South Australian Current Acts South Australian Current Acts67—Application to ERD Court
(1) An application to
the ERD Court for an order cancelling a community plan may be made
by—
(a) the
community corporation; or
(b) the
owner of a community lot or a development lot; or
(c) a
person who has a registered encumbrance (excluding an easement) over a
community lot or a development lot.
(1a) If it appears to
the ERD Court that the proposed cancellation of the community plan could
adversely affect a person who is not a party to the proceedings, the ERD Court
should not order the cancellation unless the ERD 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.
(1b) In determining an
application under this section the ERD Court must have regard to the matters
(if any) prescribed by regulation.
(2) If the
ERD Court makes an order for the cancellation of a community plan, the
community corporation must lodge with the Registrar-General—
(a) an
application to note the order in a form approved by the Registrar-General; and
(b) the
fee prescribed by regulation; and
(c) a
copy of the order; and
(d) if
the plan is a primary plan—a plan that delineates the outer boundaries
of the primary parcel; and
(f) if
the plan includes a development lot or lots—
(i)
a schedule of lot entitlements in a form approved by the
Registrar-General setting out lot entitlements determined in accordance with
section 68 for the community lots and the development lot or lots; and
(ii)
a certificate from a land valuer certifying that the
schedule of lot entitlements is correct (the Registrar-General may refuse to
accept the certificate if given more than six months before it is lodged).