Part 14A Boundary determinations
In this Part:owner, in relation to land, means any person entitled to an estate of freehold in possession in the land:
(a) whether in fee simple or for life or otherwise, and(b) whether at law or in equity, and(c) whether absolutely or by way of mortgage.
135B Application may be made for boundary determination
(1) Application may be made to the Registrar-General for the determination under this Part of the position of the common boundary of adjoining lands.(2) Such an application can be made only by or on behalf of:(a) an owner of land on either side of the boundary, or(b) the purchaser under a contract for sale of land on one side of the boundary but only if the owner of the land consents to the application or the whole of the purchase price has been paid to the owner or the owner’s agent, or(c) a public or local authority or the Head of a Government Department.
135C Boundaries to which Part applies
This Part authorises the determination of the position of a boundary between adjoining parcels of land, whether or not each parcel is under the provisions of this Act.
135D Requirements for application
(1) An application for a boundary determination under this Part:(a) is to be made in a form approved by the Registrar-General, and(b) is to be accompanied by such information and documents in support of the application as the Registrar-General may require (either generally or in the particular case), and(c) is to be accompanied by the prescribed application fee.(2) The Registrar-General must refuse to make the determination unless satisfied, on investigation, that there is doubt as to the position of the boundary concerned.(3) The Registrar-General is to give notice to an applicant if the Registrar-General refuses to make the determination and is to give reasons for that refusal.
135E Notice of application to be given to certain persons
(1) Before determining the position of a boundary pursuant to an application, the Registrar-General is to give notice of the application:(a) to the owner of each parcel of land adjoining the boundary concerned (other than land owned by the applicant), and(b) to such other persons as the Registrar-General considers appropriate.(2) The notice is to contain such details of the application as the Registrar-General considers appropriate and is to invite the person to make a written submission concerning the application within a specified period (not less than 21 days).(3) In determining the position of the boundary, the Registrar-General is to take into consideration any submissions made in accordance with the requirements of such a notice.
135F Procedure in determining boundaries
(1) In determining the position of a boundary under this Part, the Registrar-General must consult with a registered land surveyor within the meaning of the Surveying and Spatial Information Act 2002.(2) If the Registrar-General decides that a survey or other investigation should be carried out to assist the Registrar-General in determining the position of the boundary, the Registrar-General:(a) may require any applicant for the determination to pay the reasonable costs of any such survey or investigation (and for that purpose may require payment in advance), and(b) may refuse to proceed with the determination until the required payment is made.
135G Determination of other boundaries
(1) If as a result of considering an application under this Part in respect of a boundary of land, the Registrar-General becomes aware that there is doubt as to the position of another boundary of that or other land, the Registrar-General may determine the position of that other boundary.(2) Before making a determination under this section, the Registrar-General:(a) is to give notice of the proposed determination to the owner of each parcel of land adjoining that other boundary inviting the person to make a written submission on the matter within a specified period (not less than 21 days), and(b) is to take into consideration any submissions made in accordance with the requirements of such a notice.(3) The Registrar-General must not make a determination under this section without prior consultation with the Surveyor-General.
The Registrar-General is to determine the position of a boundary on the basis of all the evidence available to the Registrar-General but, if that evidence is inconclusive, may determine it on the basis of what appears to the Registrar-General to be just and reasonable in the circumstances.
135I Notice of determination of boundary
The Registrar-General is to give notice of a determination of the position of a boundary under this Part:(a) to any applicant for the determination, and(b) to the owner of each parcel of land adjoining the boundary, and(c) to the Surveyor-General, and(d) to such other persons as the Registrar-General considers appropriate.
