Abbreviations
AA
Agricultural Area
AHD
Australian Height Datum
ALO
Authorized Land Officer
CAD
Computer Aided Drafting
CG
Crown Grant
CIO
Central Issuing Office
C/L
Crown Lease
CLR
Crown Land Record
CSD
Cadastral Survey Data
C/T
Certificate of Title
DLI
Department of Land Information (formerly DOLA now known as
Landgate)
DP
Deposited Plan
DSL
Digital Survey Lodgement
EDM
Electronic Distance Measuring
eFB
Electronic Field Book (CSD File)
ePlan
Electronic Plan (PDF File)
EIOT
Early Issue of Title
FB
Field Book
FSC
Final Survey Certificate
GDA
Geocentric Datum of Australia
GESMAR
Geodetic Survey Marks Register
GPS
Global Positioning System
HDS
Hitachi Data System
HWM
High Water Mark
IPS
Inspector of Plans and Surveys
LAA
Land Administration Act 1997
LIA
Land Information Access
LANDCAP
Land Parcel Capture System
LG Act
Local Government (Miscellaneous Provisions) Act 1960
LSA
Licensed Surveyors Act 1909
LTO
Land Titles Office
LWM
Low Water Mark
MGA
Map Grid of Australia (derived from GDA coordinates)
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Glossary of Abbreviations (cont.)
P & D Act
Planning & Development Act 2005
PAW
Pedestrian Accessway
PCM
Permanent Control Mark
PDF
Portable Document Format® (Adobe Systems Incorporated)
PFB
Portable Field Book (PDF file)
PI
Parcel Identifier
P/L
Pastoral Lease
PSM
Permanent Survey Mark
RDL
RL
Regional Development and Lands
Reduced Level
RSB
Registration Services Branch of Landgate, now know as Registrations
ROW
Right of Way
SCDB
Spatial Cadastral Data Base
SDI
Survey Data Input
SDX
Survey Data Exchange
SF
State Forest
SIC
Survey Index Cards
SIP
Survey Index Plan
S.I.P.
Star Iron Picket
SM2
Spatial Maintenance (version 2)
SMP
SmartPlan
SMR
SmartRegister
SR&A
Survey Registration and Advice Officer
SSA
Special Survey Area
SSM
Standard Survey Mark
SUB LOT
Suburban Lot
TCM
Temporary Control Mark
TLA
Transfer of Land Act 1893
TP&D Act
Town Planning and Development Act 1928
UCL
Unallocated Crown Land (formerly VCL – Vacant Crown Land)
WAPC
Western Australian Planning Commission
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Glossary of Terms
Acquisition of Land
Land may be received or bought back by the Crown, Government instrumentalities or Local
Governments for a range of public purposes (section 11 of the LAA). The owners are
recompensed at the land’s current market value or assessed value OR land may be
resumed by the Commonwealth Government under the Lands Acquisition Act 1955. There
are special implications for mineral rights in these dealings.
Alienated Land
Land held in Freehold.
Certificate of Crown Land Title
A page of the Register book specifying the ownership (State of Western Australia) of a
defined parcel of Crown land and the lodged or registered interests, dealings, caveats or
claims (encumbrances) in respect of that parcel of Crown land.
Closed Road
A Public road closed by Taking Order (section 170 and 177 of the LAA), Commonwealth
acquisition, or by section 58 of the Land Administration Act 1997. The land may be disposed
of to adjoining proprietors under section 87 of the LAA.
Conditional Purchase Lease
These leases relate solely to Agricultural and Grazing land and are for terms varying from 25
to 30 years. Up to 2000 hectares (or 4000 with special approval) may be held by the one
party. The lessee pays a rental sufficient to cover the purchase price and if all land
development conditions are met they are then entitled to become the owner.
Conditional Purchase License
As for a Conditional Purchase Lease except that the term is limited to 7 years during which
development conditions must be met. The holder of the licence then has 12 months in which
to pay the purchase money.
Control of Reserve
Reserves are generally under the control of RDL but can be placed under the control of an
Authority (Management Body), including the Commonwealth (e.g. Department of Defence).
Crown Grant
A legal document issued in the name of Her Majesty granting, after certain conditions are
met, to the proprietor a defined portion of Crown Land in fee simple. There may or may not
be restrictions on how the land can be used.

Note
Under the LAA, Crown Grants are no longer issued. Crown Grants have been replaced by the
conventional conveyancing process of Offer and Acceptance followed by the registration of a
transfer document and the issue of a Certificate of Title.
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Crown Lease
A lease issued under the Land Act 1993 for a period of 5 years or more for use of the land.
The lease document is registered under the LAA. (See Crown Land Lease.)
Crown Land
All land except for alienated land and includes land within the limits of the State that form the
airspace, seabed and subsoil of coastal waters as defined by the Commonwealth’s Coastal
Waters (State Powers) Act 1980.
Crown Land Lease
A lease issued under the Land Administration Act 1997 for a period of 12 months or more for
using Crown land. The Crown Land Lease will simply be known as a Lease and will be
registered under the Transfer of Land Act 1893 (TLA). Note: Leases that are for a term of
less than 12 months will be in the form of a license and not registered under the TLA.
Dedicated Road
Road set aside for use by the public, the absolute property of which is vested in the name of
the Crown. The care, control and management are the responsibility of a Local Government
Authority or Main Roads WA. Roads are set apart for the public use by either registration of
a Ministerial Order or upon approval of a diagram or Plan of survey containing the road (also
termed a public road).
DLI
Department of Land Information. Now known as the Western Australian Land Information
Authority (Landgate).
DPI
Department of Planning and Infrastructure (superseded by the Department of Planning and
The Department of Regional Development and Lands).
Easement
Gives a person or a company ‘rights of use or engagement’ over land owned by another.
General Regulations
The Licensed Surveyors (Guidance of Surveyors) Regulations 1961.
Head Tenure
The highest priority land description of a parcel/s of land e.g. Reserve, Pastoral Lease or
State Forest.
Joint Venture
The Land Administration Act 1997 provides for Landgate to enter into agreements with other
parties private or government, for the purpose of developing and selling Crown land.
Land
All land within the limits of the State including coastal waters and the seabed. It may
specifically include or exclude the right to some minerals.
Land Act 1933
An Act of Parliament to consolidate and amend laws relating to Crown Land. (Repealed by
the Land Administration Act 1997)
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Landgate
The Western Australian Land Information Authority- trading as Landgate. Formerly known as
the Department of Land Information (DLI).
Lease
A grant of possession of property for a number of years at specified rentals and subject to
various conditions. The registered proprietor has certain re-entry rights if the lessee defaults
by not observing the conditions of the lease or by not paying the specified rentals.
Lease of Reserve
Reserves can be leased direct by the Crown for any purpose under rental conditions
specified by the Governor. Reserves may also be leased by parties holding a formal
management order, provided the order includes the power to lease.
Licence to Occupy
A Certificate given under the authority of the Minister for Lands authorising the purchaser to
enter and hold the land, subject to the terms and conditions specified.
Live Mining Tenure
A parcel of land allocated tenure under the Mines Act, which is currently in use for mining or
associated purposes.
Mall Reserve
Crown land (generally a closed road) reserved for the purpose of a ‘Mall Reserve’.
Management Body
Person/s or body in which the care, control and management of a reserve or Mall Reserve is
placed (formerly known as a Vestee).
Management Plan
Plan setting out proposed development, management and use of Crown land by a
Management body or lessee.
Management of Reserves
Landgate maintains a Crown Reserve database which includes details as to area, purpose,
locality, etc. It also shows who controls the reserve. Landgate is responsible for ensuring the
correct use of reserves and may require a Management Body to prepare a management
plan. A proportion of all reserves are inspected annually to monitor correct usage.
Ministerial Order
An order made by the Minister for Lands authorising disposition and other administrative
actions in relation to Crown Land. Ministerial Orders must be registered under the Transfer
of Land Act 1893 to be effectual.
National Parks
Usually ‘A’ Class reserves and controlled by the Department of Conservation and Land
Management through the National Parks and Nature Conservation Authority.
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Nature Reserve
Reserves set aside for the conservation of flora and fauna, and usually controlled by the
Department of Conservation and Land Management through the National Parks and Nature
Conservation Authority.
Ownership
All land is subject to Tenure which means that the Crown is the ultimate owner. Land holders
are tenants in one form or another and are termed Registered Proprietors.
Pastoral Lease
These leases confer on the lessee the right to graze stock on the natural vegetation and
gives no right to the soil or timber. The leases are limited to the natural surface of the land
only. Up to 500,000 hectares may be leased by the one party. All pastoral leases expire on
the 30th June, 2015.
Permits (Pastoral)
May be granted under the Land Administration Act 1997 by the Pastoral Lands Board to
permit use of pastoral lease land for related pastoral and non-pastoral activity (e.g., for
tourism, horticulture etc).
Perpetual Lease
Relates to properties settled by eligible ex-servicemen after World War II. Perpetual leases
were granted pursuant to the provisions of the War Service Land Settlement Act. The
Commonwealth owns the land in Fee Simple and leases it under special arrangements with
the State. Provided conditions are met the lessee may pay the agreed option price and
receive the Freehold of the land.
Planning
Department of Planning.(formerly the Department if Planning and Infrastructure- DPI)
RDL
Department of Regional Development and Lands .(formerly the Department of Planning and
Infrastructure- DPI)
Plans
Includes diagrams.
Public Road
A road dedicated to use by the Public. Control and management is placed in Local
Authorities or the Main Roads WA. Also referred to as a dedicated road, gazetted road or
street.
Public Access Route
A route across Crown land declared by the Minister, well sign posted and deemed a 144
Easement providing access to the public to recreational and tourism sites. A plan of the route
showing the width is created after advertising and the consents of interested parties is
secured.
“No liability by the Minister, use at your own peril” (section 63-71 of
the LAA )
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Qualified Certificate of Crown Land Title
A Qualified Certificate of Crown Land Title (QCLT) can be created for Crown allotments
where pre-Land Administration Act 1997 issued interests may not be known at the time of
issue. QCLTs may be upgraded to a Certificate of Crown Land Title upon completion of a
validation process. Crown Land Records (pre LAA) automatically became QCLTs on
proclamation of the Land Administration Act 1997.
Reserves
Areas of Crown Land set apart for various public purposes e.g.. Parks, Recreation, Drainage
or Church sites. The reserve is identified by a number, for example Reserve No. 12345.
Reserves may be vested or leased.
There are three different categories of reserves:
•
Class ‘A’ Those classified as being Class ‘A’ forever remain dedicated to the purpose
declared until by an Act of Parliament it is otherwise amended. Class ‘A’ is used where
there is a need perceived for the highest form of protection, for example Kings Park or
National Parks.
•
Class ‘B’: Some reserves were seen as warranting higher protection than usual but
not to the extent of Class ‘A’. Class ‘B’ reserves could be varied by the Governor in
Executive Council, and amendment be notified to Parliament.
•
Class ’C’: This category of reserves was dealt with as the Governor in Executive
Council determined. The vast majority of reserves were Class ‘C’.
Under the Land Administration Act 1997, new reserves are Class ‘A’ or simply a reserve.
Class ‘B’ and ‘C’ are no longer allocated.
Resumptions
See Taking
Revestment of Land
Freehold land acquired by the Crown whether by transfer or taking, or pursuant to other
provisions such as those in the Local Government Act 1995 relating to forfeiture of land for
non payment of rates, may be revested in the Crown pursuant to section 243 of the Transfer
of Land Act 1893
The relevant Certificate of Title is cancelled and the subject land is re-identified by a new lot
or location number and may be dealt with by Landgate as unallocated Crown land.
The Land Administration Act 1997 provides for the Minister for Lands to revest Freehold land
back to the Crown by Ministerial Order with or without existing encumbrances (section 82 of
the LAA).
Revestment may be specified in relation to land, the subject of special Acts. (Eg. Bunbury
Railway Lands Act 1985, Forrest Place and City Station Development Act 1985, Geraldton
Foreshore and Marina Development Act 1990, and various Railway Closure Acts and
Reserves and Land Revestment Acts)
Right of Way (ROW)
A right of way is a strip of land available either for use by the general public or a restricted
section of the community and may be created by subdivision, specific transfer or continued
use over a period of years.
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Road Casement
The cadastral boundaries of a land parcel created for road purposes.
Rural
A locality where the land parcels are generally larger than 2 hectares.
Special Lease
Refer to Crown Land Lease.
Staged Approval
Allows the issue and registration of Crown Titles for the allotments the subject of the first
stage of the Plan approval, in turn enabling registration of any Notice of Intention to Take
documents.
State Forest
A portion of the Crown Estate wholly devoted to forestry purposes. These are controlled by
the Department of Conservation and Land Management through the Lands and Forests
Commission.
Stock Route
A strip of land reserved for the droving of livestock from farm to port or market. Generally
within the northern regions of the State. It is not a public road unless so dedicated.
Subsidiary Certificate of Crown Land Title
A Certificate of Crown Land Title issued for registration of subsidiary interests. (e.g. multiple
leases within a single reserve)
Superlot (Crown)
A term commonly applied to a large parcel of Crown land which is being disposed of whether
by lease or sale, for subsequent subdivision and sale by the lessee or purchaser for
Townsite lots. The Land Administration Act 1997 makes provision for disposal of
superlots.(section 85 of the LAA )
Taking
The term used under the Land Administration Act 1997 in lieu of ‘resumption’ or ‘compulsory
acquisition’. It relates to the taking or acquisition of interests in land whether by agreement or
compulsion.
TLA Regulations
The Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961.
Torrens System
The present system of Land Title Registration used by Landgate. This system has simplified
the registration of land dealings and guarantees the Title of the land owner. It ensures that a
person need not look further than the original Certificate of Title to ascertain all the registered
interests in the land.
Transfer of Land Act 1893
An Act of Parliament which sets up a public register of title to land, maintained by the
Registrar of Titles.
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Unallocated Crown Land
Crown land which is not subject to any interest (aside from Native Title interests) and which
is not reserved or dedicated. (Replaces VACANT CROWN LAND.)
Unmanaged Reserve
A reserve which is not formally placed under the care and control of a management body.
(Formerly UNVESTED RESERVE.)
Urban
A locality where land parcels are generally 2 hectares or smaller.
Vacant Crown Land
Crown Land not currently being used or not reserved for any future purpose. Replaced by
Unallocated Crown Land (UCL) under the Land Administration Act 1997.
Vesting Orders
See Management Order
•
The Commissioner of Titles may issue an order vesting Freehold land in an applicant.
•
The Courts (Supreme and Family Court of WA) can issue orders vesting Freehold
land in an applicant.
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1.
Introduction to the Practice Manual
Introduction
Chapter 1 gives a general introduction to the systems and legislation under which
the Survey and Plan Practice Manual has been developed as well as a précis of
the changes that have driven the processes.
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1.1
Relevant Legislation and Directions
This manual covers information related to surveys and plans prepared under the Transfer of Land
Act 1893 (TLA) and the Land Administration Act 1997 (LAA) and associated regulations. It is also
the “Survey and Plan Practice Manual”, referred to in the Registrar’s of Titles Directions to
Surveyors relating to the verification of authorised surveys (see Appendix 9).
Surveys and plans prepared for purposes of the Strata Titles Act 1985 are covered by a separate
publication - the Strata Titles Practice Manual.
1.2
SmartRegister Titling System
Since 1992 Landgate (previously known as DLI and DOLA) has used image technology to provide
its core searching services and in June 1997, the then DOLA reviewed its future directions for
moving into the electronic commerce environment. The key outcome was the need to establish a
digital register that would provide the foundation for electronic commerce applications. This would
allow conveyancers, in particular, to capitalise on the functionality already provided as part of the
Electronic Advice of Sale system.
SmartRegister (based on the NSW Integrated Titling System) was developed by the then DOLA
into an automated title registration process suitable for Western Australia that supported a digital
register in a text title format with an associated survey plan.
SmartRegister (SMR) is an internal Landgate system to automate the recording of changes to
interests on a Certificate of Title. SmartRegister has not changed the customers' business
processes: they continue to use existing document forms and lodge them as normal.
The introduction of SmartRegister resulted in major changes to the practices undertaken by
surveyors. The main changes being:
•
The SmartRegister titling system does not allow part lots so, except for some situations
involving takings, no new part lots can be created. Surveyors are to show any residue land
arising from a subdivision as a balance lot (see chapter 9.15 and 20.4).
•
SmartRegister provides certificates of title without a sketch of the parcel or any easement
sketches, and this change relies on plans showing more information. Surveyors are required
to bring forward onto new plans most existing interests of a spatial nature and list them,
together with any new interests being created, in a schedule (see chapter 14.1).
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1.3
Changes to Plan Presentation
In addition to the changes necessitated by SmartRegister, the opportunity was taken to incorporate
other improvements to the content, format and presentation of Freehold and Crown plans in
keeping with modern Records Management, clearer search copying and suggestions from the
survey industry.
The main changes introduced were:
1.4
•
multiple sheets on plans
•
Freehold and Crown plans now use the same forms
•
A2 and A3 sized forms replaced the old A1, A2 and A3 sized plans and diagrams
•
the amount of colouring on plans was significantly reduced
•
the fundamental concept of the ‘Land Description’ heading on freehold plans was changed to
the Crown ‘Outcome’ type heading
•
Freehold plans can now show land in multiple ownership
•
plans showing sole subject roads are now limited.
Land Administration Act 1997
The Land Administration Act 1997 (LAA) modernised Crown land administration in Western
Australia. The legislation introduced new practices and policies for the release and protection of the
Crown estate facilitating the development of a unique Crown land tenure system supported by a
document registration process. Established conveyancing procedures used for freehold land have
been applied to Crown land.
The result is a Single Registration System, which simplifies and streamlines many processes
relating to the Crown estate. Once the system is fully established a title will be created for all land
parcels in the State. This will result in a consolidated register of all Crown and Freehold tenure and
interests.
In modernising Crown land administration, relevant Acts relating to the administration of Crown
land have been incorporated into the LAA.
The LAA amalgamated:
•
provisions in the Land Act 1933 still appropriate for present day requirements,
•
sections of the Local Government (Miscellaneous Provisions) Act 1960 dealing with roads,
and
•
those parts of the Land Acquisition and Public Works Act 1902 dealing with the taking of land
for a public work and subsequent leasing, disposal and compensation.
Land-related provisions in the Land Acquisition and Public Works Act 1902 were removed from that
Act and placed in the LAA. There were no changes to the basic principles of road
dedications/closures, resumptions and compensation.
The Acts Amendment and Repeal (Native Title) Act 1995 amended the Public Works Act 1902 to
enable native title interests to be compulsorily acquired, prior to affected areas of Crown land being
dealt with (whether used for a public work, or reserved, leased or granted in freehold).
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1.5
Single Registration System
A major outcome of the Land Administration Act 1997 (LAA) is a single registration system for both
Crown and Freehold land in Western Australia.
The LAA resulted in extensive consequential amendments to the Transfer of Land Act 1893 (TLA).
Certificates of Crown Land Title (CLT) and Qualified Certificates of Crown Land Title (QCLT) are
created under the LAA for each parcel of Crown land and are issued in the name of the State of
Western Australia. Suitable graphics are required to produce these titles.
All dealings, interests, rights and powers affecting Crown land must be lodged with the Registrar of
Titles and registered against these CLTs under the TLA to be effective. This reflects the same
principles as Freehold land. Crown land records produced since 1989 under the Single Recording
System automatically became QCLTs under the LAA and are systematically validated and
upgraded to a CLT.
Under the LAA, all interests and other dealings relating to Crown land must be registered at
Landgate. This provides customers with the ability to search such dealings in a similar manner as
Freehold land.
Crown Grants are no longer issued. Freehold status is given by way of a transfer document
registered under the TLA. A Freehold Certificate of Title for that parcel of land is created and
registered under the TLA.
There was a transitional period provided in the LAA in which all existing transactions affecting
Crown land had to be lodged and registered under the TLA. At the end of this 5 year period, any
transactions or interests entered into prior to the commencement of the LAA, that are not yet
registered, will still be valid, but such transactions or interests lose priority and are void against any
prior registered interest.
It is proposed that Landgate will work towards obtaining certainty of title for all interests in Crown
land. CLTs will be indefeasible and guaranteed as to the transactions and interests registered on
CLTs in the same way as Certificates of Title for Freehold land.
The Plan Approval process is identical to that for Freehold Plans i.e. Certified Correct – In Order
For Dealings - Approved.
Unlike Freehold land, many interests registered on Crown land remain subject to survey.
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1.6
Changes Introduced by the LAA
The most significant changes introduced by the Land Administration Act 1997 (LAA) were:
1.
Administrative responsibilities of the Governor devolved to the Minister for Lands.
2.
Executive Council/Gazettal was replaced by registration of Ministerial Orders – gazettal is for
information purposes only and is to be phased out.
3.
Crown Land Records were replaced by Crown Land Titles created under the Land
Administration Act and registered under the TLA
4.
All transactions in Crown land registered against a CLT to be effectual.
5.
Warnings that there may be a hazard likely to affect land on CLTs.
6.
There are no Crown Grants. Freehold status is made by way of a transfer document.
7.
Plan approval effectual at time of document registration.
8.
Plans of subdivision (sales) require WA Planning Commission approval.
9.
Road closure and dedication provisions were removed from the Local Government Act and
placed in the LAA (sections 56 and 58).
10.
The definition of Crown Land was widened to mean all land other than Freehold land, and
include land within the limits of the State that form the airspace, seabed and subsoil of
coastal waters as defined by the Commonwealth’s Coastal Waters (State Powers) Act 1980.
11.
Roads can be created in 3 dimensions. A road can be situated in airspace, over water or
under ground/water as a tunnel (section 54).
12.
Expanded powers of the Minister for Lands for the disposal of Crown Land.
13.
Vesting Orders replaced by Management Orders (section 46).
14.
Provisions for the creation of Mall reserves – has the nature of a road but managed as a
reserve (section 59).
15.
Positive and Restrictive Covenants and Memorials which constitute a charge against land
can be registered against Crown Land (section 16).
16.
Public access routes can be declared over pastoral leases and Crown land (sections 63-71).
17.
Transfer of relevant sections from the Public Works Act 1902 to the LAA.
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2.
Searching Landgate Records
Introduction
Chapter 2 presents the range of information sources available through Landgate,
what they provide and in what formats, and the methods and costs for their
access.
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2.1
SmartPlan Spatial Viewer
The SmartPlan Spatial Viewer is the digital replacement of Landgate's analogue Public Plans. It
provides tools for searching, displaying and printing spatial data together with its associated tenure
information.
It is important to understand that Spatial Viewer has certain limitations in search and display
capabilities. These limitations include:
•
No superseded crown allotment boundaries
•
Not all roads have been polygonised
•
Road numbers are not shown
•
No part lot prefixes for single tenure residue lots.
Spatial Viewer provides access to integrated spatial and related attribute information. The
application provides real time access to Landgate’s databases for internal Landgate users and the
general public attending at the search counter
The Spatial Viewer system enabled the following analogue plan series to be decommissioned as of
the 30th of June, 2000:
1.
Public Plans
2.
Central Map Agency Transparency Plans.
Spatial Viewer allows Landgate staff and customers to enquire on spatial cadastral information via
Street Address, Lot on Plan, Local Government Authority, Locality, Area of Interest, Map sheet
number, etc.
Spatial Viewer can display dimensions such as distance and area. Surveyed distances shown with
no derivation code, are generally reliable. Derived distances shown as ‘(v)’ and digitised distances
shown as ‘(d)’, are not reliable (NB: Landgate only guarantees original survey and title information
and these should always be referred to for legal purposes). Angles and azimuths can also be
displayed.
It is advisable to use a combination of the Spatial Viewer and analogue maps (including source
survey documents if needed).
Spatial Viewer can be used for searches in rural areas to identify Freehold subdivisions that may
not be shown on the relevant Survey Index Plan (see chapter 2.4).

Note
Searches for legal purposes should always include copies of the relevant Certificates of Title and
associated documentation.
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2.2
”My Landgate” Website
My Landgate (the website) is Western Australia’s internet gateway to land and property
information, and has been developed to provide internet access to a range of government data,
products and services. My Landgate’s dedicated Survey Channel includes online map viewing
capability and resources most relevant to the survey industry. My Landgate can be accessed at
www.landgate.com.au. It is currently only available to registered users. Please contact Landgate’s
Online Services Support on 9273 7341 or email onlinesupport@landgate.wa.gov.au for more
information or to subscribe to the service.
2.2.1
2.2.2
2.2.3
Features of My Landgate Survey Channel
1.
View and interrogate cadastral information, geodetic survey marks, topographic and Native
Title data. This data can then be overlaid with the latest aerial photography using varying
levels of transparency, to provide a single image of relevant information.
2.
Provision of various search functions including a specific address or lot on survey. Ability to
activate individual layers including various cadastral and geodetic data.
3.
View cadastral survey indexes as a layer in Map Viewer, and view and download
superseded analogue survey index plans as colour JPEG images.
4.
Search and enquire on geodetic survey marks, view and download mark details and station
summaries, and report missing or damaged marks.
5.
Topographic maps including road centrelines, major water features and points and lines of
interest e.g.. airports, railways.
6.
View and enquire about administrative boundaries including local government areas, land
districts, localities (suburbs) and townsites.
7.
Ability to view and print full-colour customised maps.
General
1.
Simple, easy to follow online training modules incorporating self-assessment tutorials.
2.
Ability to conduct on-line Title searches and check searches.
3.
Online survey, field book and document ordering.
4.
Forms, Manuals, Legislation and other relevant publications.
5.
Latest News, Notices to Surveyors, Customer Information Bulletins, brochures and other
relevant communications.
6.
Links to useful survey industry websites: government, institutions and references.
7.
Contact details of key Landgate personnel.
8.
Online enquiry on historical crown allotments, registration matters, survey status and survey
index cards.
Benefits
1.
Current government data, products and services.
2.
Intuitive search, view and query map tools.
3.
Simple navigation for accessing relevant applications, tools and publications.
4.
Survey industry relevant resources in one easy to use online environment.
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2.3
Customer Remote Searching
Remote searching is now via the Landgate website- http://www.landonline.com.au.
On-Line Requests
Customers are now able to submit a request, on line, utilising the land enquiry option of the
Landgate website to obtain copies of Titles, Crown and Freehold surveys, documents, field books
and index plans. Such information will be forwarded by e-mail as a PDF attachment.
Order forms for CAS customers and credit card customers are available by request or via
Landgate’s website-http://www0.landgate.wa.gov.au/.
Refer to the Land Enquiry User Guide in My Landgate.
2.4
Analogue Survey Index Plan and SmartPlan Survey
Index Plan View
The analogue Survey Index Plan (SIP) series indicates the Freehold surveys and Crown surveys
but lacks integrity with regard to historical Crown surveys.
The analogue SIPs have been replaced by an electronic Survey Index Plan view in SmartPlan
known as SIP View. The SIP View only provides survey information since April 2002 so the existing
analogue SIPs must still be searched for historical information. Images of the SIPs can be viewed
and saved from My Landgate Survey Channel (see chapter 2.2).
The cross indexing of new Deposited Plans on existing Freehold duplicate (mini) plans and
diagrams, affected by new subdivisions and cancellations no longer occurs. When undertaking
searches the SIP View in SmartPlan must be used in conjunction with reference to the images of
the Survey Index Plans.
The original Crown Key Sheet (see chapter 2.6) either superseded or partially superseded, must
also be sighted.
Where SIPs/Crown Key Sheets show only Crown Plan and Diagram numbers (ie. no boundary
definition or parcel identification) this indicates impending tenure changes (sometimes not
occurring for many years) that will not be shown on Spatial Viewer until that Plan or Diagram has
been Approved.
It is imperative that the Landgate systems, particularly the analogue Survey Index Plan (SIP) and
SIP View are searched when preparing for a survey. The SIP and SIP View should also be referred
to immediately prior to lodgement of a Deposited Plan to ensure the plan reflects any changes after
the initial search.
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2.5
Dual Numbering of Crown Plans and Diagrams
To enable Freehold Titles that exist over lots/locations depicted on the various types of Crown
plans and diagrams to be captured in SmartRegister it was necessary to allocate them a Deposited
Plan (DP) number. The following table indicates the number ranges allocated to each plan or
diagram type.
Table 2: The number ranges allocated to each plan or diagram type
Description
Code
Dp Number (min)
Dp Number (max)
District Diagram
DD
79000
90433
Reserve Diagram
RD
91000
92447
Miscellaneous Diagram
MD
93000
93652
Easement Diagram
ED
95000
95953
Crown Diagram
CD
100001
198210
Crown Plan
CP
201501
221440
Townsite Plan
TP
222000
223272
District Plan
PD
224000
233733
Surveyors Plan
SV
235000
235198
Resumption Plan
RS
236000
237012
Pastoral Plan
PA
238000
238674
Reserve Plan
RP
240000
240433
Miscellaneous Plan
MP
241000
243270
Easement Plan
EP
244000
244076
Diagram Book
DB
245000
257792
The new DP numbers can be searched using the ‘Crown Survey Dual Number Lookup’ tool on My
Landgate Survey Channel or http://www.landonline.com.au (by clicking on ‘Land Information’ then
‘Crown Survey Dual Number Lookup’).
By entering the original Crown plan number into the search window the new DP number will be
displayed. The search window will also allow entry of a new DP number to display the original
Crown plan number.
Searchers should note that the DP numbers now appear in SmartPlan’s Spatial Browse. A
hardcopy search of the original Crown plan or diagram will usually reveal the DP number on the
barcode.
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2.6
Key Sheets
Before the advent of the SIP series, two parallel indices of Crown and Freehold surveys existed.
Since all of the historical Crown survey information was not able to be transferred, it is imperative
that the Imperial and Metric series of Crown Key Sheets be sighted when searching for survey
information.

Note
In some areas there may be several map series covering the one search area e.g. 4, 20, 40, 80 &
300 chain series; named townsite; dual metric survey index plans; and key sheets. The 4 chain
series of Key Sheet should always be checked in the metropolitan area – a Street Directory index
is available at the search counter in the Customer Service Hall at Landgate, Midland.
Some old townsites are on old LTO Index Plans that are now lodged (recorded) as LTO (Freehold)
plan numbers and therefore the register needs to be searched.
2.7
Microfiche
As part of the move to a full online service, the Survey Searching Self Serve Facility in the
Customer Hall at Landgate Midland, closed on Friday 17th October 2008.
Two PC’s and a printer will be available at the consulting desks immediately outside the current self
serve area where members of the Survey industry can log into their My Landgate account and
search online and order, or print a copy if they wish; this will be charged to their normal online
account. Visitors to Landgate’s Midland offices can also order copies or view originals by ordering
across the counter, however this will be at the full document cost of $15.00 as per the gazetted fee.
Landgate will continue to maintain a full set of “Master Microfiche” as a back-up to the scanned
images, and of course we still hold the archive of original documents.
2.8
Survey Index Cards (SIC)
The Survey Index Cards (SIC) provide all of the original information on Crown Locations, AA lots,
Estates, Town Lots, State Forests and Reserves. The information provided includes Original Plan
(OP) and Diagram numbers, Compilations, Key Sheets and File Numbers. The data has been
digitally captured and it is available online.
2.9
Geodetic Data
Landgate provides on-line access to standard survey mark (SSM) and benchmark (BM) coordinate
information, metadata and graphical summaries through My Landgate Map Viewer. Information is
also available through phone, fax, email or personal service from Landgate’s Midland office.
SSM information includes references to field books containing cadastral connections that may not
be recorded on the Survey Index (see chapter 2.4).
My Landgate Map Viewer is a graphic mapping interface that links to the Geodetic On-Line Access
(GOLA) system to generate geodetic mark information reports and station access diagrams.
The GOLA system is an Internet based application. The system provides remote access to
geodetic data and images of station summaries. GOLA is especially valuable for surveyors in the
field who may need to access survey mark details outside office hours. It is available on the
Internet through the Landgate home page at https://www.landonline.com.au/gola/. The functions of
GOLA have been included within My Landgate Survey Channel, which adds a graphical capability
to searching information about geodetic survey marks.
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2.10
Mining Tenure
Mining tenure and cadastral survey records held by the Department of Industry and Resources
(DoIR) should be researched especially if current tenements are involved and the surrender of
surface rights is an issue. This is a requirement for Road Casement Surveys by Limited Marking
(see Appendix 1).
2.11
Gazettals
Under the Land Administration Act 1997 all actions against Crown land must be registered to be
effectual. This means that where in the past an action was effectual on publication in the
Government Gazette, under the LAA it is effectual upon registration of a Ministerial Order - the date
of registration being the effective date.
Use of the Government Gazette in the future will be for information purposes only and will gradually
be phased out.
Gazettals/registration of reserves, roads, townsites, etc. may need to be referred to the Department
of Regional Development and Lands (RDL) Survey Coordinator, before issue of Crown
Survey/Drafting contracts if boundary survey detail is vague or not known. Any subsequent
problems should be referred to Survey Coordination, State Land Services, RDL.
2.12
Miscellaneous and Reserve Plans
Landgate produces sketch plans depicting land parcels incorporating unsurveyed boundaries.
These plans need to be searched and shown on new Deposited Plans.
Since April 1998 all Crown Plans/Diagrams have used a single numbering system and are now
lodged and numbered as deposited plans (see plan examples 72, 73 and 74).
2.13
Renovation Plans for Central Business Districts
(CBDs)
Historically, street alignments in CBD areas were not clearly defined. In common with many
surveys of the earlier period lot numbers and dimensions were shown while areas and angles were
often omitted. In many instances, the dimensions for lots were indeterminate due to conflicting
values or the passage of time that has rendered the information illegible (in some cases there is no
field book).
Street Corner Plans (SCP) were introduced in response to a demand for clearly defined property
boundaries in areas of very high land values. These early SCPs were produced on a needs basis
for each particular survey and were basically an alignment sketch.
This was a piecemeal approach and Landgate realised that a coordinated effort was necessary,
particularly as the State was going through a boom period in construction and also to satisfy user
demand.
In 1975, the Inspecting Surveyors introduced a control survey network with all street corners in the
CBD of Perth being tied to the geodetic framework.
There was a rigorous identification and re-establishment of all street corners and buildings. With
additional marking this provided an excellent base for subsequent surveys.
All these renovation surveys were performed to high levels of accuracies with surround closes of
sections having an upper limit of ± 10 “ angular and 1:75,000 linear. These accuracies enabled the
precise identification of every land parcel within any described section.
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All available data was evaluated using the strictest survey examination principles based on
strength of alignment, the reliability of marks found, proportioning of excess or deficiency,
evaluation of C/T dimensions, relevant constraints and variances caused by occupation and the
chronological age of sectional surveys.
In 1981 Renovation Plans were introduced and these were a major improvement on the
superseded SCPs.
Details shown on Renovation Plans include:
•
definition of all land parcels within a described section, depicting original and adopted
cadastral values (C/T dimensions shown if they conflict with original values)
•
Crown and Freehold lots
•
reference to all sources- plans, diagrams, field books, Public Plans, SIPs and C/Ts
•
ownership
•
building connections (where determined)
•
road widths and connections to opposite corners
•
connection to renovation control line (Geodetic Network). True azimuths are shown and
coordinates are available for the control network.
These plans are the single information source (base) needed for subsequent surveys.
The compilation and maintenance of Renovation Plans ceased in January 1993 with a total of 38
plans being produced for the CBD areas of:
•
Perth- 26 (covering 2/3 of Perth CBD)
•
West Perth- 7,
•
Fremantle- 5.
See Appendix 7 Renovation Plan Indexes.
2.13.1
Disclaimer
On each Renovation Plan there is a disclaimer stating:
Maintenance of Renovation Plans ceased January 1993.
Angles and distances on Renovation Plans to be adopted for compiled plans,
excepting where boundary or boundaries have been superseded by subsequent
surveys (Post January 1993).
Renovation Plans are not to be used as the sole criteria for the re-establishment of
corners.
Building connections to be substantiated before adopting.
P. Beaver
Inspector of Plans and Surveys
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2.13.2
2.14
Searching
•
Unique index sheets, showing Renovation Plans in the CBD areas of Perth, West Perth and
Fremantle are available on request at the Public Counter, Customer Services Hall, Landgate
(copies included herein at Appendix 7– Renovation Plans exist for the shaded street
sections).
•
All Renovation Plans are endorsed onto SIPs and can be searched on microfiche. If a
Renovation Plan is not shown within a section then one hasn’t been produced.
•
The Manager, Survey Inspection can be contacted for any problems associated with
Renovation Plans (Renovation Plan search must have been instigated prior to contact).
•
All original Renovation Plans are held in Landgate secondary storage at Midvale.
Acquiring Digital Data from Landgate
An increasingly common additional search component for cadastral surveys is the acquisition of
digital data from Landgate’s Spatial Cadastral Database (SCDB).
This data can be used for mapping and other drafting applications concerning the depiction of land
boundaries. In some places the SCDB can be used to assist in the definition of boundaries and can
be useful in searching for survey marks in remote locations. However, the range of uses is limited
by the spatial accuracy of the SCDB coordinates for the area of interest.
Request forms are available from the Landgate web site at www0.landgate.wa.gov.au/. Click on
‘Products & Services’/ ‘Data’/ ‘Digital Mapping Data’/ ‘Cadastral and Tenure Digital Data’/ ‘order
now’. Follow the instructions to obtain the Geospatial Data Request form. The various parts of the
Geospatial Data Request form are as follows:
1.
Customer details generally self-explanatory and subject to personal preference.
2.
Defined Area/Projection refers to the method of describing the area of interest for which an
extract is required. It can be in the form of:
•
bounding rectangle defined by geographical or MGA coordinates
•
standard map sheet e.g. 1:2000 BG 34 16.17
•
an existing area of interest such as a suburb or local government boundary
or
•
3.
a local area of interest outlined on a map.
Geospatial Data- Surveyors will mainly be interested in the Cadastral family. The other
families generally won’t be necessary for survey purposes. Information about geodetic
stations can be obtained from My Landgate Survey Channel, GOLA or from the information
counter at the Midland office.
Choose the data and data formats required by checking the appropriate boxes. See chapter
2.15 below for information specific to acquiring digital data in Cadastral Survey Data format.
4.
Payment Details- Check the applicable boxes.
5.
Delivery and Licence options- The data can be supplied in a variety of media and delivery
methods.
The most common method now is e-mail because this enables effective and efficient transfer
of electronic data between remote sites.
Licence options can be discussed with a Customer Service officer if necessary.
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2.15
Availability and procedure to acquire CSD files
Extracts of the Spatial Cadastral Database (SCDB) from the lodged and integrated layers over any
specified spatial extent are available in CSD format.
CSD files of specific DPs or survey-strata plans are also available. Generally only the latest CSD
file submission (see figure 2) will be provided because it is the most reliable and in most cases it
will include corrections to errors discovered in the lodged file during the plan audit.
It is recommended that the lodged or integrated layer (as applicable) extract is the most reliable
method of obtaining a CSD file that agrees with the relevant plan, and which also contains
dimensions from subsequent abutting subdivisions.
It is important to be aware that plan CSD files come in a variety of coordinate systems. Watch for:
•
P (for plane coordinates)
•
T (for Transverse Mercator- i.e. “real world” grid coordinates)
•
G (for geographicals i.e. latitude and longitude) in record 1.
T coordinates will generally be most useful, and G coordinates are to be avoided unless you are
sure the systems you are using can import the file properly. Generally CSD Editor users will not
experience any problems, but WESCOM Capture can’t import a geographical file.
When extracting data from the SCDB, it is always important to check the spatial accuracy of the
points in the area of interest. Large parts of the State, including much of the metropolitan area,
have not yet been spatially upgraded, and most surveys lodged before 1995 did not include digital
data. Line dimensions in such areas may not reflect the latest survey information.
CSD files are to be ordered through Geospatial Data Delivery by using the standard Geospatial
Data Request form.
2.15.1
2.15.2
For an SCDB extract from the lodged layer
1.
specify the DP number in the " Area of Interest/Mapsheet " space
2.
specify the PROJECTION required by ticking the appropriate box
3.
tick the “Lodged Layer” box on the Cadastre Family line
4.
tick the "CSD" box in the Cadastre Format line.
For an SCDB extract from the integrated layer (also called approved
layer)
1.
specify the DP number in the " Area of Interest/Mapsheet " space
2.
specify the PROJECTION required by ticking the appropriate box
3.
tick the “Cadastral” box on the Cadastre Family line
4.
tick the "CSD" box in the Cadastre Format line.
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2.15.3
For a CSD file of a specific plan
1.
specify the DP number in the " Area of Interest/Mapsheet " space
2.
specify the PROJECTION required by ticking the appropriate box
3.
state “CSD file export from SMP Browse Survey” in the Special Instructions line.
Surveyors are requested to advise Landgate if they find any errors in the digital data with which
they are supplied. Landgate will provide a corrected CSD file at no extra charge.
Figure 2: Screen shot of SmartPlan Browse Survey CSD file information and
functions
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3.
Survey Guidelines
Introduction
Chapter 3 provides guidance to surveyors on a range of topics to assist them in
achieving best practice in the course of carrying out authorised surveys.
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3.1
Disclosure
General Regulation 4 and TLA regulation 2 confirm the professional responsibilities of surveyors to
disclose information and to act in the interests of the State.
Particular examples of these requirements, and which the surveyor should consider and disclose,
are:
3.2
•
Easements (whether documented or apparent).
•
Presence of encroaching power lines.
•
Encroachments, including positions of fences.
•
Other irregularities which may affect title.
Minimum Acceptable Re-establishment
Sufficient permanent marks should be found to provide enough redundancy:
•
To prove that none of the adopted marks could have moved,
•
To prove that there was not a mistake in the original work and to allow distribution of the
errors in that work, and
•
To detect any mistakes in your own work and manage the errors.
The above criteria are necessary for every original alignment of the subdivision, although reduced
a little for successive alignments because of redundancies provided by the other alignments.
General Regulation 23 requires at least three well-spaced marks in agreement. Two unsupported
intersection spikes is not sufficient pickup. Intersection spikes referenced only by a spike protection
that did not verify the alignment are considered to be unsupported.
In Special Survey Areas the pickup is to include at least three PSMs or PCMs in agreement.
3.3
Urban Re-establishment
A surveyor, when subdividing or re-marking all or a portion of a lot abutting on a road where the
total distance between the road corners disagrees with the original subdivision (whether Crown or
otherwise) by more than one part in eight thousand should re-establish sufficient of the section to
prove the marks found; allow the distribution of excess or deficiency; and allow the calculation of all
of the boundaries of the old allotment. The ratio of 1:8,000 should be substantially tightened in
commercial areas.
Substantial improvements on or near the boundaries of nearby lots (and that may be affected by
the distribution of excess or deficiency) should be located. Suitable measurements from existing
lodged surveys may be used to assist in meeting the requirements of this guideline.
Guidelines under General Regulation 22B issued by the Land Surveyors’ Licensing Board outline
how Standard Survey Marks can be used for re-establishment.
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3.4
Priorities of Re-establishment Evidence
The following order of priority of evidence is recommended in re-establishing street corners:

