South Australian Current Acts

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COMMUNITY TITLES ACT 1996 - SECT 53

53—Status of application for amendment of plan

        (1)         An application under section 52 for the amendment of a deposited community plan will, upon being lodged with the Registrar-General, be taken for the purposes of the Real Property Act 1886 to be an instrument presented for registration and will have priority over other instruments in accordance with section 56 of that Act.

        (2)         Subject to subsection (3), an application cannot be withdrawn or amended without the consent of all the persons who have consented to the application.

        (3)         The Registrar-General may permit an applicant, or a person who has consented to the application, to amend the application in order to comply with this Act or the Real Property Act 1886 or with a requirement of the Registrar-General under this Act or the Real Property Act 1886 .

        (4)         The provisions of the Real Property Act 1886 that apply to, or in relation to, instruments of a particular class will, subject to this Part, apply (with any necessary adaptations or modifications) to, or in relation to, an application for the amendment of a deposited community plan if amendment of the plan by the Registrar-General—

            (a)         would operate to vest in a person under section 55 the same kind of estate or interest as is vested by registration of instruments of that class; or

            (b)         would discharge or otherwise extinguish an estate or interest in land under section 55 of the same kind as is discharged or extinguished by registration of instruments of that class.



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