South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 62

62—Deposit of amalgamated plan

        (1)         Where—

            (a)         application is made in accordance with this Division for the amalgamation of community plans; and

            (b)         the requirements of this Division in relation to the application have been satisfied; and

            (c)         the new community plan conforms with the requirements of this Act,

the Registrar-General must deposit the new plan in the Lands Titles Registration Office.

        (2)         When the Registrar-General deposits a new community plan in pursuance of an application under this section—

            (a)         the existing deposited community plans are cancelled;

            (b)         the Registrar-General must assign a number to the plan;

            (c)         the Registrar-General must file with the plan—

                  (i)         the new scheme description;

                  (ii)         the by-laws for the new scheme;

                  (iii)         the development contracts (if any) filed with the previous plans;

            (d)         the Registrar-General must issue new certificates of title for the lots and common property;

            (e)         the existing community corporations are dissolved and a new community corporation is created;

            (f)         the assets and liabilities of the old community corporations vest in or attach to the new corporation;

            (g)         the common property vests in the owners of the community lots.

        (3)         If—

            (a)         an easement is appurtenant to the common property shown on one or more (but not all) of the plans to be amalgamated; and

            (b)         the consent of the owner of the servient land and of all persons who appear from the Register Book to hold a registered encumbrance over the servient land (other than an easement that will not be affected) is endorsed on the application for amalgamation,

the easement will, upon amalgamation of the community plans, be appurtenant to the common property of the parcel formed by the amalgamation.

        (4)         On the amalgamation of two or more secondary or tertiary plans under this Division—

            (a)         the primary or secondary lots divided by those plans are amalgamated into a single primary or secondary lot and the lots from which that lot is formed cease to exist; and

            (b)         the Registrar-General must make appropriate amendments to the primary or secondary plan that created those lots.