South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 66

66—Persons whose consent is required

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

            (a)         the owners at the relevant time of the community lots and the development lots (if any); and

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

            (c)         a registered encumbrancee or prospective encumbrancee at the relevant time of a community lot or development lot.

        (2)         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.

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

        (4)         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 cancellation is lodged with the Registrar-General by the community corporation.