Section 70 Notification

Notifications under Section 70A

Section 70A is a section of the Transfer of Land Act that allows notifications to be placed on Titles. Sometimes the Council places a condition on a subdivision or development that a notification be placed on the Certificate of Title for the land. The developer/landowner is required to pay all costs associated with the preparation and registration of a notification on a Certificate of Title under Section 70A of the Land Transfer Act. It is recommended that Council’s solicitors be used to prepare and register the Section 70A notification documentation.

They are: McLeods Barristers & Solicitors 220-222 Stirling Highway Claremont WA 6010

Ph: 9383 3133

 The applicant needs to provide McLeods with a copy of the Development or Subdivision Approval and ask them to prepare a Section 70A notification to go on the Certificate of Title. If you use your own solicitor to prepare the notification there may still be a charge for the Council’s solicitor to check the document before the Shire will sign the document. Steps and timeline for the preparation, execution (signing) and registration of a Section 70A Notification

  1. Applicant/landowner engages McLeods to prepare Notification document. Please provide a copy of the development approval or subdivision approval to McLeods.
  2. Preparation of document by McLeods.
  3. Landowner/s must execute (sign) the document.
  4. Landowner (or McLeods on their behalf) submits the original document to the Shire for execution.
  5. Shire Planning Officer checks document and forwards it to the Chief Executive Officer and Shire President for execution (signing and sealing) of the document. This may take some time as the Shire President is not in the Shire office on a daily basis.
  6. The Planning Officer mails the executed document back to McLeods.
  7. McLeods arranges for the notification to be registered against the Certificate of Title.