New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 27

27 Dedication of common property

(1) In this section:
"common property" does not include common property in a strata scheme that is part of a community scheme under the Community Land Development Act 1989 .
"drainage reserve" means land that is set aside as a drainage reserve, under section 49 of the Local Government Act 1993 .
"public reserve" has the same meaning as it has in the Local Government Act 1993 .
"public road" has the same meaning as it has in the Roads Act 1993 .

(1A) Common property may be dedicated as public road, public reserve or drainage reserve by registration of a plan under Division 3 of Part 23 of the Conveyancing Act 1919 .

(1B) Common property may be dedicated as public reserve only if there is an adjoining public road or other public place giving access to the reserve by the public.

(2) The common property to be dedicated must be identified on a plan and relate to a statement, acknowledged by endorsement of the seal of the body corporate pursuant to a special resolution, that it is intended:

(a) to open or widen a public road, or

(b) to create a public reserve, or

(c) to create a drainage reserve.

(2A) The seal of the body corporate is to be endorsed on the plan, subject to subsection (3A).

(3) Common property that is a leasehold interest acquired under section 19 (2) may be dedicated only if each additional seal or signature required by section 195D of the Conveyancing Act 1919 to allow registration of the plan under Division 3 of Part 23 of that Act has been obtained.

(3A) If the plan is lodged electronically, or the plan is lodged manually but the seals, signatures and consents required by this section are not endorsed on the plan, they must be endorsed on the approved form for signatures and that form must be lodged in the same way as the plan.

(4) Upon registration, under the Conveyancing Act 1919 , of a plan referred to in subsection (2), the Registrar-General shall make in the Register such recordings, with respect to the effect of that registration, as he considers appropriate.