1.
Reliable marks or monuments (ie. connections to buildings etc) on the subject alignment.
2.
Reliable marks/monuments on other side of the road. Then using original connections across
road.
3.
Proportioning distances (whilst maintaining alignment) over two or more sections. This
method is usually only reliable when both sections are part of the same original survey but it
is the only method to be used where deficiencies are involved.
4.
Proportioning distances whilst maintaining original angle/s within street section.
5.
Maintaining original distances.
6.
Maintaining straight street alignments.
7.
Producing street alignments.
8.
Maintaining original angles.
Note
Items 3 - 8 are mathematical solutions and must be considered together with improvements on or
near boundaries and previous surveys carried out within the section.
Where marks at a bend or a series of bends are gone, the corner/s can be refixed by adopting the
original angle/s at the bend/s to be re-established and proportioning the distances between the
marks found. See chapter 3.16 for guidance on distribution of excess and deficiency.
3.5
Excess Adjacent to Deficiency
An excess distance should not be created adjacent to a deficiency unless this is made necessary
by reliable marks at the corner being re-established. In all other circumstances every effort should
be made to minimise the deficiency as a first priority. An excess adjacent to a deficiency usually
indicates an error in the method of re-establishment (see chapter 3.4 above).
3.6
Conformity between Adjacent Plans
In surveys carried out by traditional conventional means it has been accepted that adjacent surveys
separated by a period of years can differ in their re-establishment of their common alignment.
Because each was based on direct measurements to original marks found the differences were
(and still will be) accepted.
The situation is different when:
1.
modern methods using a control survey are used
2.
the original marks can be subject to disturbance during the construction phase of the
subdivision, and
3.
the field records are necessarily summarised.
In the case of large urban subdivisions (especially Special Survey Areas) it is not acceptable for
adjacent surveys to differ in the dimensions of their common boundary without justification for the
adoptions and resolution of the discrepancy, particularly when both adjacent surveys were carried
out by the same firm or used a common control network. It is the surveyor's responsibility to ensure
that the definition of the common boundary is reliable.
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3.7
Closest Pickup is Best
In resolving difficult re-establishment problems, apparent from large differences from original in
recently lodged surveys, the inspecting surveyors are usually able to find reliable original marks
close to the subject survey (but which were not found or used by that surveyor). The use of these
extra marks usually resolves the problem simply.
The closest original marks should always be used (not necessarily adopted); and a determined
search for all close marks should be made when there seem to be significant differences from
original dimensions.
3.8
Discrepancies with Original
All discrepancies with original values outside regulatory limits should be fully investigated with
adoptions, measurements, offsets and calculations checked. Where re-established corners do not
fit with improvements (e.g.. fencing) there is a risk that an error has been made and therefore it is
recommended that adequate check measurements be undertaken (see chapter 8.4 also).
3.9
Included Angle is a Check Only
In re-establishing adjacent street alignments of an urban section with sparse pickup, agreement
with an original angle alone is an unreliable basis for re-establishment. Commonly both adopted
alignments are incorrect by amounts that compensate in angular terms. Use the angle only as a
check, not as a basis for re-establishment.
Adopting original angles and thereby causing deficiencies on original distances should be avoided,
however in some old rural areas the original angles may be more reliable than the original
distances.
3.10
Erroneous Original Values
Where it is found that an original ‘legal’ dimension of the parent parcel (ie. shown on latest plan) is
in error it is recommended that the relevant adopted corners of the parent parcel are re-marked to
enable the correct dimensions to be shown on the plan that is to be lodged.
3.11
Calibration of Instruments
Calibration of measuring instruments is particularly important when the function of measurement is
hidden from the surveyor who must simply rely on the manufacturer's claims. Regular calibration of
EDM units, total stations, electronic theodolites and GPS receivers should be an integral part of the
measurement process. It is an important part of a surveyor's quality control system and provides
legal traceability back to the national standard for length measurement.
As well as the particular recommendations of the manufacturer, client or employer (and as well as
any needs dictated by accident, transport, repair or loss of control over the instrument) electronic
measuring instruments should be calibrated at least once a year. Historical as well as current
calibration records should be retained and may be required to be produced to support a lodged
survey.
Log on to My Landgate Survey Channel for current details about the calibration facilities and
services available in WA.
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3.12
Accuracy
To maintain accuracy of angular and linear measurements, procedures should be adopted such
that:
1.
the standard deviation of an angular measurement should not exceed + 10” of arc; and
2.
the standard deviation of a distance measurement should not exceed + 1:16,000 of the
distance on an urban survey or + 1:10,000 of the distance on a rural survey.
If the standard deviation calculated from either of the above ratios is less than 5 millimetres on an
urban survey or 10 millimetres on a rural survey, then these latter limits may apply.
3.13
Closures
Surveys should be tested by computation of the angular and linear closures in a surround and may
be tested by comparison with coordinated permanent marks (see chapter 8.5 also). Miscloses
outside the following limits should be recorded in the field book and noted on the Surveyor’s
Report.
3.13.1
Angular Misclose
The angular misclosure in a survey should not exceed:
For urban surveys, 20" times the square root of the number of angles or 1'30" whichever is the
lesser. However if the surround includes existing surveys and if the new work is proven then a
misclosure of up to 2 minutes may be accepted,
or
For rural surveys, 30" times the square root of the number of angles or 2 minutes, whichever is the
lesser. However if the surround includes existing surveys and if the new work is proven then a
misclose of up to 3 minutes may be accepted, or greater in the case of surveys before 1910.
3.13.2
Linear Misclose
The linear misclosure in a survey should not exceed:
For urban surveys
0.02 metre or 1:12,000 of the perimeter whichever is the greater provided that if the surround
includes existing surveys and if the new work is proven then a misclosure of up to 1:6,000
may be accepted.
For rural surveys
0.04 metre or 1:6,000 of the perimeter whichever is the greater provided that if the surround
includes existing surveys and if the new work is proven then a misclosure of up to 1:4,000
may be accepted or greater in the case of surveys before 1910.
3.14
Old Fences as Pickup
In some older areas where it is not possible to find the original or later survey marks, it is valid to
adopt long established occupation provided it is consistent with the relevant surveyed dimensions.
This method of re-establishment should only be used after an exhaustive search for the original
survey marks has been carried out. section 154 of the TLA requires that the occupation must have
existed for more than 20 years.
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3.15
Sketch on Transfer Boundaries
Transfers of portions of lots or locations without survey have been accepted in the past, usually by
description in the transfer with reference to a sketch in the margin or on an annexure (generally
referred to as a ‘sketch on transfer’).
Should the unsurveyed boundary subsequently have to be pegged (or if the portion is later
subdivided) and if it is found that there is excess or deficiency in the whole lot or location, the
transferee is entitled to his transfer distances (ie the transferred portion is usually described as
being of a certain width) but no more (and no less) unless his boundaries have been described by
abuttals. The transferee is therefore not given any excess or deficiency. The total excess or
deficiency goes to the balance portion of the lot or location. If the transferred portion is described
as being of a certain width, no excess or deficiency is allocated to the width but the depth (which is
usually defined by the abuttals) is still given the appropriate amount of excess or deficiency.
It is necessary to search the Titles and/or transfer document to determine which Title is the
transferred portion and which is the balance.
Where the transferred portion is described by abuttals, the abuttal prevails and that portion
receives its share of any excess or deficiency. If the transfer is described as a moiety (an equal
portion, generally a half) and not by defined distances, then both portions must receive their
proportion of any excess or deficiency.
A sketch on transfer situation can usually be recognised by the presence of a boundary, but without
any survey record of its creation. Both the transferred and balance portions were named ‘part lot
(or location)...’ on their respective paper Titles, but most of these have now been amended as part
of the Multi Poly Multi Tenure Project carried out during 2005. Surveyors will still need to allocate
any excess or deficiency in accordance with the above criteria. See chapter 9.47 for Landgate’s
requirements on how these unsurveyed boundaries are to be depicted on plans.
3.16
Distribution of Excess and Redefinition Plans
New procedures for depicting more accurate/modern dimensions for parcels eligible for a
distribution of allowable excess were introduced in July 2001. Past practices that allowed Title
graphics to be amended by Landgate as a result of surveyors lodging a field book showing new
dimensions for a parcel based on a distribution of excess or deficiency are no longer available. As
Titles no longer have sketches included in them it was not possible to continue with past practices.
The current practice is as follows:
1.
Surveyor undertakes survey to determine the position of boundaries and occupation. If the
dimensions surveyed vary significantly from the Title dimensions because of excess or
deficiency in the section the surveyor may lodge a deposited plan (DP) with a purpose of
‘Redefinition’ which shows the adopted surveyed dimensions, and an application for a new
title can be made. A “Redefinition Plan” is recommended when the differences are outside
the ‘margin of error’ covered by section 155 of the TLA, and necessary if the parcel is subject
to a subdivision under the Strata Titles Act 1985. A CSD file is required for the DP.
2.
If the survey is based on a proportionate distribution of excess/deficiency (after allowing for
any sketches on transfer) then the plan is to be processed in accordance with the
Commissioner’s policy on the ‘Correction of Errors on Approved Plans’ and the associated
levels of authority (see schedule below).
3.
If the survey is based on a disproportionate distribution of excess to fit boundaries with
occupation (not allowed for deficiencies) then an application under section 159 of the TLA is
required. Physical evidence of occupation for a period of not less than 15 years must be
demonstrated before the application can be processed.
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Schedule
Table 3: Extent of Correction for Areas and Distances
Type.
Level.
Description.
Extent.
Authorised by.
1(a)(i)
Minor (s.155
of the TLA )
Increasing Area – no impact on
any other lot; subject to 1(a)(ii)
and 1(a)(iii)
No more than
0.2%.
Plan Auditor
1(a)(ii)
Minor (s.155
of the TLA )
Increase or decrease of distance
of a boundary 40 metres or less
50mm or less
50mm of less
Plan Auditor
1(a)(iii)
Minor (s.155
of the TLA )
Increase or decrease of distance
of a boundary over 40 metres
.2% or less
Plan Auditor
1(b)
Intermediate
Increase in area or length with no
impact on any other lot
1% or less
IPS or other
Officer appointed
under S.18 of
Licensed
Surveyors Act
1909
1(c)(i)
Intermediate
Increase in area or length with no
impact on any other lot
5% or less
Legal Officer
1(c)(ii)
Intermediate
Reduction in area or length of lot
not within Perth CBD
1% or less
Legal Officer
1(d)
Major
Any other amendments
Deputy/Commissi
oner of Titles
Where uneven distribution of excess is undertaken accurate connections to all walls on, or near
boundaries, is required and referencing of the lot boundary being fixed by the redistribution is
recommended. A field book must be lodged. In all cases the field book must clearly show the
adopted distribution of excess and the relationships between boundaries and walls or other
improvements.
A common situation where an uneven distribution of excess within a street section (or across
several street sections) is required is where there have been separate subdivisions by different
surveyors. In older areas, especially rural, the differences between subdivisions can be quite large.
Surveyors should distribute excess unevenly (between adjacent original plans) when this situation
occurs.
The long-standing procedures for distributing excess over previous subdivisions carried out using
‘sketches on transfer’ (see chapter 3.15) are to continue. They are only affected by the above
procedure in how an uneven distribution of excess would be applied to the parent parcel of such a
‘paper subdivision’.
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3.17
Special Surveys
Regulation 26A of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 allows the
Surveyor General (defined as including officers authorised by the Governor to approve plans of
authorised surveyors) to authorise surveys conducted by methods other than in accordance with
the regulations. The Land Surveyors’ Licensing Board may authorise types of surveys by
alternative methods.
The Surveyor General or the Board may issue directions or guidelines applying to a ‘Special
Survey’ or an alternative type of survey. The Board has currently approved the following guidelines
for various types of special survey:
•
Survey Practice Guidelines for Subdivisions Within Special Survey Areas (see plan
examples 24, 25, 26, 27, 28)
•
Survey Practice Guidelines for Surveys of Roads through Open Country (see plan examples
70, 71, 104)
•
Survey Practice Guidelines for Surveys of Roads through Forest (see plan example 52)
•
Survey Practice Guidelines for Surveys of Unfenced Pastoral Lease Boundaries
•
Survey Practice Guidelines for Connections to Standard Survey Marks
•
Survey Practice Guidelines for Re-establishment using Standard Survey Marks
The Board website http://www.lslb.wa.gov.au contains current versions of all approved regulation
26A guidelines.
Regulation 21(1) of the Land Administration Regulations 1998 provides another option for surveys
involving Crown land where variation from the guidelines is necessary. Regulation 26A can still be
applied to Crown surveys but usually in the more common circumstances where guidelines have
been published.
The Board’s approval of a set of guidelines (including the Board’s consultation process with the
profession) makes the government agency/authority far more accountable; and the publication of
the guidelines allows many surveyors to use them for both survey and tendering purposes. The
regulation 26A structure allows an open, visible and accountable control over variation from the
regulations.
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3.18
Surveys Involving Crown Land
Surveyors undertaking surveys over, or involving Crown land under the control of the Minister for
Lands, must obtain formal instructions or have a contract obtained from the Survey Coordination
section within State Land Services of the RDL.
Formal instructions or a contract from Landgate is needed where, for example:
•
Freehold subdivisions have included a portion of Crown land (e.g.. a ROW, a Road - to be
closed - and /or a small portion of a reserve)
or
•
A government agency (including local government) contracts a surveyor to undertake work
over Crown land.
Where surveys that involve Crown land under the control of the Minister for Lands are undertaken,
surveyors must ensure they consult in the first instance with the relevant Regional Team, State
Land Services of RDL. Surveyors must confirm that State Land Services of RDL has given:
•
approval for the proposal
or
•
completed all administrative actions before proceeding to survey.
Compliance with the above can avoid lengthy delays in the processing of subdivisions as actions
involving Crown land usually involve complex negotiations.
The Surveyor’s report must outline what actions have been undertaken with respect to Crown land
involved in a Freehold subdivision and what arrangements or approvals have been made by State
Land Services of RDL. The Plan and the Surveyor’s report must include a reference to the relevant
WAPC file number.
3.19
Special Survey Areas
Following extensive consultation with the industry, through the Survey Industry Working Group, the
Land Surveyors’ Licensing Board has approved guidelines under regulation 26A for Special Survey
Areas. These guidelines replace those previously issued under Regulations 55A- 55F for urban
subdivisions using the Early Issue of Title process.
3.20
Subdivisions of Private Roads and Drains Using
Regulation 26A
In accordance with long established practice (originally carried out under section 297A of the Local
Government Act 1960 for the closure and amalgamation of private roads), survey marking will not
be required to subdivide private roads or drains and amalgamate with adjoining Freehold lots
providing the land sharing arrangement is an equal half share or adjoining full width, or the new
boundaries can be drawn between existing survey marks. Where this is not the case a survey is
necessary.
The normal drafting guidelines for surveyed and compiled plans apply. The Deposited Plan must
show new whole lots comprising the portions of the private road, ROW or drain amalgamated with
the adjoining lots. The Plan must also show any residue balance lots as new lots. The
options/procedures outlined in chapter 9.22.4 under ‘Excisions from Corridors’ may be adopted
where necessary.
A ‘Reg 26A’ annotation is to be added to the Deposited Plan approval box (see plan example 31).
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3.21
Connections to State Geodetic Network
The Land Surveyors’ Licensing Board has approved guidelines under General Regulation 22A
requiring certain authorised surveys to be connected to the State Geodetic Network.
Surveyors do not need to connect to the geodetic network when undertaking an authorised survey
if an alignment re-established by that survey was previously connected directly to the geodetic
network. Details of the previous survey (ie. field book and page numbers) that made the connection
must be entered in the field book for the new survey.
Surveyors wishing to defer or avoid making such a connection must apply in writing to the Manager
Survey Inspection before lodging the survey. Applications for deferral must provide information
about the timeframe involved until the connection is to be made.
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4.
Marking Guidelines
Introduction
Chapter 4 details standard and non-standard marking guidelines for the use of
Surveyors undertaking work within the scope of their daily surveying activities.
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4.1
Referencing of Urban Pickup
It is considered important that in urban subdivisions, not within Special Survey Areas, surveyors
comply with TLA regulations 23 and 32 by referencing all unreferenced street corners that are reestablished. Plans may be delayed until this protection is done.
4.2
Protection of Urban Pickup
Surveyors have a professional obligation to support the cadastral referencing system and General
Regulation 24A requires surveyors to duplicate existing referencing at street corners which they
have re-established as a part of their surveys, if that referencing is vulnerable (for example if spikes
are in the one metre corridor). Plans may be delayed until this protection is done.
It is suggested that the use of spikes instead of nails to mark offset lines is an effective and efficient
way of meeting this obligation.
Guidelines under General Regulation 22A and that require connections to the geodetic network or
the placement of control marks may reduce or replace the need for additional referencing in some
situations.
4.3
Referencing of Rural Pickup (Road Corners)
Although not as critical as the urban environment, TLA regulation 23 also requires surveyors to
reference re-established road corners on rural surveys.
4.4
Referencing of Rural Re-establishment
In the course of any survey when it is necessary to re-establish, re-mark or connect to an
unreferenced corner of a rural lot or location (the area of which exceeds four hectares) the surveyor
should reference such corner.
4.5
Risk in Adjacent Spikes
Two spikes close together will eventually cause a mistake. It is recommended that no reference
spike is ever placed within 0.5m of another earlier spike, even if the earlier spike is confidently
believed to be gone. This does not apply to the situation of a spike replacing an earlier one
(nominally in the same position) but in the case of reference marks even that situation is best
avoided to preserve a clear audit trail and to avoid the risk of two spikes adjacent at different
depths.
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4.6
Secure Positions
To ensure long term viability of re-establishment, reference marks should be placed in a variety of
safe locations throughout the survey. For Special Survey Areas the SSA Guidelines provide
information about the placement of permanent marks. Inspecting Surveyors’ experience is that
security of reference mark positions can be ranked as follows:
4.7
•
In the verge (after services have been laid) on the street tree line or overhead power line or
about 0.3 metres behind the back of the kerb or in another safe corridor.
•
Connections to SSM’s within reasonable distance.
•
Marks in walls in new subdivisions or connections to buildings or walls in established
suburbs.
•
Substantial insitu concrete (driveways, pram-ramps, etc. not necessarily kerbs or paths).
•
Spikes in bitumen roads (but do not rely solely on bitumen roads as modern maintenance
programs can completely reconstruct some roads within about 25 year).
•
Marks in old deep kerb.
•
Nails in the bricks of brick paved paths (not between the bricks).
•
Nails in brick paved roads (not between the bricks).
•
A Land Surveyors’ Licensing Board notice has recommended against marks in modern cast
insitu kerbs. Marks in slabs are a last resort only. Nails driven between brick paving or
between slabs are not acceptable as reference marks.
Brick Paving
Inspections of many subdivisions incorporating brick paved roads and paths indicate that brick
paving (even in roads) is not sufficiently stable to contain reference marks and that heavy traffic
during house construction has in many cases disturbed that paving and the kerbs. It is recognised
that at brick paved intersections the scope for placement of reference marks is limited but often
there are isolated safe places such as insitu concrete pram ramps or the referencing could be put
away from the intersection where there are verges, bitumen roads or concrete paths.
4.8
Independent Reference Marks
Modern survey practices and modern calculating procedures are such that there are increasing
benefits in being able to redefine a corner using only one reference mark (ie. for line and distance).
Dependence on distances from two reference marks to set up a corner is becoming less practical.
It is recommended that whenever practical, reference spikes be established whose position is
accurately known (not just a distance from a corner).
It is considered that in most circumstances the value of such a coordinated spike is worth two
‘distance only’ reference marks (although a redundancy is still required in the re-establishment).
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4.9
Reference Spikes on Road Secants
Special care has been shown to be necessary to avoid gross mistakes (most commonly
transpositions) in the distances to new reference marks on road bend secants.
It is strongly recommended that surveyors adopt methods which will eliminate the risk of such
mistakes. Such precautions might include:
4.10
•
always measuring the distances between the spikes on line on the secant to give a
redundancy (and calculating the check)
•
measuring another redundant (‘between’) measurement not on the secant line to prevent
transpositions (and calculating the check before you lodge)
•
making one RM a spike in bitumen and one a spike in the verge possibly 0.3m behind the
back of the kerb
•
avoiding two similar spike distances on the secant (a transposition between grossly different
distances becomes obvious to the next surveyor)
•
independently checking the RMs for gross mistakes on another day, after inking in the field
book.
Non-Standard Marking- A Caution
A disciplinary hearing of the Land Surveyors’ Licensing Board in 1994 found a surveyor guilty of
certifying to the accuracy of an authorised survey knowing it to be inaccurate - because the
certification stated that the survey was in accordance with the Regulations but the corners were not
marked with the specified marks and the difference was not recorded on the Plan.
It was held that it was not accurate to state that the survey was in accordance with the Regulations
unless the exceptions were recorded on the Plan. This ruling could have severe implications for
any job where the marking does not strictly comply with the Regulations. Prudence suggests that
any variations should be recorded on the plan as well as in the field book. This caution applies to
chapters 4.12, 4.13, 4.17 and 4.19.
4.11
Mark the ‘Lot’ Side of Walls
It is common in modern large urban subdivisions for very high brick or limestone walls to be built on
the boundaries of major roads abutting the subdivision. Often the wall is within the lot so that the lot
corner peg falls on the far side of the wall (or on top of the wall) where it is a useless indicator to
the proprietor. In such circumstances it is recommended that the surveyor place an additional mark
or permanent indicator on the ‘lot’ side of the wall to identify the side boundary to the proprietors,
builders, fencers, etc. In some circumstances this ‘lot’ side mark may suffice in lieu of marking of
the actual lot corner (provided the offset is shown on the plan). The situation should be recorded in
the referencing field book.
4.12
Alternative Marks
Where ‘alternative marks’ are used on a survey they should be fully described and justified in the
field book and described on the Plan.
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4.13
Hallmarks and Star Pickets
Hallmarks, steel posts or pegs are approved corner marks in specified situations under the General
Regulations.
Inspecting surveyors will take action against surveyors that use plain star pickets as corner marks
because:
•
they can be confused with construction marks,
•
they cannot be unambiguously numbered, and
•
they are not recognised by the public as a cadastral mark.
It is the surveyor's responsibility to ensure that Hallmarks are not used in a situation or in a manner
in which they become a hazard. It is permissible to place a shield around the exposed portion of
the Hallmark. Hallmarks should never be used in the vicinity of underground services especially
electricity, gas or petroleum reticulation.
It is recommended that the use of steel pegs is described in the lodged field book to assist future
searching with metal detectors.
4.14
Numbering of Pegs
The numbers of all relevant land parcels should be marked on the post or peg on the side or top
(respectively) facing the parcel and in the direction to be read from within the parcel. In rural lands
‘R’ should be marked towards any road abuttal. In urban lands ‘R’ need only be shown where it
would add clarity.
The numbering of timber and steel pegs may be impressed into a horizontal aluminium plate rigidly
attached to the peg. The use of small numbers on bare timber should be avoided.
4.15
Obliteration of Previous Subdivision
When a previous lodged or unlodged survey is superseded by a new survey with amended
boundaries any of the existing visible marks that could cause confusion should be removed or
obliterated by the surveyor who makes the new survey. Original (Crown) marks should only be
removed if they are misleading and, the surveyor shall record such removal. Reference spikes
should not be removed. Intermediate spikes may remain if not apparent. (Please record in the field
book whether each intermediate has been removed.)
4.16
Intervisibility between Marks
Intermediate spikes should be placed on every boundary where necessary such that (in addition to
the requirement of General Regulation 39) from each end mark or intermediate mark on that
boundary another mark should be visible on line in both directions (allowing that a pole up to 4
metres high may be used). This need applies in both rural and urban surveys and regardless of the
length of the boundary. It is a practical requirement to allow fencing of the boundary or its
identification by the public.
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4.17
Clearing of Boundaries
Refer to General Regulation 52 as amended September 2000.
All boundaries likely to be fenced should be cleared sufficiently to enable clear identification. It is
recognised by Landgate that for fencing purposes, visibility is not required below about 1.7 metres
high and that in some topography a tall pole can be used by the fencing contractor.
Even when fencing is not required the proprietor or occupant needs to know roughly where the
property ends so the marking should enable this. It is suggested that an indicated intermediate
mark close to each end of each uncleared boundary will assist in this regard.
Nothing in this paragraph is intended to save work in clearing. It is intended only to save vegetation
in those circumstances where that is an issue.
Boundaries not cleared to the standard required by the regulations should be stated so in the field
book (with the justification) and stated on the Plan.
4.18
Visibility of Marks
It is recommended that standing natural scrub within a metre of pegs, posts and intermediate
spikes be removed. The surveyor should take all such steps as the circumstances may require and
permit to render corner and boundary marks conspicuous. Chapters 4.11, 4.17, 4.19 and 4.20
indicate how this may be achieved.
4.19
Trenching
Trenches or rock pointers are a good indicator of a boundary's direction but they should not be
used where they are likely to be a risk to livestock or the public. Staking is a useful alternative.
4.20
Staking
The use of stakes and flagging to indicate a mark's position is desirable when they are not a threat
to stock. In rural areas it is recommended that star pickets or fence droppers are used when they
are not a threat to stock.
4.21
Timing of Marking
All of the pegs or posts and most of the reference marks (including Permanent Survey Marks and
Permanent Control Marks in Special Survey Areas) of each subdivision should be placed or remain
in place after substantial completion of the servicing of the subdivision (generally after roads have
been kerbed and sealed, sewers and drainage installed and the verge surfaces smoothed).
On normal subdivisions the surveyor should check that all the corners are marked before the plan
is lodged and that sufficient referencing remains for accurate re-establishment after the site works
have been completed.
The initial survey should be planned such that at least three solid control points/reference marks
will survive the site works to enable re-pegging and additional referencing when safe from further
disturbance.
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4.22
Deferred Final Marking / Deferred Referencing
Landgate has an approval system in place (under regulation 26A of the Licensed Surveyors
(Guidance Surveyors) Regulations 1961) that enables surveyors to defer the final
marking/referencing of bonded subdivisions until after the works have been completed. It can be
applicable to normal and SSA subdivisions, including Survey/Strata’s.
The plan can be placed in order for dealings and allow the Registrar of Titles to issue certificates of
title for lots on that plan after the surveyor has certified that the corners of all the lots on that plan
have been marked and that the final marking will be completed within 14 days after practical
completion of the bonded works.
An approval for deferred final marking/referencing (DFM) requires that a network of ‘permanent’
marks connected to the State Geodetic Network controls the survey. Initial pegging of all of the lots
on the Plan will enable Landgate to endorse the Plan In Order for Dealings once final approval from
WAPC has been obtained. When the site works have been completed, permanent referencing and
permanent survey and control marks in accordance with the regulations and the SSA guidelines
(as applicable) can then take place.
Deferred final marking provides benefits for the developer and for the purchasers of lots within the
subdivision. The developer can gain a cash flow which facilitates completion of the development
works which in turn benefits the purchasers by improving the timeframes for occupation of the land.
Each purchaser also benefits by being able to settle at the original fixed price of the land, and by
being able to commence the building process by engaging a builder and making application for a
building license.
By virtue of the approval for DFM, the surveyor takes on a responsibility to the Registrar of Titles to
take reasonable steps to ensure that prospective purchasers are advised that access to the land
may not be possible at the time of settlement. That is, the surveyor now has a duty to the State and
to the public in addition to the duties to the surveyor’s client (the developer) and which will remain
until the final marking has been completed. The surveyor who evades these duties can be subject
to disciplinary action for negligence under the Licensed Surveyors Act 1909.
The use of this procedure requires approval from the Inspector of Plans and Surveys (or delegate).
The following information must be provided for an application for deferred final marking/deferred
referencing to be considered:
1.
A copy of the plan, or draft of the plan, or other graphic that shows the position, size and
nature of the subdivision.
2.
The date you expect to lodge the DP or date of lodgement if already lodged.
3.
If fully bonded, the nature of the works being bonded and the bodies with which the bonds
have been arranged.
4.
If not fully bonded, the nature of the remaining works being bonded and the bodies with
which the bonds have been arranged.
5.
The date the bonds were in place, or are expected to be in place.
6.
The date clearances are expected to be available.
7.
The date dealings (e.g. application for new titles) are expected to be lodged.
8.
The timeframe for practical completion.
9.
The timeframe for final marking.
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This information is used in considering the merits of the application, whether any special conditions
are appropriate, and for follow up if necessary.
The standard conditions for this procedure are as follows:
•
The development has adequate connections to the State Geodetic Network in accordance
with ‘Survey Practice Guidelines for Subdivisions within Special Survey Areas’ (the
guidelines);
•
The corners of all the lots are marked prior to the plan being In Order for Dealings.
Notification to Landgate can be by an ‘Initial Survey Certificate’, similar to the form of the ISC
in the guidelines stating that the marks are in place and referencing/final marking will be
carried out when the subdivision has been completed;
•
Sufficient control points are placed in safe and protected positions to survive the
development works;
•
Placement of referencing/final marking to be completed not more than 14 days after practical
completion of the engineering and construction works;
•
A field book recording the referencing and renovation survey (for normal subdivisions),
survey sheets (for SSA subdivisions) and a ‘Final Survey Certificate’ similar to the form of
the FSC in the Guidelines to be lodged within 14 days of completion of fieldwork;
•
The plan and field book(s) to be annotated ‘Reg. 26A’– referencing/final marking deferred
(<Approval ID>, <Landgate file>) and the notation ‘Reg. 26A’ to be shown in the “Approved”
box of the plan title block; and
•
The surveyor must take reasonable steps to ensure that it is disclosed to purchasers of lots
on the plan that access to the land may not be possible at the date of settlement, and to
ensure that any changes to the timeframe for practical completion is advised to those
purchasers.
Enquiries about using the deferred referencing or final marking procedures should be directed in
the first instance to the Manager Survey Inspection on 9273 7423.
Applications can be e-mailed (preferred), faxed, or posted to the addresses below:
Email
paul.beaver@landgate.wa.gov.au
Fax:
(08) 9273 7669
Mail:
Inspector of Plans and Surveys
Landgate
PO Box 2222
MIDLAND WA 6936
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5.
Surveys of Water Boundaries
Introduction
Chapter 5 presents current and historical information concerning the existence and
creation of water boundaries under a range of legislation.
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5.1
Introduction
Surveys of land bounded by water can involve complex legal situations and surveyors need to be
aware of the principles involved. Obviously any survey to locate a high water mark boundary must
not only adhere to legal principles but such practical considerations as cost limitation factors must
also be considered. The practice adopted by some surveyors in the past has been to select a
position on the ground, taking due regard of local evidence in the form of debris etc. This approach
is a practical one, cost effective and tending to preserve what many believe is the basic intention of
such boundaries, i.e. alienated land shall seldom if ever, be subject to inundation, although
surveyors would need to comply with the accuracy requirements of the Licensed Surveyors Act
1909 and Regulations (in particular regulation 5 of Licensed Surveyors Regulations 1961).
5.2
Tidal Waters
The current statutory definition (i.e. LAA) of High Water Mark for tidal waters is the ‘ordinary high
water at spring tides’ and it is generally accepted that this is equivalent to the definition of Mean
High Water Springs in the Australian National Tide Tables. A recent Queensland case has
confirmed this assumption.
It is considered good survey practice to carry out high water mark surveys of tidal waters by using
levelling techniques to set out an adopted high water mark contour and relating the survey to a
recoverable datum, preferably AHD. Survey performed in this way is usually recoverable and more
consistent within itself and with other surveys. The Survey Inspection Team of Landgate can make
available to surveyors AHD values of high water mark for any part of the State. These values have
been determined from the Australian National Tide Tables and Public Works Department of
Western Australia publication 47574- 2, and are accepted by the Inspector of Plans and Surveys as
being in accordance with the LAA definition of high water mark for tidal waters.
In situations that require greater accuracy a field survey should be carried out. The field survey
should establish an adequate amount of tide data for the specific area from which the horizontal
location of mean high water, or any other required datum, at specific points on the shore may be
obtained. The Survey Inspection Team can advise on the methods of determining a reduced level
of high water mark from observations made.
5.3
High Water Mark on a Tidal River or Estuary
In a tidal river or estuary the tidal range could be expected to be less than the open sea and the
times of high and low tide could be expected to lag behind those of the open sea. Winter flow
would make the observation of tide heights less reliable so more cycles would need to be
observed. Because tidal phenomena reflect cyclical astronomical conditions, elevations based
solely on tidal data are usually permanent and recoverable.
The introduction of non-tidal constituents into the calculation process may compromise the
reliability of the datum. The masking of the tidal effect by non-tidal forces such as seiche is an
example of this condition. Seiche, which occurs in bays and harbours, is the oscillation of water
due to barometric pressure and other non-astronomic forces and should be ignored in determining
mean high water mark. Where the tidal influence in a river or stream is minimal and in fact
negatived by fresh water run-off, a mean water level elevation should not be used for boundary
purposes. This situation would require the use of the ordinary high water mark (ie. non-tidal waters
definition) for boundary determination purposes.
The accuracy of these determinations is related to the factors involved. Errors could range from a
few centimetres to a few decimetres depending on the care taken and the length of the period of
observations.
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5.4
Inland (Non-Tidal) Waters
There are significant differences in the legal definitions of high water mark for tidal and non-tidal
waters. For non-tidal waters the common law states that the ordinary high water line (mark) is an
observable physical mark that can be evidenced by terrestrial vegetation, changes in the soil,
surface markings (erosion, shelving and litter) and geological characteristics.
The use of ‘ground evidence’ for locating the position of high water mark is valid if such
determinations are based on the principle of ‘the limit of useable land’. In most cases, by this
method for non-tidal waters, surveyors have adopted the ‘top of bank’ position as defining the
ordinary high water line (mark).
Some surveyors, especially last century, erroneously adopted the top of the ‘high bank’ (ie the bank
of the floodplain) as the position of the ordinary high water line. As a result some surveys have
been found to be up to hundreds of metres in error.
Where a parcel extends to the centre thread of an inland watercourse (ad medium filum aquae) the
survey should define both banks and the centreline of the watercourse.
5.5
Survey Method
In the past, survey regulations have required that high water mark surveys be carried out using
offsets or insets at regular intervals from a traverse line. The use of radiations to each bend in the
water boundary from selected traverse stations is considered a more reliable and efficient method
compatible with modern survey equipment including GPS.
5.6
Doctrine of Accretion and Erosion
The doctrine of accretion and erosion applies to tidal and non-tidal boundaries where the change in
the position of the boundary is gradual and imperceptible. Where this situation does not apply, the
bank must be defined in the same position as immediately before the change. Generally reclaimed
land from tidal waters becomes Unallocated Crown Land and inundated land retains its previous
tenure.
5.7
Title Amendment for Water Boundaries
Where large differences from original are encountered in the position of a water boundary and the
change has occurred gradually and imperceptibly, a certificate of title can be amended by an
application made under section 170 of the Transfer of Land Act 1893. The application would
normally need to be based on a new survey plan (see plan example 42) and the survey should
identify the impact of the application on any affected adjoining parcels, including those across a
watercourse, if applicable. To meet the requirements of section 77 of the Legal Practitioners Act
1893, a section 170 of the TLA application should be prepared by a ‘certificated practitioner’.
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5.8
Freshwater Bay Surveys
Surveyors should be aware that the Melville Water and Freshwater Bay Road Act, 1912 (the Act)
empowered the Surveyor General to ascertain and determine the high water mark at Freshwater
Bay and Melville Water (i.e. from Mosman Park to Nedlands) for the purposes of the Act. On
approval of the Minister for Works such determination became final and conclusive.
Although the Act was repealed in 1966 a survey of the high water mark at Freshwater Bay (shown
on Original Plan 5982) was approved by the Minister for Works in 1955. This determination of the
high water mark has fixed the boundary between the Swan River at Freshwater Bay and the land
(Freehold and Crown) above high water mark. Unfortunately the Act provided no specific
mechanism as to how the Freehold Titles to the land abutting this section of the river were to be
amended. The result today is that a number of Freehold Titles reflect a direct access to the Swan
River that is not the true legal position.
The river boundaries of land affected by Original Plan 5982 can be defined with some certainty
following a renovation of the survey in 1993 by the Inspecting Surveyors. Surveyors should ensure
they have a full search when working in the area.
Surveyors defining any river boundaries affected by the Act but outside Original Plan 5982 should
seek advice from the Surveying Inspectors at Landgate.
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6.
Surveys Using Global Positioning
System (GPS)
Introduction
Chapter 6 presents guidelines for the requirements for field survey and the
presentation of field books containing authorised surveys carried out using Global
Positioning System
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6.1
General
Amendments to the General Regulations (gazetted 5.9.2000) removed the technology specific
provisions that prevented the use of GPS for cadastral surveys without first obtaining special
approval from the Surveyor General. The Regulations are now technology independent and allow
for the use of GPS technology in all cadastral surveys. Surveyors responsible for surveys are to
ensure the accuracy requirements of the Regulations are met and that the field records accurately
reflect the methods and results of the surveys.
6.2
Control Surveys
The Special Survey Area Guidelines under General Regulation 26A include material specifically
covering control surveys by GPS.
6.3
Geodetic Connection
Generally each GPS survey for cadastral purposes should be connected to the State Geodetic
Network. Landgate can provide verified coordinates for geodetic survey marks that can be used as
datum stations. If it is not reasonably practical to connect to a geodetic mark the origin of the
coordinates for the datum station, and the nature of that station must be provided in the field
record.
In urban areas the two closest State Geodetic Survey Marks should be used as datum stations and
to provide redundancies for the survey.
In rural areas a State Geodetic Survey Mark within 10 km of the land the subject of the survey
should be used as the datum station. If there is another State Geodetic Survey Mark within 7 km of
the survey, that station should be used to provide a redundant connection.
If the State Geodetic Network is considered inadequate for efficient GPS surveys in a particular
area it is recommended that the Geodetic Survey section of Landgate be contacted for advice.
Consideration may be given to an extension or densification of the network in that area.
6.4
Permanent Marking of GPS Stations
At least two GPS stations within each small subdivision (more on larger rural subdivisions) should
be permanently marked or referenced (horizontally, to cadastral standards of visibility and stability).
If, to get satellite visibility, stations outside the subdivision need to be occupied each should be in a
secure place and be permanently marked or referenced as above.
In all cases the relationships between these reference stations and the cadastre and the geodetic
control used should be recorded in the field book.
6.5
Distant Reference Marks
In any situation where a GPS station is established individually and an azimuth is not otherwise
obtainable on the ground (either by sight to another GPS station or from other lines of the survey)
then a distant reference mark should also be established. The reference mark should be visible
from that GPS station and ideally at least 150 metres away from it.
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6.6
Field notes
6.6.1
Equipment
The following details for each item of equipment used in the survey are required for legal
traceability purposes (see example 4 in appendix 3):
•
Manufacturer
•
model number
•
serial number
•
calibration details and certificate number (if applicable).
This requirement is applicable, where relevant, to the following equipment types:
6.6.2
•
GPS receivers,
•
Theodolites,
•
EDM units,
•
Electronic tacheometers (‘total stations’), and
•
Steel bands.
Method
The methods and equipment used for making measurements for each line within the survey shall
be clearly recorded in the field book (see example 13 in appendix 3).
Examples of methods are as follows:
traversing
Pseudo-Kinematic Baselines
open radiations
Rapid Static Baselines
Static Baselines
Kinematic Baselines
Real Time Kinematic (RTK)
Baselines
Differentially derived point
positions (DGPS).
Examples of the information that is required for each of these methods include:
•
single or dual frequency
•
number of common satellites observed
•
duration of common observations.
A summary sketch to illustrate the relationship of the baselines (GPS vectors) shall be recorded in
the field book (see example 13 and 16 in appendix 3)). It is essential that an independent check be
made at each new parcel corner. Suitable checks include:
•
re-initialisation
•
re-occupation at a later time
•
observations from two reference stations.
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6.6.3
Processing
6.6.3.1
Datum
The following information shall be recorded in the field book:
6.6.3.2
•
The datum station for the survey.
•
Starting coordinates and source.
•
The spatial reference system upon which the coordinates are based.
Software
The title and version number of the software used for processing the GPS observations shall be
recorded in the field book.
6.6.4
Results
6.6.4.1
Control Networks
The GPS baseline observed values and adjustment results shall be recorded in the field book as
follows (see examples 13 and 15 in Appendix 3):
6.6.4.2
•
the observed mean ground level distance and
•
pseudo observed mid azimuth for each line;
•
the adjusted mean ground level distance and adjusted mid azimuth for each line;
•
the adjusted three-dimensional coordinates of all points in the survey, and the horizontal and
vertical datum’s upon which they are based;
•
a description of the adjustment method, constraints and software; and
Parcel Boundaries
The following dimensions and values relating to the parcel boundaries shall be recorded in the field
book (see example 16 in Appendix 3):
•
Mid-azimuth of each straight line and of the long chord of curved boundaries,
•
Ground level distances,
•
Calculated spheroidal angles at corners (calculated from the end azimuths),
•
Parcel closure and area, and
•
GPS derived height of each boundary mark.
Grid bearings may be shown but must be either MGA or a Transverse Mercator Project Grid
recognised by Landgate (e.g. PCG94).
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6.6.4.3
6.6.4.4
Real Time Kinematic (RTK) Surveys
•
In addition to the requirements of 6.6.4.1 and 6.6.4.2 above, surveys by RTK shall also
include the base station input coordinates, output coordinates and height of each rover
station, (see examples 17 in Appendix 3).
•
Where corner and intermediate marks have been set out at predetermined positions, and the
plan dimensions are pre-calculated, it is recommended that the field book contain a table
comparing the design coordinates with the surveyed coordinates (see example 18 in
Appendix 3).
•
The coordinate system adopted for the survey (e.g.. arbitrary plane system) should be
defined by reference to points on a geodetic datum compatible with that of the State
Geodetic Network (e.g. GDA94).
•
Heights can be expressed in terms of the ellipsoid or the geoid. Heights above the reference
ellipsoid or spheroid (ellipsoidal, or spheroidal, heights) are derived directly from GPS
observations. Heights above the geoid (orthometric heights, generally equivalent to AHD)
are calculated from ellipsoidal heights by applying the geoid-ellipsoid separation (N value). If
AHD heights are chosen, then the derivation of the adopted N values used in the conversion
shall be stated.
•
Inter-station vector information in the form of grid bearings or mid-azimuths and ground level
distances is preferred for spatial integration of the survey. It is sufficient to provide this
information for key points within the survey, as long as the coordinates of every point have
been supplied (see examples 17 and 18 in Appendix 3).
Geodetic Survey Controls
GPS baselines between State Geodetic Survey Marks such as Standard Survey Marks and
Trigonometrical Stations are useful to Landgate for verifying and upgrading the existing geodetic
network. It is also possible that Benchmarks and key cadastral points can be added to the network
if reliable inter-mark relationships are provided. The best way to provide the three components of a
3D vector for this purpose is in the form of dx, dy and dz (and the standard deviations) (see
example 14 in appendix 3). It is important to specify the geodetic datum (e.g. GDA94) on which the
data is based.
See chapter 19.3 for information on field book audits and chapter 19.3.3 for checklists.
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6.6.4.5
6.7
Virtual Reference Station (VRS) Surveys
•
In addition to the requirements of 6.6.4.1 and 6.6.4.2 above, surveys by VRS shall also
include output coordinates, number of epochs observed and height of each observed station,
(see example 19 in appendix 3).
•
VRS observations of the survey control network and the State Geodetic Network should be
carried out concurrently.
•
Where corner and intermediate marks have been set out at predetermined positions, and the
plan dimensions are pre-calculated, it is recommended that the field book contain a table
comparing the design coordinates with the surveyed coordinates (see example 18 in
appendix 3).
•
The coordinate system adopted for the survey (e.g.. arbitrary plane system) should be
defined by reference to points on a geodetic datum compatible with that of the State
Geodetic Network (e.g. GDA94).
•
Heights can be expressed in terms of the ellipsoid or the geoid. Heights above the reference
ellipsoid or spheroid (ellipsoidal, or spheroidal, heights) are derived directly from GPS
observations. Heights above the geoid (orthometric heights, generally equivalent to AHD)
are calculated from ellipsoidal heights by applying the geoid-ellipsoid separation (N value). If
AHD heights are chosen, then the comparison with the published height of any State
Geodetic Survey Mark visited shall be stated.
•
Inter-station vector information in the form of grid bearings or mid-azimuths and ground level
distances is preferred for spatial integration of the survey. It is sufficient to provide this
information for key points within the survey, preferably as long as the coordinates of every
point have been supplied (see examples 17 and 18 in Appendix 3).
•
All calculations are to use the observed values from the survey in question. Connections
from at least two observed stations of the survey network to the two closest observed
positions of the State Geodetic Marks, in accordance with 6.3 should be shown in a
schematic format (see examples 20 in Appendix 3). A comparison between the State
Geodetic Marks visited (LANDGATE published coordinates) and the observed coordinates
are to be shown, preferably in a tabular format.
•
Show a comparison of any redundancies, re-observations and checks using suitable survey
methods.
References
The guidelines in this chapter are considered to describe the minimum requirements for the survey
and for the presentation of field books containing authorised surveys utilising GPS, and do not
absolve the surveyor from requirements under other relevant Regulations, Guidelines and Survey
Instructions.
The surveyor is encouraged to include in the field book any information additional to that required
under these guidelines to demonstrate that the above mentioned requirements have been satisfied.
The surveyor is also encouraged to maintain archive copies of the raw GPS data files and
processed output files and adjustment input and output files, for at least 2 years from the date of
lodgement.
The two references below specify observational and processing requirements for surveys by GPS
for legal purposes:
•
Survey Practice Guidelines for Subdivisions within Special Survey Areas (see LSLB web
site).
•
Standards and Practices for Control Surveys (SP1), Inter-governmental Committee on
Surveying and Mapping.
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7.
Easement Surveys
Introduction
Chapter 7 presents the methods by which surveys for easement purposes may be
carried out in the various situations that arise.
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7.1
Scope
These guidelines are applicable to the following two situations of determining the spatial definition
of easements:
•
by survey and ground marking, and
•
by calculation from the Spatial Cadastral Database (SCDB).
These guidelines are applicable to easements over both Crown and Freehold land.
These guidelines are particularly applicable to easements created under the Land Administration
Act 1997 and the Petroleum Pipelines Act 1969 for depiction on ‘Interest Only’ plans.
The provisions in these guidelines can be adopted where authorised and applicable for the
definition of other easements including those registered under the Transfer of Land Act 1893.
7.2
Easements by Survey and Ground Marking
7.2.1
General provisions
It is the surveyor’s responsibility to ensure that the survey method used is appropriate for the
circumstances of that particular job and that the work is proven.
Survey methods should conform to the basic principles of survey as defined in the Licensed
Surveyors (Guidance of Surveyors) Regulations 1961 (the General Regulations).
Definition is to be achieved by surveying one side of the proposed easement, the centre line, or
some other offset line. If the utility is in position at the time of survey, connections to it are required
at every survey mark placed.
To facilitate verification of the easement survey and integration with the SCDB, rigorous
connections to the State Geodetic Survey (geodetic connections) are required. In remote areas a
surveyed connection should be made to each geodetic station within 5km of the easement route. In
areas with a greater density of geodetic stations, geodetic connections should be made at intervals
of not more than 5km.
The geodetic connections should be in accordance with Chapter 7.4.
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7.2.2
Marking
Generally easements protecting services within Crown Land in rural and pastoral areas, or access
routes to those services, should be marked in accordance with the following provisions.
For other easements, ground marking is at the discretion of the surveyor and the other interested
parties:
7.2.3
•
One side of the easement should be marked.
•
Angle points, surveyed intersections with existing cadastral boundaries and points at one
kilometre intervals on long straights, should be marked in accordance with paragraph (a) of
the Table to General Regulation 36.
•
Intersections with unsurveyed boundaries do not generally need to be marked. In the case
where the boundary is accurately represented on the ground by improvements such as a
fence, then a single reference mark is to be placed on the intersection of the surveyed line
with the improvement.
•
Placement of one reference mark exactly on line, line produced, or half angle is
recommended. Intermediate marks are required at 500 metre intervals or at other distances
necessary to maintain line of sight. Reference marks and intermediate marks are to be sunk
at least 0.3 metres where ploughing or other disturbance is likely.
•
Posts are to be stamped with ‘E’ as viewed from inside the easement. It is preferred that
each post is stamped with a unique identifier and the reference to that identifier is shown in
the field notes and included on the easement plan.
•
Trenching of posts will not be necessary but the use of a steel fence dropper, star picket or
similar, positioned adjacent to each post as a marker is recommended where such
placement does not endanger stock, people or property.
Field notes
The field notes of the survey must be lodged in a standard cadastral field book certified by a
licensed surveyor holding a current practising certificate.
Where GPS is used, the survey must be recorded in the field book as specified in Landgate’s
current Survey and Plan Practice Manual.
7.2.4
The Plan
The ‘Interest Only’ Plan should be drafted as generally indicated in Landgate’s current Survey and
Plan Practice Manual.
Traverses from geodetic stations to the easement must be shown on the Plan, not necessarily to
scale.
If the survey is mostly based on GPS surveys, the Plan should bear the following statement –
‘Dimensions derived from GPS observations’, but expanded to show the appropriate detail, for
example ‘RTK’.
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7.3
Easements by Calculation from the SCDB
7.3.1
General provisions
The ground definition and marking of the boundaries of many easements that protect public and
private assets such as pipelines or powerlines by normal survey methods is expensive and, in
terms of physical identification and spatial accuracy, generally unnecessary.
A method that satisfies the key factors of certainty of position (within adequate tolerances) and
reasonable cost is a calculation of the easement boundaries using the SCDB. This method relies
upon the spatial relationship of the physical infrastructure with the boundaries defined in the SCDB.
Only areas where the SCDB have been spatially upgraded are suitable for this method of
easement definition. Easements defined by calculation from the SCDB can be accepted on
‘Interest Only’ plans where the following conditions exist:
•
the accuracy of the SCDB is sufficient to provide certainty of position within tolerances
adequate for the type of easement,
•
the costs of easement definition by normal survey methods are demonstrated to be either
exorbitant or grossly disproportionate to the value of the asset, and
•
the owner of the asset has consented to this method of spatial definition
7.3.2
Procedure
7.3.2.1
Spatial Upgrade
If the area of interest has not been spatially upgraded arrangements can be made for the spatial
upgrade to be performed by the surveyor.
Additional geodetic connections would normally be required to achieve a suitable spatial accuracy
of the upgraded SCDB.
7.3.2.2
Spatial Accuracy
In general, a nominal accuracy of 0.5 metres in rural and pastoral areas and 0.1 metres in urban
areas for the upgraded SCDB is required to achieve an adequate degree of positional certainty.
If the area has been spatially upgraded but not achieved the aforementioned accuracies, additional
geodetic connections will be necessary.
The geodetic connections should be in accordance with Chapter 7.4.
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7.3.2.3
Spatial Extent of Easement
If the infrastructure has already been constructed, a survey to determine the geographic position of
all the physical elements that need to be contained within the easement must be carried out.
This ‘as-constructed’ survey must provide positions that are compatible with the boundary
definition. The aim is to achieve certainty that the structure falls completely within the easement.
This would mean that a margin of error depending upon the expected relative accuracy is allowed
when determining the clearance between the structure and the boundary.
The easement dimensions are calculated within the spatially upgraded SCDB to completely
enclose the existing infrastructure, based upon the ‘as-constructed’ position. Intersections with
other land boundaries are also calculated and shown on the plan.
If the infrastructure has not yet been constructed, then the easement dimensions are calculated
within the spatially upgraded SCDB in accordance with the requirements of the owner of the asset
to be protected. Sufficient survey control and marking is required to accurately define the easement
at any time in the future.
7.3.2.4
Spatial Verification
The SCDB is a digital cadastral model that has been constructed from a limited number of
surveyed connections between cadastral marks and State geodetic stations.
An estimate of the spatial accuracy of any point in this model can be given by a statistical analysis
of the least square adjustment results. This is expressed in the SCDB as the ‘circular error’
(arithmetic mean of the major and minor semi-axes of the error ellipse).
The accuracy of this estimate can be tested by comparing the positions of a set of surveyed
boundary points that have not been included in the adjustment with the modelled position.
The method of survey and the accuracy of measurements shall be such that there is less than a
5% probability that the actual error in position of any surveyed boundary point within the area of
interest exceeds the accuracy statement for that point in the SCDB.
Verification can be achieved by making redundant geodetic connections to cadastral points within
the area of interest that are not used in the spatial upgrade process. These can be used to verify
the reliability of the adopted geodetic connections, and to provide a ground truth for upgraded
points in the SCDB.
7.3.2.5
Field Notes
The field notes of the survey, including geodetic connections, pickup of the infrastructure and
ground truthing connections, must be in a standard cadastral field book certified by a licensed
surveyor holding a current practising certificate.
Where GPS is used the survey must be recorded in the field book as specified in Landgate’s
current Survey and Plan Practice Manual.
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7.3.2.6
The Plan
The ‘Interest Only’ Plan is to be drafted in accordance with the requirements of Landgate’s current
Survey and Plan Practice Manual.
The following additional notations are to be placed within the graphic area of the Plan:
•
Surveyed in accordance with Survey Practice Guidelines for Easements under regulation
26A of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961’.
•
‘Dimensions derived from the Spatial Cadastral Database as at <date of final
adjustment/calculation>’.
•
‘Calculations have been made on the GDA94 and distances reduced to mean ground level’.
•
‘Easement boundaries are completely unmarked but related to the SSMs shown’.
•
The notation ‘Reg 26A’ is to be added to the ‘approved’ panel in the title block.
7.4
Geodetic Connections
7.4.1
Survey
For each connection provide, sufficient data to enable MGA coordinates to be derived for at least
two points on a cadastral alignment. Where practicable these points should be separated by 200
metres or more.
Locate and validate existing cadastral points. Marks must be renovated or replaced in accordance
with the requirements of the Licensed Surveyors (Guidance of Surveyors) Regulations 1961.
Additional reference marks are to be placed at cadastral points occupied with GPS.
Validate the horizontal stability of the controlling SSM from reference marks.
Survey the connection using the following technique:
•
observe a GPS baseline between the controlling SSM and one cadastral point, and
•
observe a GPS baseline between the selected cadastral points. Note that it is not acceptable
to calculate a connection between the cadastral marks on the basis of individual GPS
observations from the controlling SSM.
Where practicable, provide redundant measurements that will confirm the connection.
The GPS baseline observation may be of any type (static, rapid static, kinematic) as long as the
required precision is achieved.
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7.4.2
Accuracy
Horizontal ground distances and azimuths as calculated from GPS observations between the
selected cadastral points should agree with original values within the limits specified in the
Licensed Surveyors (Guidance of Surveyors) Regulations 1961. Where such agreement is not
attained then further pickup is recommended to prove the alignment.
The method of survey and accuracy of measurements shall be such that there is less than a 5%
probability that the actual error in the positional accuracy (co-ordinate) of the cadastral mark with
respect to the SSM will exceed r millimetres provided by the formula:
r = c(d + 0.2) - where d is the direct distance between the two points in kilometres and c is as
specified in Table 7.1 below.
Table 7: Accuracy
7.4.3
Section
Amount
Urban
25
Rural
40
Pastoral
90
Field notes
For GPS baselines, both the ellipsoidal (GRS80) and mean ground level distances and the
calculated mid-azimuths are to be clearly documented in the field book. Also to be recorded is the
angle, as calculated from end azimuths between the SSM connection and the re-established
alignment (or offset).
MGA coordinates are not generally to be shown in field notes as they are subject to change should
any readjustment of the controlling SSMs be undertaken. However a listing of the base station
input coordinates and the cadastral points and their derived MGA coordinates is required in the
case of a GPS RTK survey.
Details of the GPS hardware type including serial numbers of receivers and antennae plus the
software version used for reduction of observations must be recorded on the index page of the
lodged field book/s together with calibration details for EDM and bands, if used.
Sufficient information should be recorded to demonstrate that the required accuracy has been
achieved.
To facilitate cross referencing it is important that the following details are clearly shown in the field
notes for each connection:
•
Original (Orig) distances between the GPS connection point and adjacent cadastral bends or
corners
•
Lot `numbers, road names or numbers, reserve numbers, etc
•
Clear details of the search used including the page number/s of field book/s together with
details of the field book/s containing the centreline or ‘as-constructed’ survey
•
Survey Index Plan reference.
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7.5
Transmission Line Easements
7.5.1
Scope
These guidelines are applicable to the following two situations of determining the spatial definition
of transmission line easements:
•
by local re-establishment and calculation, and
•
by calculation from the Spatial Cadastral Database (SCDB).
The survey methods for each of the above situations will be similar, but there will be some data
transfer processes to consider if calculating from the SCDB.
No ground marking of easements for transmission lines will be required. These guidelines are
applicable to easements over both Crown and Freehold land.
7.5.2
Local re-establishment and calculation
7.5.2.1
General Provisions
It is the surveyor’s responsibility to ensure that the survey method used is appropriate for the
circumstances, and that the work is proven.
Survey methods should conform to the basic principles of survey as defined in the Licensed
Surveyors (Guidance of Surveyors) Regulations 1961.
To facilitate verification of the survey and integration with the SCDB, rigorous connections to the
State Geodetic Survey (geodetic connections) are required. In remote areas a surveyed connection
should be made to each geodetic station within 10km of the transmission line. In areas with a
greater density of geodetic stations, geodetic connections should be made at intervals of not more
than 5km. The geodetic connections should be in accordance with Chapter 7.4.
Where GPS is used the survey must be carried out in accordance with Landgate’s current Survey
and Plan Practice Manual.
7.5.2.2
Field Notes
The field notes of the survey must be lodged in a standard cadastral field book certified by a
licensed surveyor holding a current practising certificate. The following information is to be
recorded in the field book:
•
Normal requirements of cadastral re-establishment.
•
Validation of SSMs from reference marks.
•
All connections from SSMs to cadastral points.
•
Any additional control placed and connections from that control to cadastral points whether
measured or calculated.
•
Marking and referencing details with relevant abutting information (e.g. lot on plan, C/T, road
name).
•
Feature information (e.g. fences, terrain, access).
•
Any other relevant information.
It will not be necessary to include all the easement dimensions in the field book.
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7.5.2.3
The Plans
The plans should be drafted as specified for ‘Interest Only’ Plans in Landgate’s current Survey and
Plan Practice Manual. The Plan type will be ‘Freehold’ and the purpose will be ‘Interest’.
Each Plan must be compatible with the easement documents that the Service Provider intends to
register. The extent of each plan must be consistent with the proposed registration actions of the
Service provider such that upon registration of the documents, the whole of the plan can be
approved. Surveyors need to consult with the Service Provider as to the registration requirements.
Where any uncertainty exists surveyors should prepare individual easement plans for each affected
parcel.
CSD files based on MGA coordinates are to be prepared in accordance with the requirements
specified by the Inspector of Plans and Surveys for each individual Plan and lodged at Landgate.
Where the survey is based on GPS observations, the relevant Plans should bear the following
statement:
“Survey dimensions derived from GPS observations.”
The following notations are to be placed within the graphic area of the plan:
“Surveyed in accordance with Survey and Plan Practice Guidelines
for Transmission Line Easements under regulation 26A of the
Licensed Surveyors (Guidance of Surveyors) Regulations 1961.”
“Reg 26A” is to be added to the approved box in the title block.
7.6
Calculations from the SCDB
7.6.1
General provisions
A method that satisfies the key factors of certainty of position (within adequate tolerances) and
reasonable cost is a calculation of the easement boundaries using Landgate’s Spatial Cadastral
Database (SCDB). This method relies upon the spatial relationship of the physical infrastructure
with the boundaries defined in the SCDB.
The SCDB must be spatially upgraded using the surveyed easement alignment and/or control
traverse before definition of the easement can be undertaken. Areas of the SCDB that are
upgraded for this purpose must be done in accordance with Landgate’s requirements. Definition of
easements by calculation from the upgraded SCDB can only be accepted where the accuracy of
the SCDB is sufficient to provide certainty of position within adequate tolerances (see chapter
7.4.2).
7.6.2
Procedure
In the case of existing transmission lines a survey to determine the position of all the physical
elements of the infrastructure that need to be contained within the easement must be carried out.
For new lines where easement definition is required prior to construction a centreline survey is
necessary.
This survey must provide positions that are compatible with the boundary definition. The aim is to
achieve certainty that the structure falls completely within the easement. This would mean that a
margin of error depending upon the expected relative accuracy is allowed when determining the
clearance between the structure and the boundary.
The easement dimensions are calculated within the spatially upgraded SCDB to completely
enclose the existing infrastructure based upon the surveyed position. Intersections with other land
boundaries are also calculated and shown on the plan. See chapters 7.3.2.4, 7.3.2.5 and 7.3.2.6
for other provisions that apply to transmission line easements.
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8.
Field Notes
Introduction
Chapter 8 details the requirements for field notes to accurately reflect the work
undertaken by surveyors.
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8.1
Standard of Field Notes
The figure size, density and contrast of the field notes must allow legible copies to be made by
digital scanning and monochrome photocopying. Pencil must be erased from beneath inked
figures.
Pencil notes must not be relied on. The surveyor should decide which notes may be of any future
value and should ink those in. The rest should be erased. Pencil notes do not always scan legibly
and this worries searchers enough that they request the original field book thereby defeating the
purpose and convenience of scanning the field book. Pencil on clearly and totally cancelled pages
is acceptable.
Each page of the field notes should bear the real date or dates of the work and should be initialled
by the licensed surveyor and also by the supervised surveyor if relevant. In the latter case the
supervised surveyor's full name should be recorded at least once in the field book.
Each page of the field notes should bear a north point and should be cross referenced to the other
pages.
Colour must not be used to impart information, for example:
•
NOT ‘adjusted values in red’,
•
OR ‘measurements in green added on 1.9'96",
•
OR ‘amended as in red’.
Coloured ink must not be used because:
•
colours may not scan or copy clearly,
•
some colours, especially some reds, have been found to fade badly after many years, and
•
purple ink in field notes is reserved for Landgate auditors.
The use of coloured borders is discouraged. If they are used they:
•
should not extend underneath figures or letters because they might obscure the text on the
scans or copies,
•
should be separated enough from any lines that their image is separate from the image of
the line, and
•
should be pale colours which can be expected not to show on the scan or copy.
Blue highlight pen (e.g.. ‘textliner’, ‘textmarker’ etc.) must never be used in field books.
The use of point numbers can be a useful method of making field notes clear and unambiguous
especially in descriptions of adoptions or comparisons.
Because of the importance of legible copies of the field notes for search purposes, original field
notes that do not meet the requirements may be refused lodgement or be delayed until a
requisition is satisfied.
See chapter 19.3 for information on field book audits and chapter 19.3.3 for checklists. See
Appendix 3 for specific examples of field book presentation.
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8.2
Field Book Index
Field books must have an index or contents page which includes a short descriptive title of each
survey and contains adequate page number referencing (see examples 1, 2, 3 & 4 of Appendix 3).
The land description should match that used on the parent Certificate of Title. Other information to
be recorded for each survey on the index page is as follows:
•
For Freehold Surveys the parent survey plan, WAPC reference number and certificate of title
number
or
•
For Crown Surveys the Landgate and/or RDL file number and job number
and
•
The Survey Index Plan and the survey information (search) used. It may also have a
reference to the suburb or a street name where appropriate
To ensure that all jobs in the field book are recorded on the various Landgate indexes, only one
index page that lists all the surveys in the book is to be used. If this list is long the search and other
details can be shown on other, appropriate pages within the field book.
Each field book for a check survey, amendment survey or additional work should also quote the
subject plan on the index page.
The surveyor's company telephone and facsimile numbers and the postal address should be
included for contact purposes, and any ‘in-house’ referencing (e.g.. job number or field book
reference number) may be recorded. It is recommended that this information is stamped or written
on the inside front cover of the field book. If placed on the index page, care should be taken that if
a stamp is used it does not soak through the page and obscure figures on the back.
In the case of a job in the field book not being the subject of a survey plan it is important that the
wording in the field book clearly indicates the purpose of the survey. The use of the wording
‘repeg’, ‘identification survey’, ‘spike protection’, ‘cadastral connection’ or similar will initiate the
recording of the field book on the Index Plans (see example 1 of Appendix 3. The words
‘subdivision’ or ‘survey of’ will defer indexing until a survey plan is lodged, except surveys for strata
plans which are cross-indexed immediately. See chapter 8.10 for the situation where a field book is
prepared for a subdivision that does not proceed through to plan lodgement.
Surveyors who are lodging a field book for a subdivision well in advance of lodging the plan can
request that the field book be cross-indexed immediately to enable it to be made available to others
in a timely manner.
Details of instruments used (manufacturer, model and serial number) and details of the latest
calibration (calibration date, place, certificate number and the results of the calibration) should be
recorded in the field book on the index page to assist in legal traceability to the standard for length.
8.3
Surveyor's Certificate
It is necessary for the surveyor to ensure that the ‘Surveyor's Certificate’ in the front of the field
book has been correctly signed. Only the non-relevant phrase in paragraph (a) may be struck out.
Deletion of the whole of paragraph (a) is not acceptable and will require the surveyor to rectify the
certificate. Supervised surveyors are to avoid putting their signature and name in the places
reserved for the licensed surveyor.
Only licensed surveyors with a practising certificate current at the time of lodging can lodge field
books with Landgate.
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8.4
Re-Establishment of Alignments
The nature, age, material and condition of old marks that have been found should be described
and it should be stated which ones were adopted.
It is necessary for the surveyor to show all true line dimensions (distances and angles) of the
pickup (calculated from offsets, traverses and radiations). It is also necessary for a comparison to
be shown between these calculated true line (distance and angle) values and the original values
(and possibly other existing values). This will allow a searcher to quickly evaluate each survey.
It is the surveyor's responsibility to demonstrate (preferably in the field notes) the proof of the reestablishment of the alignments. The above information will usually provide that proof, but in some
cases the logic of adoptions may need to be described. If the surveyor wishes to lodge a separate
report it will be filed on the auditor's docket and cross referenced in the field book by Landgate.
It should be remembered that not all field books are fully audited, so any surveyor using your work
as pickup needs to be satisfied as to its reliability from the records you provide in that field book.
Providing that visible proof in your field notes will enhance your reputation.
8.5
Closures
To allow rapid appraisal of the survey it is requested that the surveyor record in the field notes the
misclosure of any figures for which a closure has been calculated (pickup as well as new parcels)
(see chapter 3.13). It is especially important that any miscloses outside the specified limits are
recorded together with an explanation of why the miscloses were accepted. It is useful to record
brief details about the extent of the investigation that led to that decision.
8.6
Bearings in Lieu of Angles in Field Books
It is acknowledged that the use of arbitrary plane bearings is compatible with modern surveying
equipment, computational software, the use of coordinates, and field practices but care must be
taken in the way they are recorded.
The recording of arbitrary plane bearings instead of angles in field books is a means of showing the
positions of lines unambiguously but the traditional method of showing the angles which were
measured records an additional redundancy. In the event of a mistake the extra redundancy helps
to locate it.
The recording of only bearings in field books cannot indicate how many angles were observed or
which angles were observed. The risks in recording only bearings are magnified when some of
these recorded bearings are not calculated from observed angles but are calculated from linear
closures. The situation is even more risky if some of these bearings are calculated from original
work. If either of the above two sources of bearings are used, they should always be clarified by
annotations such as ‘cal’, ‘cal from closure’, ‘adj’, ‘cal from orig’, or similar.
Where bearings are set out the annotations ‘obs’ or ‘set’ could be used for clarity.
It is accepted that on a Special Survey Area subdivision (or a job based on a control network and
with layout made at various times during progress of construction) it is not practicable for the
surveyor to record the layout of new work. In that situation the surveyor's responsibility for the
survey is recognised and the work is accepted unrecorded, and the use of bearings instead of
angles is accepted as a legitimate practice.
The recording of clearly labelled directions from a single station is different from the recording of
only bearings. Recording of directions is acceptable as long as there is no ambiguity in their use.
Directions can be clear while being economical of space.
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8.7
Improvements
Improvements of a permanent nature (ie. buildings and brick walls) within one metre of a surveyed
boundary should always be located and recorded in the field book. They are excellent reference
marks.
Connections to buildings and walls are regarded as monuments and have precedence over
measurements so the recording of such connections will allow the surveyor's intention to prevail in
the future if discrepancies are found.
Connections to fencing with a description of the nature of the fence on rural surveys, is very useful
information for later surveyors.
In all cases the nature of the improvement/s must be clearly described.
In the Perth CBD building fascias are often renovated so it is important to indicate the type of
material connected to and the height of the connection.
8.8
Oversize Pages
The use of fold-out sketch plans glued into the field book is to be avoided. These make
reproductions difficult and information on or near the folds soon become illegible.
8.9
Mark Gone
The term ‘gone’ should not be used unless the mark has conclusively been proven to be gone.
When any doubt remains the term ‘not found’ should be used with a suitable description, or an
alternative (for example, ‘presumed gone’ or ‘did not search’) if a competent search was not made.
8.10
Field books Lodged for Surveys that do not ‘Proceed’
Occasionally surveyors lodge field books for surveys of subdivisions that for some reason do not
proceed and no plan is ever lodged at Landgate. In this situation the field book would never get
cross-indexed onto the Survey Index Plan View within SmartPlan, because subdivisional field
books are linked to plans for automatic cross-indexing when the plan is lodged. If the index page of
the field book indicates a ‘Subdivision’ is proposed, Landgate would expect a plan to follow the field
book to trigger the automatic cross-indexing.
If this situation arises (or has even occurred in the past) surveyors should contact the Survey
Inspection team at Landgate on 9273 7423 and request the field book be cross-indexed onto the
SIP View.
If for some reason a subdivision does not proceed and a field book has been prepared, surveyors
are encouraged to still lodge the book at Landgate but strike through the word ‘Subdivision’ and
add the words ‘Spike Protection’ or ‘Repeg’. This will ensure the field book is cross-indexed as
soon as it is lodged.
Surveyors are also encouraged to request that a field book be cross-indexed if it is lodged a long
time (e.g. several months) before the plan is expected to be lodged. This will ensure that the survey
information is available to others at the earliest possible time.
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9.
General Drafting Practices
Introduction
Chapter 9 covers the general drafting practices applicable to surveying in Western
Australia.
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9.1
Plan Forms
In 2000 the then Department of Land Information (now known as Landgate), in conjunction with
representatives of the Surveying profession, developed a new Deposited Plan format for Crown
and Freehold surveys. The new format provides greater flexibility for surveyors and addressed a
number of concerns that have previously been raised by the surveying profession. The removal of
the sketch from certificates of title and improved parcel identification under the ‘SmartRegister’
(SMR) electronic land titling system increased the role of the survey plan in Western Australia’s
land registration process.
The main features of the plan format are as follows:
•
plans are limited to sizes A3 and A2. The A1 Plan size for Crown surveys was not accepted
after 1 December 2000
•
a Plan includes a reference to its ‘type’ (i.e. Crown or Freehold) and ‘purpose’ (see chapter
10.1)
•
to assist on-line viewing of images of the plans the new forms are in landscape view and
include borders
•
the plan format has two alternative title block positions – either right side or bottom of the
Plan. That is, there are two different forms for A2 size and two for A3 size. The differences
allow for surveys of different shapes
•
there is also a new form for the second or later sheets of multiple sheet plans
•
plans are given version numbers to assist in the tracking of changes
•
the previous limitations on the orientation of Crown Plans are removed. They can now be
rotated on the form in the same manner as Freehold Plans.
Plan form masks are available from My Landgate Survey Channel. e-Plans are to be lodged in
accordance with the e-Plan Guidelines in Appendix 6.
There is no need to include the redundant surveyor certificate/s. A company stamp (which includes
telephone numbers, address and email address) may be placed on the Plan form and preferably be
small and not obscuring detail.
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9.2
Pre-Allocation of Plan and Field book Numbers
Surveyors must obtain from Landgate pre-allocated numbers for Deposited Plans, Strata and
Survey-Strata Plans and field books. Pre-allocation enables surveyors to lodge later in the
Freehold Land development process when their Plans are more stable and less likely to require
amendments. It also provides developers (and their agents) with more control and flexibility in early
preparation of sales brochures, Contracts of Sale and conveyancing documents. Crown Plan
projects such as Main Roads or pipeline easements also benefit because the abutting plans can be
annotated at the time of drafting.
To avoid or minimise enquiries being made at Landgate about unlodged Plans and/or field books
using pre-allocated numbers surveyors should stamp, or otherwise indicate on any copy of a Plan
provided to a client or conveyancer that the copy is an ‘unlodged version’.
Plan numbers and/or field book numbers will be pre-allocated to survey firms or practising licensed
surveyors in batches of 10, 20 or 50 by applying to the Lead Consultant Plan Lodgement at
Landgate via e-mail at plan.reg@landgate.wa.gov.au. The subject heading of each e-mail should
be ‘Pre-allocated Numbers Request’. Landgate response is a reply email advising the numbers that
have been pre-allocated. Note also that this contact point should be used to obtain pre-allocated
Deposited Plan numbers for ‘Interest Only’ Plans.
Note that Crown Plans are lodged in the first instance with Survey Coordination, State Land
Services, RDL.
Surveyors must avoid using duplicated numbers for any plans or field books that they lodge.
Surveyors should avoid applying for numbers they are unlikely to use within 6 months of the
number being pre-allocated.
Surveyors must ensure that the names of Strata Schemes are unique when preparing Strata and
Survey-Strata Plans.
The surveyor must record the number used for any Plan or field book in the appropriate location/s
within the survey document and also on the ‘Survey Lodgement Self Assessment’ form. Where an
eFB is lodged in accordance with the Special Survey Area Guidelines it must contain a reference to
the Deposited Plan number in record 1 of the CSD file. See Chapter 17 and Appendix 5.
9.3
Digital Plans
The strategic direction of Landgate is to receive all its title and survey data in digital form to enable
accurate, faster and efficient processing of that data which in turn will deliver a better service to its
customers.
Consistent with that strategic direction surveyors are advised that lodgement of hard copy
Deposited Plans and Strata/ Survey- Strata Plans will no longer be available as an option from
Monday 1 February 2010
9.4
Lots on a Plan Sheet
Surveyors should avoid overcrowding the graphic area of a Plan with too many lots and
enlargements. Multiple sheets should be used if the graphic area becomes overcrowded (see
chapter 9.5 below).
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9.5
Multiple Sheet Plans
Regulation 10 of the Transfer of Land (Surveys) Regulations 1995 limits the number of sheets in a
deposited plan to 4 unless the Inspector of Plans and Surveys or an Authorised Land Officer
approves a greater number of sheets. The Inspector of Plans and Surveys has approved Deposited
Plans with a purpose of ‘Subdivision’ to be comprised of an unlimited number of sheets. The
principal criteria to use when preparing such Plans is the clarity and accuracy of the information
depicted. Plans for subdivisions within Special Survey Areas require additional sheets to be added
to Plans after lodgement.
After a successful pilot, the Electronic Transfer of Deposited Plans (etDP) Process between
Landgate and Western Australian Planning Commission (WAPC) was implemented on 26 July
2010.
As a consequence, WAPC now only endorses the first sheet of a Deposited Plan.
Landgate requests that the “Approved by Western Australia Planning Commission” panels for
sheet 2 onwards of a multi-sheet Deposited Plan be struck out or removed for the DP template.
The amendments to the Transfer of Land Act 1893 in 1996 made provision for the creation of
Automatic Easements and the notation of Restrictive Covenants on subdivisional Plans. The
information about the easement or restrictive covenant can be either on the Plan or in the
instrument lodged in relation to the Plan.
In addition, the implementation of the LAA in March 1998 required inset sketches of road closures,
private road or right of way closures for amalgamation and Crown Land for amalgamation to be
shown on subdivisional Plans.
This new legislation, together with the introduction of SmartRegister and Special Survey Areas has
made some subdivisional Plans more detailed and complex. The use of multiple sheets for this
additional information is recommended for clarity. There are no additional Landgate fees if extra
sheets are used. They are treated as a single Plan. This will benefit the public and surveyors when
searching, as well as provide clear, legible copies from Landgate’s imaging system.
The preferred practice for depicting surveys on Plans involving more than two sheets is for Sheet 1
to be an index to subsequent sheets. Where a subdivision creates a substantial ‘balance lot’ then
that lot, with its dimensions, should be shown on the first sheet.
Sheets must be individually numbered and cross-referenced to the other sheets for that Plan.
Special instructions may apply to large individual projects (e.g.. MRWA road casement surveys,
gas pipeline projects and power line easements).
The Department for Planning and Infrastructure require the WAPC reference number to be shown
on each sheet of a multiple sheet Plan.
Where a schedule of interests and notifications is shown on the Plan (see chapter 14.1), the
schedule must point to the relevant sheet for each interest or notification.
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9.6
Scale should be Suitable to Show Detail
An appropriate metric representative fraction should be chosen and should be sufficiently large,
such that when Plans are reduced to A4 size, all detail is clear and legible.
The preferred scales are:
1:750
1:1500 1:3000 1:6000
1:1000
1:2000 1:4000 1:8000
1:1250
1:2500 1:5000 1:10000
or multiples or divisions of 10 thereof.
It is preferred that enlargements are drawn at a larger scale but where this is not practicable the
enlargement must be clearly annotated as being ‘NOT TO SCALE’.
9.7
Graphical (Bar) Scale
Because Plans are photo-reduced for search purposes a graphical (bar) scale suitable for
measuring distances on the Plan shall be shown on each Plan. It is best practice to show the Bar
Scale close to and under the Representative Fraction.
9.8
Orientation
The orientation of the Plan is to be indicated by a north point arrow which should be at least
100mm long. It is preferable although not necessary that the north point is parallel to the side edge
of the Plan form. The north point should never point generally downwards. The orientation may be
rotated in order to incorporate a best scale, however the free text annotations must be inserted
parallel to the bottom of the Plan regardless of the direction of the north point. All sheets of the plan
should be on the same orientation.
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9.9
Line Styles
Table 9.1: The Line Styles listed below should be used
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9.10
Text Styles
The text sizes and styles listed are those recommended to ensure readability of plans when photoreduced, reproduced or faxed.
Table 9.2: Text Sizes and Styles
Text
Height
Thickness
(mm)
Styles
Lot Numbers, the subject of the plan
(includes Crown parcels)
3.5 or 5
0.35 or 0.5
Italics
Road Names (Subject and Abuttal)
3.5 or 5
0.35 or 0.5
Upper Case & Upright
Road Widening
2.5
0.25
Upper Case & Upright
Subdivided Crown Parcel
3.5 or 5
0.35 or 0.5
Broken Italics
Reserves & UCL Notations
3.5
0.35
Upright
Current Mining Tenement Numbers
3.5
0.35
Upright (dotted)
Pastoral Lease Names
2.5
0.35
Upright (broken)
Pastoral Lease Numbers
3.5
0.35
Upright
State Forest (S.F. No)
3.5
0.35
Upright
Townsites
3.5
0.35
Upright
Water Feature
3.5
0.35
Italics
Water Features (x2)
2.5 & 3.5
0.25 & 0.35
Italics
Abutting Lot Numbers
3.5
0.35
Italics
C/T Numbers
2.5
0.25
Italics
Abutting plan
2.5
0.25
Upright
Areas & areas ex lots
2.5
0.25
Italics
General Text & Legal Notations
2.5
0.25
Upright Uppercase
‘Traverse Only’ notation
2.5
0.25
Italics
Numbers (parent to the plan)
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Text
Height
Thickness
(mm)
Styles
Boundary Distances
2.5
0.25
Italics
Angles
2.5
0.25
Upright
Easement / Interest Angles and
Distances
1.8
0.18
Upright
Plan Type
3.5
0.35
Upright
Plan Purpose
3.5
0.35
Upright
Heading
5.0
0.5
Upright
Former Tenure (Table)
2.5
0.25
Upright
Plan Number
10.0 or 14.0
1.0
Upright
Field book Number
2.5 or 3.5
0.25 or 0.35
Upright
District, scale, file etc.
3.5
0.35
The font used for these texts is to be of a type such that the first priority is optimum legibility of a
reduced size copy. It should be an open style without serifs and with clear distinction between
similar shaped figures and with a readily visible decimal point. The preferred font style is ISO 3098
or similar. Black text and line work only is to be used on Plans.
9.11
Symbols
All posts, pegs and intermediate spikes (or their replacements) should be shown on the Plan as
circles (preferably 1.5 mm diameter). Any variation from standard centred mark, as per general
regulation 36, should be described in an annotation.
All old posts, pegs or intermediate spikes of Crown Surveys are to be shown on the plan as OM If
adjusted then OM adj. If renewed then OMR. If gone then OMG. If gone and replaced then OMGR.
All old posts, pegs or intermediate spikes of Freehold Subdivisional Surveys are to be shown on
the Plan as MF. If adjusted then MF adj. If renewed then MFR. If gone then MG. If gone and
replaced then MGR.
Where marks are gone and it is not possible to place a mark at the original position (new mark is
offset from the original position), then the mark is shown as MG or DMG- not MGR or DMGR.
The survey type when a mark is originally placed determines the annotation from then on. Marks
placed at corners created by Crown surveys will always be either OM, OMR, OMG or OMGR
regardless of whether they are replaced by a freehold survey. Similarly corners marked during a
freehold survey will always be MF etc.
In rural surveys mile-posts and kilometre posts should be shown as a double circle and the notation
1 MP, 1 KMP or if found or replaced 1 MPF, 1 KMPF, 1 MPR, 1 KMPR (see plan example 29).
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9.12
Old Lines to Complete Surround
Where existing angles and distances are used to complete the surround of a survey dimensions
from the latest existing registered surveys should be used.
In some instances field book information can be used where it is clearly proven and differs
considerably from original registered surveys. A reference needs to be made in the new field book
to the original field book/s adopted for the surround dimensions.
Where angles and complete distances are shown, these shall be labelled ‘orig’ and no existing
intermediate distances and marks shall be shown. It is not necessary to include the ‘orig’ labelling
on deposited plans for Special Survey Area subdivisions provided the survey/s have been carried
out by the same survey firm. The surround field book number/s must be shown in the field book
box on the Plan. If the surround or part of the surround of a Special Survey Area subdivision is
measured by a different survey firm, the ‘orig’ labelling must be used.
Where a line is composed of both existing and new work, the existing portion is labelled orig and is
shown without intermediate distances and marks. The total distance should be labelled ‘per orig’
(as should any angles and distances calculated from a combination of existing and new
measurements).
Circles (indicating survey pegs or posts) should not be shown at original lot corners unless marks
were found at those corners. Corners not marked should be shown without a circle.
Connections Between Severances
Where practical, connections between severances should be shown on Deposited Plans. Ideally
severances should have separate lot numbers but this may not always be possible as planning
approval would usually be required or there may be taxes or charges involved. The position of
parcel severances is defined by the abuttals. Any connections between severances shown on a
Plan are subsidiary to the abuttals.
CSD files need to supply ‘relativity’ between any severances captured unless real world
coordinates are provided. This could be achieved by a traverse through cadastral alignments or a
single calculated tie.
9.13
Measurement Content
The total length of each individual lot boundary line must be shown on the plan. Distances to and
between intermediate marks must be shown. Rounding off of intermediate distances should be
such that these add up to the total distance, which is the total measured distance.
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9.14
Measurement Presentation
•
Distances should be shown in metres to the nearest 0.01 metre. Distances on SSA Plans
only may be shown to the nearest millimetre.
•
For distances less than one metre the decimal point should be preceded by a ‘0’ (e.g. 0.75
not .75).
•
‘0’ need not be shown as the last character of a length; to the right of the decimal point
(e.g.15.10 is expressed as 15.1).
•
Angles should be shown to the nearest second.
•
Nil seconds or nil minutes and seconds need not be shown (e.g.170º0’0” is expressed as
170º and 170º11’0” is expressed as 170º11’).
See chapter 9.20 for the presentation of areas.
9.15
Balance Lots
Regulation 5(1) to (3) of the Transfer of Land (Surveys) Regulations 1995 requires surveyors to
include in plans of subdivision, acquisition and amalgamation (this includes amalgamations of
Crown land with freehold land) any residue land as a separate lot or lots. See plan examples 2, 11
and 53.
Where a road has an existing lot number and a portion is to be closed, a balance lot must be
created showing any existing interests carried forward. The heading to include:
‘and Dedicated Roads (Lot 300)’.
See plan example 85.
Sub-regulation (5) states that if the boundaries of the residue are extensive the Registrar of Titles,
Inspector of Plans and Surveys or an Authorised Land Officer (ALO) may allow the part of the Plan
showing the residue to be compiled and the distances, angles or bearings (where applicable) for
the boundaries, easements or covenants to be omitted. At this stage, this option has been limited
to ‘sketch Plans’ under the LAA.
Sub-regulation (6) states that the Registrar of Titles or an ALO may direct that sub-regulations (1)
to (5) do not apply to a particular Plan (or specific types of Plan) of Crown Land. Such situations
will most likely occur where UCL, Pastoral leases, State Forests and large reserves are involved.
Where surveyors encounter this situation in circumstances other than those where the survey
instructions are issued from Survey Coordination, RDL, a formal application for an exemption under
regulation 5(6) is necessary ( see plan example 100). The Registrar of Titles or an ALO will need to
approve the application before the exemption can be used.
To meet the requirements of this regulation it may be necessary to use several sheets for a single
plan (see chapter 9.5).
To avoid planning and valuation problems surveyors must now identify any balance lots that are
not to receive servicing facilities, by using a lot number in the 9000 number range. Any ‘super lots’
that are the subject of future stages in the subdivision must be identified using the 9500 number
range.
Where a large balance lot has many abutting lots and roads such that it is difficult to show all the
abutting lot numbers and road names at a suitable scale, the abuttals may be depicted by line-work
and references to the relevant plan numbers only.
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9.16
Multiple Owner Subdivision
The repealing of regulation 44 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations
1961 has allowed for Plans to show land in multiple ownership without the need for conveyancing
action to bring the land into single ownership.
Plans involving multiple owners will require all the relevant transfer documents and consents
pertaining to encumbrances to be lodged before the Plan is approved. New Titles will be issued in
accordance with a single application (signed by all the affected owners).
SmartRegister amendments to the Transfer of Land Act 1893 allow for disposition statements to
enable clarity in the allocation of encumbrances in land transfers.
A new Plan feature for subdivisions of land involving multiple owners or titles is the inclusion of a
‘former tenure table’ which clearly indicates the previous tenure of each lot (see chapter 10.7). The
schedule assists in the preparation of the conveyancing documentation and new folio creation.
9.17
Freehold: Land Acquisitions
Where an acquiring authority has reached agreement with the affected registered proprietors the
process can be treated in a similar manner to a normal subdivision. The Plan would show the
complete details of the residue parcels which would be given a new parcel identifier. The
application for Titles, including the Titles of the residue lots, would need to contain the signatures of
all the registered proprietors of the subject land. The acquired lot/s then transfer to the acquiring
authority or the ‘State of Western Australia’. If the acquired land is to be a road, another option
would be road dedication.
It may be possible to allocate only one lot number to the whole of the acquired land, in which case
the taking orders would refer to the relevant portions of the lot.
No partial approvals are permitted with acquisition Plans affecting Freehold Land– the application
for titles would need to include all lots shown on the Plan.
Where an acquiring authority is unable to reach agreement with the registered proprietors there
would be a need for the registration of a ‘Notice of Intention to Take’ against the affected Title. The
registration of a ‘Taking Order’ will cause the issue of Titles to the acquiring authority for the
acquired land. The ‘Taking Order’ will also trigger the ‘automatic’ creation of any balance Titles but
no duplicate Titles for the balance lots will issue until applied for by the registered proprietors – no
fees apply. No sundry documents are required.
It is not possible to show sole subject road dedications on Survey Plans where a residue (i.e. part
lot) is created. Such dedications will need to be carried out in the same manner as a normal
subdivision with the residue land being allocated a unique parcel identifier. section 168(5) P & D
Act can be used for sole subject road dedications where the subject is a whole lot or all of an
existing part lot. See plan examples 5, 11, 85, 95 and 102. Also see chapter 11.1.
9.18
Crown Land Acquisitions
A Crown Plan type must be used where Crown Land is involved and it is intended that the land
acquisition lead to road dedication or Crown easement creation. In this case there is a requirement
for a Crown Land Title to be prepared for registration of the ‘Notice of Intention to Take’ and the
‘Taking Order’. Where Native Title rights exist, staged plan approval may be required. See plan
examples 54, 61, 70, 71, 100 and 104.
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9.19
Rural Road Dedications and the Non-Extinguishment
of Native Title
Section K of the Native Title Act 1993 (NTA) deals with the provision of facilities to the public and
allows for the non-extinguishment of Native Title.
Landgate, in accordance with a Government Task Force’s recommendations, uses Section K of the
NTA and the non-extinguishment principle for rural road dedications. This means that during the
currency of a rural road dedication Native Title exists but is suppressed whilst the road is, and
remains dedicated, and the public has the right to use the road. Authorities have the ability to
maintain the road. Once the road or portion of it, is closed it reverts to Unallocated Crown land,
Native Title re-asserts itself and takes precedence.
Plan examples 104 and 105 indicate how the non-extinguishment principle is to be depicted on
deposited plans, within the Interests and Notifications schedule. Where a specific Native Title
holder exists they should be shown in the ‘Benefit To’ column.
9.20
Adverse Possession Claims
The plans for Possessory Title applications (see chapter 15) need to be prepared in the same
manner as multiple owner subdivisions with all portions of land uniquely identified on one Plan. As
the landowner adversely affected by a successful claim is unlikely to sign any documentation,
balance Title/s automatically issue on registration of a sundry document or on direction from the
Commissioner of Titles.
Where a successful claim adversely affects a Strata/Survey-Strata Scheme the procedures are
more complex. A Plan of re-subdivision for the Strata/Survey-Strata Scheme, paid for by the
claimant, will be required (i.e. the same as if a resumption had occurred).
9.21
Isolated Crown Surveys
The Registrar of Titles or an Authorised Land Officer may authorise for an isolated Crown parcel to
be shown on a Plan without the residue land being shown on the plan (See chapter 9.15).
Plans of isolated parcels that are not connected to the State Geodetic Network must show bearings
and an azimuth source. (See chapter 9.26 also).
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9.22
Residue Land Solutions
There are some situations where the depiction and/or definition of residue land in a subdivision
results in difficulties for surveyors. The following should assist surveyors in dealing with most of the
difficult situations that are likely to occur.
9.22.1
Multiple Lot Titles
The SmartRegister digital titling system can process multiple lot Titles (i.e. multiple land parcels
held in a single Title) at this time. Surveyors and landowners/developers should note that the
following options are currently available when undertaking subdivisions or acquisitions of land held
in multiple lot titles:
9.22.2
•
in the case of a subdivision the landowner/developer proposing may elect to have the
residue land shown on the plan as a new single balance lot. This option is not currently
available for a proposed acquisition for public purposes
•
alternatively the landowner/developer proposing to subdivide a multiple lot Title may opt to
apply for separate Titles or a single balance title for the residue land
•
A Plan may be lodged where the former tenure includes a whole individual lot (or lots) within
a multi-lot Title (i.e. does not cover all lots contained in the Title). Any remaining original lots
will continue to exist on a multi lot title
•
for acquisitions/takings under the LAA this may be achieved by a sundry document. The
former tenure table on the Deposited Plan must clearly show that only a ‘part’ of the multi-lot
Title is included in the Plan. A further sundry document may be required following
registration of the taking to create a balance of the multi-lot Title
•
in some situations involving acquisitions/takings under the LAA, it may be more practical for
Landgate to partially cancel the multi lot Title. In these situations Regulation 5(6) of the
Transfer of Land (Surveys) Regulations 1995 will apply and no residue land is to be depicted
on the acquisition Plan. See plan example 85.
Possessory Applications Claiming Part of a Multiple Lot Title
Where a possessory application is lodged claiming part of the land contained in a multiple lot Title,
the resultant Deposited Plan must show the residue of any affected lots as new lots. Lots not
affected by the claim should not be depicted on the Deposited Plan.
The former tenure table on the Deposited Plan must clearly show that only a ‘part’ of the multi-lot
Title is included in the Plan. Landgate will register a sundry document following registration of the
possessory application to include the unaffected lots and the new balance lots from the old multi-lot
Title in a new multi-lot Title.
9.22.3
Roads and Road Widenings from Extensive Freehold Parcels
Where a road or road widening is proposed to be acquired from an extensive Freehold parcel such
as a golf course an application in writing may be made to the Registrar of Titles to utilise regulation
5(6) of the Transfer of Land (Surveys) Regulations 1995 and if the application is approved, no
residue land needs to be depicted on the Acquisition Plan. (See plan example 85)
The Plan is to be annotated ‘Lot ____ to be acquired under Part 9 of the LAA is Crown land for the
purposes of Transfer of Land (Surveys) Reg 5(6)’.
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9.22.4
Excisions from Corridors
Where a new development requires an excision from a road, railway, drain or similar infrastructure
corridor for which no Title exists, it is not necessary to show the residue of land in the corridor on
the new Deposited Plan depicting that development.
If an excision occurs from an extensive road, railway, private Right of Way, drain or similar corridor,
that is held in a paper Certificate of Title early contact with the Inspector of Plans and Surveys at
Landgate must be made to allow an assessment on whether a balance lot for the residue land is
required.
Some of the options available in such situations include:
9.23
•
Landgate resolving the situation by amending the original Plan by allocating a ‘lot on plan’
identifier to a manageable portion of the corridor (usually a portion within a street section).
•
Landgate preparing a new graphic to allow digital Titles to capture the corridor or part of the
corridor, in manageable portions.
•
in some cases it may be more practical for Landgate to maintain the paper Title and the
relevant graphic. In these situations regulation 5(5) of the Transfer of Land (Surveys)
Regulations 1995 will apply and the new Deposited Plan is to contain an annotation stating
that the residue land in the Title for the corridor is not fully depicted on the Plan.
Road Widths
Road widths within the Plan must be shown. See chapter 13.13.
For Crown Grant roads see chapter 13.14.
9.24
Road Names
Any road created on a Plan requires a name approved by Landgate on behalf of the Minister for
Lands. This approved name should be shown on the Plan and in relevant field book/s. For any
further information as to this procedure, refer to the Geographic Names Committee’s ‘Principles,
Guidelines and Procedures’ document available from Landgate. New road names require the
support of the relevant local government, and it is essential that the names are proposed early in
the land development process and conform to the guidelines to avoid delays in the approval
process. The extent of road names for both newly created roads and existing roads must be easily
recognised on the face of the Plan. See plan example 53.
As of 1 September 2012, all lodging parties are required to include all relevant road approval
documents at the time of lodgement of the Plan, where the Plan contains a new Road or Road
Extension.
Names of existing roads should be obtained from the Smart Plan Spatial viewer. If there is conflict
or uncertainty regarding road names, contact the Secretary, Geographic Names Committee.
Where a previously dedicated road is being defined by survey, the heading of the Plan is to
include:
“& DEDICATED ROAD”
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9.25
Connections across Roads
Connections across roads, consisting of an angle from an alignment and the distance across the
road, must be recorded on the plan at each angle point; at a suitable scale, using enlargements
and additional sheets as necessary for clarity.
It is acceptable to omit the half angles in the case of parallel road alignments. Connections
between the angle points of a series of shorter boundaries that comprise the sides of a parallel
road in a town or suburban subdivision may be omitted such that there is no more than 50 metres
between connections, and providing that there is a connection across the road at the end of each
straight section longer than 50 metres.
These distances may be extended to 100 metres for rural and rural-residential subdivisions.
9.26
Truncations and Road Widenings
Regular and irregular truncations (i.e. unequal set back distances) on a Plan of subdivision must be
labelled ‘ROAD WIDENING’. If the road widening does not automatically dedicate, a parcel
identifier (i.e. Lot Number) must be added.
Land for the purpose of adding to a public street or road is to be labelled ‘ROAD WIDENING’. See
plan example 56.
9.27
Areas
For areas less than 10,000 square metres area is shown to the nearest square metre (e.g. 9446
m²).
For areas of 10,000 square metres or greater, area is shown in hectares to four decimal places
(e.g. 9.2713 ha).
‘0’ need not be shown as the last character of an area to the right of the decimal point (e.g. 6.4500
ha to be shown as 6.45 ha).
Areas are to be shown for each distinct parcel of land shown on the Plan with the exception of
roads that automatically dedicate under section 168(1), (2) of the P & D Act and areas are to be
shown for all road widenings that automatically dedicate under section 168(3) of the P & D Act and
section 28(1) of the LAA.
9.28
Subject Land Total Distance
A distance must be shown along each external boundary of the subject land in order to define the
extent of the subject land. This distance may be in addition to any total land parcel distances. If the
subject land total distance is the sum of two or more land parcels then the distance is put in
brackets.
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9.29
Abuttals
All lots abutting the land the subject of the Plan must be identified by their lot on Plan numbers.
Where a large balance lot has many abutting lots and roads such that it is difficult to show all the
abutting lot numbers and road names at a suitable scale, the abuttals may be depicted by line-work
and references to the relevant Plan numbers only.
A Plan must show as abuttals the number of any abutting lot for which certificates of title have
issued at the time of lodgement of that Plan. Lots on Plans that have been lodged but not yet
approved (shown on “lodged layer” of SCDB) must not be shown as abuttals unless sound
knowledge is demonstrated by the surveyor that lodgement of dealings for those lodged Plans is
imminent.
Freehold Plan numbers are to be prefixed by either ‘P’ or ‘DP’ as appropriate. Freehold diagrams
lodged prior to 1 July 2000 are to be numbered with a prefix ‘D’ and Strata/Survey Strata Plans as
‘SP’. Crown plan and diagram numbers are to be shown as their DP number only.
Where the duplicates (“mini-plans”) of subdivisional Plans were drafted as multiple sheets for
convenience, Plan sheet numbers need not be shown. If the original Plan is a multi-sheet
‘Deposited Plan’ using the new Plan format, the sheet number should not be included because any
or all of the sheets may contain relevant information.
The numbers of all adjoining Crown reserves should be shown.

