Office Circular No. 1-2006
DISTRIBUTION: SOLICITORS/ SURVEYORS/COUNCIL
SUBJECT: "EARLY ISSUE" FINAL PLANSNOTE: This Circular replaces all previous Circulars regarding Early Issue and outlines the procedure for Early Issue Plans
The early issue procedure relating to plans was detailed in Paragraph 2.2 (c) of Land Titles Office Circular No. 3 of 1990. The procedure has progressively been amended to address practical considerations as they have arisen.
The early issue scheme allows for title to issue within a period of 5 to 10 working days of lodgement of the council approved final plan at the Land Data Registration Branch (LDRB). The scheme applies to "final plans" per Section 80 of the Local Government (Building and Miscellaneous Provisions) Act 1993 and is optional and available to everyone.
The early issue scheme does not extend to plan amendments.
Section 88 (2) of the Local Government (Building and Miscellaneous Provisions) Act 1993 provides the legislative basis for the early issue procedure for final plans of subdivision.
The early issue procedure is as follows:If an owner (or lodging party) has lodged a final plan with the council under section 88 (1) of the Local Government (Building and Miscellaneous Provisions) Act 1993 and the plan has been marked "Early Issue", the owner (or lodging party), within 7 days of lodging the plan, is to lodge with the Recorder of Titles-a) a copy (marked "Early Issue") of the final plan; andb) a copy of the schedule of easements; andc) the original survey notes; andd) the original balance plan; ande) the *Certificate(s) of Title or Production Slip(s); andf) the *general law deed(s) or LDRB lodgement receipt for deeds; andg) the prescribed fee payable under the Land Titles Act 1980; andh) a request for "early issue" by LDRB Lodgement Form detailing the documentation submitted; andi) a copy of letter to the council requesting final sealing and approval, or, acknowledgement from the council of same
For plans prepared pursuant to Section 111 of the Local Government (Building and Miscellaneous Provisions) Act 1993 the Land Data Registration Branch will waive the vendor's title or deed production provided the application states
title / deed cannot be produced prior to notice of availability, transfer and settlement.
Early Issue is dependant on the lodgement of complete and error-free documentation.
*Copies of final plans marked early issue that are not lodged in accordance with the above early issue requirements will not receive the benefit of early issue but rather will be dealt with as a normal plan lodgement.
of final plans marked early issue are acceptable for lodgement at this Office. All other lodgements must be originals
Enquiries regarding early issue requirements should be directed to:
- Attention: Ingried ALICE KAWARecorder of Titles23rd March 2006