New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 55

Resumption of part of lot without exclusion from scheme

55 Resumption of part of lot without exclusion from scheme

(1) This section applies to land that--
(a) is not association property or common property, and
(b) is part only of a lot, and
(c) is to be resumed without being excluded from the related scheme.
(2) Before publication of a notice of resumption of the land, the resuming authority--
(a) must apply to the Supreme Court for an order amending any applicable development contract, and the management statement, by-laws and schedule of unit entitlements, as a consequence of the proposed resumption, and
(b) lodge with the Registrar-General a plan referred to in section 56 (2) (a), (3) (a) or (4).
(3) The Supreme Court may, on the application of the resuming authority, order--
(a) that the residue of the lot be a lot in the scheme, or
(b) with the consent of the proprietor of the residue of the lot--that the residue of the lot vest in the relevant association or strata corporation as association property or common property.
(4) On making an order applied for under subsection (3) the Supreme Court--
(a) may, by the order, adjust unit entitlements, and
(b) may make any other order it thinks fit with respect to the residue.
(5) 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.
(6) The order of the Supreme Court takes effect on registration.
(7) An order under subsection (3) (b) vests the land freed from any mortgage, charge, covenant charge, writ or caveat that affected it before the vesting.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback