If the amendment of a
scheme plan is required as a consequence of completion of a stage of
subdivision to which staged subdivision by-laws apply and the subdivision has
been undertaken with sufficient compliance with the by-laws as determined in
accordance with the regulations —
(a)
section 35(1)(a) to (e) do not apply; and
(b) to
the extent that the by-laws contemplate the creation or discharge of a
particular easement or restrictive covenant on the completion of the stage of
subdivision, section 35(1)(i) does not apply to that easement or restrictive
covenant.
Note for this section:
Because staged
subdivision by-laws cannot apply to subdivision comprised of the removal, from
the parcel, of land comprised of common property or the addition, to the
parcel, of land from outside the parcel, the question of an exemption can
arise in the context of a type 1 subdivision comprised of the conversion of a
lot to common property or a type 3 or type 4 subdivision. The question cannot
arise in the context of a type 2 subdivision.
[Section 36 inserted: No. 30 of 2018 s. 83.]
[Former section 36 renumbered as section 100 and relocated to Part 8 Division
1 Subdivision 3: No. 30 of 2018 s. 84.]
[ 36A, 36B. Deleted: No. 30 of 2018 s. 82(b).]
[Heading inserted: No. 30 of 2018 s. 83.]