Note
For abutting private rights of way and private roads see chapter 14.6.
If an abutting road is necessary for access into the subject Plan, then the name of that abutting
road should be shown on the subject Plan, and the subject Plan will be made In Order for Dealings
subject to the approval of that abutting Plan if it is not already approved.
In many country townsites, for example Kalgoorlie, there are many public undesignated
accessways created on Crown survey plans. These are shown with the Plan number and
designated ‘Public ROW’ in brackets.
When a lot abuts a public or private road, ROW, PAW (even 0.1metre wide), drain reserve or
waterway the extent and location of that abuttal is of consequence to the proprietor. The
information is usually provided incidentally by the dimensions of the subject lot and the placement
of the name or description of the abuttal.
In those infrequent cases where an abutting public or private road, ROW, PAW, drain reserve or
waterway is not located exactly by other dimensions sufficient extra external surround dimensions
should be added to the Plan to indicate the position and extent of that abuttal.
Where main roads or highways are abuttals the notation ‘Proclaimed Highway’ or ‘Main Road
under the Main Roads Act’ is to be shown with the Plan number and a lot identifier if there is one. If
the highway has a name it should be shown also. Typical examples of these highways are Tonkin,
Roe, Reid and the Bunbury-Busselton Bypass. Some of these roads are not dedicated and remain
under the TLA and owned by the Crown or the Commissioner of Main Roads.
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Section 14 of the Main Roads Act 1930 proclaims these roads as highways, open to the public.
Under section 28A 1(b), on the recommendation of the Commissioner, the Governor may by
proclamation declare:
•
that such a section or part of a road is subject to control of access, and
•
the places only at which it may be entered or departed from.
To verify if the above proclamations have been effected, contact the Land Tenure Manager
(MRWA) on telephone 9323 4168.
Abutting railway reserves (Crown or Freehold) are shown with the Plan number and labelled
‘RAILWAY’.
Abutting drain reserves (Crown or Freehold) are shown with the Plan number and labelled ‘DRAIN’.
Where an abuttal is the subject of a Strata Scheme; the Strata or Survey-Strata Plan number
should be placed (in brackets and prefixed) under the DP number under the parent lot number for
the abuttal.
9.29.1
Depiction of Part Lots as Abuttals
To allow most of the existing lots described as part lots (as a result of road excisions etc.) to be
captured as digital Titles in SmartRegister it was necessary for them to be captured as whole lot
Titles endorsed with an exclusion notation (e.g.. excludes road shown on CP1234). These same
lots were also converted en masse in the spatial database to be shown as whole lots.
New Deposited Plans should show these lots (i.e. former part lots that have been captured in
SmartRegister as whole lots), as whole lots, where they exist as abuttals.
9.29.2
Dual Numbering of Crown Plans and Diagrams
To enable Freehold Titles that exist over lots/locations depicted on the various types of Crown
Plans and diagrams to be captured in SmartRegister it has been necessary for Landgate to
allocate them a Deposited Plan (DP) number. The table in chapter 2.5 indicates the number ranges
allocated to each Plan or diagram type.
If any abuttals involve land on a dual numbered plan then only the DP number needs to be shown.
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9.30
Enlargements and Displaced Detail
In order to maintain clarity or overcome a lack of space, enlargements or arrowing in detail may be
used. The arrowed in, displaced detail should be parallel to the line in the case of a linear measure
and on the half angle in the case of an angular measure. Enlargements need not be drawn to
scale.
Ambiguous labelling of enlargements is to be avoided. If other components in a plan (e.g..
easements, cross-sections or access restrictions) require labelling, different letters of the alphabet
should be used.
In remote areas it is often required to depict a small parcel at the end of a long traverse. It is
necessary to depict the entire survey at scale (parcel and traverse) with suitable enlargements for
the small parcel.
Insets are usually required for:
9.31
•
Lands for Revestment
•
Crown Land Amalgamations
•
Closed Roads within the subject
•
Easements over Crown Land for inclusion.
Water Features
Where lines of coasts, rivers, lakes, swamps or watercourses form part of the boundary to a lot
these should be shown by full black lines and suitably named where appropriate. See plan example
9, 57 and 59.
Both sides of non-tidal watercourses should be shown where reasonable and an arrow denoting
the direction of flow of the stream.
Showing a water boundary as an abuttal requires the annotation HWM or if high water mark is not
the boundary then this must be stated (e.g. ‘Boundary is low water mark’ or ‘not a riparian
boundary’). If any ambiguity exists or boundaries are determined from aerial photography then an
annotation should be used (e.g. in the case of a retaining wall, ‘High Water Mark’ or in the case of
aerial photography ‘HWM drawn from 1979 aerial photography’).
If inconsistencies in the boundary definition are found, the situation should be resolved with
Inspecting Surveyors before lodgement.
When tidal boundaries are located on the ground by setting out a contour at a height above AHD
calculated to be at the definition of HWM; that boundaries on the plan should carry the annotation‘High Water Mark (at.......m above AHD)’, quoting the actual height adopted above the Australian
Height Datum.
Refer Chapter 5 for information on surveys of water boundaries.
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9.32
Colouring
The colouring required on both Crown and Freehold Plans is as follows:
•
A green border is to be shown along the boundaries of the subject land.
•
New section 167 of the P & D Act easements in favour of a local government are
uncoloured.
•
New section 167 of the P & D Act easements in favour of the Water Corporation are
uncoloured.
•
New section 167 of the P & D Act easements in favour of the holder of a gas distribution
license (such as Alinta Gas) or Electricity Generation Corporation, Electricity Networks
Corporation, Electricity Retail Corporation, Regional Power Corporation are uncoloured.
New roads within the subject land, pedestrian accesses, both private and public ROWs, abutting
vested PAWs and ROWs, abutting private ROWs, abutting public road and public ROWs (those
created on a Crown survey Plan/diagram), abutting Crown reserves, abutting railway reserves,
abutting drain reserves, water features and abutting State forests are all to be left uncoloured. Full
descriptions of private road abuttals is required in lieu of colouring (see chapter 9.22).
9.33
Fixation of Surveys
The Plan of an isolated survey must show a connection or tie to an existing cadastral boundary so
that the survey can be located in relation to the existing cadastre. In order to help locate surveys it
may be useful on survey Plans to show connections to nearby road intersections or other
distinctive survey features.
9.34
Lot Number Duplication
See Chapter 21.10.
9.35
SSM Depiction
On rural Crown surveys all SSMs (including Trig stations) connected to, must be shown on the
Plan.
For GPS surveys the calculated mid-azimuth derived from the GPS observation shall be shown to
seconds.
Due to the dynamic nature of coordinate information MGA coordinates of SSMs are not to be
shown. The only information to be shown is the SSM name. See plan example 64.
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9.36
Azimuths and Grid Bearings
Azimuths or Grid Bearings need only be shown on Plans when specific guidelines for a type of
survey require that they be shown (e.g.. Isolated Crown Surveys, Road Casement Surveys).
The source of any adopted azimuth or bearing shown on Plans is to be included in the graphic area
of the Plan form. Examples of possible sources include:
9.37
•
an existing Plan or diagram,
•
an observation for azimuth (astronomic or GPS),
•
geodetic connection, and
•
the SCDB (include date of download/enquiry).
Administrative Boundaries on Crown Plans
The following administrative boundaries are to be shown on Crown survey Plans:
9.37.1
Townsite Boundaries
Townsites were created by both the former Land Act 1933 (LA) and by the Local Government Act
1960 (LGA). Upon proclamation of the LGA in 1995 all LGA townsites became LA townsites
RDL is proceeding to rationalise all the former LGA townsites (i.e. cancel, amalgamate or create).
The State Land Services will instruct in each situation.
9.37.2
State Forest Boundaries
When creating:

