South Australian Current Acts South Australian Current Acts (1) An application for
the amendment of a deposited community plan—
(i)
the community corporation; or
(ii)
subject to subsection (1a), the owners of all
community lots that will be affected by the amendment; and
(b) must
be in a form approved by the Registrar-General.
(1a) An application
for the amendment of a deposited community plan may only be made by the owners
of all community lots that will be affected by the amendment if the
amendment—
(a) does
not affect any common property; and
(b) does
not alter the total number of community lots in the community parcel; and
(c) does
not affect the aggregate of the lot entitlements of the community lots
affected by the amendment; and
(d) does
not alter the boundaries of the community parcel; and
(e) is
not contrary to the scheme description or by-laws or any development contract;
and
(f) in
the case of a secondary plan—is not contrary to the scheme description
or by-laws of the primary scheme; and
(g) in
the case of a tertiary plan—is not contrary to the scheme description or
by-laws of the primary or secondary scheme.
(2) The applicant or
applicants must provide evidence to the satisfaction of the
Registrar-General—
(a)
that—
(i)
in the case of an application made by a community
corporation—the application is made in pursuance of a
unanimous resolution of the corporation; or
(ii)
in the case of an application made by the owners of all
community lots that will be affected by the amendment—that the
community corporation has been notified of the application; and
(b) if
the boundaries of a community lot or a development lot are affected by the
amendment or if a community lot or a development lot is extinguished by the
amendment—that the owner of the lot (other than an owner who is an
applicant in accordance with subsection (1)(a)(ii)) and a person who
holds a registered encumbrance over the lot consent to the amendment; and
(c)
where amendment of the plan will operate to vest an estate or interest in land
in a person—that that person consents to the application.
(3) The
Registrar-General may dispense with the consent under subsection (2)(b)
of a person who holds an easement that will not be affected by the amendment
of the community plan.
(3a) Where the
amendment of a deposited community plan would result in the extinguishment of
an easement in respect of part of the dominant land, the consent of a person
who has, or claims, an estate or interest in the servient land is not required
(unless the Registrar-General determines otherwise in a particular case) in
relation to that extinguishment if rights under the easement continue in
existence in respect of some other part of the dominant land.
(4) The application
must be accompanied by—
(a) the
fee prescribed by regulation; and
(c) if
the scheme description will be inaccurate as a result of the amendment—a
copy of the scheme description appropriately amended in accordance with Part
4; and
(d) if
the amendment affects the delineation of lots or common property or creates
new lots—a copy of the scheme description (appropriately amended if
necessary) endorsed by the relevant development authority; and
(f) if
the amendment affects the delineation of lots, or common property or any
building on the community parcel or creates new lots—
(i)
a new plan to be substituted for the existing plan or,
with the approval of the Registrar-General, a sheet or sheets to be
substituted for a sheet or sheets of the deposited plan or to be added to it;
and
(ii)
a certificate from a licensed surveyor in the form
prescribed by regulation (which must be endorsed on the plan) certifying that
the plan has been correctly prepared to a scale determined by the
Registrar-General in accordance with this Act; and
(g) if
the amendment affects the relative value of the lots—a new
schedule of lot entitlements certified correct by a land valuer; and
(h) if
the amendment does not affect the relative value of the lots—a
certificate from a land valuer to that effect; and
(i)
such other documentary material as the Registrar-General
may require.
(5) If the
land valuer's certification referred to in subsection (4)(g) or (h) was
given more than six months before the application was lodged with the
Registrar-General, the Registrar-General may reject the
schedule of lot entitlements or the certificate referred to in
subsection (4)(h).
(5a) If the amendment
affects the delineation of lots or common property or creates new lots, the
Registrar-General must not deal with the application unless satisfied that the
certificate from the State Planning Commission required by section 138 of the
Planning, Development and Infrastructure Act 2016 has been given, and is
in force, in relation to the amendment.
(6) The certificate
from the State Planning Commission under section 138 of the
Planning, Development and Infrastructure Act 2016 expires at the
expiration of one year after the application for amendment of the plan was
lodged with the Registrar-General unless the Registrar-General extends the
life of the certificate.