South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 57

57—Alteration of boundaries of primary community parcel

        (1)         This section applies if a primary plan is to be amended by the inclusion of land from outside the primary parcel or by the removal of land from the primary parcel.

        (2)         If part but not the whole of an allotment is to be included in the primary parcel or land is to be removed from the parcel, the application under this Division will be taken to be an application for division under Part 19AB of the Real Property Act 1886 as well as being an application under this Division and accordingly—

            (a)         both this Division and Part 19AB apply to, and in relation to, the application; and

            (b)         if part of an allotment is to be included from outside the parcel, the application must be made jointly by the community corporation and the registered proprietor of the allotment to be divided; and

            (c)         the Registrar-General may direct that a combined plan or a substituted part or parts of the plan or plans to be amended be lodged with the application.

        (3)         Subsection (2) does not apply where the only transfer of land to or from the parcel is from or to the primary community parcel of another scheme. ¹

Explanatory Note—

1         Pieces of land that can be dealt with separately are created by division under Part 19AB of the Real Property Act 1886 (allotments) or by division under this Act (lots). If part of an allotment is to be incorporated into a primary community parcel or part of a primary parcel is to be merged with an allotment, deposit of a plan of division will be required under Part 19AB. If however the only land involved in the alteration of the boundaries of a primary parcel is land that forms part of, or will form part of, another primary parcel, division under Part 19AB is not applicable.