•
Lot ex State Forest - boundary to be shown around the subject ceasing at road (indicating
that State Forest also exists on the other side of road).
•
Roads (sole subject) through State Forest - no boundary to be shown.
•
Roads (sole subject) with one State Forest boundary - boundary to be shown.
Note
The depiction of State Forest boundary must indicate one side of the boundary is State Forest.
9.37.3

Other Administrative Boundaries
•
Agricultural Area, Suburban Area and Estate Area boundaries may be shown.
•
Port Authority Boundary must be shown.
•
Local Government boundaries (only for Road Casement Surveys by Limited Marking –
regulation 26A as issued by Main Roads WA).
Note
Refer chapter 9.9 for line styles.
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9.38
Permanent Improvements as Boundaries
When permanent improvements are intended to form a boundary (e.g. building or fence line) then
graphic depiction of that improvement is required along with detail of corner definition.
9.39
Encroachments, Building Connections
If part of a building, wall or other significant improvement is built such that it crosses over the
boundary between the subject land and an abutting lot, the encroachment must be recorded on the
plan. Connections to buildings, walls and other types of significant improvements that are close to,
but do not cross over, the boundary of the subject land may be recorded on the plan at the
surveyor’s discretion.
9.40
Parcel Identifier within Subject
Wherever possible the Parcel Identifier is to be shown within the subject and orientated parallel to
the base of the Plan.
If the subject land includes a reserve, there is no need to show the reserve number as the reserve
may be cancelled during the dealing of the Plan.
9.41
Pastoral Leases
A broken station name is to be shown e.g. ‘IDA VALLEY STATION’ along with any current lot
number/s.
On Spatial Viewer a broken PI number signifies that the lease extends over more than one Land
District. PI numbers for pastoral leases are not to be shown broken on a Crown Plan.
Any surrenders/excisions from leases require the Plan to be presented to the leaseholder.
Therefore connections must be shown to the nearest pastoral lease boundary in order to locate the
area of the surrender/excision. See chapter 9.25 also.
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9.42
Unmarked Defined Boundaries
Boundaries which have been spatially determined but which have not been fully marked by a
survey will be symbolised by an unbroken line. The annotation ‘Reg 26A’ or ‘Reg. 21(1)’ (as
appropriate) shall be shown within the ‘Approved’ panel.
Examples of these are:
•
surveys using GPS methods, providing monuments and / or DRMS have been placed at
each corner
•
road surveys through State Forest and timber reserves, where the boundaries have only
been partially marked
•
road surveys where one boundary has been marked by traditional methods with the opposite
side being calculated
•
boundaries with distances between intermediate marks exceeding 250 metres
•
limited marking road casement surveys. See plan example 70 and 71.
In all of these cases the boundary dimensions are accurately determined by survey and can be
accurately fixed on the ground in the future.
Boundaries that have no mathematical or spatial integrity and have not been surveyed can be
shown on certain Crown Plans usually where the land is not to be alienated by a broken line.
Additionally, unmarked boundaries of very large parcels that are defined by geographical
coordinates and long connections from existing geodetic survey marks should be shown with
broken lines to indicate that a survey specifically for defining those boundaries has not been carried
out.
See chapter 9.47 for the depiction of ‘Sketch on Transfer’ boundaries and boundaries created from
subdivisions by description.
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9.43
Compiled Plans
Compiled Plans may be used in some situations where the boundaries of the subject land have
previously been defined by approved Plans, cancelled surveys and superseded surveys or Plans
certified correct but not yet dealt on. Surveyors are reminded of the strict procedural guidelines
associated with the usage of Operational Directives such as Executive Minutes 10/92, 17/90 and
Survey Registration Minute 1/98, when creating Complied Plans.
Survey Coordination of RDL issue survey drafting instructions to utilise these Operational
Directives, however, any enquires regarding these guidelines are to be referred to the Inspector of
Plans and Surveys. See Appendix 2- Operational Directives and plan examples 58, 66 and 67.
Angles and distances used in the compilation are derived from the latest information for the subject
land boundaries. The information is to be obtained from the latest measurements shown on both
Crown and Freehold Plans whether or not these Plans are parent Plans or abutting Plans for either
part or all of an existing boundary; and also DMP Plans (mining tenements) where appropriate. In
the case of sketch on transfer boundaries then the title distance is used in the compilation.
Where imperial distances have been metricated on the working copies (duplicates) of Plans and
diagrams, for example, 100 links and 90 links, which convert to 20.117 and 18.105 respectively,
they are shown as 20.12 and 18.11 respectively on the “duplicates”. An amalgamation of lots with
these distances would give a total imperial distance of 190 links which, when metricated, gives a
total distance of 38.22 metres, and not the 38.23 metres obtained from a sum of the metricated
values. So, when compiling from imperial surveys add the required imperial distances to give a
total and then convert that total to metric. In some cases it may require the field book to be
searched to determine the correct dimensions.
On older Crown Plans the practice was to round off the total boundary distance to the nearest link.
In these cases Title distances take precedence.

Note
The exception to this rule is when the shape of the original Title is changing by compilation of a
couple of lots. In this case use the original measured distance before the rounding.
Field book values may be used on the compiled plan in some situations (e.g.. in the case of
excessive miscloses or where a repeg field book provides more accurate values than the latest
original plan or diagram).
Boundaries for compiled lots may be calculated (see plan example 8) providing:
•
the calculated boundary is less than 250 metres in length (i.e. does not require an
intermediate mark),
•
the calculated boundary is between two previously marked corners or bends of parcels with
live titles, and
•
a site inspection has been made to ensure that there is no conflict caused by the proposed
boundary position and that the new boundary can be identified by the proprietor.
Compiled plans cannot be used to re-instate boundaries that have been extinguished by an
amalgamation or re-subdivision. “Boundary lines” that were surveyed in the past but which have
not been used to define land boundaries for a period of time must be re-surveyed for them to
become boundaries again – see Figure 9.1 below for an example of such a situation.
Where a distance on a compiled Plan comprises partly calculated/about and partly surveyed
components the separate components must be shown along with a ‘cal’/’abt’ total distance.
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As a compiled Plan does not involve a survey all the angles and distances are original. By
convention the suffix ‘ORIG’ should not be shown on any dimension. Survey marks and
intermediate distances are not shown. A notation stating from the Plans/diagrams, Certificate of
Title, survey graphic, field book or other sources from which the compilation was derived is
necessary.
Circles (indicating survey pegs or posts) should not be shown at lot corners on compiled plans.
A licensed surveyor with a practising certificate is to sign the correct certificate on the face of the
plan – labelled ‘SURVEYOR’S CERTIFICATE – Compiled’. The plan may need to be
countersigned if the certifying surveyor is not eligible to verify the plan (see chapter 10.12) The
‘FIELD BOOK’ section of the heading should show the notation ‘COMPILED’ to indicate a compiled
Plan.
For the preparation of compiled Plans within the CBD areas of Perth, West Perth and Fremantle
see Chapter 2.13.
Compiled plans are not to be used to re-instate boundaries that were removed by an amalgamation
or re-subdivision.
Figure 9.1: Amalgamation and subsequent re-subdivision
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9.44
Depiction of Mineral Reservations
The introduction of the SmartRegister digital Titles system caused changes in the way that mineral
reservations are dealt with on Titles and Plans. The following outlines the requirements for
surveyors to depict any mineral reservations affecting land on deposited plans.
9.44.1
Reservations in Crown Grants
Mineral reservations contained in the original Crown Grants need not be depicted or recorded on
Deposited Plans. A SmartRegister Title contains a prefatory statement that indicates that the land
in the Title is ‘subject to the reservations, conditions and depth limits contained in the original
grant’.
9.44.2
Lands Affected by Section 15 of the Public Works Act 1902
Prior to 1953 section 15 of the Public Works Act 1902 excluded from resumptions all minerals
except those necessary for the construction, support and maintenance of public works. Where
minerals had been alienated and the land resumed an undefined portion of the minerals remained
unresumed, causing problems for the then Titles Office determining what had and what had not
been resumed.
Crown Grants issued after the introduction of the Land Act in 1898 had all minerals reserved to the
Crown. The position was/is quite clear from that time. The earlier grants of land (including grants
under the Deeds Office system) prior to 1898, where portion of the minerals were alienated
remained a problem until in 1953 section 15 of the Public Works Act 1902 was amended to
retrospectively provide that all minerals were included in any resumptions. section 15 was repealed
in 1997 and replaced by section 164 of the LAA.
Titles to land affected by this provision will show different endorsements depending on the
circumstances involved. If the whole of the land is affected the endorsement may state; ‘save and
except the rights to mines of coal or other minerals’, or ‘the right to mines of coal or other minerals
being excluded from the said land’. If portion of the land in a Title is affected the endorsement will
usually state; ‘the right to mines of coal or other minerals being excluded from portion of the said
land’.
In the past, areas affected by section 15 of the Public Works Act were indicated on the ‘working
copy’ Plans (i.e. mini Plans and duplicate diagrams). Landgate’s imaging system provides copies of
the working Plans. These Plans are no longer produced by Landgate and it is now necessary to
show the affected areas on Deposited Plans.
Working copy Plans indicate affected areas in one of two ways. The affected areas are hachured
and the Plan annotated ‘Portion hachured subject to section 15 of the Public Works Act 1902’. In
some cases the unaffected areas are hachured and the plan annotated ‘save and except the
portion hachured subject to section 15 of the Public Works Act 1902’.
Some roads closed and amalgamated under the former Road Districts Act 1919 were also subject
to mineral reservations and are shown on ‘working copy’ Plans as affected by section 15 of the
Public Works Act 1902.
Roads closed and amalgamated under the Land Act 1933 or the LAA are not affected by the
provisions of section 15 of the Public Works Act 1902.
Where land affected by section 15 of the Public Works Act 1902 has been revested in the Crown
the provision no longer applies to the land revested. Lots that are revested are identifiable on the
existing ‘working copy’ Plans by a ‘Revested’ notation or a change in the parcel identifier (lot
number) to a Crown allotment.
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If all the land in a new Deposited Plan is affected by section 15 of the Public Works Act 1902 there
is no need to show on the Plan that the lots are subject to mineral reservations as this will be
carried forward onto any new Titles created. Where a portion of the land in a new Deposited Plan is
affected by the former section 15 of the Public Works Act 1902 the Plan must show the subject
portion and the Schedule of Interests and Notifications must indicate the new lots affected. See
plan example 18.
In general, surveyors must bring forward onto new Deposited Plans the mineral reservations
depicted on the ‘working copy’ Plans. Portions of land affected by section 15 of the Public Works
Act 1902 are usually not dimensioned on Titles or working Plans. Surveyors are only required to
plot affected portions on new Plans by scaling distances from existing documents and using labels,
line-work and where necessary hachuring to clearly show the relevant portions. There is no need to
include the information in CSD files.
9.44.3
Mineral Reservations in Transfers
Crown Grants that were registered in the name of the Commonwealth of Australia did not contain
any mineral reservations. Where the Commonwealth disposed of land, the transfer effecting the
sale normally contained the same mineral reservations as contained in a normal Crown Grant.
Following registration of the transfer, the Commonwealth would then transfer to the Crown in right
of the State the reserved mineral rights.
By virtue of the Midland Railway Company Acquisition Act 1963 the Minister for Western Australian
Government Railways acquired all the property of the Midland Railway Company. The mineral
rights granted or alienated to the Midland Railway Company become the property of the Crown on
production of a vesting application by the Minister to the Registrar of Titles. Titles are usually
endorsed ‘except and reserving metals minerals gems and mineral oil specified in Transfer No’ or
‘save and except minerals vested in the Crown pursuant to the provisions of section 4(5) of the
Government Railways Act. A Title may or may not make reference to the relevant transfer
document.
Where portion of the land in a new Deposited Plan is affected by a mineral reservation contained in
a transfer, or vesting under section 4(5) of the Government Railways Act the portion so affected
must be depicted on the Plan in a similar manner to that required for land affected by section 15 of
the Public Works Act 1902.
Plan Example 30 and Plan Example 8 indicate the requirements for bringing forward mineral
reservations created in transfers on Deposited Plans.
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9.45
Depth Limits
The introduction of SmartRegister caused some changes in the way surveyors deal with the
existing depth limits on Titles.
9.45.1
Background
Prior to 1898 Crown Grants were issued without any limitation on depth. In 1898, as land in the
goldfields was likely to be auriferous it was decided to only grant land surface rights in goldfield
town lots to a depth of 20 feet.
The Government Gazette of 11/3/1899 amended this to 40 feet for land in Goldfield and Mineral
Districts and 2000 feet elsewhere. This was further amended in the Government Gazette of
6/3/1906 to 40 feet for Goldfield and Mineral Districts and 200 feet elsewhere.
The Government Gazette of 6/3/1934 gave the Minister for Lands the discretion to set other depth
limits if required. Mineral Districts were progressively amended until in 1981, it was determined that
the whole State was covered by Mineral Districts. All Crown Grants since then have been limited to
12.19 metres (the metric conversion of 40 feet) unless the Minister determined otherwise. Issuing
of Crown Grants ceased on March 30 1998.
An exception is the Central Business District where in 1988, it was considered appropriate to set
the limit at 60.96 metres (200 feet). This was due to the greater depth required for high rise building
foundations and the fact that the CBD was unlikely to be the subject of a Mineral District.
Depth limits were initially set out in the Crown Grants together with conditions and reservations at
the time of transfer to the Freehold estate. Depth limits, conditions and reservations applied to the
whole of the Crown allotment being dealt with. Subsequent replacement Titles, as a result of a new
subdivision or ‘too full for further endorsement’ had the depth limits brought forward but not the
conditions etc. A continuing reference to the original Crown Grant is required if a current searcher
requires details of conditions etc.
With the introduction of the Land Administration Act 1997 on March 30 1998 Crown Grants are no
longer issued. Conveyance from the Crown estate to the Freehold estate is by way of a
conventional transfer with a Certificate of Title issuing. Current RDL policy is that Crown Land
being transferred to the Freehold estate will no longer be restricted in depth. section 9 of the Mining
Act 1978 reserves gold, silver and other precious metals to the Crown and section 9 of the
Petroleum Act 1967 declared all ‘petroleum’ to be property of the Crown.
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9.45.2
Current situation
Depth limits have not been imposed over all Freehold land. Where depth limits do apply a depth
limit annotation with reference to the original parent Crown allotment must be shown on all
subsequent Freehold Survey Plans.
A Crown survey depicting an original Crown allotment does not show, or have any reference to,
depth limits as these were not created until the time of issue of the Crown Grant.
New Crown Land Titles do not contain any depth limits.
SmartRegister Titles will not make any direct reference to specific depth limits.
SmartPlan will not provide any information on depth limits. The CSD file lodged with a survey Plan
does not include information on depth limits.
Surveyors need to add any depth limits of the subject land of a subdivision to the survey Plans. The
depth limit is obtained from the Certificate of Title. A limited in depth ‘only’ notation is to be added
where part of the subject land does not have a depth limit.
Difficulties may arise where part or all of the new survey emanates from a pre-LAA Crown survey
on which details of any depth limits that exist are not annotated. In these circumstances the
surveyor will need to undertake an historical search to determine the identity of the last manual
Title, or search for the original Crown Grant and obtain a copy before he can comply with the above
requirement.
It is current Landgate practice to include any unallocated Crown land being amalgamated into
Freehold in the original Freehold depth limit.
9.46
Lot Numbers for Vesting Lots and Land Acquisitions
Until March 2004, where a plan involved land that was to vest in the Crown or where land was to
dedicate as road following an acquisition under the Land Administration Act 1997, surveyors were
requested to obtain a Crown allotment number for the relevant lots.
From March 2004 until June 2006, surveyors were asked to number such lots, as well as new
Crown lots from a subdivision involving Crown land, using either the 300-399 or 3000-3099 number
range; whichever was appropriate for the lot numbers on the plan. Those numbers were to indicate
to Landgate staff the lots for which Crown Land Titles were expected to be created.
Neither of these requirements is now in place. Surveyors are free to use whichever lot numbers are
appropriate for any particular plan, taking special care to avoid duplication of lot numbers (see
chapter 21.10)
It has become clear that the notations on the plans and supporting documentation are sufficient for
the correct registration actions to occur, and the use of such a range of lot numbers has the risk
that some people will assign unintended intelligence to those lot numbers i.e. not all lot 300s are
Crown land.
Surveyors are to use only the Freehold lot types (polytypes) in CSD files for all lots on the Plan.
The Crown polytypes (i.e. A, E, L, S and T) are not to be used. All other naming conventions in
accordance with the CSD User Guide (see Appendix 5) are to be followed.
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9.47
Depiction of Original Unsurveyed Boundaries
Where original boundaries, that were created by a ‘Sketch on Transfer’ or by description (e.g..
Moieties), are depicted on Deposited Plans, surveyors should adopt the following practices (see
plan examples 46 and 47):
•
Where the plan shows distances that have been fixed by a transfer document, such
distances are to be annotated as ‘orig’. In cases where these fixed distances are superseded
by becoming part of new balance lot distances no ‘orig’ distance or angle annotation is
necessary.
•
Where the plan is ‘Compiled’ no ‘orig’ distance or angle annotation is necessary as all
dimensions are original.
•
Distances and angles for boundaries created by a transfer that are derived from survey or
calculation are not to be annotated as ‘orig’ or ‘cal’.
•
Unsurveyed boundaries are to be shown as full lines but labelled and the following notation
included on the Plan
“Unsurveyed Boundary A-B created in Transfer Document ……”
•
Where a boundary that was created by a ‘Sketch on Transfer’ or by description is
subsequently surveyed and marked it should be labelled and the following notation included
on the Plan
“Boundary A-B created in Transfer Document ……’”
•
In the past the transfer of portions of an original “survey” location were accepted without any
further survey, usually by showing the new “calculated” boundaries in red ink on the original
plan or diagram that was registered for the original “surveyed” location. New location
numbers were then allocated to those “calculated” portions transferred.
Any “unsurveyed” boundary created as above is to be shown as a full line and labelled
A_B. Notation on the plan is to include reference to the original plan or diagram that
created the “unsurveyed” boundary.
If an “unsurveyed” boundary created as above is required to be surveyed, then
surveyors are advised to first seek advice from the Survey Inspection Team at
Landgate.
•
The transfer document number to be recorded in the notation is the one that creates the
boundary in the first instance. This document would indicate any fixed distances.
•
These boundaries must be captured in CSD files in accordance with their survey status (i.e.
whether they have been marked). Unsurveyed lines must be captured as ‘unsurveyed’ and
surveyed/marked lines captured as ‘surveyed’ in the CSD file.
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9.48
Curved Boundaries
It has long been Landgate’s policy not to accept new Plans with curved road alignments. This
policy originated following complaints from utility agencies encountering problems installing
services in their allocated corridors within road reserves where curves were involved.
Curved boundaries may be used elsewhere in a subdivision but they are not encouraged. There
seems to be few practical reasons for them to be used. They are quite common in canal
developments however where canal boundaries are usually related to the constructed walls
bordering the canals.
Where it is necessary to survey two or more adjoining curves the plan must show the radius and
arc of each curve together with the long chords as dotted construction lines. For clarity, bearings or
mid-azimuths should be shown along each chord.
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10. Plan Practices
Introduction
Chapter 10 details the range of requirements for Survey Plans.
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10.1
Deposited Plan Types and Purposes
10.1.1
Plan Type
There are only two recognised types of Deposited Plan:
1.
Freehold for Plans relating to land registered under the Transfer of Land Act 1893
2.
Crown for Plans prepared for the purposes of the Land Administration Act 1997. Plan Types.
The ‘Type’ panel on the Deposited Plan should record either Freehold or Crown. Where a Plan
contains both Crown and Freehold land the Plan Type is generally determined from the following
criteria:
10.1.2
•
RDL made an instruction for the Plan to be prepared and a RDL file reference exists then the
Plan type is Crown. A Crown Land amalgamation (with adjoining Freehold land) is an
exception to this rule – the Plan Type in this case is Freehold (see chapter 11.2).
•
If the Plan is prepared for private purposes then the Plan type is Freehold.
Plan Purposes
The ‘Purpose’ panel on the Deposited Plan should record the purpose of the Plan. Only one
purpose can be recorded per Plan (except for sole subject roads that require a Crown Land Title to
be prepared– refer ‘Acquisition’ below).
Allowable Plan purposes include:
1.
Subdivision
A Plan that will lead to the creation of new Titles (excluding the other ‘purpose’ categories
below). Refer also to chapter 20.2 and chapter 20.3.
Except for land acquisitions under the LAA, road widenings that require a balance lot to be
depicted on the Plan are to be regarded as having a purpose of ‘Subdivision’. Road
widenings that automatically dedicate do not require a lot number.
2.
Acquisition
The taking of interests in land for public purposes (usually roads) under part 9 of the LAA
requires a plan with a purpose of ‘acquisition’ (see chapter 11.1).
3.
Crown Land Amalgamation
Where the sole purpose of a Plan is for the amalgamation of Crown Land with Freehold Land
(see chapter 11.2). The Plan type must be shown as Freehold.
4.
Road
Most roads will now be created on Plans of subdivision but where a road is being created
within a large tract of Crown land it may still be possible to have a road as the sole subject of
a Plan. The purpose of such a Plan is ‘Road’ except where there is a need to create a Crown
Land Title for the road parcel – the Plan Purpose in these situations is ‘Acquisition (Road)’.
5.
Road Closure
This Plan Purpose is used when the only purpose of the Plan is to close a dedicated or
private road.
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6.
Vesting in the Crown
Where it is necessary for a section 152 of the P&D Act lot or lots to be the sole subject of a
Plan, the Purpose of that Plan should be recorded as ‘Vesting in the Crown’.
7.
Conversion
For Titles to be created under SmartRegister (SMR) an unambiguous ‘lot on Plan’ parcel
identifier (PI) is required. There are many parcels in the current system that do not meet this
basic requirement and to allow SMR Titles to be created for those parcels Conversion Plans
need to be prepared by Landgate. For example, balance lots created by subdivisions (not
road widenings) and lots created by sketches on transfer will require Conversion Plans to
bring them into SMR.
Due to the high volume of Conversion Plans prepared by Landgate for SmartRegister
purposes such plans may not necessarily always meet the normal drafting standards. As a
minimum, Conversion Plans prepared by Landgate will match the standard of the paper title
sketches.
A Conversion Plan is to be prepared by a surveyor if an owner urgently requires a balance
Title for land still held on a paper Title (see chapter 20.5). Conversion Plans prepared
outside of Landgate must be drafted on a standard form to the same standard as
subdivisional DPs, certified by a licensed surveyor and Audited by Landgate (see chapter
11.10).
Plans with a Purpose of ‘Conversion’ are also required for applications to bring land under
the TLA.
8.
Redefinition
Crown ‘Redefinition’ Plans may be required where:
9.
•
subsequent repegs of Crown land reveal large differences with the original survey, or
•
the condition of the original graphic has deteriorated.
•
Freehold ‘Redefinition’ Plans include:
•
Possessory Title applications, or
•
plans associated with applications under sections 159 (see chapter 3.16) and 170
(see chapter 5.7) of the TLA.
Interest
‘Interest Only’ Plans are to be lodged by surveyors where documents lodged to register a
new interest or amend an existing interest refer to a spatial extent depicted on a Deposited
Plan. Generally all interests that are to be registered over part of the land in a Title require a
Deposited Plan to define the spatial extent. The only exceptions to this principle are:
•
Caveats
•
Freehold Leases
•
Simple ‘bore’ easements between neighbours.
The ‘Interest’ purpose is only to be recorded when an interest or interests is the only subject
of a Crown or Freehold Plan.
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10.
Statutory
‘Statutory’ Plans are used:
10.2
•
To facilitate actions under various statutes in reference to particular areas of land.
They do not effect tenure but impose conditions or lift constraints on the subject of the
Plan.
•
For ‘Notices of Intention to Take’.
•
For administrative boundaries and these boundaries can be of a temporary nature
exempting an area for 1 day from restrictions under law that would not allow the
proposed activities to take place. Examples of a more permanent nature include
definitions of Port Authority areas, custom areas, off-road vehicle areas, shire and
rating area.
•
Where the nature of the administrative process does not justify the expense of survey
and marking.
Plan Heading
A description of all new tenure created by a Deposited Plan is to be shown in the heading panel
labelled ‘PLAN OF’. If new lots, roads, easements or covenants are being created they must be
included in the heading.

