New South Wales Consolidated Acts

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 40

40 Recording of certain orders

(1) This section applies to an order made by the Tribunal or a Court that affects:

(a) unit entitlements, or

(b) a management statement, or

(c) restricted property.

(2) If there is lodged with the Registrar-General:

(a) a certified copy of an order to which this section applies, and

(b) a request in the approved form, and

(c) the prescribed fee,

the Registrar-General is to make such recordings in the Register (including amendments of the schedule of unit entitlements and the management statement) as, in the opinion of the Registrar-General, are necessary to give effect to the order.

(3) The Registrar-General may refuse to make recordings under subsection (2) unless there is lodged with the copy of the order:

(a) the certificate of title for the association property or common property in the affected scheme, or

(b) evidence acceptable to the Registrar-General of the service on the association or strata corporation involved of a notice requiring the certificate of title to be lodged with the Registrar-General.

(4) If an association or strata corporation:

(a) fails for a period of 21 days to comply with a notice served under subsection (3), or

(b) has not within that period made an application under section 111 of the Real Property Act 1900 , or

(c) having made such an application-fails to proceed with it,

the certificate of title for the association property or common property is, for the purposes of that Act, wrongfully retained.

(5) In this section:
"certified", in relation to a copy of an order, means:

(a) if the order is an order of the Tribunal-certified by the Registrar of that Tribunal, or

(b) if the order is an order of a Court-certified by the appropriate officer of the Court,

to be a true copy.