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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.
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