New South Wales Consolidated Acts

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COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 53

Resumption of land not part of association property or common property

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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