Note:
New interests and notifications being created by document only are NOT shown in the heading.
Existing interests being brought forward are not to be included in the heading. See plan example
51.
In the title block of each Plan, near the heading, there is an ‘SSA Yes/No’ section. It is important
that surveyors cross out the appropriate word (ie. cross out ‘yes’ for ‘Non SSA’ (normal)
subdivisions or cross out ‘no’ where the SSA guidelines have been followed). This will ensure the
Plan proceeds through the correct channels at Landgate.
Conveyancers must ensure when they lodge an application for new Titles, the subject of the Plan
has the appropriate sticker placed on the application to identify it as an ‘Early Issue’ application for
Titles.
10.3
Land District
The ‘Land District’ panel on the Deposited Plan should record the District/s of the land under
survey.
Where the land description of an original parcel, the subject of a Plan, is inconsistent with the land
district (e.g.. a Perthshire lot within the Swan district or Jandakot AA lot within the Canning district)
the surveyor should show both next to the heading ‘District’ in the Plan’s title block. In this situation
the land description is shown first followed by the land district in brackets. See plan example 9.
10.4
Townsite
The ‘Townsite’ panel on the Plan should record the townsite name for the land under survey (if
applicable). See chapter 9.37 for Crown Plan requirements.
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10.5
RDL File
The ‘RDL File’ panel on the Plan should record the RDL file reference issued with a RDL Survey
Instruction. This would only apply to Crown Plan types.
File numbers should be shown in the form “#####-####/##**” (e.g.. 00123-2000/01).
10.6
Local Government and Locality
The local government and locality of the land under survey is to be shown.
The names approved by the Geographic Names Committee for localities can be found/searched in
Spatial Viewer.
10.7
Former Tenure
Where the subject land is only one parcel involving only one Title then, in the space labelled
‘Former Tenure’ in the Plan Title block, show the former tenure in a ‘lot on Plan’ format together
with the Certificate of Title volume and folio number.
Plans involving more than one parent lot or Title are to include a table (see Table 10.1 below and
plan example 1) showing all the new land parcels created together with the respective former
tenure for those lots, the parent survey plan and the relevant Certificate of Title volume and folio
numbers (a requirement for searching Landgate’s image system).
Table 10.1:Example of Former Tenure Table
Lot
Former Tenure
On Plan/Dia
Title
1
PT LOT 4495
DP 136495
58-86A
2
PT LOT 4495
LOT 3880
DP 136495
DP 133081
58-86A
58-84A
Roads and road widenings that automatically dedicate on approval of the Plan are only to be
included in the Former Tenure Table if they comprise any whole existing Title/s that are to totally
disappear when the Plan is approved. Where a road or road widening automatically dedicates as a
result of a subdivision of a single lot/Title, the former tenure is shown in the ‘Former Tenure Box’ as
a whole lot (refer to plan example 4). Otherwise, where multiple former lots/Titles are involved in a
subdivision the affected former lot/s are shown as parts in the ‘Former Tenure Table’ (see plan
example 15).
Plan sheet numbers are to be included in the ‘On Plan/Dia’ column where the sheet contains all the
relevant information related to the former lot. The working copies (duplicates) of any old
subdivisional Plans were subdivided into sheets for convenience. If the original plan is a multi-sheet
‘Deposited Plan’ using the new Plan format, the sheet number should not be included in the table
because any or all of the sheets may contain relevant information.
Where a subdivision involves land in a Plan for which a Title has not been issued as yet, the
Former Tenure Table should see the previous lot/s on Plan only. The ‘Title’ column in the table is to
be left blank.
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10.7.1
Depiction of Part Lots in Former Tenure
To allow most of the existing lots described as part lots (as a result of road excisions etc.) to be
captured as digital titles in SmartRegister it was necessary for them to be captured as whole lot
Titles endorsed with an exclusion notation (e.g.. ‘excludes road shown on CP1234’). These same
lots were also converted en masse in the spatial database to be shown as whole lots.
New Deposited Plans should show these lots (ie. former part lots that have been captured in
SmartRegister as whole lots) as whole lots in the former tenure box/table.
Those part lots that have not been, or could not be captured in SmartRegister should be shown as
‘Pt’ lots in the former tenure box/table. Surveyors should note that where these part lots exist
Landgate could be preparing a Conversion Plan that allocates new whole lot numbers to those part
lot parcels to allow the Titles to be captured and this action (by Landgate) could affect the tenure
and/or abuttals required on the Plans being prepared by the surveyors. Where a surveyor
encounters this type of part lot, a search of the tenure should be made prior to lodging the Plan to
ensure no recent changes have occurred.
10.7.2
Dual Numbering of Crown Plans and Diagrams
Surveyors encountering dual numbered Plans must only use the new Deposited Plan number in
the Former Tenure Box or Table. See chapter 2.5.
10.8
Survey Index Plan References
10.8.1
For Normal (Non SSA) Subdivisions
The “INDEX” line should contain the Survey Index Plan reference or references in which the
subject land is contained. The reference is made using the Plan sheet numbering system ( e.g.. CF
37 (2) 30.35)
10.8.2
For SSA Subdivisions
The “Index” line should contain the Survey Index Plan reference as for normal (Non SSA) Surveys
or “SEE SMART PLAN”.
It is no longer necessary to include the Public Plan reference in which the subject land is contained
on any DPs.
10.9
Field Book
The ‘FIELD BOOK’ section contains the field book numbers that are relevant to the survey that
defines the subject land. In the case of a compiled plan then the notation ‘COMPILED’ should be
used instead of the FB number.
For Special Survey Areas the field books listed in this section of the title block should be the ‘reestablishment and control’ field books for the subdivision. For SSAs being converted from EIOT
procedures the field books to be listed are the ‘re-establishment and control’ field books that
contain the origins of the dimensions of the balance lots on the Plan. It is not necessary or
desirable, for ‘referencing’ field books from adjacent EIOT stages to be included. For subdivisions
within SSAs, it is not necessary to include a field book number if the survey has been carried out
using only existing permanent marks within the SSA.
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10.10 Scale
The ‘SCALE’ section contains the representative fraction at which the Plan is drawn (e.g. 1:750). It
is best practice to show the Bar Scale close to and under the Representative Fraction.
10.11 Surveyor's Certificate
The surveyor must ensure the Surveyor's Certificate (Reg 54 or Compiled) is signed on all
Deposited Plans.
The responsibility for the entirety of the plan resides with the signing Licensed Surveyor (see
Notice to Surveyors 01/2007- from the Land Surveyors Licensing Board).
Additional certification requirements may apply in some situations. If the certifying surveyor is not
eligible to verify the Plan it must be countersigned by an eligible surveyor (see chapter 10.12).
Road Casement Surveys by Limited Marking also have special certification requirements (see
Appendix 1).
Survey Firm
Surveyors are to show Survey Firm information (Phone number and e-mail address), this will assist
Landgate in any contact required with the Surveyor or firm and ensure that In Order for Dealings
Copies of Deposited Plans are returned to correct firms.
10.12 Eligibility to Verify Plans
Licensed Surveyors who are not eligible to verify Plans require their Plans to be countersigned by
an Eligible Surveyor. A certificate for this purpose (see Table below) is specified in Registrar’s
Direction 3.3.
I ................................. being eligible, in accordance with the Land Surveyors’
Licensing Board’s requirements, to verify survey documents have checked this plan
(and its digital record) by ................................. (Licensed Surveyor) and I verify that
the plan is error free and consistent with the field record and digital record and
complies with the Landgate Practice Manuals, except where good reason has been
shown to the contrary, and with all regulations applicable to it.
Date .........................Signed .................................(Licensed Surveyor)
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10.13 In Order for Dealings/ Approved
The processes for ‘Plan In Order For Dealings’ and ‘APPROVED’ are the same for both Crown and
Freehold Plans.
When a Plan is made ‘In Order For Dealings’ a list of all actions necessary for Titles to issue is
inserted in that panel by the Plan auditor.
The annotation ‘Reg 26A’ or ‘Reg 21(1)’ shall be shown within the ‘Approved’ panel if the Plan is
subject to those particular regulations. ‘Reg 26A’ refers to special surveys carried out under
general regulation 26A. ‘Reg 21(1)’ refers to special Crown surveys carried out under regulation 21
of the Land Administration Regulations 1998.
As part of the service provided to the survey industry, Landgate notifies the surveyor by email when
their Deposited Plans or Strata Plans have been endorsed “In Order for Dealings”. The email will
contain a “screen grab” of the first sheet of the Plan (PDF) and the IOFD date.
To avoid delays which may impinge on the dealings of the Plans, surveyors are reminded that
current and correct email addresses should be shown on the Plans.
As we now operate in a fully electronic Plan environment, surveyors are strongly advised to
subscribe to the “Notify Me” service, which is available from Landgate’s Survey Channel.
By subscribing to the “Notify Me” service, the subscriber will receive an email at every status
change, i.e. Certified Correct, Sent to WAPC; WAPC Approved, IOFD, and Approve. At a cost of
$2.70, Notify Me’ provides continuous updates on the progress of a Plan.
10.14 WAPC Approval Box
After a successful pilot, the Electronic Transfer of Deposited Plans (etDP) Process between
Landgate and Western Australian Planning Commission (WAPC) was implemented on 26 July
2010.
As a consequence, WAPC now only endorses the first sheet of a Deposited Plan.
Landgate requests that the “Approved by Western Australia Planning Commission” panels for
sheet 2 onwards of a multi-sheet Deposited Plan be struck out or removed for the DP template.
The notation ‘Delegated Under S.16 P & D Act 2005’ must occur below the signature field.
Plans for Metropolitan Redevelopment Authority
Previously, land under the control of various Redevelopment Authorities was administered under
separate legislation e.g. Midland Redevelopment Act 1999. New legislation, Metropolitan
Redevelopment Authority Act 2011, has been enacted creating one authority for land controlled by
various Redevelopment Authorities. When dealing with Metropolitan Redevelopment Authority
land, the Planning Approval section of the Deposited Plan Mask should be shown as below:
APPROVED BY
Hon. MINISTRER FOR PLANNING
Under Sec. 20 of the Metropolitan Redevelopment Authority Act
FILE…………………………..
……………………………..……………………………………………
Hon. MINISTER FOR PLANNING
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10.15 Total Area
The ‘total area’ for Crown surveys is to be shown within the graphic area of the new Plan form.
10.16 Easements
Chapter 14 covers the practices related to the presentation of both Crown and Freehold
easements.
10.17 Section 152 of the P & D Act Vesting Land
If one or more land parcels of the subject land are to vest in the Crown, a notation quoting the lot
number, lot usage and section 152 is shown on the Plan. This notation should be placed in the
‘Schedule of Interests and Notifications’ (see chapter 14.1). The land usage is also noted within the
lot itself. (See plan example 33 and 32).
Surveyors are advised that plans of subdivisions subject to a proposed reserve under section 152
of the P&D Act must depict the purpose on the plan exactly as described in the WAPC condition
for subdivisional approval.
Any clarification or interpretation of a vesting purpose is to be referred to the WAPC. Also see
Appendix 8.
Section 167 P & D Act Easements (old section 27A of the TP&D Act) are the only accepted
interests over vesting land. All other interests require referral to the Regional Manager. (Easements
in gross to private companies- e.g. Wang/Parmelia- gas pipelines, restrictive covenants caveats
and mortgages are unacceptable and must be removed).
Where Planning conditions require lots to be transferred to the Crown for purposes other than
those covered under section 152 a notation is to be shown in the Interests & Notifications table on
the plan stating LOT... TO BE TRANSFERRED TO THE CROWN... for a specific purpose. This
notation should be placed in the comments column of the ‘Schedule of Interests and Notifications’
(refer).
Chapter 14.14 deals with easements and covenants over vesting land.
10.18 Special Survey Area Plans
In the title block of each Plan near the heading, there is a ‘SSA Yes/No’ section. It is important that
surveyors cross out the appropriate word (i.e. either ‘yes’ or ‘no’). This will ensure the plan
proceeds through the correct channels at Landgate. Surveyors are reminded that for SSA compiled
Plans a Survey Sheet is not required and the only reference to the SSA Guidelines is in the
Approved panel where “ Approved- Reg 26A(4)” is shown.
Where the option ‘yes’ is selected (i.e. ‘no’ crossed out) the survey and Plan must comply with the
“Survey Practice Guidelines for Subdivisions within Special Survey Areas” issued by the CSCB.
See plan examples 28 and 50.
10.19 Original Crown Allotment Boundaries on Freehold
Plans
The bringing forward of original Crown allotment boundaries onto Freehold Plans is not required
unless a depth limitation in the original Crown Grant (see chapter 9.45) or some other spatial
element affecting the parent Title (e.g.. a notification) needs to be identified.
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Where a depth limit from a Crown Grant applies to only part of a new Freehold lot the extent of the
original Crown allotment that forms part or the whole of the subject of the Plan must be shown. If all
the subject land for a Plan has the same depth limitation the original Crown allotment boundaries
need not be shown.
On plan example 7, Nelson Location 4495 has a depth limit of 60.96 metres and its extent relative
to that Plan is shown in the normal manner. The original Crown boundaries for Location 3880 are
not shown (except where it abuts Location 4495) because it has no depth limit.
On plan example 20, Esperance lot 2080 (a Crown grant in trust) has a depth of 12.19 metres and
so the original boundary is shown through the new lot 110
10.20 Plan Notations
10.20.1 Common Notations
The following are common notations used on Plans:
•
COMPILED FROM P....., D.....,DP……., FB ......, C/T .........
•
LIMITED IN DEPTH TO …….. METRES AS TO LOT ……. ONLY
•
DATUM FOR LEVELS - AHD (SSM........ .)
•
CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH EXECUTIVE MINUTE
10/92
•
CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH EXECUTIVE MINUTE
17/90
•
CALCULATED DIMENSIONS DERIVED IN ACCORDANCE WITH SURVEY
REGISTRATION MINUTE 1/98.
•
EASEMENT CASEMENT CALCULATED FROM CENTRELINE TRAVERSE.
10.20.2 Special Conditions
Where special conditions for survey exist a notation shall be shown to indicate these conditions.
General regulation 26A or LAA regulation 21(1) notations can be as follows:
•
CENTRELINE/TRAVERSE SURVEY, NO CLEARING OR TRENCHING ON BOUNDARIES
•
INTERMEDIATE MARKING OVER 250 METRES
•
DIMENSIONS DERIVED FROM GPS OBSERVATIONS
•
HWM DERIVED FROM GPS OBSERVATIONS
•
HWM BASED ON AERIAL PHOTOGRAPHY _____________Date
•
HWM DERIVED FROM SCDB _________________Date
•
BOUNDARIES COMPLETELY UNMARKED BUT RELATED TO THE SSM’S (Note: Used
for surveys under the “26A ROADS (OPEN) GUIDELINES)
•
SURVEYED IN ACCORDANCE WITH GUIDELINES FOR ROADS THROUGH STATE
FOREST (Note: Used for surveys under the “26A ROADS (FOREST) GUIDELINES)
An appropriate alternative notation can be used for any other unique circumstance, the notation
‘Reg 26A’ or ‘Reg21(1)’ is to be shown in the approval panel of the Title Block.
All compiled Plans with calculated boundaries must comply with Operational Directives (subject to
Reg 21(1)). Notations for these plans will be ‘Calculated Dimensions Derived in Accordance with
Executive Minute ……..’
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10.21 Excisions
Excisions are only allowed before the Plans are made ‘In Order For Dealings’ and where whole
original Titles are removed from the subject of the Plan or where the balance lot is amended to
incorporate the lot/s or land affected.
10.22 Plan Amendments
Table 10-2: Example of ‘Amendment Schedule’
Version
Amendment
Authorised By
Date
2
Lot 51 addedReplacement Plan
A. Surveyor
8.6.2002
3
Audit Requirements
A. Surveyor
4.7.2007
4
Survey Sheets added
or
Survey Sheets (being
sheets…..) now Lodged
A. Surveyor
14.7.2007
5
Amendment Approved (SMITH
STREET changed to BROWN
ROAD)
<signature>
Inspector of Plans
and Surveys
23.8.2007
All Plans are to include an amendment schedule. The schedule must be placed in the top left
corner of Sheet 1 and there must be sufficient space for further notations to be added. Plan version
numbers are to be incremented whenever there is a change to the substance of the Plan; including
the lodging of a replacement plan (i.e. changes in administrative status do not cause the version
number to change).
10.22.1 Replacement Plans
A replacement Plan, with version control, is required fo any amendment to a Plan. Amendments
include any changes to the Plan instigated by the surveyor or Landgate Audit Requirements. Also a
new CSD File is required with replacement Plans where the surveyor has amended lot boundaries
or added / amended Easement details.
Replacement of hardcopy Deposited Plans is to be a digital version. Any amendments to Plans
lodged prior to the introduction of Deposited Plans require cancellation of the superseded Plan and
lodgement of a new digital Deposited Plan.
Landgate will not carry out any amendments to Plans.
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10.22.2 Schedule for Replacement and Amendments to Deposited Plans
throughout the Audit Process
Refer to Transfer of Land Regulations 2004.
Table 10-3: Version Change and Scanning Requirements for Plans
Plan Status
Version Change
Scanned
Plan lodged (Stamped Subject To Material Change)
Yes
Yes
Any change to plan initiated by surveyor prior to or during
audit
Yes
Yes
Substance* of plan amended as a result of audit or
compliance with a requisition
Yes
No
Certified Correct
No
Yes
Amendments to Plan requested by Surveyor after certified
correct
Yes
Yes
In Order for Dealings
------------------------------------------- Addition of Survey Sheets (SSA only)
No
-------------------Yes
Yes
-------------Yes
Any change after IOFD
Yes
Yes
Changes on Plan Approval
(e.g. Doc No. added)
No
Yes
Changes post Approval
Yes
Yes
Replacement Survey Sheets
- Post Approval
Yes
Yes
10.22.3 Audit Amendment Table
Version- 2 (History of versions not required).
Amendment- statement to be “Audit Requirements”.
Authorised By- the name of the surveyor only is required (signature not required)- name of firm or
drafting contractor not required.
Ver.
Amendment
Authorised By
Date
2
Audit Required
A. Surveyor
12.06.2007
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10.23 Authority for Correction of Errors on Plans after Plan
Approved
The schedule below sets out the policy of the Commissioner of Titles on Plan amendments after
they have been approved by the Inspector of Plans and Surveys or an Authorised Land Officer.
Schedule
1.
Extent of Correction for Areas and Distances
Type
Level
Description
Extent
Authorised by
1(a)(i)
Minor
s. 155 of the
TLA
Increasing Area – no impact on
any other lot; subject to 1(a)(ii)
and 1(a)(iii)
No more
than
0.2%
Plan Auditor
1(a)(ii)
Minor
s.155 of the
TLA
Increase or decrease of distance
of a boundary 40 metres or less
50mm or
less
Plan Auditor
1(a)(iii)
Minor
s.155 of the
TLA
Increase or decrease of distance
of a boundary over 40 metres
0.2% or
less
Plan Auditor
1(b)
Intermediate
Increase in area or length with no
impact on any other lot
1% or
less
IPS or Officer
appointed under
S.18 of Licensed
Surveyors Act
1(c)(i)
Intermediate
Increase in area or length with no
impact on any other lot
5% or
less
Legal Officer
1(c)(ii)
Intermediate
Reduction in area or length of lot
not within Perth CBD
1% or
less
Legal Officer
1(d)
Major
Any other amendments
Deputy/Commiss
ioner of Titles
2.
Correction of Angles- Authority to amend governed by the effect of the extent of correction
on areas or boundary lengths (see 1 above).
3.
Correction of Tables and Endorsements (Other Than Area or Dimensions)Formal ‘Direction to Amend’ by the Deputy/Commissioner of Titles is required for
amendments to easements, covenants and notifications etc. shown on a plan/diagram.
4.
Other Corrections
Description
Authorised By
Miss-spelt or incorrect road
name
Plan Auditor
Transposed or incorrect parcel
identifier
Legal Officer to sign and date file, IPS or Officer appointed
under S.18 of Licensed Surveyors Act to sign plan
Other notations/stamps/data on
plans
Refer to Manager Cadastral Subdivisions and
Deputy/Commissioner of Titles for instructions
This schedule does not deal with corrections to graphics on paper Certificates of Title that may be
necessary after correction of the relevant Plan.
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10.24 Cancellations
Cancellation of Crown Plans is under the direction of RDL and certified accordingly by an ALO. For
various reasons, existing Freehold Plans occasionally need to be cancelled. There are two main
instances when freehold plans are requested to be cancelled:
•
if a land owner has had a subdivision carried out and then decides that the subdivision
should not proceed (providing it is prior to dealing being lodged) a written request signed by
the land owner to the ‘Inspector of Plans and Surveys’ is required, to allow cancellation
•
if a surveyor carries out a subdivision and the land being subdivided is the subject of a Plan
that has not been dealt on, then this superseded Plan must either be dealt on or cancelled. If
the cancellation option is chosen, the Surveyor’s Report can be used to request cancellation
of the redundant Plan. It should be noted that if a surveyor is aware that the land to be
subdivided is to be the subject of a cancellation the Former Tenure Table should not reflect
details of the Plan to be cancelled.
Any authority that has an interest that would have been automatically created on plan approval has
to provide consent to the cancellation. On receipt of a cancellation request, the Plan is prepared for
cancellation, is cancelled by the Inspector of Plans and Surveys and SmartPlan is updated to show
a status of ‘Cancelled’. All relevant authorities are notified of the cancellation if the Plan has been
endorsed by WAPC.
A fee is charged by Landgate for the cancellation of a Plan and payment is required before the plan
will be cancelled.

Note
•
Plans cannot be cancelled once Dealings have been accepted
•
Landgate will (by return mail) send an account and a copy of the Plan showing cancellation
to the person requesting same
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11. Specific Plan Purposes
Introduction
Chapter 11 covers specific plan purposes and the appropriate methodology for
their actioning.
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11.1
Acquisition Plans
Where land is being acquired for public purposes by either taking or transfer and multiple
ownership is involved the following practices are used. The plan is required to show:
•
the land to be acquired together with any residue lots that may result from the acquisition
(see chapter 9.22.1 ‘Multiple Lot Titles’ and chapter 9.22.3 ‘Roads and Road Widenings from
Extensive Freehold Parcels’ for possible residue land solutions for exceptional situations);
•
a notation that the land is ‘being acquired for a public purpose’ together with a description of
that purpose; and
•
a Former Tenure Table (see chapter 10.7) that sets out the conveyancing requirements to
achieve the acquisition/s.
The taking of interests in land for road purposes under section 170 of the Land Administration Act
1997 would be the subject of an acquisition Plan.
Crown Land administered under the Land Administration Act 1997 may be shown with Freehold
Land administered under the Transfer of Land Act 1893, however Freehold actions may be slowed
down as a result of completing Crown actions. It is strongly recommended that actions affecting
Crown and Freehold Land be separated onto different graphics.
Compulsory acquisition of a portion of land for a public work is exempt from the requirement of
subdivisional approval by virtue of section 6 of the P & D Act.
Accordingly W.A.P.C. approval is not required for acquisitions on behalf of a Local Authority. The
Deposited Plan is to be endorsed “EXEMPT FROM W.A.P.C. APPROVAL UNDER SECTION 6 OF
THE P & D ACT” in the Approved by W.A.P.C. box. Evidence is required from the acquiring
authority stating that they are taking the subject land for a Public Work under Part 9 of the Land
Administration Act (Evidence should be lodged along with the Deposited Plan).
Acquisitions on behalf of Main Roads W.A. will be forwarded to W.A.P.C. for their approval, on
completion of audit action. Surveyors are to ensure that a note is placed in the Surveyors Report
stating that this is a Main Roads W.A. job
See Plan Example 11 for land being acquired for Road Widening and Dedication.
See Plan Example 5 for land being acquired for a Public Purpose.
A Plan may show a series of road widenings that are clearly labelled ‘ROAD WIDENING’ with the
intention of the widenings being dedicated. This is done by transferring the land to the Crown to
dedicate under section 168(5) of the P&D Act or alternatively by taking and dedication.
The Plan must also show:
•
either a separate allotment number for each portion being acquired or a single allotment
number for the whole of the land being acquired, and
•
all balance lots with separate lot numbers.
All land in the plan that is being acquired must be dealt on at the same time. The titles for balance
lots will issue automatically.
Chapter 13.11 covers the situation where the land to be acquired is from a strata scheme. See plan
examples 5, 11, 85, 95, 102 for Freehold land Acquisitions (chapter 9.17). See plan examples 54,
70, 71, 100 and 104 for Crown Land Acquisitions as well as chapter 9.18.
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11.2
Crown Land Amalgamations
Legislation governing the disposal of Crown Lands by amalgamation with adjoining Freehold Land
resides under section 87 of the LAA.
Generally Crown Land for Amalgamation is to be allocated a lot number in order that a Crown Land
Title (CLT) may be created prior to its amalgamation into a Certificate of Title (CT). Where closure
and amalgamation of a private road or ROW (by acquisition), or a PAW or ROW that vested under
section 152 of the Planning and Development Act is proposed, no CLT is created and no lot
number is required.
Crown land to be amalgamated into a Crown Grant in Trust or any other Freehold land also
requires its status to be that of a CLT and must be supported by a Statutory Declaration by the
controlling authority and any other interest holders (refer chapter 20.3).
If two or more parcels of Crown land are being included into the one Freehold Title, only one lot
number is necessary.
To facilitate the registration process for a road closure there is a requirement to allocate a lot
number to the portion of the Closed Road. This includes roads within a new subdivision and roads
for immediate amalgamation. One PI is issued for the whole road closure if amalgamation to
multiple lots is simultaneous. If amalgamation is not simultaneous separate lot numbers are
allocated.
The key issue is that closures must be registered on a CLT. Additional to that, Crown Easements
on Road Closures must be shown on a CLT. All dimensions, to enable the creation of the new CLT
for the Crown land being amalgamated, must be shown (ie. no additional searching of Plans must
be necessary).
Amalgamations of road closures or pedestrian accessways (PAW’s) with adjoining Freehold land
are to be shown on Freehold Deposited Plans. It is only necessary to show any residual road or
PAW as a balance lot when the road or PAW is the subject of a Certificate of Title or Crown Land
Title.
The Registrar or an Authorised Land Officer may authorise a plan prepared for the purposes of
closing a portion of private road or right of way under section 52 of the Land Administration Act
1997, to not show a balance lot for the residue road or right of way. The areas of closed road or
PAW are to be depicted in an inset on the Plan or on a separate sheet of the Plan.
Amalgamations of portions of ‘Unallocated Crown Land’ (UCL) with adjoining Freehold land are to
be shown on Freehold Deposited Plans. Unless instructed otherwise by State Land Services, no
balance lot of the residue UCL is to be shown on the Plan.
Amalgamations of portions of Crown reserves with adjoining Freehold land are also to be shown on
Freehold Deposited Plans. The residue of the Crown reserve is to be shown as a balance lot, with
a new lot number shown on the Plan. In most cases, the reserve would retain its number, but
sometimes it is cancelled at dealing. As such, the reserve number is not to be shown on the
balance lot to minimise future amendments. Alternatively the reserve may be subdivided initially on
a Crown Plan with the portion to be amalgamated given a separate parcel identifier. The
amalgamation is then carried out on a Freehold Plan.
Amalgamations of portions of Crown land with adjoining Crown leasehold land are to be shown on
Crown Plans. Only the Freehold lots and any spatial interests (the ‘outcome’) are to be included in
the CSD files for Plans prepared for Crown Land Amalgamations. See plan examples 43, 44, 99,
101 and 103.
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Where an applicant requires the Crown land to be part of a new subdivisional development, Part 6
Division 2 of the Land Administration Act 1997 may be a more suitable option for the particular
project. The development may be subjected to delays associated with actions on the Crown land,
particularly if Native Title Rights need to be extinguished. Staged registration and/or approval
actions may be necessary. The relevant Regional Manager at RDL should be consulted on the
most appropriate procedures for each individual situation.
The current situation regarding Crown Land Amalgamations and the necessity to lodge at WAPC,
are that any portion of PAW or ROW being closed and amalgamated that still has public access
needs to be approved by WAPC. All other isolated portions of PAW/ROW or pieces of unallocated
Crown lands are exempt and a note to this effect is placed on the Plan.
Table 11.1: Some of the different scenarios encountered when dealing with the
amalgamation of Crown land.
Scenario
Heading on inset
To include a portion of Unallocated
Crown Land (UCL) into an adjoining
lot where the UCL does not have a
PI or LR
LOT 300
BEING CROWN LAND FOR AMALGAMATION
FORMERLY UCL
To include UCL into adjoining lots.
The UCL is on a Crown Diagram
and there’s an LR.
LOTS 300 & 301
BEING CROWN LAND FOR AMALGAMATION
FORMERLY LOT 600 ON DP179850 LR 3113/511
To include a portion of Closed road.
(The closed road was created on a
Crown Plan.
LOT 300
BEING CROWN LAND FOR AMALGAMATION
FORMERLY CLOSED ROAD ON DP216114
To close and include a portion of
road into adjoining lots and at the
same time creating a Sec 144 LAA
easement within the inset.
Note:
This easement subsists, being
carried forward and shown ‘above
the line’ in the Interests and
Notifications table on the main
graphics.
LOTS 300 & 301 (ROAD CLOSURES)
BEING CROWN LAND FOR AMALGAMATION
FORMERLY PART GILBATOR STREET ON P11542.
Show the easement details on an Interests and
Notifications table within the inset.
To close and include a portion of
road into adjoining lots. In this case
there is a PI for the road.
Note:
A balance of the road lot is
necessary on the main graphics.
LOTS 300 & 301 (ROAD CLOSURES)
BEING CROWN LAND FOR AMALGAMATION
FORMERLY PART GILBATOR STREET (LOT 123) ON
P11542.
LR 3113/666
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Table 11.1: Some of the different scenarios encountered when dealing with the
amalgamation of Crown land (cont.)

