(1)  In this section –

non-transferred part of the land, in relation to an area of land, means a part of the land that is a part to which an interest transferred in accordance with subsection (2) does not relate;

Recorder means the Recorder of Titles appointed pursuant to section 4(1) of the Land Titles Act 1980 ;

transferred part of the land, in relation to an area of land, means a part of the land that is a part to which an interest transferred in accordance with subsection (2) relates.

(2)  A transfer order may transfer an interest, or all of the interests, of the transferor in respect of part of an area of land vested in the transferor.

(3)  A transfer order that transfers an interest in part of an area of land in accordance with subsection (2) must –

(a) contain a plan that –

(i) identifies the interest and the transferred part of the land to which the interest relates; and

(ii) describes the size and boundary of the transferred part of the land; and

(iii) describes the boundary of the non-transferred part of the land; or

(b) otherwise describe the interest.

(4)  Without limiting the interests that may be transferred by a transfer order, a transfer order that transfers an interest in part of an area of land in accordance with subsection (2) may, in the terms specified in the order, do either or both of the following:

(a) create or amend an interest, in favour of the transferee, that burdens the non-transferred part of the land;

(b) create or amend an interest, in favour of the transferor, that burdens the transferred part of the land.

(5)  A transferee to whom an interest in respect of a part of an area of land is transferred by a transfer order in accordance with subsection (2) must lodge a caveat under section 133 of the Land Titles Act 1980 in relation to the interest.

(6)  A transferee to whom an interest in respect of a part of an area of land is transferred by a transfer order in accordance with subsection (2) must lodge with the Recorder, together with an application under section 138A of the Land Titles Act 1980 in relation to the interest –

(a) a copy of the transfer order; and

(b) a plan, prepared by a registered surveyor in accordance with the requirements of the Recorder, that identifies the transferred part of the land and the non-transferred part of the land; and

(c) any other documents that the Recorder may require.

(7)  The Recorder must register the transfer of an interest referred to in an application under section 138A of the Land Titles Act 1980 made in accordance with subsection (6) , if the Recorder is satisfied that –

(a) the plan lodged in accordance with subsection (6)(b) conforms with the transfer order lodged with the Recorder under subsection (6)(a) ; and

(b) any documents required under subsection (6)(c) to be lodged have been lodged with the application; and

(c) the transferor has sufficient title to dispose of the interest; and

(d) the execution of the plan is consistent with the proper administration of the Land Titles Act 1980 or this section; and

(e) there are no errors or inconsistencies in the plan or the transfer order, or between the plan and that order, that require amendment.

(8)  The Recorder may, if he or she is not satisfied as to the matters referred to in subsection (7) in relation to the transfer of an interest in accordance with subsection (2)  –

(a) notify the transferee and the Minister of the grounds on which the Recorder is not so satisfied; and

(b) refuse to register under the Land Titles Act 1980 the transfer of the interest in accordance with this section until the Recorder is satisfied as to those matters.

(9)  Despite sections 33(14)(a) and 143I of the Land Titles Act 1980 , the Recorder may create a new folio or a new plan under that Act, even though to do so would be to permit the subdivision of land contrary to the Local Government (Building and Miscellaneous Provisions) Act 1993 .

(10)  The transfer of an interest in a part of an area of land in accordance with subsection (2) is not to be taken to be a subdivision of the land for the purposes of the Land Use Planning and Approvals Act 1993 and no permit is required under that Act to be granted in relation to the transfer of such an interest.

(11)  Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 does not apply in relation to the transfer of an interest in accordance with subsection (2) .