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COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 53
Resumption of land not part of association property or common property
(1) This section applies to all notices of resumption other than a notice that
is limited to part of the association property or common property in a scheme.
(2) Before publication of a notice of resumption, the resuming authority must
apply to the Supreme Court for an order dealing with the consequences of the
proposed resumption.
(3) If the land is to be excluded from the scheme, the
application for the order must include an application for directions as to--
(a) adjustment of unit entitlements, and
(b) amendment of any applicable
development contract and of the management statement or the by-laws under a
strata scheme, and
(c) if the resumption is to include part only of a
lot--the manner of dealing with the residue of the lot.
(4) As soon as
practicable after the Supreme Court makes the order, the resuming authority
must lodge an office copy of the order for registration by the
Registrar-General accompanied by a replacement sheet that is sealed by the
Supreme Court and is a replacement sheet for the
schedule of unit entitlements-- (a) if the resumption would affect a
community scheme--for the community scheme and each subsidiary scheme, or
(b)
if the resumption would affect a neighbourhood scheme that is not part of a
community scheme--for the neighbourhood scheme.
(5) The order of the Supreme
Court takes effect on registration.
(6) The Registrar-General is to give
effect to so much of the order of the Supreme Court as relates to the
schedule of unit entitlements-- (a) by cancelling the existing schedules of
unit entitlements, and
(b) by substituting for the cancelled schedules those
lodged under subsection (4), and
(c) in the case of a strata scheme--by
recording the effect of the order in the folio for the common property under
the scheme.
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