(1) A proprietor of a
lot in an existing small strata scheme, as defined in section 21A, who
did not lodge an objection under section 21O may apply to the State
Administrative Tribunal for an order under this section.
(2) An order under
this section is an order —
the boundaries of lots in the scheme are to be amended to be those shown on
the strata plan immediately before the change-over day for that scheme under
section 21M; and
such other specified things occur or be done as may be necessary to reinstate
the rights and interests of proprietors accordingly.
(3) On the making of
an application under subsection (1), the State Administrative Tribunal
may make an order under this section if satisfied that —
applicant was unable because of exceptional circumstances to lodge an
objection under section 21O; and
there is a good reason why the boundaries should be amended as mentioned in
subsection (2); and
would not be unfair to any person having a registered interest in any lot for
the order to be made.
(4) An order under
this section is to specify the day on which the boundaries as amended by the
order are to have effect but that day cannot be before subsection (5) has
been complied with.
(5) An order under
this section is of no effect until a copy of the order has been recorded by
the Registrar of Titles under section 115 on the strata plan to which it
(6) In addition to the
provisions referred to in subsection (2) an order under this section has
the effects described in subsections (7), (8), (9) and (10).
(7) Each lot as
enlarged or diminished by the order is subject to —
encumbrance that was registered; or
caveat that was lodged,
with the Registrar of
Titles against the lot before the day on which the order has effect.
(8) Each lot or part
of a lot that becomes common property under the order vests in the proprietors
to be held by them as tenants in common in shares proportional to the unit
entitlements of their respective lots.
(9) The share of a
proprietor so vested is subject to any encumbrance registered or caveat lodged
with the Registrar of Titles against his lot.
(10) Any encumbrance
or caveat referred to in subsection (7) or (9) is to be taken to be
amended to give effect to that subsection.
[Section 103P inserted: No. 61 of 1996
s. 35; amended: No. 55 of 2004 s. 1156(1) and (3) and 1158.]