COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 58 Plan to be lodged for resumption of part of lot to be excluded

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 58

58 Plan to be lodged for resumption of part of lot to be excluded

(1) This section applies to land the subject of a resumption referred to in section 57.

(2) Before publication of a notice of resumption to which this section applies, the resuming authority must lodge with the Registrar-General, for registration as a current plan, a plan of the land that bears a statement to the effect that--

(a) the plan has been lodged in order to effect a resumption of the land in the plan, and

(b) the land is to be excluded from the related scheme.

(3) There must be lodged for registration with the current plan--

(a) except in the case of land in a strata scheme--an additional sheet of the detail plan for the relevant community plan, precinct plan or neighbourhood plan showing the altered boundaries of the lots affected, or

(b) in the case of land in a strata scheme--a strata plan of subdivision showing as a lot the residue of the resumed lot unless the residue is to be vested in the strata corporation as common property.

(4) An additional sheet must bear a statement to the effect that it has been lodged because of an intended resumption of the land.

(5) An additional sheet does not take effect before publication of the notice of resumption.

(6) If the residue after resumption is to be vested as association property, there must be lodged for registration with the order of the Supreme Court under section 57 a replacement sheet for the relevant community property plan, precinct property plan or neighbourhood property plan showing the altered boundaries of the association property.