New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 7

7 Subdivision

(1) In this section:
"current plan lot" means an existing lot within the meaning of the Conveyancing Act 1919 (not being a lot as defined in section 5 (1) of this Act or section 4 (1) of the Strata Schemes (Leasehold Development) Act 1986 ).
"land" means land under the Real Property Act 1900 held in fee simple (other than land comprised in a qualified or limited folio of the Register) being, except as provided by subsection (2A):

(a) land consisting of one current plan lot or of two or more contiguous current plan lots,

(b) land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919 , being land of which every part is contiguous with another part, or

(c) land part of which comprises land, as defined in paragraph (a), and the remainder of which comprises land, as defined in paragraph (b), contiguous to that firstmentioned part.

(2) Land including the whole of a building may be subdivided into lots, or into lots and common property, by the registration of a plan as a strata plan.

(2A) Land including part only of a building, being:

(a) land consisting of one current plan lot or of two or more current plan lots, whether contiguous or not, or

(b) land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919 , or

(c) land part of which comprises land, as defined in paragraph (a), and the remainder of which comprises land, as defined in paragraph (b),

may be subdivided into lots, or into lots and common property, by the registration of a plan as a strata plan, but only if the building is erected on a site of land held in fee simple.

(2B) Land that is a development lot under this Act cannot be subdivided under this section.

Note: See section 8A for subdivision of land that is a development lot.

(2C) Land that is a development lot under the Community Land Development Act 1989 can be subdivided under this section.

(3) The provisions of section 88B of the Conveyancing Act 1919 apply to a strata plan and a strata plan of subdivision in the same way as they apply to a plan referred to in that section relating to land under the provisions of the Real Property Act 1900 , except in so far as that section authorises the creation or release of easements, or the creation of restrictions on the use of land or positive covenants burdening or benefiting land not under those provisions.