South Australian Current Acts South Australian Current Acts70—Division of primary parcel under Part 19AB
(1) A
primary community corporation may apply to the Registrar-General for the
division of the primary parcel under Part 19AB of the Real Property
Act 1886 and for that purpose the primary parcel will be taken to be an
allotment within the meaning of Part 19AB and the primary corporation
will be taken to be the registered proprietor of the primary parcel.
(2) The plan of
division lodged with the application must be endorsed with the consent
of—
(a) the
owners of the primary lots and the owner of the development lot or lots (if
any) comprising the primary parcel; and
(b) if a
primary lot is divided by a secondary plan—the owners of the
secondary lots and the owner of the development lot or lots (if any)
comprising the secondary parcel; and
(c) if a
secondary lot is divided by a tertiary plan—the owners of the
tertiary lots and the owner of the development lot or lots (if any) comprising
the tertiary parcel,
as well as the consents of the other persons required by Part 19AB Division 2
of the Real Property Act 1886 .
(3) If a primary lot
has been divided by a secondary plan or if a secondary lot created by such a
plan has been divided by a tertiary plan, the plan of division under Part 19AB
may (with the approval of the relevant development authority) retain the
primary or secondary lot as an allotment.
(4) If a primary lot
referred to in subsection (3) is retained as a separate allotment, the
secondary plan will be taken to be a primary plan and any tertiary plan that
divides a lot created by that plan will be taken to be a secondary plan.
(5) If a primary lot
referred to in subsection (3) is not retained as a separate allotment but
a secondary lot that has been divided by a tertiary plan is so retained, the
tertiary plan will be taken to be a primary plan.
(6) The primary plan
is cancelled by the deposit of a plan of division under Part 19AB and a
secondary or tertiary plan (if any) is also cancelled unless the primary or
secondary lot divided by the plan is retained as an allotment in the division.
(7) On cancellation of
a primary, secondary or tertiary plan under this section, the primary,
secondary or tertiary community corporation is dissolved and—
(a) the
liabilities of the former corporation attach directly to the owners of the
former community lots jointly and severally (but they will be entitled to
contribution amongst each other in proportions determined by reference to the
lot entitlements of the former lots);
(b) the
assets of the former community corporation will be divided between the owners
of the former community lots in proportions determined by reference to the
lot entitlements of the former lots.
(8) The cancellation
of a plan of community division on the deposit of a plan of division under
Part 19AB revokes the by-laws of the community scheme and discharges the
development contract or contracts (if any) included in the scheme.
(9) If, on the
division of a primary parcel under this Part, the land comprising the former
parcel is transferred to the owners of the former lots in the same shares as
if the community plan had been cancelled under Part 7 Division 3, no duty is
payable under the Stamp Duties Act 1923 in respect of the transfer.