Scenario
Heading on inset
To include a ‘vested’ ROW or PAW into
adjoining lots.
(NOTE: the ROW/PAW is still in title and
usually is the only thing remaining. The note:
‘vested portions alone remain’ is shown as an
endorsement on the title)
LOTS 300 & 301 (REVESTMENT)
BEING CROWN LAND FOR
AMALGAMATION
FORMERLY ROW(vested) / PAW ON P10004
C/T 1234/567
To include a portion of land acquired under
Sec 52 of the Land Administration Act to
adjoining lots. (e.g. private road)
LOTS 300 & 301 (ACQUISITION)
BEING CROWN LAND FOR
AMALGAMATION
FORMERLY PRIVATE ROAD ON P17700
C/T 568/456
Note:
If an easement under section 144 of the LAA needs to be created as part of the amalgamation, this
needs to be shown in the inset depicting the amalgamated portion. It is then brought forward above
the line in the Interests and Notification Table and shown on the main graphic.
11.3
Road and Road Widening Plans
Chapter 13 covers matters relating to roads in detail. Road Casement surveys are covered in
Appendix 1.
The requirement under SmartRegister for balance lots to be shown on Plans means that most
roads will now be created on Plans of subdivision even though the intention of the survey is to
create the road or road widening. See plan example 56.
Where a road or road widening is being created within large tracts of Crown land it will still be
possible to have the road or road widening as the sole subject of the Plan. See plan example 54.
The CLT (if one exists) will be endorsed ‘land excludes road shown on plan ....’. section 27 of the
Land Administration Act 1997 (LAA) empowers the Minister for Lands to authorise the subdivision
of Crown land into lots and determine the width and direction of streets, roads and lanes within
such lands. Where new roads are being created the Plan heading must include the words ‘AND
ROAD(s)’. Road widenings being created are to be labelled ‘ROAD WIDENING’ to conform with
Freehold practice. The roads automatically dedicate upon approval of Plan under section 28 of the
LAA.
The taking of interests in land for road purposes under section 170 of the LAA would be the subject
of an acquisition Plan (see chapter 11.1).
Land may be dedicated for road purposes under section 56 of the LAA. To dedicate sole subject
roads under section 56, a lot number and CLT are required in order to register the dedication
document. The heading of the Plan will be either ‘ROAD (LOT 249)’ or ‘ROAD WIDENING (LOT
249)’ and the graphic will be endorsed ‘MARTIN ROAD (LOT 249)’.
Private thoroughfares may be dedicated under either section 56 of the LAA or section 3.49 of the
Local Government Act 1995.
Where a previously dedicated road is being defined by survey the Plan heading is to include ‘AND
DEDICATED ROAD’.
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11.4
Road Closure Plans
Roads are closed under section 58 of the Land Administration Act 1997 (LAA). See plan example
55.
The closure or acquisition of private ROWs proceed under section 52 of the LAA (formerly section
297A of the Local Government (Miscellaneous Provisions) Act 1960).
11.5
Sole Subject Vesting Lot Plans
Parcels of land that vest in the Crown under section 152 P & D Act do so automatically upon
dealing on the Plan. It is therefore necessary for at least one Freehold (non-vesting) lot as well as
the vesting lot be the subject of the Plan to cause a dealing and trigger the vesting.
Where it becomes necessary for a section 152 P & D Act lot or lots to be the sole subject of a Plan
the surveyor must seek authorisation from the Manager, Plan Registration.
11.6
Interest Plans
Chapter 14.21 covers ‘Interest’ plans in detail.
11.7
Statutory Plans
Statutory Plans are used to facilitate actions under various statutes in reference to particular areas
of land. They do not effect tenure but impose conditions or lift constraints on the subject of the
Plan.
The most common use of Statutory Plans is for ‘Notices of Intention to Take’. The other use is for
administrative boundaries and these boundaries can be of a temporary nature exempting an area
for 1 day from restrictions under law which would not allow the proposed activities to take place.
Examples of a more permanent nature include definitions of Port Authority areas, custom areas, of
road vehicle areas, shire and rating areas.
The Manager Boundary Definition, New Subdivisions should be contacted when preparing a
Statutory Plan.
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11.8
Christmas/Cocos (Keeling) Island Plans
In 1992, the then DOLA undertook the registration of survey Plans on Christmas and Cocos
(Keeling) Islands and Landgate continues this responsibility.
All survey Plans held at that time by the Commonwealth government were passed to DOLA and
registered. These Plans are in a markedly different format to survey Plans prepared under WA
practices.
Subsequent survey Plans for Christmas and Cocos (Keeling) Islands followed conventional WA
practices with particular attention given to:
•
AZIMUTH - Bearings shown on the original (Commonwealth) Plans are Christmas/Cocos
Island GRID bearings. New Deposited Plans do not require bearings to be shown.
•
PERMANENT SURVEY MARKS - The practice of showing PSMs has been continued on
subsequent Plans.
Excisions from mineral leases must be referred to the Commonwealth Department of Territories.
For planning and land management issues, contact the Pilbara Regional Manager or Team Leader,
RDL. See plan example 60.
11.9
Pastoral Lease Boundary Amendment Plans
These Plans serve to define pastoral lease boundaries and fall into four categories:
•
Partial survey definition of an existing boundary. This may result in the amendment of the
area and boundary of the lease (a Crown Plan with a purpose of ‘Redefinition’ is to be
lodged showing the full extent of the pastoral lease).
•
Survey definition of a boundary to enable creation of a parcel for inclusion into a pastoral
lease.
•
Survey definition of a boundary to enable total subdivision of pastoral lease.
•
Survey definition of boundary/s which create two (2) or more severances for cross transfer
between pastoral leases. Balance lots would need to be shown.
Exemptions from showing balance lots or the full extent of the lease may be authorised by the
Registrar or an Authorised Land Officer. Note that:
•
Landgate needs to be consulted for unique abuttal and original boundary depiction
requirements.
•
Improvements such as fences, bores etc. are to be shown.
•
In survey definitions that create two or more severances, the dimensions and areas of each
severance are required.
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11.10 Conversion Plans Prepared Outside Landgate
Conversion Plans prepared outside of Landgate must be drafted on a standard form, to the normal
drafting standards outlined in this Manual and certified by a licensed surveyor. The surveyor’s
‘compiled’ certificate would normally apply to such Plans where no new survey was undertaken.
See plan example 45.
Where a conversion Plan is prepared for the purposes of eliminating a part lot land description the
graphic area on the Plan is to be annotated as follows:
“This plan provides a graphic representation of existing lot/s and
allocates whole lot/s and description for the conversion of paper
Certificates of Title to a digital register.’
Conversion Plans must include any interests and notifications of a spatial nature that are to be
brought forward. It is not possible to create new interests on a conversion Plan.
CSD files are required for all conversion Plans prepared outside of Landgate.
Conversion Plans are cross-indexed with the normal ‘compiled’ annotation. Conversion Plans
prepared by Landgate are cross-indexed onto the SIP View without any field book number or
‘compiled’ notation (ie. only the Deposited Plan number is shown).
The information and dimensions on conversion Plans prepared at Landgate is often sourced from
existing paper Titles and registered TLA documents. The dimensions on conversion Plans
prepared at Landgate may not depict the latest dimensions and should not be used on new survey
documents unless verified by a Licensed Surveyor.
Conversion Plans prepared by private surveyors do not need to include a statement about
reliability. The regulation 4 ‘Compiled’ certificate signed by a Licensed Surveyor eligible to lodge at
Landgate is sufficient support for the dimensions on the Plan.
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11.11 Plans of Roads for Registration of Interests
To allow the registration of easements, infrastructure corridors and other interests over roads a
process has been introduced where Deposited Plans are lodged showing parcel identifiers (lot
numbers) allocated to sections of existing road. These Plans also include any interests that are
being brought forward (usually Crown easements) and any new interests being created using that
Plan.
The extent of the road lot being created on such Plans will vary depending on the circumstances
but in most cases a lot should extend for the length of a section of road and include any truncations
at ‘T’ intersections.
These deposited plans are to be a ‘Crown’ type with a purpose of ‘Subdivision’ (this allows Titles to
be created within SmartRegister). Balance lots are not required for any residue portions of road.
CSD files are required for these types of Deposited Plans.
See plan examples 62 and 93.
11.12 Deposited Plans for Infrastructure Projects Using Data
from the Spatial Cadastral Database (SCDB)
The Principal Consultant (Plans and Surveys) should be contacted on 9273 7170 if data extracts
from Landgate’s SCDB are to be used to model infrastructure projects and produce Deposited
Plans.
By giving sufficient lead time, the accuracy of the SCDB in the are of interest can be checked for
suitability.
If extra cadastral connections have been undertaken by the surveyor, then these should be lodged
as soon as possible so the new connections can be used to upgrade the area which is to be used
for the project.
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12. Three Dimensional Plans
Introduction
Chapter 12 presents information on the practices to be followed when preparing
Three Dimensional Plans.
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12.1
The Cubic Parcel
The guidelines in this Chapter are for the survey and drafting of Plans that include three
dimensional lots (ie lots limited in height or limited in depth other than by the traditional Crown
Grant depth limit). These Guidelines do not apply to plans under the Strata Titles Act.
Except when structures define the intended boundary surfaces vertical planes should be used in
the definition of the 3D lot as much as possible. In the absence of other restrictions, definition of the
lot parcel by horizontal and vertical plane (not curved) surfaces is preferred for simplicity of
description. The inclusion of curved edges or surfaces is discouraged but if these are necessary,
single or compound circular curves may be used. Spiral or other transition curves are
unacceptable.
When defining upper or lower boundary surfaces by means of reduced levels (and unless following
a constructed surface) the boundary surfaces must be a series of plane surfaces. Twisted planes
are not acceptable because they are not unique. An infinite number of different twisted planes can
all pass through the same four non-planar points.
When a boundary plane is defined by four or more points (the usual situation), those points must
be calculated to be planar. If this is not the case the boundary surface must be broken into two or
more planes, by recording changes of grade or by introducing break-lines on the Plan. Plan
example 38 shows several such break-lines.
12.2
Survey
If the corners are not closely marked in three dimensions, then in the case of urban areas (and
especially inner urban and city areas where complex three dimensional surveys are becoming
frequent) the survey method and the accuracy of the survey should be at least equivalent to those
specified for Special Survey Areas under General Regulation 26A, with nearby connections to the
geodetic network in three dimensions.
It is recognised that the development methods and the boundary relationship to physical structures
will vary greatly between different developments. But the density of marks and of connections to
physical structures must correlate with the critical nature of the boundaries and correlate with the
high value of the land. It is not acceptable to simply reduce the marking because it is physically
impossible to mark most of the corners. Alternatives must be used (possibly unique to each case).
The sources of the AHD datum for the survey should be recorded in the fieldbook.
12.3
Marking
Three dimensional boundary corners should be marked directly if practicable. Otherwise a mark
should be placed on a vertical edge of the parcel (or its production), on a horizontal or sloping edge
or least satisfactorily as an offset mark related three dimensionally to the corner of the lot. In the
case of indirect marking it may be preferable to only record the mark in the field book (ie as an
RM).
It is accepted that it will not be possible to mark or reference those three dimensional corners of the
lot which are either high in air space or deep within construction material or earth. In those cases
an alternative should be found, for example connections to the structure.
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12.4
Location of Structure
A connection to a wall shown on a plan makes that wall a monument and monuments have
precedence over measurements. Thus the recording of the position of the structure in relation to
the boundary is a prudent practice for the surveyor to establish the intention, apart from the benefit
to future surveyors in facilitating re-establishment.
Showing connections to horizontal surfaces of the structure could be particularly relevant in the reestablishment of a horizontal boundary surface defined via a long levelling traverse.
In the case of ‘below ground’ structures it is recommended that sufficient connections be made to
the structure and recorded in the field book, to allow the relationship of the boundaries to the
structure to be proven, to reduce the risk of mistakes and to provide an audit trail.
12.5
What Must Be Shown on the Plan
The Plan must show all of the dimensions of each of the lots and other land tenure (roads etc) and
of the surround of the Plan. These dimensions include the definition of heights in the case of threedimensional parcels.
The Plan must show abuttals (tenure and plan numbers) in all three dimensions (ie including tenure
above and below the lot, and above and below the new Plan). The horizontal abuttals should show
all of the abutting tenure at different heights where applicable. A Plan view and at least one other
view or alternative means should be used to clearly define each three dimensional lot.
12.6
Flexibility
These guidelines are not intended to restrict or standardise. They are designed to help surveyors
and to reduce delays in processing. The first priority is to make the survey Plan clear and complete
– by whatever means you can devise. It is expected that three-dimensional Plans will be used for
increasingly more complex lots (and easements) in the future.
12.7
The Plan View
The Plan must include a Plan view as the primary view. It is recommended that you show on the
primary Plan everything that can be shown on that view without getting too cluttered. This includes
all horizontal angles and distances that are at the surface of the ground and lot numbers and
abuttals. This may require one or more enlargements – still in Plan view, and may need a second
sheet.
It is very desirable that the primary Plan view also record (probably without dimensions, and just in
outline) the position of below ground and ‘at height above ground’ parcel boundaries. It is
suggested that these outlines use a new line symbol (0.35mm dots spaced at 3mm, used also for
Mines boundaries) to differentiate from easement boundaries, road secants, break lines etc).
It is recommended that each below ground and ‘at height above ground’ lot be recorded on a
separate Plan view which shows its Plan dimensions. The height dimensions may be recorded on
this view in simple cases. It can be impossible to find the space to show on the crowded main Plan
the various lot numbers at different heights.
In such a case it is recommended that the main Plan shows only the numbers or names of those
parcels which are unlimited in height. Then a separate enlargement can be drawn for lots which are
limited in height or depth, showing on the enlargement a key for each polygon, linked to an
adjacent schedule recording the key adjacent to a listing of the tenure at different heights.
In simpler, less crowded situations the statements could be put directly on the main Plan view.
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12.8
Options for Defining Vertical Limits
Following are several suggested options for defining the upper and lower limits of threedimensional lots:
1.
A simple stand-alone statement quoting reduced levels – for simple flat and horizontal
surfaces. See plan example 37, and the example in the table 21.1.
Table12.1: Definition of vertical limits of the various tenures in the Murray Street
Mall
Polygon Key
Shown on
Plan.
Tenure
Upper and Lower Limit of the Tenure
57
Murray Street
Lot 1152
Lot 1026
Lot 1152
Murray Street
Above RL 31
Between RL 31 and RL 22.5
Between RL 22.5 and RL 17
Between RL 17 and RL 7
Below RL 7
52, 55
and
58
Murray Street
Lot 1152
Murray Street
Above RL 31
Between RL 31 and RL 7
Below RL 7
54
and
56
Murray Street
Lot 978
Lot 1152
Murray Street
Above RL 31
Between RL 31 and RL 15
Between RL 16 and RL 7
Below RL 7
2.
A statement using point numbers on the Plan linked to a schedule showing the point
numbers and the associated reduced level for each. This can be used for sloping planes but
needs extra clarification when any point number has two or more upper limits (or two or more
lower limits) associated with it, usually a step in the surface. See plan example 35 and plan
Example 39.
3.
A vertical elevation or a vertical section can be used to illustrate steps clearly. See plan
example 38.
4.
An isometric projection to scale can illustrate more complex shapes. It is generally best to
only show one lot per isometric projection. See examples on plan example 38. If, because of
the viewing angle points or lines on different surfaces coincide on the view, causing
confusion, it is acceptable to show the projection as ‘not to scale’ and then stretch the
graphic so as to separate the co-incident points or lines. Usually this is only practical near
the edges of the view.
5.
Where several three dimensional parcels abut or interlock it is acceptable to use a vertically
exploded isometric projection. This will separate the parcels to allow each to be shown
clearly, but also defines how they all fit together. See plan example 38.
Whether separate enlargements or elevations are used for each parcel or whether they are
combined to save space is a decision for the surveyor. Both are acceptable, provided clarity is
achieved.
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12.9
Defining Upper and Lower Limits Of 3D Lots
Always use reduced levels above Australian Height Datum to define the upper and lower limits of
three-dimensional lots. AHD heights should be recorded on the Plan to the nearest 0.01 metre. In a
vertical elevation or isometric view the practice of showing a reduced level along a horizontal line is
favoured.
The traditional format of showing depth limits on Plans (e.g. ‘limited in depth to 12.19 metres’ carried forward from the Crown Grant) is misleading on three-dimensional Plans, all of which carry
a reference to AHD. It is recommended that on three-dimensional plans, the full wording of the
depth limit from the Title is used (ie ‘………12.19 metres below the natural surface of the ground’).
Because extensive ground disturbance may be a part of the development relating to a three
dimensional Plan, it is recommended that if the natural surface or remnants of it, are visible at the
time of survey that its height be measured and recorded in the field book for future reference. In
complex cases it is very useful to show an approximate height of the ground or paving at selected
places on vertical elevations or isometric views – to clarify the situation to the viewer (as on plan
example 38, 39, 68, 95 and 105.)
Some structures may approach or reach the depth limit, in which case the surveyor may elect to
convert the depth limit to AHD reduced levels and to record that lower surface as part of the
graphic. This is acceptable but because of the risk that there was cut or fill many years ago, it
would be prudent to qualify those RLs – for example ‘nominal depth limit is 2.70 metres above
AHD, for information purposes only’.
12.10 Isometric Projections
Distances along sloping edges shown on elevations and isometric views should be slope distances
and should be annotated ‘slope’.
Any angle shown on an isometric view will be understood to be the angle between the respective
vertical planes, not the angle between any sloping edges. If this is not the intention the angle
should be appropriately annotated.
Similarly circular curved surfaces will be presumed to be cylindrical with a vertical axis.
If it assists clarity it is acceptable to remove the front face of an isometric projection so as to view
the internal and far surfaces pictorially.
Try not to construct an isometric view looking from the top of the Plan sheet. An isometric can only
be comprehended properly when viewed from the direction it was drafted – and the viewer is
usually trying to relate the isometric to an adjacent Plan view.
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12.11 Areas of Three Dimensional Lots
An area should be shown for each lot. In the case of three-dimensional lots the shapes of lots can
vary greatly, so a range of methods may be necessary. These may include:
•
As first priority it is recommended that the area recorded be the area at ground level.
•
If the above is misleading, the area of the bulk of the lot could be recorded.
•
If the lot is wholly or predominantly below ground level:
•
•
the area at below ground level should be shown, or
•
in some cases where there are gross differences in area at different heights it will be
useful to record more than one area for a lot, calculated at representative heights and
recorded as such.
The height at which the area of each three dimensional lot is calculated should be shown
(unless it is obvious)
In the past some lots which were closed in height and depth have been annotated with a cubic
volume instead of an area. It is now thought that this is an added complication with little benefit so it
is recommended that only areas be shown in future, not volumes.
12.12 Total Area of Plan
It is not necessary to show the total area of the subject land on the Plan except for Crown surveys.
Refer chapter 10.15.
12.13 Easements Limited Vertically
For easements (typically under section 136C of the Transfer of Land Act) limited vertically, similar
methods should be used as are used for descriptions of parcel boundaries, with the notable
difference that no marks are necessary for easement boundaries. See plan examples 35 and 36. In
the case of multiple three dimensional easements within a building (easements for a variety of
purposes) the situation can be complex and it is then recommended that each easement be drawn
on its own enlargement, usually a Plan view with the third dimension defined by reduced levels.
See plan examples 35 and 36. In some cases a vertical elevation or isometric projection may be
needed as well.
In some situations of overlapping or abutting easements, it will be advisable to draft a vertical
elevation or vertical section depicting the relationships among the various easements (for example
in the case of access and service easements passing through a dividing wall or party wall). See
plan example 36.
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12.14 Digital (CSD) Files
Vertical information is not required in the Cadastral Survey Data (CSD) file for three dimensional
lots. The horizontal extent of each three-dimensional lot and easement must be recorded in the
CSD file (and also that of the Plan surround). On some Plans this can result in two, three or several
lots populating the same SCDB space (but at different heights). This is acceptable and will be
clarified by the viewer referring to the Deposited Plan.
All that is required for the CSD entry for each three dimensional lot is a horizontal outline or
‘footprint’, not all of the intricacies of the lot boundary at different heights. It is suggested that the
most informative footprint is the total extent of that lot but it is recognised that this may not always
be practical and that an alternative such as the lot extent at ground level may sometimes be better.
There is no firm rule – the purpose is to illustrate and to guide the viewer to the Deposited Plan for
the rigorous solution. Two dimensional easements are recorded in CSD files. Three dimensional
easements should also be recorded in CSD files but only in Plan view. The 3D button within the lot
identification should be activated.
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13. Roads
Introduction
Chapter 13 presents information on Roads, their status, actions and processes for
registration
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13.1
Road Names
See chapter 9.24.
13.2
Parcel Identifiers
Roads and road widenings that dedicate automatically on approval of a Plan of subdivision do not
require parcel identifiers except where the former tenure is Crown land and staged approval is
necessary (e.g.. if Native Title rights exist).
Under the Land Administration Act 1997 (LAA) all actions relating to Crown land must be registered
to be effectual (section 19). The registration process under the Transfer of Land Act 1893 (TLA) is
specific: i.e. ‘original instrument to be entered in the Register on the certificate and the original
sealed’.
Except for those roads that are created on a Crown Plan of subdivision under section 27 of the
LAA, (see plan example 53) all Crown Plans of survey or sketch Plans that are prepared for road
purposes (both creation and closure) will require the allocation of a parcel identifier and CLT
number. This is to enable the registration of Dedication/Closure Orders or any further actions
against the road (e.g. leasing etc). See chapter 11.11 for plans of roads for registration of
easement crossings.
To allow the registration of easements and infrastructure corridors over roads a process has been
introduced where Deposited Plans are lodged showing parcel identifiers (lot numbers) allocated to
sections of existing road. These Plans also include any interests that are being brought forward
(usually Crown easements) and any new interests being created using that Plan. Refer chapter
11.11.
13.3
Connections Across Roads
See chapter 9.25.
13.4
Road Widenings
Road widenings that involve Freehold Land must be done on a Plan with a purpose ‘subdivision’,
where the balance lot must be shown. See plan examples 3, 4, 13, 15, and 56.
A road or road widening may be the sole subject of a Plan if a large tract of Crown land is involved
as the residue (see chapter 11.3). Refer to chapter 11.3 under ‘Roads and Road Widenings from
Extensive Freehold Parcels’ for possible residue land solutions for exceptional situations involving
Freehold land.
On even truncations the angles to the truncation line may be omitted if the intersection angle and
set-back distances are shown. New truncations created must show details of the original
alignments.
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13.5
Closed Roads
To facilitate the registration of a road closure and any subsequent actions, a parcel identifier will
need to be allocated. All actions relating to Crown land must be registered to be effectual under the
Land Administration Act 1997 (LAA).
Instructions will be issued with the survey/drafting contract indicating the requirements with regard
to closure. See plan examples 55 and 101.
If the sole subject of the plan is to cause the road closure then the purpose of the plan will need to
be:
‘ROAD CLOSURE’.
Where the closed road is being amalgamated into adjoining land the Plan purpose will be ‘Crown
Land Amalgamation’ (except where the closure is being incorporated into a subdivision – in which
case the Plan purpose will be ‘Subdivision’) and the graphic area is to include an inset showing the
closed road. The Plan heading is to state the outcome – the new lot/s being created. Separate
parcel identifiers and areas are to be shown if disposal is to more than one land parcel. Refer
chapter 11.2. Where, as the result of a road closure the width of the remaining road casement has
been altered the opposite side of the road covering the extent of the closure, must be shown.
Connections across the road must be shown clearly identifying the residual road width (this may
require calculation utilising original data). This is required in order to ensure the graphic depiction of
all road widths and to avoid the searching of field notes.
Easements may be shown over closed roads for immediate alienation.
13.6
Road Casement Surveys by Limited Marking
Refer Appendix 1.
13.7
Dedication of Bridges as Public Roads
Under Executive Minute 1/97 (see Appendix 2) bridges and the associated support structures and
land on which the structures rest are depicted for dedication as public roads on three dimensional
Plans in alternative ways:
•
Description on the Plan, of the bridge surface, supporting structure, and underlying land,
defined by Reduced Levels (RLs) referenced to the Australian Height Datum (AHD). The
extent of the underlying land dedicated may vary from case to case. In some instances it
may be appropriate to dedicate the entire strip, while in other cases, the bridge footings only
may be dedicated (so as to minimise interference with another agency’s management of the
underlying land).
•
Description on the Plan of a three-dimensional airspace, vertical elevations defined by RLs
and related to the RL of the underlying land, referenced to the AHD. Horizontal extremities of
the airspace parcel will normally show connections to adjacent land parcels.
The first alternative is the preferred course. The second alternative is available where it better
meets particular circumstances (e.g.. the bridge structure rests on the perimeters of a channel with
no intermediate support structures).
Having regard for management issues in relation to the bridge, road surface and underlying land,
the decision in relation to the choice between the alternatives outlined above will be reached in
consultation with the relevant management bodies and instructions as to the preferred alternative
issued with the survey/drafting contract.
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13.8
Mall Reserves
Section 59 of the Land Administration Act 1997 (LAA) provides for the creation by Ministerial Order,
of a reservation under section 41 for the purpose of ‘Mall Reserve’. The Order will close any
existing underlying road and together with any unallocated Crown land within the Mall Reserve
boundaries create the reservation.
The Plan prepared for the parcel identifying the reservation must have a parcel identifier. Any
underlying road is automatically closed by registration of the Order that creates the reservation.
Upon cancellation of the reservation the parcel identifier allocated to the reservation area will
cancel and the road that existed prior to the reservation becomes dedicated as if the reservation
had never existed.
Where Mall Reserves are to be created over an existing dedicated road a compiled Crown Plan
may need to be drawn (e.g.. where more than one Plan creates that road). Each particular case is
to be treated on its merits.
13.9
Public Access Routes
Section 64 of the Land Administration Act 1997 (LAA) allows for the Minister to provide the public
with access through Crown land to an area of recreational or tourist interest.
For all intentional purposes a Public Access Route (PAR) is to be treated as an easement granted
by the Minister under section 144 of the LAA in favour of members of the public generally.
These ‘interests’ over land are usually for access for tourist sites and will be treated as de facto
easements. They will be depicted on a Crown Plan with a purpose of ‘Easement’.
13.10 Protected Roads
Protected Roads which were created under the Road Districts Act prior to 1960, and shown on any
Landgate plan, are deemed to be Public.
For research purposes the likely date of creation of pre-1960 protected roads may be ascertained
from the superseded/cancelled Public Plans held in secondary storage by Landgate.
Protected Roads created since 1960 are shown through reserves and UCL only as an indication
there is a constructed road in that approximate position. Its purpose is to assist future subdivision
over the area and to indicate the presence of a road in the event of an enquiry over the land. The
road is not deemed to be Public unless dedicated or surveyed on a certified/approved Landgate
Plan.
Protected Roads through State Forest are not recognised. A road through State Forest is either a
part of the State Forest under the control of the Department of Environment and Conservation or a
dedicated public road excluded from the State Forest.
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13.11 Partial Taking in Strata Scheme
The survey of a ‘taking’, for road purposes, action involving a Strata Scheme requires the
lodgement of a new Strata Plan defining the balance land in addition to the Deposited Plan
depicting the taking. This lodgement is on behalf of the relevant authority as set out under section
29B of the Strata Titles Act 1985 (STA).
The new Plan sheets are to include a floor plan and a location plan to reflect the parcel and lot
boundaries after taking. A variation to a Survey-Strata Scheme caused by a taking order requires
an order by the District Court – see section 29 of the STA.
13.12 Road Dedication Stamps on Deposited Plans
As from April 2002 the practice of stamping road dedications on Freehold Deposited Plans was
discontinued. This resulted in standard practices for both Freehold and Crown Deposited Plans.
As roads, road extensions and road widenings dedicate on the date that a Plan is approved it was
believed unnecessary for the Plans to be stamped. The status of a Plan dictates the status of any
roads depicted within the subject of the Plan. The date of approval of a Plan usually coincides with
the date of any dealing on the Plan.
In most cases it is safe to assume that any roads depicted on approved Deposited Plans have
been dedicated. This may not be the case with multi-parcel resumption/taking/acquisition Plans
approved under the former regulation 44 of the Licensed Surveyors (Transfer of Land Act 1893)
Regulations 1961. Care should also be taken with Freehold Plans approved prior to 1960 as
depicted roads may not have been dedicated. In these cases it is necessary to refer to the
dedication stamps placed on the Plans.
13.13 Road Widths (see chapter 9.23 also)
With the repeal the automatic dedication provisions of section 295 of the Local Government
(Miscellaneous Provisions) Act 1960 and the introduction of section 168 of the Planning and
Development Act 2005 the requirement for newly created Roads to be greater than 6 Metres wide
has now been removed. Now the W.A.P.C. is responsible for approval of all roads widths.
13.14 Crown Grant Roads
It was once the practice when alienating large blocks to reserve as roads any lines of
communication which might be required in the future. These roads were not surveyed, but were
shown on and excluded from the area in the Crown Grant. They are known as Crown Grant roads
and are actually public roads although their position (being unsurveyed) is doubtful.
In some cases, especially in areas to the north and east of Midland, Crown Grant roads have been
described on old Plans as ‘Government Road’ to distinguish them from unsurveyed private roads.
Refer plan example 30 where an original Crown Grant road is depicted.
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14. Easements, Covenants,
Notifications and Other Interests
Introduction
Chapter 14 covers the broad range of interests that affect land and details the
appropriate methodology for their registration.
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14.1
Schedule of Interests and Notifications
Under SmartRegister, Plans prepared by surveyors have an increased role as the Plan is used to
provide the graphic for the Title. Deposited Plans need to mirror (reflect) the Register. It is
necessary for surveyors to bring forward all existing easements and other interests of a spatial
nature ( ie interests that affect only part of a lot) onto new Plans.
To assist in identifying all the interests on a Plan surveyors are to show the details in a ‘schedule of
interests and notifications’. See plan example 2. The schedule is to contain a dividing line where all
interests and notifications being brought forward are listed chronologically above ‘the line’ and all
new interests and notifications are to be shown below ‘the line’ together with any interests being
modified. A parent Title under SmartRegister contains all the ‘live’ interests affecting that Title in the
Second Schedule. Surveyors need to identify the best source for the spatial information of each
interest and accurately plot the interests on the Plan and include the item in the ‘schedule of
interests and notifications’.
The heading of the schedule should always be ‘INTERESTS AND NOTIFICATIONS’ regardless of
whether it may contain only interests or notification/s.
See Appendix 8 for a ready reference giving examples of how to present many of the various types
of interests and notifications.
14.2
Terminology for Amending Easements
The following terminology applies to the modification or removal of easements. This terminology
should be reflected on Plans where applicable and within the Surveyor’s Report.
14.3
•
Easements created under section 167 of the Planning and Development Act 2005 – require
an application to ‘Extinguish’ or ‘Vary’ under section 167(4)
•
Easements created under section 136C of the Transfer of Land Act 1893 – require an
application to ‘Discharge’ or ‘Modify’ under section 136J
•
Easements created by document – require an application to ‘Surrender’ or ‘Vary’.
Content and Structure of the Interests and Notifications
Schedule
To provide better clarity and assist in the processing of Plans surveyors are to structure the
schedule for interests and notifications in the following manner:
14.3.1
Existing Interests Being Brought Forward– shown above ‘the line’.
It is only necessary to bring forward interests that affect part of a new lot and it is preferred that
these be listed in chronological (i.e. registration) and priority order. The interests currently excluded
from this requirement are mortgages, leases, licenses and caveats.
Existing interests that affect whole parcels should not be shown within the schedule as these are
automatically carried forward within SmartRegister. Memorials and notifications must not be shown
above the line unless there is a spatial component that needs to be depicted.
Mineral reservations must not be shown above the line on Deposited Plans unless there is a spatial
component that needs to be depicted.
Profit A ‘Prendres existing over a lot are to be brought forward. Where the Profit A ‘Prendres were
created on an Interest Only Plan, there position must be shown graphically, with no dimensions
required, and a note in the Comments column of the Interest & Notifications Table on the Plan
referring to the creating Plan for dimensions / coordinates. These dimensions / coordinates MUST
be shown on the CSD FILE (refer to Plan Example 11).
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14.3.2
New Interests and Notifications being depicted- shown below ‘the line’
Appendix 8 shows which new Interests and Notifications are to be shown in the “heading” of the
Deposited Plan.
These should be listed using the following order of priority.
14.3.2.1
New Interests
•
Easements created on the Plan under section 167 of the Planning and Development Act
2005.
•
Easements created on the Plan under Part IVA of the Transfer of Land Act 1893 and/or
section 5D of the Strata Titles Act 1985.
•
Covenants created on the Plan under Part IVA of the Transfer of Land Act 1893
•
New Easements to be created by document as part of the subdivision where the Plan
depicts the spatial extent of the easements.
•
Other new Covenants to be created by document as part of the subdivision where the Plan
depicts the spatial extent of the covenants.
•
Other interests (excluding automatic memorials) to be created by document as part of the
subdivision. Mortgages, leases, licenses, profits a prendre and caveats are not to be
included in the schedule.
**(Insert a dotted line here to separate the new interests from the new vestings and notifications).
14.3.2.2
New Vestings
•
Lots to be vested in the Crown under section 152 of the Planning and Development Act
2005.
•
Notifications under section 70A of the Transfer of Land Act 1893.
•
Notifications under section 165 of the Planning and Development Act 2005.
•
Automatic Memorials under section 67B of the Water Agencies (Powers) Act 1984 or section
62D of the Water Boards Act 1904.
•
On a Plan where there are a large number of interests and notifications to be listed and it is
necessary to use more than one schedule, headings should be added to the schedules to
clarify whether the items listed are existing or new. See plan example 17.
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14.4
Un-dimensioned Memorials and Notifications
Where possible surveyors should attempt to avoid situations where memorials and notifications of
a spatial nature are depicted on Plans without dimensions. In situations where it is not possible to
provide dimensions for memorials and notifications that affect a portion of a lot (e.g.. conservation
areas) the document needs to contain a sketch of the likely affected area. The memorial or
notification needs to be listed in the ‘Interest and Notification Schedule on the Plan with the
notation ‘As to Portion Only – Refer document’ placed in the Comments field of the schedule See
Plan Example 86.
When bringing forward un-dimensioned memorials and notifications that are near or over new
boundaries, surveyors should consider the intent of the document and use the best evidence
available to ensure that intent is maintained. This may require ground proofing or the use of aerial
photography to identify the area and location of the land, the subject of the document creating the
memorial or notification. In many cases, the originating agency will have digital data available that
will assist in bringing forward an interpretation of the spatial extent.
As a general rule Landgate will not accept for registration any easement or restrictive covenant
affecting part of a lot unless it is accurately defined by dimensions.
Where a Part IVA of the Transfer of Land Act 1893 ‘Short Form’ easement is being created on a
new Plan of subdivision (with or without an instrument) its purpose must be described as per the
relevant easement type listed in Column 1 of Schedule 9A of the Transfer of Land Act 1893. Rights
of carriage-way created under section 136C of the Transfer of Land Act 1893 must be described
in the schedule of interests and notifications as ‘Rights of Carriage-way’. Any Part IVA easements
that do not use Schedule 9 or Schedule 9A must be described in the schedule of interests and
notifications as ‘Easement’ only.
14.5
Multiple Section 167 Easements
Where two or more existing and/or new section 167 easements need to refer to the same
regulation number an additional capital letter should be added to the label outside the circle
surrounding the regulation number.
It is intended that this requirement applies in situations where there are new and/or existing
easements with the same regulation number that need to be distinguished individually on a new
Plan. The need to make this distinction would normally only be necessary where the multiple
easements affect a single lot.
Plan Example 87 illustrates a situation where there was a need for the easements to be labelled
separately. See also chapter 14.20.
14.6
Private Rights of Way and Implied Rights
Surveyors must only bring forward within the Interests and Notifications Schedule those private
rights of way that are labelled ‘ROW’ and coloured brown on the original subdivision Plan that
created them being the subject of section 167A of the Transfer of Land Act 1893 that affect part of
a new lot.
Where abutting land is coloured brown on the original subdivision Plan but not labelled ‘ROW’ it
must be labelled exactly as it was shown on the original Plan together with the comment:
“coloured brown on plan/dia ………”
Under no circumstances should any possible implied rights arising from these situations be brought
forward and included within the schedule of interests and notifications. See Plan Example 10, 12,
15, 48, 94 and 96.
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14.7
Bringing Forward Unregistered Easements
Except as outlined below surveyors are required to bring forward onto new Plans any unregistered
interests that can be identified from ‘Interest Only’ Plans lodged with Landgate. The new Plans will
be placed In Order for Dealings subject to the registration of the particular interest.
This requirement does not apply in situations where there is no intention for the interest on the
Interest Only Plan to be registered. In this case, a request to have the Interest Only Plan cancelled
must be made using the Surveyors Report.
Implied rights-of-way, that affect part of a new lot (see section 167A of the Transfer of Land Act
1893) that have not been extinguished must be brought forward onto new Plans and listed in the
schedule of interests and notifications. See chapter 14.6. The lots within the subject of the Plan that
have an implied benefit of the easement are to be shown in the schedule under ‘Benefit To’. It is
possible for lots appurtenant to a private Right of Way to have both expressed and implied
easement benefits over the Right of Way. Where expressed rights exist the Titles are endorsed
with the appropriate description. Implied easements over private Rights of Way are endorsed on
SmartRegister Titles only. Titles not yet captured for SmartRegister depict the easement by
implication on the sketch in the Title. Surveyors will need to bring forward onto new Deposited
Plans any implied easements created by section 167A of the Transfer of Land Act 1893 that affect
part of the subject of the Plan. Plan example 21 shows expressed and implied easements over an
abutting private Right of Way.
The Planning and Development (Easement) Regulations 1983 require section 167 Easements on
Plans to be labelled with the appropriate regulation number within a circle and the associated
purpose shown. It is preferred that all other easements be labelled with a capital letter. The use of
labels like ‘E-1’, ‘E-2’ etc is also acceptable. The labels used in the graphic area of the Plan are
also to be shown in the schedule of interests and notifications. See chapter 14.20.
Easements that are created in documents and depicted on Plans must be referred to in the
schedule as ‘Easement’ only.
Easements/Restrictive Covenants created pursuant to legislation must include a reference within
the schedule to the section of the Act (or Regulation) under which they are created.
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14.8
Transmission Line Easements
Surveyors are expected to liaise with the Service Provider and the developer about the timing of
the Plan and document lodgement to avoid delays during plan audit.
Surveyors are also referred to chapter 7.5 for cases where Interest Only Plans are required.
Transmission line easements are to be included in the Interests and Notifications schedule on the
Deposited Plans as follows:
•
Subject:
Relevant Label
•
Purpose:
Easement
•
Statutory Reference:
Energy Operators (Powers) Act 1979
•
Origin:
Doc ( )
•
Land Burdened:
Relevant Lots affected by easement
•
Benefit To:
Name of relevant body (e.g. Western Power Corporation)
Plans that include such easements will be placed ‘In Order for Dealings’ subject to Energy
Operators (Powers) Act 1979’. See plan example 19.
Easements over Western Power distribution lines are to be depicted and notated as easements
under section 167 of the Planning and Development Act 2005.
The most important feature of an Energy Operations (Power) Act 1979 easement, unlike other
easements, is that buildings are a permitted encroachment within the easement area.
When depicting these easements on Deposited Plans (including Interest Only plans) or
Strata/Survey-Strata Plans, the following should be noted:
•
Where the parent lot has no building or structure encroaching into the easement area, the
Subject in the Interest and Notification Schedule should be labelled with an Alpha character.
For example “A”. No comments are required in the Comments field.
•
Where a building or structure does exist within part of the easement area or where a building
is proposed to be built within the easement area, surveyors should separately define these
areas.
•
Within reference to the figure below, “A” and “B” have been adopted for the encroaching
buildings and “C” has been adopted for the balance of the easement area. The surveyor
may choose to make a comment in the Comments field such as “Building envelope denoted
“A” and “B” included in easement area”. The deed will specify details of “A”, “B” and “C”.
The intention of this type of easement by Electricity Networks Corporation is to control the entire
easement area and all structures within that area. Where structures do exist, surveyors should
include Cross Sections/Elevation Drawings on the Plan displaying RLs defining the vertical extent
of the encroaching structure(s). For a complex example see plan example 109.
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©
CROSS SECTION “X”-“X”
NOT TO SCALE
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Extract from Energy Operators (Powers) Act 1979 document
AGREE THAT IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) paid to me/us on
the execution of the GRANT by Electricity Networks Corporation, a body corporate pursuant
to the Electricity Corporations Act 2005 (“the Act”) of 363-365 Wellington Street, Perth in the
State of Western Australia (“the Grantee”, which expression includes the successors and
assigns of Electricity Networks Corporation). I/WE TRANSFER AND GRANT to Electricity
Networks Corporation full right and liberty for Electricity Networks Corporation from time to
time and at all times thereafter, to enter in, upon, under, over and across ALL THAT portion
of Land denoted ‘A’, ‘B’ & ‘C’ as shown on Deposited Plan …. Version 1 (“the Easement”)
and to remain on and occupy the Easement at all times for so long as is necessary for
Electricity Networks Corporation to:

