The provisions relating to subdivisions to allow leases for caravan parks and mobile home estates (formerly s.289K Local Government Act 1919 now repealed) are now contained in Division 3B Conveyancing Act 1919 (as amended). Section 23H Conveyancing Act 1919 provides that a plan of subdivision for lease of a caravan park or mobile home estate must have development consent to the subdivision.
Any lease must be in terms of a whole lot in the lease plan and must not, together with any option of renewal, exceed 20 years see s.23 Conveyancing Act 1919.
The plan is not a current plan within the meaning of Section 7A Conveyancing Act 1919 (formerly s.327AA Local Government Act 1919 now repealed) but land shown as a lot in the plan may be leased and the leasehold interest may be dealt with without contravening the provisions of that section see s.7A(3)(b) Conveyancing Act 1919.
Plan requirements
- the plan should comply with all Acts and Regulations [particularly the Conveyancing Act 1919 and Conveyancing (General) Regulation 2013 and Surveying and Spatial Information Regulation 2012].
- the plan should be prepares on either Plan form 1 (PDF 35 KB) or Plan form 2 (PDF 37 KB) and include an administration sheet Plan form 6B 2012 (PDF 126KB). These forms are available from this website under Deposited plans.
- subdivision consent should be obtained in terms of s.23H Conveyancing Act 1919
- lots to be leased must be connected to satisfactory definitions of the boundaries
- the residue of the title should not be shown as a separate lot
- easements may be shown as proposed to be created on registration of leases
- s 88B easements, restrictions on use of land etc. will not apply
- on registration of the plan no title will be created, a message will be shown in ITS stating:
'DP................ is a subdivision for lease purpose pursuant to Division 3B Conveyancing Act 1919. Fee is in ............ . Leasehold title may issue on registration of lease'.
DP 839079 is an example of a movable home site subdivision at Evans Head.