South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 61

61—Persons whose consents are required

        (1)         The applicants must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the amalgamation—

            (a)         a person who is the owner of a community lot at the relevant time but who did not have the opportunity of voting against the resolution of the corporation authorising the proposed amalgamation because he or she was not then a member of the corporation; and

            (b)         the prospective owner at the relevant time of a community lot; and

            (c)         the owner or prospective owner at the relevant time of a development lot; and

            (d)         a registered encumbrancee or prospective encumbrancee at the relevant time of a community lot or a development lot; and

            (e)         the persons referred to in subsection (2).

        (2)         The consents of the following persons are required—

            (a)         where the plans to be amalgamated are primary plans and a primary lot is divided by a secondary plan—

                  (i)         a person who is the owner of a secondary lot at the relevant time but who did not have the opportunity of voting against the proposed amalgamation because he or she was not then a member of the secondary corporation; and

                  (ii)         the prospective owner at the relevant time of a secondary lot; and

                  (iii)         the owner or prospective owner at the relevant time of a development lot in the secondary scheme; and

                  (iv)         a registered encumbrancee or prospective encumbrancee at the relevant time of a secondary lot or development lot; and

            (b)         where the plans to be amalgamated are primary plans and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the plans to be amalgamated are secondary plans and a secondary lot is divided by a tertiary plan—

                  (i)         a person who is the owner of a tertiary lot at the relevant time but who did not have the opportunity of voting against the proposed amalgamation because he or she was not then a member of the tertiary corporation; and

                  (ii)         the prospective owner at the relevant time of a tertiary lot; and

                  (iii)         the owner or prospective owner at the relevant time of a development lot in the tertiary scheme; and

                  (iv)         a registered encumbrancee or prospective encumbrancee at the relevant time of a tertiary lot or development lot.

        (3)         The consent of the owner or an encumbrancee of a lot is not required under this section if before the relevant time an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner or an encumbrancee of the lot.

        (4)         The Registrar-General may dispense with the consent of a registered encumbrancee or a prospective encumbrancee in relation to an easement that will not be affected by the amalgamation.

        (5)         In this section—

"prospective encumbrancee" in relation to a lot means a person who will hold a registered encumbrance over the lot on registration of an instrument that has been presented for registration at the Lands Titles Registration Office but has not been registered;

"prospective owner" in relation to a lot means a person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;

"relevant time" means the time at which the application for amalgamation is lodged with the Registrar-General by the community corporations.