(a)
clear and keep the easement clear of trees, shrubs, vegetation and other
growth;
(b)
break, excavate (to the depth necessary), remove timber, vegetation, soil,
earth, gravel and stone upon Easement; and
(c)
set up, lay down, establish, maintain, utilise and operate and at any time,
inspect, service, maintain, repair, replace, alter or remove the system electricity
Transmission Works named and described in the Schedule and all of the
Works and Undertakings which now or in the future form part of these
Transmission Works.
(g)
the improvements denoted with the letter ‘A’ & ‘B’ on sheet 1 of Deposited
Plan…. Having the dimensions in sheet 1 of Deposited Plan …. are permitted
encroachments within the easement and the easement does not extend to
permit entry to or use of any part of the interior of the improvements, by
Electricity Networks Corporation.
(k)
Improve, enlarge or alter any of the pre-existing buildings, structures and
Improvements denoted A and B on Deposited Plan ……. Version 1 without the
prior written consent of Western Power Corporation, which Western Power
Corporation shall be under no obligation to grant and then upon those terms
and conditions, if any, which Western Power Corporation may determine.
Note:
The document refers to Deposited Plan ….. Version 1. If for whatever reason, there is the need for
a version change to the Deposited Plan, Electricity Networks Corporation will need to be notified so
they can update the document to refer to the correct version.
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14.9
General
Where Instruments are used to define a ‘term’, an expiry date should be specified in the
‘comments’ column.
Where a parcel of land is being subdivided, it is important for the surveyor to ensure that the
burden of existing easements and covenants that affect that parcel of land (i.e. within the subject of
the Plan) are shown in the schedule. A surveyor must not seek to interpret or modify the
endorsement that is shown on the existing Title and instrument that is being referred to in the
schedule on the Plan.
It is only necessary to bring forward (into the schedule) a benefit to land within the Plan if that
benefit has a spatial nature that exists on a sketch in a paper title or in a document, or on a
previous Plan and that benefit needs to be depicted on the Plan. An example of a situation where
there is a need to show a benefit over land inside the Plan is where a new lot contains land that
was formerly within two previous lots and only one of those former lots had a benefit that is to be
brought forward. An implied easement under section 167A of the Transfer of Land Act 1893 that
affects part of a lot is also an example of a situation where the benefit needs to be shown in the
schedule and the appurtenance of the private right-of-way needs to be depicted on the Plan (see
chapter 14.7).
It will not be necessary to bring forward onto the schedule any benefit to land outside the Plan
created by existing easements and covenants where the burden of the easement or covenant
affects land inside the Plan. A reference is to be made in the schedule to the relevant parent
document. Where subsisting benefits are associated with easements and covenants in gross, the
beneficiary (as recorded in the original document or Plan) must be shown.
If an existing easement or covenant burdening land outside the Plan is being modified in a spatial
manner by a document to be lodged with the Plan and a benefit inside the Plan needs to be
identified, the benefit of that easement or covenant needs to be shown in the schedule on the Plan
(below ‘the line’).
Table 14.1 lists the elements to be shown in the schedule.
The schedule of interests and notifications can be placed anywhere within the graphic area of a
Plan. Where Plans contain many interests and notifications it may be advisable to place the
schedule on a separate sheet for that Plan. A link should be shown in the schedule to the Plan
sheet/s that shows the relevant interest and/or affected lots.
New Notifications under section 70A of the Transfer of Land Act 1893 and section 165 of the
Planning and Development Act 2005 are to be included in the schedule. Lots burdened by the
notification are to be shown but the ‘benefit to’ column is to be left blank. The description used on
the Plan must match exactly the description used in the notification instrument. If the wording in the
description of the notification is lengthy, the description should not be placed on the Plan (refer plan
examples 14, 16 and 24).
The Water Corporation have requested that when section 70A Notifications are recorded in the
Interests & Notifications schedule of Deposited Plans the name of the Public Authority be recorded
in the ‘Comments’ columns of the schedule (refer plan example 25). This is particularly important in
situations where there may be more than one notification applicable.
Land vesting in the Crown under section 152 of the Planning and Development Act 2005 is to be
shown in the schedule.
Surveyors should avoid overcrowding of the graphic area of a Plan as Landgate is required to
place certain statutory endorsements on the Plan and overcrowded Plans are more difficult to
comprehend. In some situations it may be worth placing all the graphic representations of the
easements and covenants on a separate sheet of the Plan together with the schedule of interests
and notifications.
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Where easements, covenants and notifications (either new or existing) affect only a portion of a lot
being created, the Plan must show sufficient dimensions to unambiguously identify the land
affected.
Where a partial benefit or burden covers a former lot a reference to the former tenure should be
made in the schedule (refer plan example 15). Where any interest or notification, such as a Mineral
Reservation or Soil Conservation encumbrance is not dimensioned a reference to a former lot
should be made where applicable.
Leases and mortgages that have a spatial nature are not to be brought forward onto new
Deposited Plans. This applies in all cases even though sketches on original Titles may show the
extents of such interests over the subject land.
Table 14.1: Interests to include in Schedule
Type
Where
Show on Schedule
Existing Burden
Inside Plan
Yes
Existing Burden
Outside Plan
No
Existing Benefit
(Burden Inside)
Inside Plan
Only if Spatial Element in
graphic (i.e. sketch in
paper title or document,
or previous plan)
Existing Benefit
(Burden Inside)
Outside Plan
Only if Easement or
Covenant in Gross
Refer to original plan or
document if necessary
Existing Benefit
(Burden Outside)
Inside Plan
Only if Spatial Element in
graphic (i.e. sketch in
paper title or document,
or previous plan)
Eg. Benefit to only part of
new lot.
S167A Implied
Easements also
Existing Benefit
(Burden Outside)
Outside Plan
N/A
New/Modified
Burden
Inside Plan
Yes
New/Modified
Burden
Outside Plan
N/A
New/Modified Benefit
(Burden Inside)
Inside Plan
Yes
New/Modified Benefit
(Burden Inside)
Outside Plan
Yes
New/Modified Benefit
(Burden Outside)
Inside Plan
Only if Instrument
Lodged with Plan
New/Modified Benefit
(Burden Outside)
Outside Plan
N/A
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Comments
Refer to original plan or
document if necessary
Would require a plan for
land being burdened as
well
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14.10 Interests Brought Forward on Plans
Where it is necessary to bring forward an interest onto a new Deposited Plan of subdivision the
depiction of that interest may require an interpretation by the surveyor of the original registered
instrument, deed or document.
The endorsements of interests on Certificates of Title refer to the instrument, deed, document, Plan
or diagram creating them. Reference should always be made to the instrument, deed, document,
Plan or diagram to obtain complete graphical and written information. Surveyors should also refer
to the previous paper Titles for graphical information.
Back-captured SmartRegister Titles will normally refer to the previous paper Title as the primary
source of the relevant graphic for those Titles. Surveyors should always refer to those previous
Titles for graphical information.
The surveyor is entirely responsible for the interpretation of which lots are burdened or benefited
especially when an interest comes into close proximity to new lot boundaries created on a new
Deposited Plan.
See plan example 98.
14.11 Bringing Forward Anomalous Interests on Plans
The following advice supersedes Notice to Surveyors T2/2002.
Where surveyors encounter anomalies when bringing forward interests of a spatial nature onto new
Deposited Plans and Survey-Strata Plans, the following practices need to be followed.
The anomalous situations that can occur include those where there are discrepancies/omissions in
dimensions in the:
•
original document creating the interest
•
graphic/s on the Certificate/s of Title
•
original document with the same dimensional discrepancies/omissions in the title graphic/s
•
original document with different dimensional discrepancies /omissions in the title graphic/s
A further situation that can occur is where a modern survey has determined more accurate
dimensions for boundaries of parcels and these dimensions conflict with the dimensions for
interests intersecting with or related to parcel boundaries depicted in sketches shown in original
documents and/or paper Title graphics.
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For reference purposes we have described each of these situations as a ‘type’ of anomaly.
Type A
Where a modern survey has determined more accurate dimensions for boundaries of
parcels, and those dimensions conflict with the original dimensions for interests intersecting
with or related to the parcel boundaries. This is not considered a problem, but it is
considered desirable that the parties to the interest are notified about the updated
dimensions when the differences are significant
Type B
The Title is consistent (that is appears correct) within itself and differs from the document
which is consistent within itself. It will be necessary to determine which is correct, although
some examples show that this occurs when a compensating error was made on the Title
sketch. If the Title is found to be wrong, it will be a Landgate responsibility to match the Title
with the document. If the document is found to be wrong the matter will be referred back to
the lodging parties
Type C
The Title is consistent within itself and differs from the document which is inconsistent within
itself. This could have occurred when an error in the document was corrected for the Title
sketch but not in the document. When the differences are significant it is considered
appropriate to notify the parties who may wish to correct the anomaly
Type D
The Title is inconsistent within itself and differs from the document which is consistent within
itself. This could have occurred when an error was made on the Title sketch. This is
considered a Landgate responsibility to match the Title with the document.
Type E
The Title is inconsistent within itself and agrees with the document which is inconsistent
within itself. This could have occurred when an error was made during the preparation of the
document. The sketch in the document was faithfully replicated in the Title. This is
considered the responsibility of the parties to the interest.
Type F
The Title is inconsistent within itself and differs from the document which is inconsistent
within itself. This could have occurred when an error was made during the preparation of the
document and another error was made in the Title sketch. This is considered the
responsibility of the parties to the interest. Although a subsequent error may have been
introduced by Landgate the source document contains discrepancies and this is considered
to be where the primary responsibility lies.
Where the above situations occur surveyors must take into consideration the original intention and
extent of the interest that was registered. For example, if an interest was originally depicted as
extending between two parcel boundaries and a later survey determines more accurate dimensions
for those parcel boundaries causing the interest dimensions to alter, the surveyor should reflect the
improved accuracy in the dimensions of the interest being brought forward.
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14.11.1 Surveyor’s process
Surveyors are expected to use the following process when bringing forward relevant interests:
•
Search the Certificate of Title for a sketch (‘postage stamp’).
•
If the Title sketch is consistent and complete and provides a reliable definition there is no
need to search further and the Title sketch can be used for the spatial definition of the
interest. If the dimensions of the interest are changed because of a more accurate survey
(Type A anomaly), guidelines 1 and 2 (see below) apply.
•
The document may be searched if desired and Landgate is to be advised via the Surveyor’s
Report if any Type B or C anomalies are found.
•
If the Title sketch is inconsistent (contains dimensional discrepancies) and/or incomplete
(obvious omissions such as angles), the document must be searched.
•
If the document is consistent then it can be used for the spatial definition of the interest.
Landgate is to be advised via the Surveyor’s Report if any Type B, C or D anomalies are
found.
•
If the document is inconsistent (types E and F anomalies), Guidelines 3 and 4 are applied as
appropriate. Where the parties to the interest include government agencies or corporate
utilities, surveyors are encouraged to liaise with them and their client as early in the process
as possible to attempt to resolve the discrepancy. In all cases Landgate is to be advised via
the Surveyor’s Report of the anomalies and the actions taken concerning resolution of the
discrepancy.
14.11.2 Guideline 1: Used for Type A anomalies
Where the discrepancy in dimensions between a new Plan and an original graphic is the result of a
more accurate survey of parcel boundaries and the discrepancy does not exceed the rate specified
in section 155 of the Transfer of Land Act 1893 the notation should state:
“The dimensions and position of this type of interest are based on
accurate surveyed alignments.”
14.11.3 Guideline 2: Used for Type A anomalies
Where the discrepancy in dimensions between a new Plan and an original graphic is the result of a
more accurate survey of parcel boundaries and the discrepancy exceeds the rate specified in
section 155 of the Transfer of Land Act 1893 the notation should state:
“The dimensions and position of this type of interest are based on
accurate surveyed alignments as described in field book ______
and an interpretation of document ________.”
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14.11.4 Guideline 3: Used for Type E & F anomalies
Where an anomaly occurs as a result of discrepancies and/or omissions in the original document
and/or graphic/s on Certificate/s of Title and the discrepancy does not exceed the rate specified in
section 155 of the Transfer of Land Act 1893, the surveyor can bring forward the interest using
either:
•
The dimensions recorded in the original document and/or Certificate of Title (no Plan
notation is necessary in this instance), or
•
Dimensions based on an interpretation of the information recorded in the original document
and/or Certificate of Title; the Plan notation in this instance should state:
“Discrepancies/omissions in dimensions found in this type of
interest within section 155 parameters. Resolution of the anomaly
shown in this Plan. See field book ______ and document
_______.’
In situations where it is obvious what the correct dimensions in the original document or title
graphic should be then surveyors must use the second option.
14.11.5 Guideline 4: Used for Type E & F anomalies
Where an anomaly occurs as a result of discrepancies and/or omissions in the original document
and/or graphic/s on Certificate/s of Title and the discrepancy exceeds the rate specified in section
155 of the Transfer of Land Act 1893, the surveyor can bring forward the interest using either:
The dimensions recorded in the original document and/or Certificate Of Title graphic. The
Plan notation (4.1) in this instance should state:
“Discrepancies/ omissions in dimensions found in this type of
interest are included in this Plan as it is impracticable/
uneconomical to resolve the anomaly. Boundary intercepts have
been interpreted. See field book ______ and document _______.
or
Dimensions based on an interpretation of the information recorded in the original document
and/or Certificate of Title. The Plan notation (4.2) in this instance should state:
“Discrepancies/omissions in dimensions found in this type of
interest. Resolution of the anomaly shown in this Plan. See field
book ______ and document _______.”
In situations where it is obvious what the correct dimensions in the original document or Title
graphic should be then surveyors must use this second option.
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14.11.6 Landgate processes
1.
Surveyor lodges DP that includes notations pursuant to Guidelines 1 or 2 (Type A anomaly).
Plan placed In Order for Dealings with no Landgate investigation. Where Guideline 2 applies,
in appropriate cases Landgate will notify the parties to the interest of the situation.
2.
Surveyor advises Landgate of a Type B, C or D anomaly or uses Guideline 3 (type E or F
anomaly) where error <1:500.
Plan placed In Order For Dealings with no Landgate investigation.
3.
Surveyor advises Landgate of a Type B, C or D anomaly where error >1:500.
4.
Plan Auditors to verify surveyors report as soon as possible after lodgement.
While plan being audited and awaiting release to WAPC, Landgate carry out actions to place
subsidiary endorsements on affected certificates of title and notify the registered proprietors
of the burdened and benefited land. The outcome is that the titles will refer to the new
deposited plan as being the sketch that defines the spatial extent of the registered interest.
5.
Surveyor uses guideline 4 (where error >1:500) for a type E or F anomaly.
(i)
(ii)
Where notation 4.1 is used:
(a)
Create Registrar’s Packet as soon as possible after plan is lodged to hold
affected certificates of title; and
(b)
Notify registered proprietors of benefited and burdened land about the situation
and advise on options for rectification such as:
•
Correction of original documents, or
•
Surrender of the interest, and
•
Re-creation of the interests with a new document and deposited plan.
(c)
Plan can be made in order for dealings within a specified timeframe (usually 21
days from receipt of the Registrar’s letter) depending on the response from the
interested parties.
(d)
If the surveyor provides evidence at the time of lodgement that the interested
parties have consented to the use of this notation, with information about the
proposed actions (if any) they are going to take, Landgate will be able to make
the plan in order for dealings without creating a Registrar’s Packet and without
notifying the parties.
Where notation 4.2 is used:
(a)
Create Registrar’s Packet as soon as possible after plan is lodged to hold
affected certificates of title.
(b)
Landgate to seek confirmation from the registered proprietors of the benefited
and burdened land that they have agreed to the resolution shown on the
deposited plan.
(c)
Plan can be made in order for dealings within a specified timeframe (usually 21
days from receipt of the Registrar’s letter) depending on the response from the
interested parties.
(d)
If all consents have been lodged with the plan, the plan can be made IOFD in
the normal process.
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14.11.7 Notation/s
Notation/s are to be included in the ‘comment’ column of the Interests and Notifications Schedule if
there is sufficient space available. Where there is insufficient space available in the Schedule of
Interests then a reference (e.g.. See plan examples 23 and 97) in the ‘comment’ column to the
notation included in the graphical area of the plan may be used.
Table 14.2 can be used as a ready reference for the types of anomalies that can occur and the
various actions that need to be taken.
14.11.8 Field Records
Surveyors must disclose the anomalous situation by recording the following information in a field
book lodged at Landgate:
•
A sketch indicating where the error/s, omission/s or discrepancies are situated
•
Details of any miscloses
•
A reference to the document/s and/or Certificate/s of Title where incorrect or discrepant
information is recorded
•
Where the surveyor makes an assessment of the information and is able to resolve the
problem, the field book must include a report on how the matter has been resolved
•
Where the surveyor makes an assessment of the information and is unable to resolve the
problem, the field book must include a statement as applicable that it was impracticable or
uneconomical to resolve the anomaly. The field book must also record how all boundary
intercepts were determined.
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14.11.9 Contacts
The following details are provided to assist surveyors in making contact with the government
agencies and corporate utilities that are parties to anomalous interests.
Alinta Gas
Ian Gill
Contracts & Resource Management
Alinta Network Services Pty Ltd
Ph. 9486-3706
Email ian.gill@alinta.net.au
Main Roads
Colin Nicholls
Land Project Coordinator
Property Management Branch
Main Roads Western Australia
Ph. 9323 4333
Email colin.nicholls@mainroads.wa.gov.au
Water Corporation
Phil Bland
Acting Manager Acquisitions
Corporate Real Estate Branch
Ph 9420 2834 Fax 9420 3730
Email phil.bland@watercorporation.com.au
Department of Agriculture and Food
Judy Dean
Office of the Commissioner
Soil and Land Conservation
Ph. 9368 3282 Fax 9368 3654
Email jdean@agric.wa.gov.au
Department of Environment and Conservation
Nature Conservation Covenant Coordinator
Locked Bag 104
BENTLEY DELIVERY CENTRE WA 6983
Ph. 9334 0477 Fax 9334 0199
Heritage Council of Western Australia
George Poppas
Land Information Officer
Ph. 9220 4114
Email mailto:gpoppas@hc.wa.gov.au
Western Power
Peter Bloxsome
Engineering Officer
Environment and Land Management
Ph. 9326 4686 Fax 9225 2078
Email peter.bloxsome@westernpower.com.au
Western Power
Kelly Young
Settlement and Conveyancing Officer
Environment and Land Management
Ph. 9326 6730 Fax 9225 2057
Email kelly.young@westernpower.com.au
Also, surveyors may contact Richard Browne, Chief Inspecting Surveyor, by telephone on 9273
7422, via Fax on 9273 7669 or via email at richard.browne@landgate.wa.gov.au if they have any
concerns or queries either about this matter in general or specific cases with which they are
dealing.
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Table 14.2: Anomalous Interests
This table summarises the types of anomalies and the various actions that could occur.
Anomaly
Description
Surveyor
Landgate
Interested
parties
Type A
More
accurate
survey
Difference
<1:500: Use
guideline 1
Plan IOFD with no investigation
or other actions
N/A
Difference
>1:500: use
guideline 2
Manager Cadastral Subdivisions
to notify parties in appropriate
cases
Response not
sought or
expected
Adopts
document.
Notifies
Landgate via
Surveyor’s
Report of type
B anomaly
Difference <1:500: Plan IOFD
with no investigation or other
actions.
N/A
Title wrong- Difference >1:500:
Auditors check; Plan IOFD; notify
parties; endorsement on title to
refer to plan
Response not
sought or
expected
Document wrong- Difference
>1:500: Auditors check; notify
parties; Plan IOFD; endorsement
on title to refer to plan
Respond
appropriately
to advice from
Landgate
Difference <1:500: Plan IOFD
with no investigation or other
actions.
N/A
Difference >1:500: Auditors
check; Notify parties; Plan IOFD
unless objection; endorsement
on title to refer to plan
Respond
appropriately
to advice from
Landgate
Difference <1:500: Plan IOFD
with no investigation or other
actions.
N/A
Difference >1:500: Auditors
check; Plan IOFD; notify parties;
endorsement on title to refer to
plan
Response not
sought or
expected
Type B
Type C
Type D
Title right;
Document
right; Title
not equal to
document
Title right;
Document
wrong; Title
not equal to
document
Adopts title.
Notifies
Landgate via
Surveyor’s
report of Type
C anomaly
Title wrong;
Document
right; Title
not equal to
document
Adopts
document;
Notifies
Landgate via
Surveyor’s
report of Type
D anomaly
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Table 14.2: Anomalous Interests (cont.)
Anomaly
Description
Surveyor
Landgate
Interested
parties
Types E
Title wrong;
Document
wrong; Title
equal to
document
Difference
<1:500: Use
guideline 3
Difference <1:500: Plan IOFD
with no investigation or other
actions.
N/A
Difference
>1:500: Use
guideline 4
If Notation 4.1: RP, Notify
parties; Plan IOFD unless
objection
Respond
appropriately to
advice from
Landgate
If Notation 4.2: RP, Confirm
resolution with parties, unless
all consents with plan; Plan
IOFD unless objection;
endorsement on title to refer
to pl an
Respond
appropriately to
advice from
Landgate
Difference
<1:500: Use
guideline 3
Difference <1:500: Plan IOFD
with no investigation or other
actions
N/A
Difference
>1:500: Use
guideline 4
If Notation 4.1: RP, Notify
parties, unless all consents
with plan; Plan IOFD unless
objection
Respond
appropriately to
advice from
Landgate
If Notation 4.2: RP, Confirm
resolution with parties unless
all consents with plan; Plan
IOFD unless objection;
endorsement on title to refer
to plan
Respond
appropriately to
advice from
Landgate
Type F
Title wrong;
Document
wrong; Title
not equal to
document
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14.12 Bringing Forward Section 27A of the TP & D Act
Easements and Section 12A of the TP & D Act
Notifications
The Town Planning and Development Act 1928 (TP & D Act) was repealed on 9 April 2006 and
replaced by the Planning and Development Act 2005 (P & D Act).
Easements formerly created under section 27A of the TP & D Act are now created under section
167 of the P & D Act, and notifications formerly created under section 12A of the TP & D Act are
now created under section 165 of the P & D Act.
The transitional provisions of the P & D Act did not mention section 27A easements or section 12A
notifications and did not provide that references to those easements and notifications were to be
replaced by references to section 167 easements or section 165 notifications. Therefore,
easements originally created under section 27A of the TP & D Act and notifications originally
created under section 12A of the TP & D Act before the repeal of the TPDA should still be referred
to in the same manner on plans, diagrams, certificates of title and so on, even if those plans,
diagrams and certificates of title are replaced or superseded by new or amended versions. In other
words, they should be described as section 27A TP & D Act easements and section 12A
notifications.
The references on deposited and strata plans, particularly within the interests and notifications
schedule, to section 27A easements and section 12A notifications must be made where they have
been created before the repeal of the TP & D Act. They should not be changed to refer to section
167 or section 165 respectively of the P & D Act.
The Interests and Notifications ready reference at Appendix 8 shows the correct format for bringing
forward section 27A easements and section 12A notifications.
The beneficiary of these types of interests must be brought forward as shown on the original Plan.
If for instance the beneficiary was ‘WAWA’, then this must be shown in the ‘Benefit To’ column of
the schedule and not updated to ‘Water Corporation’
14.13 Bringing Forward Encumbrances- Interests (Burdens &
Benefits)- on Crown Land Amalgamation Plans
Section 87(5) (a) of the Land Administration Act 1997 states that where the whole or part of a
parcel of Crown Land is amalgamated with adjoining Freehold Land and ‘if the adjoining land is
subject to any encumbrance, that parcel or part becomes subject to that encumbrance as if it had
been part of the adjoining land when that encumbrance was created’. When bringing forward
encumbrances (interests) with a spatial extent on Crown Land Amalgamation Plans, the
requirements of this section must be followed when depicting the extent of any encumbrances.
Leases and mortgages that have a spatial nature are not to be brought forward onto new
Deposited Plans (see chapter 14.1).
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14.14 Easements and Covenants Created on Plans
Part IVA of the Transfer of Land Act 1893 (TLA) enables the creation of easements and restrictive
covenants by notations on both Crown and Freehold Survey Plans.
The following easements in short form, as prescribed in Schedule 9A of the TLA can be created on
the Plan:
•
An easement for a right of footway.
•
An easement for water supply purposes.
•
An easement for drainage purposes.
•
An easement for gas supply purposes.
•
An easement for the transmission of electricity by overhead cable.
•
An easement for the transmission of electricity by underground cable.
•
An easement for the transmission of television signals by underground cable .
•
Party wall rights.
•
An easement for eaves and gutters.
•
An easement for sewerage purposes.
•
An easement for motor vehicle parking.
Where there are no other conditions than those in Schedule 9A there is no requirement to lodge an
instrument with the Plan.
Schedule 9 of the TLA provides a short form for a right of carriage-way created under section 136C
of the TLA (see section 65(2)).
An easement created under section 136C of the TLA cannot burden land outside the Plan but it
may benefit land outside the Plan.
Where a Part IVA of the TLA ‘Short Form’ easement is being created on a new Plan of subdivision
(with or without an instrument) its purpose must be described as per the relevant easement type
listed in Column 1 of Schedule 9A of the Transfer of Land Act 1893. Rights of carriage-way created
under section 136C) of the TLA must be described in the schedule of interests and notifications
as ‘Rights of Carriage-way’. Any Part IVA easements that do not use Schedule 9 or Schedule 9A
must be described in the schedule of interests and notifications as ‘Easement’ only.
Easements in gross under section 136C of the TLA can only be created in favour of a local
government or a public authority. Such easements cannot be created in favour of private
corporations such as Alinta Gas, Water Corporation etc. A restrictive covenant can be created by a
notation on a Plan under section 136D of the TLA. See plan example 2. The terms of the covenant
must be set out in an instrument lodged in relation to the Plan.
Surveyors should avoid extending a benefit of an easement or covenant to many lots outside the
subject of the Plan as all the duplicate Titles of all the lots with the benefit have to be obtained
together with the written consent of anyone with a registered interest in the land. Where the lots
receiving a benefit have separate proprietors with different encumbrances (e.g.. mortgages),
obtaining consents and duplicate Titles becomes impracticable. Where an access easement is
required consideration should be given to changing the easement to a public access easement
granted to the local authority under section 136C of the TLA or sections 195 and 196 of the LAA.
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Easements that can be created automatically under section 167 of the Planning and Development
Act 2005 detailed in the Planning and Development (Easement) Regulations include:
Reg 33a
Easement in favour of a Local Authority for drainage access to drainage works or Sewerage
Reg 33b
Easement to Water Corporation for water supply, sewerage or drainage or access to water
supply, sewerage or drainage works
Reg 33c
Easement to Electricity Generation Corporation, Electricity Networks Corporation, Electricity
Retail Corporation or Regional Power Corporation for electricity supply
Reg 33d
Easement to WA Gas Networks Pty Ltd (or other holder of a distribution licence under the
Energy Coordination Act 1994)for gas easement
Reg 33e
Easement to holder of a license for the purpose of the supply of a utility service or access to
a utility service. (Easement- Telecommunications Supply Service- e.g. Telstra)
An incorrect or ambiguous statement may not be detected during Plan audit. But after the covenant
document is lodged and the Plan is dealt on the inconsistency between document and Plan will
cause a requisition and a delay to the dealing. Worse, not all documents are correct when lodged
and a combination of multiple mistakes on the Plan statement and a mistake in the covenant
document increases the risk of a mistake escaping detection and seriously disadvantaging a
purchaser or the developer.
It is vital that the surveyor communicates well with the developer and/or the conveyancer before a
136D statement is placed on the Plan and the surveyor must contribute their expertise to the
consultations.
Exact words or expressions only, must be used in a 136D statement. Even the use of accepted
legal terms may be incorrect, so words must be used selectively and specifically. The intention
must be clear and unambiguous, even if that means using longer explanations or repetition. The
term ‘the said lots’ should be avoided where possible as it can be ambiguous.
If there are two or more documents for the covenants on the Plan and they are lodged before the
Plan is dealt on, the draftsperson must understand enough to match the right document number to
each covenant statement. Transpositions have occurred and this reduces the statements to
nonsense or worse. A copy of the lodged documents and the Plan must be obtained and
annotations thoroughly checked.
Lots to vest in the Crown under section 152 of the P and D Act must not be burdened or benefited
by a covenant (see chapter 14.15). This is a common mistake (on both Plans and documents)
which invariably delays dealings.
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Where plans include restrictive covenants under section 136D of the Transfer of Land Act 1893,
surveyors must lodge a copy of the covenant document with the Form 1C at WAPC. Note that
WAPC has advised that if a covenant document includes a provision that in any way limits any
future subdivision of a lot then the plan will not be approved by the WAPC.
Lots to vest in or to be transferred to, the Crown other than by section 152 of the P & D Act must
not be burdened or benefited by the covenants (see chapter 14.15). These may include padmount
sites, depending on the developer’s intention. In any case padmounts do not normally receive the
burden or benefit of covenants.
A 136D statement on a Plan cannot burden lots that are not on that Plan. See plan examples 2, 22,
24 and 25.
In most of the cases of mistaken 136D statements detected, although the 136D covenant
document was registered as a part of the first dealing, the document had been prepared before the
Plan was certified correct.
The frequency of mistaken and ambiguous statements and the potential for serious consequences
are such that it is recommended that surveyors and solicitors co-operate to provide a covenant
agreement and plan that match and meet their client’s requirements.
14.15 Easements in Gross
‘Easements in Gross’ are very common as Service Authorities recognise the importance of
protecting their interests over Crown and Freehold Land.
Also, with the increased regional development of the State private companies are requiring
easements for projects such as transmission lines and gas pipelines. These projects are developed
in close consultation with Landgate thereby enabling precise definition of parameters for each of
them (including survey specifications). An example is the Pilbara-Goldfields Gas Pipeline.
The Spatial Cadastral Database (if spatially upgraded) can be used in conjunction with surveys
carried out under either General Regulation 26A or LAA regulation 21(1) to define casements for
extensive easements in gross. The Inspector of Plans and Surveys or an Authorised Land Officer
must be consulted to obtain prior approval before this method of definition can be used.
See plan example 23 for an example of how to show easements in gross on subdivisional Plans.
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14.16 Easements in Favour of the Public
Easements for the public at large may be created under Sections 195 and 196 of the Land
Administration Act 1997. These easements are usually used in shopping centres and provide
greater flexibility than rights of way and pedestrian access ways created under section 152 of the
Planning and Development Act 2005 .See plan example 34.
Section 195 of the LAA makes provisions for easements in gross to the State of Western Australia,
a State Instrumentality, Statutory Body Corporation or Local Government.
Section 196 of the LAA further allows the creation of a “public access easement” to the “Public at
Large”. This is achieved in conjunction with section 195 of the LAA by the lodgement of a
document at Landgate.
Surveyors are reminded that:
•
Full details of the easement needs to be shown in the Interest and Notifications schedule
whether the easement exists above the line or below the line (see the example below).
SUBJECT
A
PURPOSE
STATUTORY
REFERENCE
ORIGIN
LAND
BURDENED
BENEFIT TO
EASEMENT
SEC 195 &
196 OF THE
LAA
DOC……..
Lot 123
CITY OF
MANDURAH
AND THE
PUBLIC AT
LARGE
COMMENTS
•
Public Access Easements can not be created under section 136C of the TLA. Sections 195
and 196 of the LAA must be used in all cases
•
Public Access Easements can be created on Deposited Plans (including Interest Only plans)
and Strata Plans in support of a document
14.17 Crown Easements
Under Part 8 of the TLA the Minister may grant easements over Crown land (whether reserves or
not) to permit works in, upon, through, over or under such land. Examples of these are easements
allowing the passage of persons, the provision of sewerage, gas or water pipelines, electrical
cables etc, as well as to allow the maintenance of any structure, plant or equipment. There are over
1,000 easements currently registered and most of these are in relation to pipelines of one form or
another.
Many easements have also been created over Crown land pursuant to the Petroleum Pipelines Act
1969.
A request for an easement should be forwarded to the relevant Regional Manager within State
Land Services at RDL. See plan example 61.
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14.18 Implied Easements
Section 167A of the Transfer of Land Act 1893 states that every private right-of-way shown on a
plan of subdivision shall, unless the contrary is stated, be deemed an easement appurtenant to the
land in the Plan that abuts the right-of-way.
Where an implied easement is created on a Plan and an abutting lot with the benefit of the implied
easement is subsequently subdivided further, all lots created by the later subdivision retain the
benefit of the easement created by the earlier subdivision even though some of the new lots may
no longer abut the ROW.
Surveyors are to include in the Schedule of Interests and Notifications any section 167A ‘implied’
easements affecting part of a lot on the Plan. Refer chapter 14.1 and plan examples 12, 15 95 and
96.
There are a number of survey documents that have created private roads/access-ways that are not
labelled ‘ROW’ and therefore NOT subject to section 167A. These private roads/access-ways are
coloured brown on the Plan and either not labelled or labelled ‘Entrance’, ‘Gateway’ or other such
variations of descriptive names but are not marked ‘ROW’. (Refer plan example 48).
14.19 Graphical Presentation of Easements
The graphical presentation of easements on subdivisional Plans is as follows:
1.
The extent of the easement must be able to be defined from the Plan.
2.
Easements parallel and adjacent to a boundary may be dimensioned or shown only as ‘...
metre wide parallel easement’.
3.
Irregular easements must be fully dimensioned.
4.
The easement label or regulation number must be cross referenced between the schedule of
interests and notifications and the drawn easements (refer chapter 14.9 also).
5.
Section 167 P & D Act easements are uncoloured in accordance with the Planning and
Development (Easement) Regulations (see chapter 14.14).
6.
Where section 167 P & D Act easements are no longer required they may be removed either
partially or wholly. The person or authority in whose favour the easement is granted must
apply to vary or extinguish the easement under section 167(4) of the Act. Failure to do so will
delay the issue of new Titles.
7.
Where an easement is to subsist or be created over existing pipes that are underground or
within buildings and the precise location of those pipes cannot reasonably be determined
then the approximate positions must be shown on the Plan together with appropriate
notations.
8.
All surveyed and unsurveyed intersecting boundaries must be shown. These intersections
shall include a distance along the intersecting boundary to the nearest corner (drawn - not to
scale - if necessary). Ensure that:
(i)
Distances on unsurveyed boundaries, shown to the nearest metre are prefixed ‘abt’
(about);
(ii)
Unsurveyed pastoral lease boundaries are cast on cardinal bearings;
(iii)
Pastoral lease names/numbers, reserves, Crown allotments, UCL, protected roads,
water features etc. are to be shown as appropriate; and
(iv)
Any SSMs connected to are shown.
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14.20 Labelling of Interests
The Planning and Development (Easement) Regulations 1983 require section 167easements on
Plans to be labelled with the appropriate regulation number within a circle and the associated
purpose shown. See plan example 6. If two or more existing and/or new section 167 easements
need to refer to the same regulation number an additional capital letter should be added to the
label outside the circle surrounding the regulation number.
It is intended that the phrase ‘two or more’ be for two or more separate (usually non-adjacent)
easements using the same regulation number. It is not intended that this practice be used where
an easement crosses a boundary and/or changes direction. The requirement only applies where
new and/or existing easements with the same regulation number need to be distinguished
individually on a new Plan.
It is preferred that all other easements be labelled with a capital letter. The use of labels like ‘E-1’,
‘E-2’ etc is also acceptable.
Ambiguous labelling of easements and covenants is to be avoided. If other components in a Plan
(e.g.. enlargements, cross-sections or access restrictions) require labelling, different letters of the
alphabet should be used.
Restrictive covenants that burden whole lots do not require labelling.
14.21 Interest Only Plans
If the land affected by an interest that is to be registered is only part of the land in a Title then a
Deposited Plan and CSD file of the affected land is required to be lodged to support the relevant
Instrument except in the following cases:
1.
When the interest is a caveat, a freehold lease, or a neighbours bore easement.
2.
When a narrative description referring to a suitable existing Deposited Plan - for example
“as to the portion of land on Deposited Plan ………
labelled…….…”.
3.
When the affected land is part of the land in a Title but is already defined, or can be defined
from a compilation of surveys as a separate severance polygon on the Title and in
SmartPlan, in which case an appropriate description will be required - for example
“as to the portion of land within Certificate of Title Volume …..…
Folio …..… bounded by …..…”.
There is a need for certainty of description of the area of land affected by the interest because only
one of several interest types can be registered over any particular piece of land. For example
carbon rights cannot overlap each other and neither can profits a prendre.
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14.21.1 Requirements for Deposited Plans
Deposited Plans shall be of Type ‘Freehold’ or ‘Crown’ depending upon the tenure of the subject
land. The Purpose shall be ‘Interest’. The ‘Plan of’ section shall be in the form of ‘Carbon
Right/Carbon Covenant/Plantation Interest/Easement and/or other interest over Lot … on DP…’
The current Certificate of Title volume and folio numbers should appear on the Plan either in the
heading or on the graphics. The graphic area shall contain the notation ‘For Interest Purposes
Only’.
As shown in plan example 88, it will generally be sufficient for the position of the area of interest to
be defined by coordinates. The coordinates must be expressed in terms of a standard map grid
maintained by Landgate e.g. MGA94, PCG94. It will be necessary to ensure that the coordinates of
the interest polygon and the coordinates used for plotting the boundaries are compatible.
Compatible coordinates are those where the accuracy of each set of coordinates is similar and
compatible with the relative positions of the relevant entities. If they are not compatible it will be
necessary to provide proof that the interest polygon is completely within the subject land. This can
be achieved in the following ways:
•
by making a geodetic connection to a nearby, verified boundary point and thereby upgrading
the boundary coordinates, or
•
by re-establishment of nearby boundaries and making a connection to the interest polygon
If the first case applies, the upgraded boundary coordinates must be shown on the Plan. If the
second case applies, the connection from the boundary to the interest polygon must be shown by
dimensions and the interest polygon must be defined by dimensions (see plan example 89). Belt
planting of trees can be accommodated by using coordinates as illustrated in plan example 90.
Interest Only Plans are to include an ‘Initial Interests Table’ to list all the interests, whether one or
many, which are expected to be registered initially over the areas of interest depicted in the interest
only Plan. Any other interests existing on the subject land parcel would NOT generally be brought
forward on this Plan unless deemed necessary by the surveyor to provide full disclosure to interest
holders in the case of overlapping or adjacent interests.
The document number will be entered against each listed interest by Landgate at the time of
registration. All subsequent actions concerning interests and the areas of interest such as
surrenders, new interests using the DP etc will be listed in the amendment schedule. Any changes
to the DP other than of administrative status (e.g. IOFD), will cause an increment in the version
number.
Interest Only Plans that support documents for the amendment of an existing interest are to depict
the outcomes of the changes on sheet 1. The extent of the portions of the original interests that are
to be extinguished or surrendered are to be depicted on sheet 2 of the Plan. Additional sheets can
be used as necessary ensuring always that the outcome is on a separate sheet to the
extinguished/surrendered/varied portions.
The Deposited Plans will be subject to a legal audit as part of the Plan registration process to
ensure that the affected land is correctly, clearly and unambiguously defined. When the documents
are lodged the examination process will ensure that the Plan is consistent with the registered
instruments.
Deposited Plans lodged in support of a registered interest will incur the general fee applicable to
plans not requiring deposition with the Western Australian Planning Commission.
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14.21.2 Requirements for CSD files
CSD files are to be created generally in accordance with the CSD User Guide at Appendix 5.
1.
Polytype
This is to be entered as ‘Easement’ or ‘Easement or Interest’ or ‘Interest’ depending on the
application used and the version of that application.
2.
Polyident 1
The following text strings are to be used (exactly as shown here) as appropriate:
Carbon Covenant Benefit
Carbon Covenant Burden
Carbon Right
Caveat
Contaminated Site
Covenant – LAA 15
Easement - doc
Easement - LAA 144
Easement in Gross – LAA 195
Easement - Public Access LAA 196
Easement STA 5D
Easement TLA 136C
Easement TLA 167A
Easement P & D 167 Reg 33a
Easement P & D 167 Reg 33b
Easement P & D 167 Reg 33c
Easement P & D 167 Reg 33d
Easement P & D 167 Reg 33e
Lease
Memorial
Notification
Profit a prendre
Restrictive Covenant– Benefit
Restrictive Covenant Burden
Tree Plantation
3.
Polyident 2
This attribute is to contain the lot number of the affected land.
Interests other than those listed in the table should be entered as a short description of the interest
e.g. mortgage.
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14.21.3 General Matters Concerning Interest Only Plans
It is not possible to create a short form easement or restrictive covenant under Part IVA of the TLA
or an automatic statutory easement under 167 of the P & D Act, on an ‘Interest Only’ Plan.
The ‘Interest Only’ Plans are to be regarded as subsidiary to the parent deed. Where a Deposited
Plan is lodged it is important that the deed does NOT include a sketch of the interest. It must refer
to the lodged Deposited Plan. The process is similar to the current process under Part IVA of the
Transfer of Land Act 1893 where a deed is used in conjunction with an easement or covenant
depicted on a subdivisional Plan.
It is essential that the deed firmly links to the ‘Interest Only’ Deposited Plan. Plans must be lodged
before deeds are prepared to allow the Plan to be audited and placed in order for dealings.
All parties should retain a copy of the signed deed and a copy of the ‘In Order for Dealings’ version
of the Deposited Plan.
If required, the owner may initial an ‘Interest Only’ Plan before it is lodged at the time of signing of
the deed.
Where extensive easements in gross are being created surveyors are to avoid preparing Plans with
more than 4 sheets. In such cases the project should be divided into manageable parts.
Surveyors are to sign the regulation 54 certificate on ‘Interest Only’ Plans. The certification only
applies to the position and extent of the easement or restrictive covenant; it does not relate to the
position of the asset or structure within an easement.
All unnecessary boxes in the Plan title block (i.e. ‘Former Tenure’ and Western Australian Planning
Commission) are to be struck through by a single line. ‘Interest Only’ Plans are to be lodged in the
normal manner and surveyors are to lodge CSD files (that conform with the requirements set out in
Chapter 16) with such Plans. It is essential that Plans be lodged before the associated deed. This
will allow the two documents to be brought together for examination and registration after the Plan
has been validated.
The Plans are shown on the SIP View of SmartPlan and the normal search fees for Plans apply.
Normal lodgement and search fees apply to deeds.
Where the interest has a spatial extent that affects either the whole or part of a lot, that spatial
extent will be depicted in SmartPlan’s Spatial Browse with hachuring and the relevant annotation
label.
Where an interest is completely cancelled only a deed of surrender or similar is required. A Plan
will not be required.
Plan examples 75-84 and 88-92 illustrate the requirements in a variety of situations.
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14.22 Lodgement of Instruments
Where an instrument is to be lodged to support a Part IVA of the TLA easement or restrictive
covenant it must be capable of registration, being in the form of a deed setting out the information
required in Sections 136C and 136D as directed by the Registrar of Titles.
Consents of all parties having a registered interest in, or being a caveator in respect of the subject
land, must be obtained prior to or included with the application for new Certificates of Title. Where
an instrument is used the consents should accompany the instrument.
Where changes are made to a lodged Plan any accompanying instruments must also be amended
in accordance with Landgate registration practices, to reflect such changes to the Plan.
The application for a new Certificate of Title and the easement documentation must be lodged
together.
14.23 Easements and Notifications Over Vesting Land
All interests or encumbrances, other than easements created under section 167 P & D Act, must
have approval from the relevant Regional Manager of the Department of Regional Development
and Land (RDL) prior to submission to the Western Australian Planning Commission.
14.24 Subsisting Crown Easements
Subsisting Crown easements are to be brought forward onto Plans in the same manner as private
easements and statutory easements in gross (refer chapter 14.1).
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14.25 Water Agencies (Powers) Act 1984 Memorials
14.25.1 Taxes and Charges (Land Subdivision) Legislation Amendment Act
1996 (Deferral of Charges and Headworks Contributions)
In an effort to reduce costs and improve the availability of developed residential land, changes
were made to the way the Water Corporation and other water agencies collect water charges and
headworks contributions for newly subdivided land.
The Taxes and Charges (Land Subdivision) Legislation Amendment Act 1996 became effective on
1 July, 1996. The Act amended the Land Tax Assessment Act 1976, the Water Agencies (Powers)
Act 1984, the Water Boards Act 1904 and the Water Services Co-ordination Act 1995.
Developers of residential land may apply to the Water Corporation or other water agencies for:
•
Exemption of charges for residential lots created by subdivision approved by The Western
Australian Planning Commission after 30 June, 1996.
•
Deferral of headworks contributions for subdivisions that have headwork contributions
unpaid after 30 June, 1996.
In order to obtain a deferral of headworks contributions, the developer must agree to a Memorial
being placed in favour of the Water Corporation over each lot where it is proposed to defer
headworks contributions.
The deferral applies only if the lot:
1.
is not serviced and is not a habitable lot,
2.
is created to be used solely or principally for residential purposes, and
3.
has an area of not more than 2000m² or if its area is more than 2000m², is to be used for a
building or group of buildings that:
•
is solely for residential purposes’ and
•
contains a number of separate residential units
Payment is deferred until the lot becomes serviced, becomes a habitable lot or one year passes
after the subdivisional Plan is approved by the Western Australian Planning Commission. For the
purposes of the Act the definition of a lot does not include a lot depicted on a Strata Plan unless it
is a lot in a Survey-Strata Scheme.
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14.25.2 Memorials
The Memorials created by the Act can be either lodged in document form or created automatically
on the lodgement of the subdivisional plan.
14.25.2.1
Manual Memorials
Those lodged in document form will follow the same procedures and costs as for any other
document lodged at Landgate. The land description must make reference to the parent Title and
Plan. The Memorial will be endorsed on the parent Title and brought forward onto the new Titles for
the lots on the plan when an application is lodged.
14.25.2.2
Automatic Memorials
When a plan is lodged with an endorsement that section 67B of the Water Agencies (Powers) Act
1984 or section 62D of the Water Boards Act 1904 applies to certain lots the following will apply:
•
The Surveyor will pay a memorial fee when he pays the survey registration fee.
•
Landgate staff will check that the fee has been paid and if not will issue an invoice to the
Surveyor.
•
The parent Title will be endorsed by Landgate with a notation that either section 67B or
section 62D applies. See plan example 2.
•
When the survey is In Order for Dealings and an application lodged, Landgate will ensure
that the new Titles have a Memorial endorsed upon them.
A plan lodged without an endorsement that section 67B of the Water Agencies (Powers) Act 1984
or section 62D of the Water Boards Act 1904 apply cannot be amended to show such a notation.
The benefit of a headworks deferral can still be achieved by lodgement of a manual memorial.
14.25.2.3
Removing the Manual Memorial
Those Memorials lodged in document form will be removed by the lodging of a Withdrawal of
Memorial form that has been prepared for that purpose by Landgate for use by Water Corporation.
14.25.2.4
Removing the Automatic Memorial
Memorials lodged automatically will be removed by the lodging of an application requesting the
Registrar to remove a Memorial created either by section 67B of the Water Agencies (Powers) Act
1984 or section 62D of the Water Boards Act 1904.
For each Memorial removed the standard registration fee will apply.
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14.26 Notifications of Factors Affecting Use and Enjoyment
of Land
There are three types of notifications created by legislation:
14.26.1 Planning and Development Act 2005
Under section 165 of the Planning and Development Act 2005 (P & D Act), the WAPC may when it
considers it desirable to, have recorded on a Certificate of Title, a notification of a hazard or other
factors that seriously affect the use and enjoyment of the land.
The WAPC can have the notification recorded on the above without the registered proprietors
consent. Section 165 of the P&D Act can be used by the WAPC as a planning condition before it
will give its approval to the plan or Strata Plan.
14.26.2 Transfer of Land Act 1893
Under section 70A of the Transfer of Land Act 1893 (TLA) a local government or public authority,
where they consider it desirable that proprietors or prospective proprietors of land should be made
aware of a factor affecting the use and enjoyment of land, may cause a notification to be recorded
on any affected Certificates of Title;.
The two major differences between the notification under section 70A of the TLA and section 165
of the P & D Act are that the notification under section 70A of the TLA:
•
Is much wider in the factors affecting the use and enjoyment of land that may be recorded. It
is not limited to hazards or factors which seriously affect the use and enjoyment of land, and
•
Consent of the registered proprietor/s is required before the notification can be recorded on
Title
In both cases lots that are affected by a notification are to be described on the Plan in the schedule
of ‘Interests and Notifications’ (see chapter 14.1). The description used on the Plan must match
exactly the description used in the notification instrument. If the wording in the description of the
notification is lengthy it should not be placed on the Plan (see plan examples 3, 14, 16 and 24).
Landgate will make plans that have notifications on them ‘In Order for Dealings’ subject to – (either
Sec 165 or Sec 70A)’. By noting these Sections of the Acts on the Plan and Landgate monitoring
them, WAPC and other agencies will clear Plans prior to instruments being lodged. An instrument
creating the notification must be lodged at the time of application for Titles; otherwise dealings will
be stopped and requisitioned.
Where land that is to vest in the Crown under section 152 of the P & D Act the appropriate
Regional Manager at RDL should be consulted before applying a notification to that land.
14.26.3 Water Services Licensing Act 1995
Provisions in the above Act allow the Minister to make a Transfer Order that transfers the assets of
a Statutory Asset Owner to a Transferee. “Assets” as defined in Section46A of the above Act
means any works, or any other thing used or intended to be used for the provision of irrigation or
drainage services that:
•
is the property of a statutory asset owner; and
•
is upon, in, over or under land that is not the property of the statutory asset owner.
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14.27 The Use of Restrictive Covenants/ Covenants to
Control Access to Roads
If access is to be restricted onto a road as a condition of subdivision by local government or a
public authority, a restrictive covenant in gross should be used- either section 129BA of the TLA
(Restrictive Covenants) or section 150 of the P&D Act (Covenants).
The defined boundary portion affected by the covenant is to be labelled (usually a capital letter)
and the direction between the points is to shown by arrows. Enlargements should be used where
necessary (with the labels added) to clarify the exact position of corners relating to the restricted
boundary portion.
Ambiguous labelling of restrictions is to be avoided. If other components in a Plan (e.g..
enlargements, cross-sections or easements) require labelling, different letters of the alphabet
should be used.
Surveyors are advised that:
•
WAPC may impose a condition under section 150 of the P&D Act that access to and from a
portion of land shown on a plan of survey related to the subdivision to a road abutting the
portion of land is to be restricted.
Section 150 of the P&D Act does not apply to a “future” road/ road widening or a pedestrian
access way. A restriction on access in these cases can be effected by a restrictive covenant
under section 129 BA of the TLA.
•
The notation in the comments field of the Interest and Notifications schedule must specify
the following “to and from”. For example :
No vehicular access to and from Great Eastern Highway.
•
14.27.1.1
All new lots created from the parent lot on a plan of subdivision are burdened by the
restrictive use that was created by the covenant on the parent lot.
Under Section 129BA of the TLA
Under section 129A of the TLA the registered proprietor (developer) makes an agreement with the
local government or public authority to bind himself and all subsequent registered proprietors not to
use a defined portion of the land (usually the boundary between the lot and the road reserve as
defined by points on the Plan) for purpose of access to the road. A document is lodged, Restrictive
Covenant not shown in heading of Plan. See Plan Example 3.1.
14.27.1.2
Under Section 150 of the P&D Act
Similar to above section 129 BA of the TLA- restriction of access is created automatically on the
Plan and referred to as a Covenant. the covenant is shown in the heading of the Plan. See Plan
Example 3.2.
Ambiguous labelling of restrictions is to be avoided. If other components in a Plan (e.g..
enlargements, cross-sections or easements) require labelling, different letters of the alphabet
should be used.
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14.28 Carbon Rights, Carbon Covenants and Tree
Plantations
The Carbon Rights Act 2003 and the Tree Plantations Agreements Act 2003, together with
consequential amendments to the Transfer of Land Act 1893 were proclaimed on 24 March 2004.
These Acts provide statutory recognition of the creation of some new interests in land that will in
most cases where an interest affects part of a lot, involve the preparation and lodgement of
Deposited Plans and Cadastral Survey Data (CSD) files in accordance with chapter 14.21. These
Plans and CSD files are to be lodged by surveyors accredited with the Land Surveyors Licensing
Board as being eligible to verify survey documents.
14.28.1 Carbon Rights Act 2003
The Carbon Rights legislation creates new rights in land that can be registered on the Certificate of
Title for that land. These rights can apply to either Freehold or Crown land and will remain on the
Title until it is surrendered by agreement. Where the Carbon Right interest burdens the land in a
Title it will be shown as a ‘Primary Interest’ in the Second Schedule of the Title in order of priority.
If the land affected by the Carbon Right is only part of the land in a Title then a Deposited Plan and
CSD file of the affected land is required to be lodged to support the Carbon Right Instrument
except in the following cases:
•
When a narrative description referring to a suitable existing Deposited Plan - for example, ‘as
to the portion of land labelled and depicted on Deposited Plan …’, and
•
When the affected land is part of the land in a Title but is already defined or can be defined
from a compilation of surveys, as a separate severance polygon on the Title and in
SmartPlan, in which case an appropriate description will be required - for example ‘as to the
portion of land within Certificate of Title Volume … Folio … bounded by …’
There is a need for certainty of description of the area of land affected by a Carbon Right as only
one Carbon Right Instrument can be registered over any particular piece of land – carbon rights
cannot overlap each other. Land existing as a live polygon or lot on the integrated layer in
SmartPlan provides this certainty of description.
Carbon covenants (which may be positive or negative in nature) may also be registered on the
Certificate of Title. Where the Carbon Covenant interest benefits the land in a Title it will be shown
as a ‘Subsidiary Interest’ to the relevant Carbon Right in the Second Schedule of the Title in order
of priority. The Carbon Covenant must be for the benefit of the entire extent of the Carbon Right.
Where the Carbon Covenant interest burdens the land in a Title it will be shown as a ‘Primary
Interest’ in the Second Schedule of the Title in order of priority. If the Carbon Covenant burdens
only part of the land in a Title then a Deposited Plan and CSD file of the affected land is required to
be lodged to support the Carbon Covenant Instrument, unless either of the exceptions mentioned
above (with respect to Carbon Right instruments) apply.
14.28.2 Tree Plantation Agreements Act 2003
The Tree Plantation Agreements Act 2003 is complementary to but independent from, the Carbon
Rights Act 2003. This Act provides for the creation of a plantation interest as a separate interest in
land on registration of a tree plantation agreement on the Certificate of Title. Where the Plantation
Interest burdens the land in a Title it will be shown as a ‘Primary Interest’ in the Second Schedule
of the Title in order of priority. Where the Plantation Interest burdens a lessee’s interest in Freehold
or Crown land it will be shown as a “Subsidiary Interest’ in the Second Schedule of the Title
relevant to the lease. If the Plantation Interest only affects part of the land in the Certificate of Title
then a Deposited Plan and CSD file of the affected land is required to be lodged to support the
Plantation Interest Instrument, as for Carbon Rights and Carbon Covenants mentioned above.
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15. Possessory Applications and
Bringing Land under the TLA
Introduction
Chapter 15 covers the Survey and Plan requirements for Adverse Possession
Claims for bringing land under that Transfer of Land Act (1893).
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15.1
Adverse Possession
15.1.1
General Requirements
An application for a Title based on adverse possession must be supported by a survey carried out
by a licensed surveyor to clearly establish the relative positions of improvements and the
boundaries of the land claimed. A sketch drawn by a person who is not a licensed surveyor will not
be accepted.
Where the application is for a whole parcel of land or the remaining balance of the land in a
Certificate of Title, a re-establishment survey of the boundaries must be effected, field notes lodged
and a sketch of the survey presented with the application.
The sketch to be presented with the application for whole or part parcels must show the true legal
land description of the land claimed, the boundary dimensions, area, and positions of
improvements and fencing (including an estimation of their age and comment about their
condition). In the case of boundaries there should be a clear statement as to whether there is or is
not a fence on that boundary. It is preferable that the sketch be on A4 size paper. See plan
example 40.
The sketch must also show the Certificate of Title number for each of the parcels of land abutting
the land the subject of the application. If the abutting land is land registered under the Strata Titles
Act, only the Strata Plan number needs to be shown on the sketch.
If abutting land is land registered under the Registration of Deeds Act 1856, Surveyors should
indicate on the sketch the latest memorial relating to the current proprietor.
Where the subject land is bounded by a road or reserve a reference to the road or reserve needs to
be shown on the sketch.
The surveyor is to sign a certification on the sketch certifying that all the information contained in
the sketch is accurate.
When doing a feature survey for development purposes, if there is any indication that
encroachments exist (or that the land occupied may differ from the true boundaries), it is important
that any encroaching improvements be tied to some permanent marks. It is quite likely that those
improvements will have been destroyed by the time a survey is carried out for an adverse
possession claim.
If the claim is proven, a Deposited Plan of redefinition survey will need to be lodged amalgamating
the claimed portion with the adjoining land of the applicant, together with any resultant balance lots
and interests in accordance with the requirements described in chapter 14.1. See plan example 41.
If a Survey Strata is affected then a new sheet 1 is required showing the diminished Strata Lots
and the new parent parcel as the ‘Plan of’ heading. A new Form 3 and Valuers Certificate may also
be required in some cases.
15.1.2
Possessory Applications Claiming Part of a Multiple Lot Title
Where a possessory application is lodged claiming part of the land contained in a multiple lot Title,
the resultant Deposited Plan must show the residue of any affected lots as new lots. Lots not
affected by the claim should not be depicted on the Deposited Plan.
The former tenure table on the Deposited Plan must clearly show that only a ‘part’ of the multi-lot
Title is included in the Plan. Landgate will register a sundry document following registration of the
possessory application to include the unaffected lots and the new balance lots from the old multi-lot
Title in a new multi-lot Title.
In some situations Landgate may maintain (i.e. partially cancel) the paper Title and the relevant
graphic.
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15.2
TLA Applications
Where an application is made to bring part of a lot under the provision of the TLA, a survey carried
out by an eligible licensed surveyor to clearly establish the relative positions of improvements and
the boundaries of the land claimed is required. A sketch drawn by a person who is not an eligible
licensed surveyor will not be accepted.
Where the application is for the whole of a lot already found on a survey, a new survey will only be
required at the request of the Commissioner of Titles.
The sketch to be presented with the application for part of a lot must show the true legal land
description, the boundary dimensions and positions of improvements and fencing (including an
estimation of their age and comment about their condition). In the case of boundaries there should
be a clear statement as to whether there is or is not a fence on that boundary. It is preferable that
the sketch be on A4 size paper.
The sketch must also show the Certificate of Title number for each of the parcels of land abutting
the land the subject of the application. If the abutting land is land registered under the Strata Titles
Act 1985 (STA), only the Strata Plan number needs to be shown on the sketch.
If abutting land is land registered under the Registration of Deeds Act 1856, Surveyors should
indicate on the sketch the latest memorial relating to the current proprietor.
Where the land, the subject of the application is bounded by a road or reserve a reference to the
road or reserve needs to be shown on the sketch.
The surveyor is to sign a certification on the sketch certifying that all the information contained in
the sketch is accurate.
If the application is successful and a survey was necessary then a deposited plan will need to be
lodged by the surveyor.
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16. Digital Data Requirements
Introduction
Chapter 16 specifies Landgate’s requirements for the presentation and recording
of digital survey data.
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16.1
Digital Data
Digital Data is an electronic record of a survey.
Regulation 3 of the Transfer of Land (Surveys) Regulation 1995 requires that Digital Data must
accompany every survey plan and survey-strata plan lodged in Landgate.
The data must be supplied in the format specified by the Inspector of Plans and Surveys.
Such digital information is to be regarded as being part of the Plan for the purpose of certification
by the surveyor under the general regulations.
Cadastral Survey Data (CSD) file format version 1.1 is the specified standard for format of digital
data. Refer to the Cadastral Survey Data (CSD) User Guide (Appendix 5) to assist in the compiling
of (CSD) files.
16.2
Business Rules
Landgate has a number of key data requirements in relation to how a file is to be created for digital
lodgement of survey data as follows:
1.
The accuracy and completeness of the data is to be the surveyor’s responsibility.
2.
The detail contained in the digital file, except eFBs, must match up with the graphical
information on the plan, except that half angles omitted from the plan must be included in the
digital file.
3.
All polygons on the Plan including the surrounds and spatial interests burdening and
benefiting land within the plan are to be included in the file. Only the Freehold lots and any
spatial interests (the ‘outcome’) are to be included in the CSD files for Plans prepared for
Crown Land Amalgamations.
4.
All files will contain a ‘surround’ polygon or multiple ‘surrounds’ for those Plans with split
subjects of survey.
5.
All surveyed points on each boundary to be included for each polygon.
6.
The file is to contain all available ties to the geodetic framework or if none, ties to the existing
cadastre to allow accurate positioning of the survey.
7.
One file is to be lodged for each Plan. The digital file name may be drafted on the plan in an
appropriate place.
8.
Field book numbers are to be included in the file if known prior to lodgement of the Plan.
Landgate will undertake an electronic validation of the digital data file during the legal audit of the
plan.
Special Survey Areas
1.
There is a preference for coordinates to be supplied based on GDA 94 or Perth Coastal Grid
(PCG 94) rather than plane coordinates.
2.
Observed data is required, as per the Survey Practice Guidelines for Subdivisions within
Special Survey Areas.
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16.3
CSD File Requirements
16.3.1
Polygons on Plan
All polygons on the Plan including Surrounds, Easements and portion only Covenants and
Notifications burdening and benefiting land within the Plan are to be included in the file (A surround
polygon is required for a one lot plan). If the subject of the survey is split into 3 sections then 3
surround polygons are required.
16.3.2
Roads
To ensure roads are depicted correctly in Landgate’s spatial systems, road polygons must be
created in CSD files to the full extent of each road name (including truncations) that appears on the
Plan. Roads are to be captured in segments in the digital file; as determined by the connections
across the roads shown on the plan. Each segment must have the correct road name and be fully
dimensioned with angles and distances.
Road names must not be abbreviated (e.g.. Use ‘John Street’ not ‘John St’). This also applies to
the road names in the street addresses attached to lots in the CSD files.
16.3.3
Distances and Angles
Distances and angles shown on Plans as ‘measured’ are given attributes of ‘surveyed measured’
for distance and ‘measured’ for angle in CSD file even if the field book shows them as calculated
from offsets or radiations.
16.3.4
Lot Areas
Lot areas in CSD file to be same as Plan and field book area.
16.3.5
Changes after lodgement
All requested changes to plans of surveys after lodgement will require the lodgement of a new CSD
file reflecting the changes. These include:
16.3.6
•
excisions & additions of lots
•
changes to dimensions, angles etc
•
addition of easements
Three Dimensional Polygons
Three dimensional polygons do not currently require a vertical component to be captured.
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16.4
CSD File Requirement Examples
16.4.1
Point To Point Capture
As per example below:
•
When Capturing surround polygon use points 1 to 10 inclusive
•
When Capturing lot 33 use points 6, 7, 8,9,11, 12
Figure 16.1: Point to Point Capture
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16.4.2
Original Dimensions
As per example below:
•
Original boundaries (lines) on Plans have attributes of ‘surveyed’ not ‘unsurveyed’
•
Original angles and distances on Plans have attributes of ‘measured’ not ‘calculated’
Figure 16.2: Original Dimensions
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16.4.3
Easements, Covenants and Notifications
To assist in depicting easements and other spatial interests within Landgate’s spatial systems
surveyors are requested to use the following procedures when capturing such polygons in CSD
files:
1.
All Easement and portion only Covenant and Notification polygons burdening and benefiting
land within cadastral lots depicted on a new Deposited Plan are to be captured in a CSD file
using the polygon type ‘Easement’ or ‘Easement or Interest’ or ‘Interest’ depending on the
version of that application.
2.
Easement points (e.g.. points 7 to 11 inclusive, 13.8.14 in Figure 16-3) must now be
intersected on cadastral boundaries when capturing the surround and lots (e.g.. lots 500 &
501 on the sketch).
3.
The easement points for any new or existing easement must have attributes of ‘surveyed’
and have ‘Point Codes’ (i.e. ‘pnthormethod’ attribute) ‘T’, Traverse Adjustment, in the point
records.
4.
The lines of all easement polygons (old or new) are to have attributes of ‘surveyed’ and have
‘Line Codes’ (i.e. ‘distderiv’ attribute) ‘M’, Measured.
5.
The ‘line type’ attributes used for lines of easement polygons are to be as follows:
•
’R’, Cadastral Road – where the easement line coincides with a road boundary (e.g..
line 7-8 on the sketch).
•
‘I’, Cadastral Internal – where the easement line coincides with an internal cadastral
boundary (e.g.. lines 9-10, 11-5, 5-6, 13-5 & 14-6 on the sketch).
•
‘E’, Easement – where the easement line does not coincide with a cadastral boundary
(e.g.. line 14-13, 13-12, 12-11, 8-9 & 10-7 on the sketch).
•
The ‘Angle Codes’ (i.e. the ‘angderiv’ attributes) for angles of all easement polygons
(old or new) are to have attributes of ‘measured’.
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6.
Where Deposited Plans are amended following lodgement at Landgate by the addition or
deletion of easements, Landgate Officers will apply discretion on whether a replacement
CSD file from the surveyor is required.
Figure 16.3: Easements, Covenants and Notifications
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16.4.4
Interest Only Plans
To enable the correct positioning of the easement on the lodged layer, the CSD file must include at
least 3 connections (angles and distances) between the easement and the cadastral corners
(bends)
Figure 16.4 below illustrates the requirements. The connections 2-8 and 3-6 as well as 1-7 and 4-5
are required.
Figure 16.4: Interest Only Plans
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16.4.5
Split Surrounds and Lots
Split surround polygons are to be captured as separate polygons linked by a traverse, both being
labelled surround and are to be captured as separate polygons using same lot number, except
when real world coordinates are used.
Capture Method (see Figure 16-5):
•
Surround using points 1 to 7 inclusive.
•
Traverse in points 8, 9 & 10 (to create a link to the separate polygon).
•
Surround using points 9 to 13 inclusive.
•
Lot 14 using points 1, 2, 3, 4 & 7.
•
Lot 8 using points 4, 5, 6 & 7.
•
Lot 14 using points 9 to 13 inclusive.
Figure 16.5: Split Surrounds and Lots
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16.4.6
Tie to Existing Cadastral Corner
This allows accurate positioning of the survey.
Capture Method (see Figure 16-6):
•
Surround using points 1 to 4 inclusive.
•
Lot 723 using points 1 to 4 inclusive.
•
Traverse in point 5.
Figure 16.6: Tie to Existing Cadastral Corner
16.4.7
Water Feature (Topographic String)
Where a water boundary is not being defined by survey and it is the lot boundary the Topographic
string is not required. Only show a construct line with angles, joining the end points and amend the
area to agree with the Plan (being balance area of C/T).
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17. Lodgement Procedures
Introduction
Chapter 17 presents information on Lodgement Procedures for deposited plans.
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17.1
Manual Lodgement Procedure for Deposited Plans
Manual lodgement of Deposited Plans is no longer acceptable. All Deposited Plans must now be
lodged electronically. Appendix 6 provides guidelines on the preparation and lodgement of
electronic plans.
17.2
Lot Synchronisation
From 1 June 2010, after a successful trial period, Landgate will allow the lodgement of Deposited
Plans and Strata/Survey – Strata Plans using the Lot Synchronisation (Lot Sync) process.
Lot Sync reduces the processing time for the issue of new Certificates of Title. This is achieved by
using earlier lodgement of registration documents, parallel processing and different timing points
when auditing the Plan and examining the documents. To provide an opportunity for all developers,
Landgate is also including into the process Plans not requiring Western Australian Planning
Commission (WAPC) endorsement.
Lot Sync has been initiated by Landgate as part of its commitment to improve the supply and
availability of land to market. It is intended to align Landgate with other agencies, utilities and
stakeholders with regard to the registration of new lots. Using the Lot Sync process to lodge a Plan
ensures Certificates of Title will be issued as close as possible to the WAPC endorsement date for
the plan of subdivision.
Lot Sync is voluntary and is intended as an alternative method for parties to lodge Plans and
documents; it does not replace the current lodgement process.
17.2.1
Lot Sync Business Process
When lodging Plans using Lot Sync (see chapter 17.2.3), all registration documents (except for the
production of the duplicate certificate of title) must be lodged within five working days after the Plan
is lodged. The duplicate certificate of title must be produced prior to the Plan being placed In Order
For Dealings.
If there is any non compliance with the rules the Plan will not be audited using Lot Sync and the
documents will not be examined until the Plan is In Order For Dealings.
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17.2.2
Lot Sync Rules
17.2.2.1
Lodgement of Plans
17.2.2.2
17.2.2.3
•
“Lot Sync” must be noted in the email subject heading when lodging the Plan and the
Surveyors Report.
•
For Strata Plans, forms 3, 7 and 26 (if applicable) must also be submitted at Plan lodgement.
Lodgement of Registration Documents
•
All required registration documents, including the Application for Title, to complete the issue
of titles by the Registrar must be lodged at Landgate within five working days of the Plan
lodgement. If the registration documents are not lodged at Landgate within that time, the
Plan will not be processed as Lot Sync.
•
A signed letter of acknowledgement for the document registration date must also be
submitted by the lodging party (see chapter 17.2.4).
Costs
•
Under Lot Sync the normal lodgement fees for both Plans and registration documents will be
applied.
•
Any Plan and registration document errors will be subject to the normal requisition fees as
per the published schedules.
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17.2.3
Subdivisional Plan– Lot Sync Process
Lodgement
ePlan lodged at Landgate with:
“Lot Sync” noted in email subject heading.
“Lot Sync” noted in surveyor Report.
Document Lodged
Application for titles & supporting documents
for dealing (must be lodged within 5 days of
plan lodgement).
WAPC Exempt.
WAPC Approval
Audit
Plan audited- with Documents compared.
Plan Status
“Certified Correct”.
Plan Status
“In Order for Dealings”.
Surveyor obtains clearances and
lodges at WAPC.
New Title Creation
Documents examined and
requisitioned (if required).
TIME VARIABLE.
Surveyor sends release letter to Landgate.
Plan sent to WAPC
TIME VARIABLE.
WAPC approval process.
TIME VARIABLE.
Final Survey Certificate (FSC) & Survey
Sheet (SS) from surveyor.
Plan returned to Landgate
Check for FSC & SSI if
required.
Plan Status “In Order for
Dealings”
New Title Creation
Documents examined and
requisitioned (if required).
Certificate of Title registered
and duplicates issued if
requested.
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17.2.4
Change of Date Letter Template
Landgate
Midland Square
Midland
I ……………………………………… am the (Solicitor/Settlement Agent) for the
applicant. I have authority to make and to authorise on behalf of such persons the
following amendment.
I acknowledge that the registration date for the documents necessary to issue
Certificates of Title and any following documents for DP ………………….. will be
altered to concur with the yet to be established “In Order for Dealings” date of the said
Deposited Plan.
_______________________________________
Signed
_______________________________________
Position
_________________________
Date
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17.3
Electronic Lodgement of Deposited Plans
ePlans prepared in accordance with the guidelines at Appendix 6 must be e-mailed to
plan.reg@landgate.wa.gov.au with a surveyor’s report, SAF, CSD file and Road Name approval
where applicable.
17.4
Electronic Lodgement of Field books
Surveyors have the option of lodging field books at Landgate electronically via e-mail. The Land
Surveyors' Licensing Board has formally agreed to the process being introduced.
The Guidelines outlining the requirements that must be met before Landgate will accept any field
book being lodged electronically are at Appendix 6.
Surveyors are advised that Deposited Plans lodged with Landgate that require a field book will not
be audited until the field book has also been lodged. Plans without the necessary field book(s) will
lose priority and be given a status of “Stopped” on SmartPlan.
17.5
Two Year Certificate
Where a Plan is not lodged within two years from the time of ground marking then a ‘Two Year
Certificate’ is required (see regulation 53A of the Licensed Surveyors (Guidance of Surveyors)
Regulation 1961). The Certificate should in effect, say that the survey has been inspected and that
all marks have been verified.
The letter should be addressed to the Manager, Cadastral Subdivisions and accompany the Plan
when it is lodged.
17.6
Countersigned Certificate
Where a certifying surveyor is not eligible to verify Plans, the Plans must be countersigned by an
‘Eligible Surveyor’ before they can be lodged. The Certificate to be shown on the Plan is included
at chapter 10.12 . See plan example 49.
17.7
Crown Survey/Drafting Contract
The flowchart below (Figure 17-1) details the Crown Survey/Drafting contract process from the
planning stage through the issue of the contract, lodgement, registration and the audit/validation
process.
The survey/drafting contract is issued giving instructions as to the locality of, and the requirements
for survey, as well as details for graphic presentation. Another form listing ‘Crown Drafting
requirements’ and ‘Additional Notes’ is also provided with the instructions.
Surveyors are requested to notify the surveying coordination section (Central Issuing Office), State
Land Services, RDL, if they are unable to comply with the completion date shown on the Face
Sheet.
A Plan Approval Requirements Sheet/Ministerial Order Sheet will be issued with each contract.
This sheet will list consents required for the removal of constraints to Plan approval along with
Ministerial Orders for the disposal of subject lands.
Any subsequent contact with Landgate, with regard to further direction for the survey or preparation
of the graphic, should be the subject of the surveyor’s report, detailed on the Face Sheet.
Surveyors should address any land management issues affecting the survey and consult with State
Land Services, RDL, if necessary.
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Regional Manager
Responsible for land management issues, application approvals and survey
recommendations
1.
CENTRAL ISSUING OFFICE (CIO) - Survey Co-ordinator
1.
2.
3.
4.
5.
6.
7.
2.
SURVEY FIRM (CONTRACTOR)
1.
2.
3.
4.
5.
3.
Ascertains client and Departmental requirements
Researches survey requirements
Lists graphic requirements
Generic lot number 0 range allocated
Ascertains legal constraints to plan approval
Issues Survey/Drafting contract
Updates PROMPT
Effects survey and liaises to resolve any anomalies
(including land management issues)
Organises drafting whether “in house” or to private drafting firm
Surveyor validates survey, graphic and digital data
Surveyor signs certificate(s) on plan
Field book, plan, digital data, survey report form, Surveyor’s self assessment
lodgement form, survey information and account lodged with SLS, RDL. Electronic
field books (EFB) to be lodged directly with Landgate. See Appendix 6.
CENTRAL ISSUING OFFICE (CIO) - Survey Co-ordinator
1. Ensures information received satisfies contract requirements
2.
Submits field book to Landgate for lodgement
3.
Validates and authorizes payment of account
4.
Updates PROMPT
5.
Pay lodgement fees
6.
Sends copy of lodgement receipt and clearances to WAPC.
7.
Forwards case for processing
4.
CADASTRAL SUBDIVISIONS
1.
2.
3.
4.
5.
6.
Authorizes Plan lodgement (SMP) and registration
Audits plan
Validates Certification Requirements Sheet
Requisition for errors (where necessary – plan stopped)
Drafting amendments by contractor (when necessary)
Plan certified ‘In order for dealings’
Figure 17.1: Crown Survey/Drafting Contract Process
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17.8
Search Information
A complete search for a Crown survey/drafting contract shall include the following:
•
Extract from Spatial Viewer and print of Public Plan if necessary;
•
All Survey Index Plans (including imperial Key Sheets if applicable);
•
All survey plans (including their Title Blocks) and relevant titles;
•
Field notes, and
•
Any other relevant data and its source e.g.. DoIR, Geographic Names etc.
Upon lodgement, the survey information must comprise a clearly indexed copy of the SIP along
with sequential copies of Plans and field notes. This search is essential for the audit/validation
process and poor quality information may be subject to a requisition. Survey information will be
returned if requested.
17.9
Lodgement of Crown Plans
On completion of a Crown survey/drafting contract, the surveyor (or agent) presents the following
to the Survey Coordinator, CIO, State Land Services.
•
Field book (Electronic Field Books lodged directly with Landgate).
•
Survey Plan (ePlan for lodging at Landgate).
•
Digital Data - separate file for each Plan with the file name noted in pencil on the Plan, in
CSD format on a 3.5" floppy disk.
•
Full search information.
•
Account or copy of account (as applicable).
The Survey Co-ordinator:
•
Assesses the returned information for compliance with contractual requirements
•
Verifies surveyor’s certification of the Plan and field book and Eligible Licensed Surveyor
certification, if applicable.
•
Lodges the field book with Landgate.
•
Obtains RDL file.
•
Authorises payment of account.
•
Forwards the contract ‘case’ to Landgate for Plan lodgement and audit/validation. Pays plan
lodgement fee.
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17.10 Surveyor’s Report
Surveyors are required to provide a ‘Surveyor’s Report’ (V2.14) with all Deposited Plans. A
Proforma is available on-line from My Landgate/Survey Channel/Tools/Forms and by request from
Landgate. This report must state all subsequent conveyancing actions proposed for the surrender
or modification of existing interests or where modifications to a Strata/Survey-Strata Scheme are
intended.
A typical case is where a subdivision occurs over land that has been previously burdened or
benefited by easements that will no longer be required in the new development. Since the
Deposited Plan does not bring forward these ‘superseded’ easements, the auditor must be advised
through a Surveyor’s Report that this is an intentional procedure (rather than being overlooked).
If it is an intentional procedure, an appropriate notation will be made by Landgate within the ‘In
Order for Dealings’ box. For example
‘Pends surrender of Easement F12345’
A similar situation occurs with a Deposited Plan that includes land in a Strata/Survey-Strata
Scheme. It is not always clear what conveyancing outcomes are proposed for the Strata/SurveyStrata Scheme.
Advice on plan matters received from a Landgate officer– Item 2.7
Surveyors are advised that if advice has been provided by a Landgate officer, then the specific
nature of that advice must be detailed with that officer’s name and date of that advice.
Freehold Plan Involving Crown Land– Item 3.3
Surveyors are reminded that all interests or encumbrances over vesting land, other than
easements created under section 167 of the P & D Act, must have approval from the relevant
Regional Manager of the Department of Regional Development and Land (RDL) prior to
submission to the WAPC.

