327AA   Restriction on disposal of land in current plan

(1)  In this section:

current plan, in relation to any land, means:

(a)  a plan of subdivision registered or recorded in the office of the Registrar-General (whether before or after the commencement of the Local Government (Amendment) Act 1970) but does not include so much of that plan as relates to land included in a plan of subdivision (other than a plan of subdivision for lease purposes in accordance with section 289K) registered or recorded in that office after the plan of subdivision firstmentioned in this paragraph was so registered or recorded, or

(b)  a Crown plan (whether made before or after the commencement of the Local Government (Amendment) Act 1970) showing lots or portions, but does not include:

(i)  a Crown plan which shows land specified in the plan as being proposed to be resumed, appropriated or purchased by a body authorised by any Act to resume or appropriate land unless it is a plan referred to in paragraph (g) of the definition of plan of subdivision in this subsection,

(ii)  a Crown plan which shows land specified in the plan as being leased or proposed to be leased for a period that, including any period of renewal, does not or will not exceed five years,

(iii)  so much of a Crown plan as relates to land included in a plan of subdivision registered or recorded in the office of the Registrar-General after the Crown plan was prepared, or

(iv)  so much of a Crown plan as relates to land included in a subsequent Crown plan showing lots or portions.

plan of subdivision means:

(a)  a plan registered in the office of the Registrar-General under paragraph (e) of subsection (1), or paragraph (c) of subsection (2), of section 327,

(b)  a plan registered or recorded in the office of the Registrar-General showing land that is a lot or portion in a lawful division of land, whenever made, not being land that is a lot in a plan of subdivision (as defined in paragraph (a), (c), (d), (e), (f) or (g) of this definition) so registered or recorded,

(c)  a strata plan, a strata plan of subdivision or a strata plan of consolidation registered under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986,

(c1)  a plan of the residue of a parcel after a road widening, being a plan required by the Registrar-General under section 53 of the Strata Titles Act 1973 to accompany a copy of an order for termination of a strata scheme,

(d)  a map or plan of land comprised in an application made under Part 4 of the Real Property Act 1900,

(e)  where a folio of the Register has been created for any land following the correction of any error or misdescription of the boundaries of the land, any plan showing that land with boundaries as so corrected,

(f)  a plan registered in the office of the Registrar-General in accordance with subsection (5) of section 314B, and

(g)  a plan registered or recorded in the office of the Registrar-General showing land that has been resumed, appropriated or purchased by a body authorised by any Act to resume or appropriate land.

Register means the Register kept under the Real Property Act 1900.

(2)  Notwithstanding the provisions of section 195I of the Conveyancing Act 1919, where any land is included in a current plan, that land shall not be disposed of by way of sale, conveyance, transfer, partition or lease (other than a lease for a period that, including any period for which the lease could be renewed by the exercise of an option, does not exceed 5 years) or be mortgaged unless the land is a lot or portion shown in the current plan and the Registrar-General may refuse to register any instrument evidencing any disposition or mortgage that contravenes the provisions of this subsection.

(3)  The Registrar-General may indicate upon any plan which is in his custody or otherwise record the registration or recording of any later plan comprising some or all of the land in such firstmentioned plan.

(4)  Subsection (2) does not apply to:

(a)  land that is disposed of or mortgaged as the whole of the residue:

(i)  of a lot or portion in a current plan after part of that lot, or portion has been resumed, appropriated or purchased by a body authorised by any Act to resume or appropriate land,

(ii)  of a lot or portion in a current plan after part of that lot or portion has been opened as a public road, or

(iii)  of the land comprised in a folio of the register after part of the land has been shown in a current plan,

(b)  land that is disposed of or mortgaged as the whole of the land comprised in a folio of the Register,

(c)  the disposition or mortgaging of land that is part of a lot or portion in a current plan different parts of which are owned in severalty where:

(i)  one of the several owners disposes of or mortgages the part of the lot or portion owned by him to an owner of any other part, or

(ii)  the several owners dispose of or mortgage the lot or portion to some other person,

(d)  the disposition or mortgaging of land that is a lot or portion in a lawful division of land, whenever made, not being a lot or portion shown in a plan of subdivision registered or recorded in the office of the Registrar-General that is not a current plan or shown in a Crown plan that is not a current plan,

(e)  the disposition of land that is part of a lot or portion in a current plan where the part of the lot or portion is vested in a person in the capacity of executor, administrator or trustee and:

(i)  no other part of the lot or portion is vested in him in that capacity and the disposition is or gives effect to a sale by him in the execution of his powers as executor, administrator or trustee or is made for the purpose of giving effect to the terms of a will or codicil or a deed of settlement or for the purpose of distributing the estate of a deceased intestate, or

(ii)  the disposition gives effect to the terms of a will, codicil or deed of settlement executed before the registration of the current plan,

(f)  the disposition of land that is part of a lot or portion in a current plan by a mortgagee exercising a power of sale under a mortgage which was executed before the date of assent to the Local Government (Amendment) Act 1976, where no other part of that lot or portion is subject to the mortgage, or

(g)  the disposition of land that is part of a lot or portion in a current plan where the disposition:

(i)  is necessary to give effect to an order, direction or judgment of a court of competent jurisdiction,

(ii)  is or gives effect to a sale of land pursuant to a writ of execution,

(iii)  is or gives effect to a sale of land pursuant to section 602,

(iv)  is or gives effect to a sale of land pursuant to section 61 of the Mental Health Act 1958, or

(v)  is or gives effect to a sale of land pursuant to any power conferred by or under the Bankruptcy Act 1966 of the Parliament of the Commonwealth,

      and the person making the disposition does not have power to dispose of any other part of the lot or portion.