South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 59

59—Amendment by order of ERD Court

        (1)         The ERD Court may, on application under this section, order the amendment of a community plan.

        (2)         An application may be made under this section by—

            (a)         the community corporation; or

            (b)         the owner of a community lot or a development lot; or

            (c)         a person who holds a registered encumbrance over a community lot or a development lot; or

            (d)         in the case of a strata scheme—an insurer of a community lot or any part of the common property.

        (3)         Such an application may only be made—

            (a)         for the purpose of correcting an error in the plan; or

            (b)         for the purpose of varying the lot entitlements of the lots; or

            (c)         in the case of a strata scheme—for the purpose of achieving amendments that have become desirable in view of damage to buildings within the strata scheme; or

            (d)         for the purpose of achieving any other amendments that are desirable in the circumstances of a particular case.

        (3a)         If it appears to the Court that the proposed amendment of the community plan could adversely affect a person who is not a party to the proceedings, the Court should not order the amendment unless the Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter.

        (3b)         In determining an application under this section the Court must have regard to the matters (if any) prescribed by regulation.

        (4)         The ERD Court may, on an application under this section, make one or more of the following orders—

            (a)         an order for amendment of the community plan;

            (b)         if the plan is a primary or secondary plan—an order for amendment of a secondary or tertiary plan (if any) that divides a primary or secondary lot;

            (c)         any further orders that may be necessary to achieve justice between those affected by the amendment;

            (d)         incidental or ancillary orders.

        (5)         Where an order for the amendment of a community plan is made, the Registrar-General must, on lodgement of a copy of the order and any other documentary material the Registrar-General requires, amend the plan in accordance with the order.