Note:
Surveyors are reminded that a Surveyors Report with incorrect, misleading or irrelevant information
will incur a level 2 breach in accordance with the Land Surveyors’ Licensing Board published
document.
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18. Expediting Plans and Documents
Introduction
Chapter 18 presents information on the new policy “Requests to Expedite the
Processing of Plans and Documents”.
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18.1
Request to Expedite the Processing of Plans and
Documents
Landgate has had a longstanding policy where customers or their representatives could request
that a plan and/or document (outside of Landgate’s existing Fast Track process) be expedited
provided the request was supported by evidence of:
•
a pending settlement (e.g.: a signed offer and acceptance); or
•
a written submission clearly identifying the circumstances for the request (e.g.: financial
hardship).
A review of the existing policy was undertaken to clarify the circumstances in which consideration
will be given to the expedition of the processing of documents and plans as well as the supporting
evidence required. The outcome of this review is the “Requests to Expedite the Processing of
Plans and Documents Policy”.
This new policy replaces all existing policies and is designed to provide fairness and equity to all
parties while enabling decisions relating to the expedition of plans and documents to be made in an
accountable and transparent manner. It is also important that all associated decisions are properly
documented and regularly audited.
18.2
What the new policy specifies
The new Request to Expedite the Processing of Plans and Documents Policy specifies the
following:
1.
All requests for priority must be made in writing (including fax and email) addressed to the
Registrar of Titles.
2.
Priority for the processing of documents or plans may be approved by the Registrar or a
delegated officer of the Registrar in circumstances where:
3.
(i)
the written consent of all parties that have a direct interest in the dealing is obtained,
and
(ii)
it is demonstrated that:
(a)
a party to the dealing will experience financial hardship if the documents or
plans are dealt with in Landgate’s standard turnaround times; or
(b)
the contract/s specify a definitive date for settlement.
The evidence provided for expediting a plan will also be sufficient evidence to give priority to
the issue of new titles.
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4.
For all requests to expedite documents or plans the following evidence requirements apply:
(i)
a detailed written explanation as to the circumstances of the matter; and
(ii)
a signed letter of consent from each party that has a direct interest in the dealing.
The following additional evidence is also required dependent upon the basis for the
request:
(i)
(ii)
Financial Hardship:
•
any evidence that may substantiate a claim of financial hardship including such
items as
•
copies of correspondence from financial institutions (which may take the form of
an original, photo or faxed copy of a letter on the financial institutions letter
head); and / or
•
an original statutory declaration from the person making the request (a photo or
faxed copy of a statutory declaration will be accepted with the request to
expedite the processing of plans and documents but the original signed
declaration must be forwarded to Landgate within 2 working days). Any
statutory declaration made must clearly set out the reasons for and the details
of the financial hardship.
Definitive Settlement Date:
A certified copy of the “offer and acceptance” clearly showing the definitive settlement
date, this can include a copy of the signed application for the issue of new titles in
relation to a plan (the offer and acceptance can be certified by a person eligible to
witness a statutory declaration in Western Australia).
18.3
Standard Audit Procedure for Plans
Following plan lodgement, Deposited Plans and Strata/Survey- Strata Plans are audited in the
following order:
1.
Where Department of Planning requires, the certified correct plan will be forwarded to the
WAPC prior to the expiry date of the preliminary planning approval.
2.
Plans lodged with release letters (including Lot Sync process – see Notice to Surveyors
T2/2010), dealt with in lodgement date order.
3.
“Lot Sync process” plans with lodged applications for new titles, dealt with in plan lodgement
date order.
4.
All other plans dealt with in lodgement date order.
The “Requests to Expedite the Processing of Plans and Documents Policy” will be applied for any
request to expedite the auditing of Deposited Plans and Strata/Survey-Strata Plans.
All queries in relation to the new “Requests To Expedite the Processing of Plans And Documents
Policy” should be directed to Landgate’s Advice Line on 9273 7044.
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19. Validation and Audit Practices
Introduction
Chapter 19 presents validation and audit practices and includes checklists for the
submission of Survey Plans
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19.1
Requisitions
The requisition procedure is used in cases of unacceptable mistakes and omissions concerning
survey Plans and surveys.
Plans are stopped when significant survey problems occur or when surveys fail to comply with
regulations or when Plan amendments are required. A requisition is raised informing the surveyor
of the problems, the options for resolution and the associated fee. No further action on the Plan will
be taken until the problems are resolved and the fee paid.
Surveyors are to arrange with the requisition auditor the most appropriate methods for effecting
amendments to the plan.
Since September 1995 all requisitions have been graded as to severity and are recorded (indexed
by surveyor) in a requisition database. While level 1 and 2 requisitions (i.e. those without a fee)
pose negligible threat to a surveyor’s ‘Eligibility to Lodge’ status, a number of level 3 requisitions
(with a fee charged) in a short period could accumulate to threaten that status. Two level 4
requisitions would be an immediate threat.
A history of continual level 3 requisitions will be taken into consideration in deciding the form of
more severe disciplinary action in the event of a later severe breach by a surveyor.
The Land Surveyors’ Licensing Board website contains detailed information on breaches and their
related severity. The information can be found at. http://www.lslb.wa.gov.au/Breaches.xls. The
tabs along the bottom of the excel spreadsheet allow access to the various worksheets in the file.
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19.2
Drafting Checklist
Title Block

Plan Type shown

Plan Purpose shown

Heading

SSA Y/N

Land District shown

Townsite shown (where applicable)

File Number # (where applicable)

Local Government shown

Locality shown

Former tenure/ CT correct

Former Tenure Table required (and correct)

Survey Index Plan correct

FB number correct

Scale/scale bar

Surveyor’s Certificate correct and signed/countersigned

Survey Firm detail shown

WAPC Number shown
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Drafting Area

Orientation shown

Compiled from notation

Plan notations (e.g.. Reg 26A surveys)

Lot numbers shown

No Duplication of lot numbers

Roads require lot numbers

Vinculums joining like tenures required

Abutting Reserve Numbers Shown

Vesting order correct

Depth Limit

Original Crown allotment boundaries shown (where applicable)

Crown allotment numbers shown (where applicable)

Lot areas shown and correct

Abuttals correct and up to date

Administrative boundaries

Road names approved and show extent of roads

Road secants shown

Area Road ex UCL

Old marks labelled

New marks identified

Non Standard Marking Identified

Line styles

Amendments schedule included
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Dimensions

Plan measurements same as FB measurements

Surround Dimensions and Areas checked

Lot total distances

Subject land total distances

Bearings and source shown where necessary

Latest original values used

Double check dimensions on enlargements

CSD files agree with plan dimensions and area

Closes are within the limits
Interests Shown on Plan

Schedule of Interests & Notifications shown and correct

Existing Interests shown and can be defined from Plan

New Interests shown and can be defined from Plan

Existing Covenants can be defined from Plan

New Covenants can be defined from Plan

Mineral Reservations shown

Notifications shown

New Easements and Covenants consistent with documents

Noted on ‘Surveyors Report’ interests not brought forward
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Survey Sheets for Special Survey Areas
(see plan examples 26, 27 & 50)

Deposited Plan number

Sheet numbers shown

All PSM and PCM numbered correctly (using FB or eFB numbers)

Connections to cadastral alignments shown for each PSM and PCM

Sheet headings shown

Dimensions complete and correct

Non-standard marks shown

WAPC Approval box struck-out

All sheets signed by surveyor

Digital data for final control network – email
Other Matters

Green borders consistent with each other (Plan series issue)

Abuttals match approval sequence (Plan series issue)

Road access match approval sequence (Plan series issue)

‘Surveyors Report’ to amendments to Strata/Survey-Strata Scheme
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19.3
Inspections
The survey audit function of the Inspecting Surveyors includes:
19.3.1
•
checking the field records lodged by surveyors.
•
auditing the definition and marking of the boundaries on a sample of surveys.
•
assisting surveyors to maintain and improve the standard of cadastral surveys.
Office Inspections
Most field books lodged at Landgate are visually inspected as to the following items:
Surveyor’s Certificate
Check that it is signed and dated, that any deletions are correct and the date of survey, in
case a 2 year certificate is required.
Index page
Check that adequate information is provided (especially for SSA subdivisions) and that there
is only one index page which includes all the surveys in the book.
Legibility
Check that all information is legible and suitable for reproduction.
Re-establishment
Check that sufficient marks have been found and that the correct method has been used
(sparse pickup and/or poor method are common triggers for field inspection).
Presentation
Check the recording of measurements, reductions to true line, comparisons with original,
descriptions of marks found and other general matters. Check SSA requirements including
connections from control to new boundaries. Check method and presentation of surveys by
GPS. Doubts caused by omissions or anomalies will usually trigger a field inspection.
Referencing
Check that quantity and type is in accordance with the regulations and guidelines. Check
that the pickup is adequately protected.
Geodetics Connections
Check that connections have been carried out in accordance with the guidelines under
General Regulation 22A or guidelines for Special Survey Areas.
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19.3.2
Field Inspections
Field inspections enable the field record to be compared with the actual field environment.
Inspection of the marking determines:
1.
Whether the regulations and guidelines have been adhered to;
2.
Whether all exceptions to the regulations have been recorded in the field notes, and
3.
The overall standard of the marking for the public including clarity of lot numbering on
pegs/posts and witnessing of the marks.
Field measurements enable two standards of accuracy to be determined:
1.
Accuracy of re-establishment, or how well the survey fits in to the existing cadastre, and
2.
Plan accuracy, or how well the marks fit with the dimensions on the Plan of survey.
Both of these measures include a component of comparison between the measuring devices of the
surveyor and of the inspector. Subdivisions within Special Survey Areas are a special case where
the accuracy of the survey is compared with the accuracy specifications in the guidelines by means
of a coordinate check.
Standards of quality are expressed as:
•
HIGH (or ACCURATE)
•
REASONABLE
•
SATISFACTORY
•
ACCEPTABLE
•
UNACCEPTABLE (or POOR)
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19.3.3
Survey Audits
Inspecting Surveyors are frequently required to carry out an office audit (either full or partial) of a
survey. This involves determining whether the surveyor has achieved a correct definition of the
boundaries of the land the subject of the plan of survey.
Field book Checklist

Sign and date Surveyor’s Certificate

Subdivision or survey heading

Parent Plan

Subject Plan

Index Plan

Certificate of Title

WAPC reference number

Other field books for Plan

Field books used

Special conditions/guidelines

Measuring equipment and calibration

Condition of old marks

Depths of reference marks

Trenches

Topographic notes

Pages with field notes initialled and dated (date of survey)

Sufficient proof of old alignments

Old surveys renovated

Additional reference marks where necessary

Geodetic connections shown. If no, reason for no connection provided

Offsets/traverses reduced to true lines

Comparisons with original distances

Comparisons with original angles
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
Misclosures

Areas

Lot numbers

Non-standard corner marks described

Alternative reference marks described

Intermediates put in where necessary

Alternative intermediates described

Boundaries cleared or exceptions noted

Improvements/encroachments
Special Survey Areas – Initial Control Field books

WAPC reference number

Re-establishment survey including adopted surround

Geodetic connections shown

Graphic summary of control network, including observations and
adjusted/adopted values

Connections between control network and re-establishment survey
(adopted positions)

Digital data for control network – diskette or e-mail
Special Survey Areas – Final Control eField book (eFB)

Fieldbook number pre-allocated by Landgate

PSMs and PCMs on Survey Sheets numbered using eFB number

eFB (CSD) file created and correctly named

eFB file attached to e-mail and sent to Landgate
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20. Plan Approval Requirements
Introduction
Chapter 20 covers Plan approval requirements and samples of correspondence in
the process.
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20.1
Special Survey Areas (see also chapter 20.2)
Section 20(2) of the Town Planning and Development Act 1928 was amended in 1986 to allow
Plans to be lodged with Landgate prior to receiving final Western Australian Planning Commission
(WAPC) approval. This allowed the introduction of the ‘Early Issue of Titles’ land development
process. This process is now encompassed within the processes developed for Special Survey
Areas (guidelines for Special Survey Area subdivisions are available from the Land Surveyors
Licensing Board web site http://www.lslb.wa.gov.au).
Subdivisions within Special Survey Areas are verified both mathematically and legally whilst the
developers organise construction, services, final marking of lots and collection of clearances.
Once the subdivision is cleared by the relevant authorities, the clearances are lodged with WAPC
and a request made to Landgate to release the Plans to WAPC.
Landgate will forward Plans to WAPC on receipt of a release letter from the surveyor.
Providing all clearances are held by WAPC on receipt of the Plans from Landgate, WAPC will
check the conditions of subdivision have been met then stamp and sign the original as ‘Approved
by WAPC’. This procedure currently takes three to five days.
On return to Landgate the Survey Sheets will be added to the Plan (except where the ‘Deferred
Final Marking’ option is used – see below) and if the FSC and eFB have been received the Plan
will be placed ‘In Order for Dealings’ and computer records updated within 24 hours.
The FSC, eFB and survey sheets are required before the Plans can be made in order for dealings,
unless the subdivision has been fully marked before the plan is lodged, and for which a survey
sheet or, in the case of a Survey Strata, a final control field book has been lodged.
The guidelines for Special Survey Areas provide for a Deferred Final Marking option, subject to the
approval of the Inspector of Plans and Surveys and compliance with any conditions specified in
that approval. This option is normally only available where the servicing of a development is fully
bonded or where other exceptional circumstances exist.
Refer to the SSA Guidelines published by LSLB
20.2
Normal Process
The Normal process requires surveys to be fully marked at time of lodgement of Plans at Landgate
however final Western Australian Planning Commission (WAPC) approval is not given until after
Landgate has completed quality assurance processing and legal validation of the plan.
During validation the Plan clearances can be organised from the relevant authorities and
subsequently lodged at WAPC.
A release letter (see chapter 20.3 below) must be lodged with Landgate before the Plan will be
released to WAPC. Landgate will deliver the Plan to WAPC on behalf of the surveyor.
Surveyors are requested not to forward Release Letters to Landgate until the Deposited Plan has
been lodged at the “plan.reg” email address.
Surveys that have no conditions imposed upon them can be lodged with a release letter attached
stating that no clearances are required and on completion of the audit the Plan is to be sent to
WAPC.
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20.3
Example of the Release Letter
Inspector of Plans and Surveys
Landgate
PO Box 2222
MIDLAND WA 6936
Dear Sir
RE:
Deposited Plans:
19099, 19100, 19101, 19102 & 19103
WAPC REFERENCE:
87381
Please arrange to have the above plans delivered to WAPC for final endorsement.
The clearance documents have now been lodged with WAPC.
Yours faithfully,
________________________________
LICENSED SURVEYOR
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20.4
Example of the Final Survey Certificate (FSC)
Inspector of Plans and Surveys
Landgate
PO Box 2222
MIDLAND WA 6936
FINAL SURVEY CERTIFICATE
I ________________________________ of__________________________________________
hereby certify that:
•
the survey shown on *Deposited / *Survey Strata Plan _______________ has been
surveyed *by me personally / *under my own personal supervision, inspection and field
check,
•
the *Deposited / * Survey Strata Plan is an accurate representation of the results,
observations, measurements, calculations and adopted values which have been validated
and found to be accurate and in strict accordance with the Licensed Surveyors (Guidance of
Surveyors) Regulations 1961,
•
the *Deposited / * Survey Strata Plan conforms with the relevant law in relation to which it is
lodged,
•
the marks shown on the *Deposited / *Survey Strata Plan were in place on
________________,
•
Ø *the marks in the final control field book _______________.were in place
on______________, and
•
the survey has been carried out in accordance with the Guidelines for Special Survey Areas
under regulation 26A (5) of the Licensed Surveyors (Guidance of Surveyors) Regulations
1961.
______________________________
____________
LICENSED SURVEYOR
DATE
* delete or strike out if inapplicable
Ø * is normally only applicable to Survey Strata plans.
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20.5
Plan Status
20.5.1
Certified Correct
A plan is ‘CERTIFIED CORRECT’ when a legal or full audit is complete and the Plan is legally and
mathematically correct. At this stage the Plan is ready to be sent (if necessary) to Western
Australian Planning Commission (WAPC).
20.5.2
In Order for Dealings
Most Plans are endorsed ‘In Order for Dealings’ subject to particular legal constraints. In effect the
notation indicates what restrictions apply to dealings on the subject land (e.g. pends approval of
another document, ownership in multiple owners, etc.).
It is essential for surveyors to check for legal constraints that are likely to affect a Plan as there
may be circumstances (e.g. road closures and inclusions) which may prevent the registration of
dealings. Substantial delays can be avoided if early attention of these constraints is undertaken.
Section 146 of the Planning and Development Act 2005 places time limits on the Registrar of Titles
for the Issue of new certificates of title, following approval of a Deposited Plan by the Western
Australian Planning Commission (WAPC). (Refer Notice to Surveyors T2 on 2008)
Owners of land the subject of plans that were endorsed with the approval of WAPC before the
commencement day (9 April 2006) will have 5 years after that day in which to lodge an application
for new titles. Owners of land the subject of plans that are endorsed with the approval of WAPC on
or after 9 April 2006 will have 2 years from the endorsed date in which to lodge an application for
new titles.
Landgate’s SmartPlan System Status Change
For deposited plans that have been endorsed by the WAPC (i.e. status of WAPC Approved) that
have not been dealt on within the required time frames as stated above, SmartPlan will
automatically update their status to “EXPIRED”.
Status of Expired Deposited Plan (DP)
If a plan has the “expired” status and the registered proprietor still wishes to proceed with the
subdivision, then the owner will seek a new subdivisional approval from WAPC.
For Surveys Endorsed Before 9 April 2008
The owner has until 8 April 2011 to apply for new titles. After that date the survey’s status will be
“expired” and if the owner wishes to proceed with the subdivision, a new application approval must
be sought from WAPC. The normal subdivisional process will apply and the previously approved
survey will be Cancelled.
Enquires
Contact Landgate’s Survey and Plan Consultant on 9273 7317, or 1300 556 224 for regional
Australia.
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20.5.3
Approvals
The Transfer of Land (Surveys) Regulations 1995 require all necessary instruments, applications or
dealings transferring or disposing of the land to be lodged for registration before a Plan can be
‘Approved’. Approval of Plans occurs on registration of the first dealing and that dealing must clear
any constraints for titles to issue.
At the moment of registration of new certificates of title for land the subject of a subdivisional Plan,
all automatic easements under section 167 of the Planning and Development Act 2005 (P & D Act)
come into existence and nominated lots (including PAW’s and ROW’s) vest under section 152 of
the P & D Act.
Roads dedicate either on Plan approval, under section 168 of the P & D Act or section 28 of the
LAA.
Section 146 of the P & D Act states that:
No Certificate of Title under the Transfer of Land Act 1893 will be issued for the land the subject of
a subdivision unless a diagram or plan of survey of the subdivision of that land has been endorsed
with the approval of the Western Australian Planning Commission (W.A.P.C.) and:
•
in the case of a diagram or plan of survey endorsed with the approval of the W.A.P.C. prior
to the operation of the P & D Act, the application for Titles was before or is lodged within 5
years of the coming into operation of the P & D Act.
•
in the case of a diagram or plan of survey endorsed with the approval of the W.A.P.C. on or
after the coming into operation of the P & D Act, application for Title must be made within
2years of the approval of the W.A.P.C.
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21. Subdivision and Project
Management Issues
Introduction
Chapter 21 considers subdivision and project management issues in land
development and areas with special conditions.
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21.1
Compiled Plans
See chapter 9.43.
21.2
Subdivision Processes
On 19 September 2002 the Land Surveyors Licensing Board approved new guidelines for surveys
and Plans for all new developments involving more than 10 serviced lots where new roads are
created. The Guidelines are referred to as Survey Practice Guidelines for Subdivisions within
Special Survey Areas (SSA guidelines). These Guidelines apply to Crown, Freehold and SurveyStrata developments and can be accessed on the Board website at www.lslb.wa.gov.au.
The Board have repealed the Guidelines for urban subdivisions under Regulations 55A-55F,
commonly referred to as the ‘Early Issue Guidelines’.
There are now two different processes of land development that can be used for Crown and
Freehold subdivisions. One is known as the ‘Special Survey Area’ (SSA) process and the other is
known as the ’Normal’ process.
The SSA process allows for a Plan based on calculated dimensions to be lodged at Landgate
before any lot corners have been marked.
The Normal process requires full marking (including referencing in accordance with the regulations)
of the survey prior to lodgement of the Plan at Landgate. The normal process would usually be
used only for small urban developments and rural subdivisions. Where marks are likely to be
destroyed by site works, road construction or servicing the SSA process should be used.
In the title block of each Plan, near the heading, there is an ‘SSA Yes/No’ section. It is important
that surveyors cross out the appropriate word (ie. cross out ‘yes’ for Normal subdivisions or cross
out ‘no’ where the SSA Guidelines have been followed). This will ensure the Plan proceeds through
the correct channels at Landgate. SSA Plans must also include the annotations specified in the
SSA guidelines.
Landgate will not accept Plans based on calculated dimensions unless the SSA guidelines have
been complied with.
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Table 20.1: Comparison between the SSA Process and the Normal Process.
Special Survey Area
Normal
Surround survey required
Re-establishment of only relevant alignments in
accordance with the regulations
Control Survey/s related to surround survey
required
Control survey optional
Connections to geodetic network required
Connections to geodetic network required in
accordance with General Regulation 22A
Plan lodged at Landgate. Full marking after
site works and lot services installed. The
‘Deferred Final Marking’ option can be used
for fully bonded developments *
Full marking required before Plan lodgement at
Landgate (reference marks must be safe from
disturbance). Limited marking or deferred
referencing options are available*
Lot detail not required in field book
Full lot detail and referencing required in field
book
Non-standard marking included on Survey
Sheet/s added to Plan
Non-standard marking included on Plan prior to
lodgement
Plan ‘Survey Sheets’ and eFB required
following final control survey and marking
Final pegging and referencing if approval to defer
referencing was granted *
Release Letter required for Landgate to
release Plan to WAPC**
Release Letter required for Landgate to release
Plan to WAPC
FSC, Survey Sheet(s), eFB and WAPC
approval required before Plan placed In Order
for Dealings (IOFD)**
WAPC approval required before Plan placed In
Order for Dealings (IOFD)
* Regulation 26A approval from the IPS for limited or deferred marking/referencing required before
Plan lodged at Landgate.
**Where the Deferred Final Marking option is used then Plan sent to WAPC on a release letter and
Plan placed IOFD following WAPC approval and receipt of ISC.
Refer to the appropriate Plan examples in Appendix 4 to indicate what information is to be depicted
on such Plans.
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21.3
Crown Subdivisions
Legislation governing the various aspects of Crown subdivisional survey includes:
•
Subdivision and development of Crown land under section 27 of the LAA.
•
Reservation of land parcels under section 41 of the LAA.
•
Management, leasing, etc. of reserves under section 46 of the LAA.
•
Redescription/Cancellation of ‘A’ Class reserves (excluding Conservation Parks, National
Parks and ‘A’ Class nature reserves) via a Ministerial Order. Conservation Parks, National
Parks and ‘A’ Class nature reserves still require a Reserves Bill.
•
Redescription/Cancellation of other than ‘A’ Class reserves under section 51 of the LAA.
•
Amendment of townsite boundary under section 26 of the LAA.
•
Revestment of land - Freehold land acquired by the Crown, whether by transfer or
acquisition (taking) or pursuant to other provisions such as those in the Local Government
Act 1995 relating to forfeiture of land for non payment of rates may be revested in the Crown
under section 82 of the LAA (see section 243 of the TLA also).
If the previous tenure is Unallocated Crown Land (UCL) formerly known as Vacant Crown Land
(VCL), no Crown Land Title (CLT) would exist for the subject land. If the previous tenure of the
subject land has a PI (parcel identifier), a Title will have been created.
Land that is to be transferred and revested from a Crown Grant in Trust or any other Freehold land
cannot be amalgamated with adjoining Crown land under a single PI unless the status of the two
parcels of land is the same. Revested Freehold land automatically assumes the status of a CLT,
therefore the adjoining Crown land to attain CLT status must undergo a process where all the
interests are declared by way of a Statutory Declaration by the controlling authority and any other
interest holders.
See also chapter 11.11 for a specific type of crown subdivision.
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21.4
Balance Lots and Project Management
Regulation 5 of the Transfer of Land (Surveys) Regulations 1995 requires surveyors to include in
Plans of subdivision, acquisition and amalgamation (this includes amalgamations of Crown land
with Freehold land) any residue land from the original certificate of title as a separate balance lot or
lots (see chapter 9.15). Where a road has an existing lot number and a portion is to be closed, a
balance lot must be created showing any existing interests carried forward. The heading is to
include ‘and Dedicated Roads (Lot 300)’.
If the boundaries of the residue are extensive the Registrar of Titles, Inspector of Plans and
Surveys or an Authorised Land Officer may allow the part of the Plan showing the residue to be
compiled and the distances, angles or bearings (where applicable) for the boundaries, easements
or covenants to be omitted.
The Registrar of Titles or an Authorised Land Officer may direct that this Regulation does not apply
to a particular Plan (or specific types of Plan) of Crown land. Such situations will most likely occur
where Pastoral leases, State Forests and large reserves are involved. To meet the requirements of
this Regulation it may be necessary to use several sheets for a single Plan (see chapter 9.4 and
9.5).
Surveyors will need to consult with the developer (or project manager) to ensure the balance lot or
lots are consistent with the proposed land release strategies. It may be worth creating ‘Super Lots’
for each stage of a development. Where a series of Plans are lodged simultaneously, the first Plan
should show balance lots that contain the land included in subsequent Plans. The ‘Former Tenure
Table’ on the subsequent Plans would refer to the lots being created on the first Plan.
To avoid planning and valuation problems, surveyors must identify any balance lots that are not to
receive servicing facilities with a lot number in the 9000 number range. Any “super lots” that are the
subject of future stages in the subdivision must be identified using the 9500 number series.
If an existing Certificate of Title contains multiple lots and only one of the lots is being subdivided it
is necessary for the new Plan of subdivision to show all the land in the Title. It may suit some
developments to separate the lots into several titles, including new multi-lot titles, prior t
subdivision.
21.4.1
Stage Merging and Minimising Balance Lots
Where there is a high level of activity in large urban subdivisions, Landgate experiences difficulties
with downstream processes such as Electronic Advice of Sale where numerous stages of
subdivisions are being dealt on simultaneously.
To avoid these problems occurring and any potential delays in Titles being issued surveyors
should, where they are aware that stages of a subdivision are likely to be dealt on (ie. applications
for new Titles made) simultaneously, consider merging the stages into a single Deposited Plan
prior to lodging at Landgate.
It would also be helpful if surveyors could minimise the Plan surrounds of large subdivisions by
creating manageable and logical balance lots by using ‘super lots’ for proposed stages. This would
result in reduced Plan sizes and audit timeframes and therefore provide quicker processing of
these developments.
21.4.2
Stage Jumping
Where a Plan for a stage in a subdivision is delayed and a Plan that was intended to be a
subsequent stage is to be dealt on first, subject to WAPC approval, the Deposited Plans may be
amended to allow the dealings to proceed. Amendments would usually involve changing the Plan
heading, the balance lot details and the former tenure information. New CSD files for the Plans are
also required.
The statutory fees for Plan amendments applies.
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21.5
Applications for Balance Titles
With the introduction of the SmartRegister electronic Certificate of Title system and the removal of
the sketch from that Title, the new land description is based on a lot on a Deposited Plan (DP). As
a result new subdivisions must comprise all of the land in the parent Certificate of Title and not
leave any residue or part lots (Refer chapter 20.4). Upon lodgement of an application for new
Certificates of Title the subject of a DP, a new SmartRegister Title will also automatically be
created for the balance lot, along with the other lots on the DP.
There were many existing paper (manual) Titles that did not refer directly to a whole lot on a Plan
and as such Landgate undertook a progressive capture of the graphics for those Titles. Many of
these have be reflected on a ‘Conversion’ Deposited Plan. Landgate now creates conversion plans
only as required for dealings on land.
However should an owner apply for a balance Title over land still held on an existing paper
(manual) Title and requires an urgent response from Landgate, it must be supported by:
•
A conversion Deposited Plan certified by a licensed surveyor reflecting the balance of the
land as a whole new lot.
•
Interests to be brought forward onto the Plan.
•
CSD file to be lodged with the Plan.
There is no requirement for WAPC approval and no Landgate plan lodgement fee will apply.
If these requirements are not provided the Application will be placed in Landgate’s Conversion
queue and no guarantees can be given as to when the balance Title will issue.
21.6
Multiple Owner Subdivisions
The repealing of regulation 44 of the Licensed Surveyors (Transfer of Land Act 1893) Regulations
1961 has allowed for Plans to show land in multiple ownership without the need for conveyancing
action to bring the land into single ownership.
Plans involving multiple owners will require all the relevant transfer documents and consents
pertaining to encumbrances to be lodged before the Plan is approved. New Titles will be issued in
accordance with a single application (signed by all the affected owners).
SmartRegister amendments to the Transfer of Land Act 1893 allow for disposition statements to
enable clarity in the allocation of encumbrances in land transfers.
A new Plan feature for subdivisions of land involving multiple owners or Titles is the inclusion of a
‘former tenure table’ which clearly indicates the previous tenure of each lot (see chapter 10.7). The
schedule is used in the preparation of the conveyancing documentation and new Title creation.
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21.7
Land Acquisitions
See chapter 9.17.
21.8
Crown Land Amalgamations
See chapter 11.2.
21.9
Isolated Crown Surveys
The Registrar of Titles or an Authorised Land Officer may authorise for an isolated Crown parcel to
be shown on a Plan without the residue land (see chapter 9.15) being shown on the Plan.
Plans of isolated parcels that are not connected to the State Geodetic Network must show bearings
and an azimuth source. See chapter 9.29 and plan example 65.
21.10 Lot Number Duplication
It is important that lot numbers allocated to new lots created by a survey are not duplicated with an
existing lot number in the same vicinity which can cause confusion as to which lot is being referred
to:
•
To eliminate the risk of a mistake in any dealing (by eliminating ambiguity) there must be no
duplication between any of the lot numbers created on the Plan, the parent lots, any part lots
remaining and any lots abutting the Plan
•
In rural areas (or any other areas where the lot numbers may be used as street addresses)
there should be no duplication of lot numbers in the same street or road within the same
locality
•
In urban areas, lot numbers are often used as the street addresses during house
construction so the surveyor should avoid duplication of lot numbers in the same street
within the same suburb. Check Spatial Viewer and also check the SIP View for recently
lodged surveys that may not be In Order For Dealings
21.11 Easement and Covenant Documents
Problems arise where there are inconsistencies between Deposited Plans and documents
subsequently lodged for easements and covenants under Part IVA of the Transfer of Land Act
1893. Surveyors need to consult closely with their clients’ solicitor/conveyancer to ensure that the
depiction of easements and covenants on Plans is consistent with the supporting documents that
are to be lodged.
21.12 The Use of Restrictive Covenants/ Covenants to
Control Access to Roads
See Chapter 14.27.
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21.13 Field Books Lodged for Subdivisions that Do Not
Proceed
Occasionally surveyors lodge field books for surveys of subdivisions that for some reason do not
proceed and no Plan is ever lodged at Landgate. In this situation the field book would never get
cross-indexed onto the Survey Index Plan. If the index page of the field book indicates a
‘Subdivision’ is proposed Landgate would expect a Plan to follow the field book to trigger the crossindexing.
If this situation arises (or has even occurred in the past) surveyors should contact Survey
Inspection at Landgate on 9273 7423 and request the field book be cross-indexed onto the SIP
View.
If for some reason a subdivision does not proceed and a field book has been prepared, surveyors
are encouraged to still lodge the book at Landgate but strike through the word ‘Subdivision’ and
add the words ‘Spike Protection’ or ‘Repeg’. This will ensure the field book is cross-indexed in this
instance.
21.14 Gas Pipelines and New Subdivisions
Western Australia has several high pressure gas transmission pipelines servicing the metropolitan
area and south west of the State. The pipelines have separate and different legislative
requirements that will affect the production of Plans of subdivision lodged at Landgate.
The two major ones for which special conditions may exist are as follows:
1.
Dampier to Bunbury Natural Gas Pipeline
The DBNGP corridor was established after the sale of the pipeline in 1998 and incorporated
most of the previous gas pipeline easements held in the name of SECWA, Alinta Gas or the
Gas Corporation. The Dampier to Bunbury Pipeline Act 1997 regulates the use of land within
the DBNGP corridor and is relatively restrictive in its requirements.
RDL manages the DBNGP corridor and has, with Ministerial endorsement, established a
policy of not creating additional easements or interests over land in the corridor. In terms of
Plan production this means it is highly unlikely a Plan presented showing an easement over
the DBNGP corridor would be approved or any subsequent endorsement on the Title
registered. Plans that impact on the DBNGP corridor land should show a gap in the
easement, or right of carriageway, where they cross the DBNGP corridor. To facilitate legal
access to that portion of land held in the DBNGP corridor the consent of the Minister is
usually required.
For further information on the requirements in relation to access, easements or the creation
of interests in the DBNGP corridor, contact should be made with the Infrastructure Corridors
section at RDL on 9347 5130.
2.
Parmelia Pipeline
The Parmelia Pipeline (Formerly the WANG or Dongara to Pinjarra Pipeline) is a privately
owned gas transmission pipeline. Its current owners, CMS Gas Transmission, operate the
pipeline within an easement registered on the applicable Titles.
It is therefore important that when preparing Plans of subdivision that have roads going over
the pipeline easement, the effect of which would be to extinguish the easement, that early
contact be made with CMS to provide for future secure tenure for the gas pipeline and/or
associated facilities as a replacement for the easement.
For further information in this regard please liaise with Mr Tom Lyons at CMS on 9353 7503.
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22. Table of Appendices
The Appendices are separate documents and can be accessed via the links
throughout this manual or by clicking on the links in the Table below.
Appendix No.
Description
1
Road Casement Survey by Limited Marking
2
Operational Directives
3
Table of Field Book Examples
4
Table of Plan Examples
5
Cadastral Survey Data (CSD) Digital Data Format Version 1.1
6
Survey Practice Guide for the Preparation and Electronic Lodgement of Plans
and Field Books
7
Table of Renovation Plan Indexes
8
Reference for Interests and Notifications Box as Depicted on Deposited Plans
9
Directions to Surveyors
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1 Midland Square, Midland WA 6056
PO Box 2222, Midland WA 6936
LG-892
Telephone: +61 (0)8 9273 7373
Facsimile: +61 (0)8 9250 3187
TTY: +61 (0)8 9273 7571
email: customerservice@landgate.wa.gov.au
landgate.wa.gov.au