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COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 58
Plan to be lodged for resumption of part of lot to be excluded
58 Plan to be lodged for resumption of part of lot to be excluded
(1) This section applies to land the subject of a resumption referred to in
section 57.
(2) Before publication of a notice of resumption to which this
section applies, the resuming authority must lodge with the Registrar-General,
for registration as a current plan, a plan of the land that bears a statement
to the effect that-- (a) the plan has been lodged in order to effect a
resumption of the land in the plan, and
(b) the land is to be excluded from
the related scheme.
(3) There must be lodged for registration with the
current plan-- (a) except in the case of land in a strata scheme--an
additional sheet of the detail plan for the relevant community plan,
precinct plan or neighbourhood plan showing the altered boundaries of the lots
affected, or
(b) in the case of land in a strata scheme--a strata plan of
subdivision showing as a lot the residue of the resumed lot unless the residue
is to be vested in the strata corporation as common property.
(4) An
additional sheet must bear a statement to the effect that it has been lodged
because of an intended resumption of the land.
(5) An additional sheet does
not take effect before publication of the notice of resumption.
(6) If the
residue after resumption is to be vested as association property, there must
be lodged for registration with the order of the Supreme Court under
section 57 a replacement sheet for the relevant community property plan,
precinct property plan or neighbourhood property plan showing the altered
boundaries of the association property.
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