(1) Land is subdivided
by a strata titles scheme —
(a) by
registration of the scheme; or
(b) by
registration of an amendment of the scheme.
(2) Registration of an
amendment of a strata titles scheme gives effect to a subdivision if it
—
(a)
effects a change to the definition of a lot in the scheme; or
(b)
effects a change to the boundary of the parcel of land subdivided by the
scheme.
Note for this section:
1. There are 4 types
of amendment of a strata titles scheme that give effect to a subdivision, with
varying requirements for resolutions and consents:
• A type 1 subdivision covers adding land
from outside the parcel to the common property (other than as temporary common
property) and what was formerly referred to as conversion of lots into common
property.
• A type 2 subdivision covers the removal of
common property from the parcel of a strata titles scheme.
• A type 3 subdivision covers what was
formerly referred to as consolidation of lots.
• A type 4 subdivision covers what was
formerly referred to as re-subdivision.
2. Re-subdivision of a
lot or common property was defined in section 3(5) of the Act as in force
immediately before the Strata Titles Amendment Act 2018 to include the
alteration of the boundaries of —
• 1 or more lots so as to create only 2 or
more different lots; or
• 1 or more lots so as to create 1 or more
different lots and common property; or
• 1 or more lots and common property so as
to create 1 or more different lots or 1 or more different lots and common
property; or
• common property so as to create 1 or more
lots or 1 or more lots and common property.
3. Schedule 2A
provides special provisions relating to subdivision in a single tier strata
scheme.
[Section 11 inserted: No. 30 of 2018 s. 83.]