South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 60

60—Amalgamation of plans

        (1)         Two or more deposited community plans may be amalgamated to form a single community plan under this division subject to the following restrictions—

            (a)         a primary plan can only be amalgamated with another primary plan and then only if the primary parcels are contiguous;

            (b)         a secondary plan can only be amalgamated with another secondary plan and then only if both the secondary parcels form part of the same primary scheme; ¹

            (c)         a tertiary plan can only be amalgamated with another tertiary plan and then only if both the tertiary parcels form part of the same secondary scheme; ¹

            (d)         a strata plan can only be amalgamated with another strata plan. ¹

        (2)         An application for amalgamation must be made jointly by the community corporations affected by the proposed amalgamation in a form approved by the Registrar-General.

        (3)         The application must be accompanied by—

            (a)         the fee prescribed by regulation; and

            (c)         a plan of community division prepared in accordance with this Act that divides the new community parcel into the same lots and common property as the plans that it replaces; and

            (d)         a scheme description of the combined scheme that is consistent with the scheme descriptions of the constituent schemes and is endorsed by the relevant development authority; and

            (e)         the by-laws for the new scheme authorised by a unanimous resolution of each applicant corporation; and

            (f)         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)         a certificate from a land valuer in the form prescribed by regulation certifying that the schedule of lot entitlements annexed to the new community plan is correct (the Registrar-General may refuse to accept the certificate if given more than six months before the application is lodged); and

            (h)         where consequential amendments to a primary or secondary plan will be required—such plans or parts of plans as the Registrar-General may require; and

                  (i)         such other documentary material as the Registrar-General may require.

        (4)         The applicants must provide evidence to the satisfaction of the Registrar-General that the application is made in pursuance of a unanimous resolution of each applicant corporation.

Explanatory Note—

1         Amalgamation of secondary or tertiary plans in different schemes can be achieved by amendment of the plans of each scheme under Division 1.