The following information relates to a unit development where boundaries have been affected by earthquake movement.
For cross leases see Cross lease developments - Rule 20.6 and for other types of non-primary rights see Easements and other non-primary rights -Rule 20.6.
New unit developments
Where there is a new unit title development every affected boundary on the underlying parcel must be defined by survey [r 20.6(b)(i)]. A new development can be interpreted as where there is no existing unit title development or where an existing development has been cancelled.
If an underlying boundary is redefined as a result of rule 20.6(b)(i), a new underlying parcel must be created [r 20.6(b)(ii)]. A new underlying parcel must also be created where any of the affected boundaries of the underlying parcel have already been redefined but not recorded in the tenure system [r 20.6(b)(ii)]. An example of this is an affected boundary redefined in a boundary marking Survey Office (SO) CSD.
For registration under the Land Transfer Act, creating a new underlying parcel requires a LT CSD defining the full extent of the underlying parcel. This CSD will need to precede the unit title CSD.
Existing unit developments
Where there is part of an existing unit development on the underlying parcel and a new unit or other non-primary parcel is being defined as part of this development, only the affected underlying boundaries that are coincident with or intersected by the non-primary parcel boundaries need be redefined [r20.6(a)].
Under the Land Transfer Act, the redefinition of an affected underlying primary parcel boundary would normally require a CSD defining the full extent of the underlying parcel and the issue of a new computer register. Rule 20.6(d) provides a concession where an underlying boundary redefined as a consequence of Rule 20.6(a), or already redefined in terms of earthquake movement on an approved CSD (including an approved SO CSD), may be recorded in the LT CSD that creates the new non-primary parcel. The deposit of this CSD will create a record of survey of the redefined underlying boundary in the register (the Registrar-General of Land will update the existing computer register to refer to the partial redefinition of the underlying parcel). For example, a LT CSD may record a new unit parcel as well as the redefinition of an intersected or coincident affected underlying primary parcel boundary.
To ensure users of the CSD are made aware of the two purposes of the survey (the redefined boundary and the new non-primary parcel), Rule 20.6(e) requires information in the CSD Diagram of Parcels that makes it clear to users of the Title Plan that the CSD is also recording the partial redefinition of the underlying parcel. The two purposes must be recorded in the survey report (Rule 8.2(a)(i)) and the dataset description panel.
Affected underlying boundaries that are non-coincident or not intersected may be accepted and be class D [r 20.6(c)(i)].
The example below shows new unit parcel 5 (in red) together with existing units 1 – 4. It also shows the redefinition of the affected northern boundary of Lot 1 DP 388041 (in red) and the prior redefinition of the affected eastern boundary of lot 1 recorded on SO 435687 (in blue). The western and southern boundaries are also affected boundaries and have been accepted as class D. They show the annotations required by rule 20.6(c)(ii).