135J Appeals to Land and Environment Court
(1) A person who is dissatisfied with a determination under this Part may appeal to the Land and Environment Court for determination by the Court of the position of the boundary.(2) Only the following persons can appeal:(a) an owner of land adjoining the boundary,(b) a person who applied for the determination as purchaser under a contract for the sale of land adjoining the boundary,(c) a public or local authority or the Head of a Government Department.(3) An appeal must be made not later than 28 days after notice of the Registrar-General’s determination is given to the person concerned.(3A) The appellant must join each owner of land adjoining the boundary (except, in each case, an appellant owner) as a party to the following proceedings:(a) proceedings on an appeal under this section,(b) proceedings on any appeal under the Land and Environment Court Act 1979 in respect of the appeal.(4) The Registrar-General is not to take action under section 135K (Noting of boundary on plans etc):(a) until the expiration of the period during which an appeal can be made against the determination concerned to the Land and Environment Court, and(b) (if an appeal is made during that period) until the matter has been determined by the Land and Environment Court.(5) The Registrar-General is entitled to be joined as a party, and to appear and be heard either personally or by his or her duly appointed agent, at the hearing of an appeal under this section and at the hearing of any appeal under the Land and Environment Court Act 1979 in respect of any such appeal.
135K Noting of boundary on plans etc
(1) When the position of a boundary is determined under this Part, the Registrar-General:(a) is to make such notations and entries on any plan or other document registered or recorded in the office of the Registrar-General as may be necessary to show the position of the boundary determined, and(b) may cause to be registered in the office of the Registrar-General a plan showing the position of the boundary determined.(2) The Registrar-General may also amend any plan or other document to correct any error in it or supply any omission from it in respect of the position of the boundary.(3) The Registrar-General may also take action under this section in respect of the determination by a competent court of the position of a boundary as if it were a determination under this Part.(4) The Registrar-General may, if the position of a boundary is determined under this Part, request the applicant for the boundary determination to lodge in the office of the Registrar-General a plan (being, if the Registrar-General so specifies, a plan of survey) showing details of the boundary as so determined, together with such number of copies of the plan, if any, as the Registrar-General may specify.(5) The Registrar-General may refuse to take action under this section if an applicant fails to comply with a request under subsection (4).
135L Effect of boundary determination
(1) A determination of the position of a boundary under this Part takes effect when the position of the boundary is shown as referred to in section 135K (1).(2) Once the determination takes effect, the boundary is for all purposes to be taken to be in the position so shown despite any discrepancy with any plan of survey or other plan or any other record.
(1) The Registrar-General may delegate to any officer or other person employed in the office of the Registrar-General any of the Registrar-General’s powers, authorities, duties or functions under this Part.(2) A delegate may sub-delegate to any such officer or person any power, authority, duty or function delegated by the Registrar-General if the delegate is authorised in writing to do so by the Registrar-General.
135N Application of provisions where land has more than one owner
If land has more than one owner, a notice given to or by one or more of those owners for the purposes of this Part is to be taken to have been given to or by all the owners of the land.
135O Owners may agree to dispense with certain requirements
If the owners of all parcels of land adjoining a boundary that is the subject of an application under this Part consent in writing to this section applying, the Registrar-General:(a) need not comply with the requirements of section 135E (Notice of application to be given to certain persons) in respect of the application, and(b) may take action under section 135K (Noting of boundary on plans etc) in respect of a determination of the boundary concerned without having regard to section 135J (4) (action delayed to allow appeal to Court).
135P Failure to notify does not affect validity of determination
A failure by the Registrar-General to give notice to a person as required by this Part does not affect the validity of any boundary determination with which the requirement to give notice is concerned.
(1) A notice required or permitted by this Part to be given to a person may be given:(a) to the Registrar-General—by leaving it at, or by sending it by pre-paid post to, any office of the Registrar-General, or(b) to any other natural person—by delivering it to the person personally or by leaving it at, or by sending it by pre-paid post to, the address of the place of residence or business of the person last known to the Registrar-General, or(c) to a body corporate—by leaving it at, or by sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate, or(d) to any person (including the Registrar-General)—by delivering it to the facilities of a document exchange of which the person is a member.(2) In the case of service by delivery to the facilities of a document exchange, the notice is, unless the contrary is proved, to be taken to have been given on the second business day following the day of delivery of the notice to those facilities.(3) Nothing in this section:(a) affects the operation of any other law of the State that authorises the service of a document in any other way, and(b) affects the power of a court to authorise service of a document in any other way.(4) In this section, business day means any day except Saturday or Sunday or a day that is a public or bank holiday throughout the State.