New South Wales Consolidated Acts New South Wales Consolidated Acts(1973 Act, s 9)
(1) A lot (other than a development lot) or common property, or a lot (other than a development lot) and common property, may be subdivided by the registration, as a strata plan of subdivision, of a plan that complies with subsection (2).
(2) A plan complies with this subsection if:(a) it consists of a floor plan and, if required by the Registrar-General, a location plan,(b) that floor plan is accompanied by a strata certificate issued by the local council or an accredited certifier:(i) where the plan is a plan illustrating a proposed subdivision referred to in section 4 (7) (a)-in accordance with section 66 (4) or section 66A (4), or(ii) where the plan is a plan illustrating a proposed subdivision referred to in section 4 (7) (b), (c) or (d)-in accordance with section 66 (5) or section 66A (5),(c) that floor plan includes a certificate given by a registered land surveyor in the approved form certifying that each applicable requirement of Schedule 1A has been met (with the exception that the certificate need not certify any matter relating to a lot boundary that was certified in the strata plan or a previous strata plan of subdivision), and(c1) it is lodged with a separate document in the approved form that identifies any encroachment by the building (whether or not on to a public place),(d) in the circumstances set out in subsection (2A)-that floor plan is accompanied by:(i) a certificate under the seal of the body corporate certifying that the certificate referred to in paragraph (b) was given after the expiration of the initial period or that there was no initial period, or(ii) a certified or office copy of the minute of an order made under section 182 of the Strata Schemes Management Act 1996 authorising the registration of the plan, and(e) any by-law conferring a right or privileges referred to in section 51 (1) of the Strata Schemes Management Act 1996 in respect of common property comprised in the plan has been:(i) repealed, or(ii) amended so that the by-law does not so confer the right or privileges.
(2A) A floor plan is required to be accompanied by a certificate or certified or office copy if:(a) the land comprised in the plan is held by the original lessee (not being an original lessee who holds all lots forming part of the parcel to which the strata scheme concerned relates), and(b) a certificate under subsection (2) (d) or section 16 (2) (b) or 32 (4) (b) has not previously been lodged in the office of the Registrar-General.
(3) A plan shall not be registered as a strata plan of subdivision under this section unless:(a) there have been lodged in the office of the Registrar-General for registration the replacement leases relating to the proposed lots comprised in the plan,(b) those replacement leases contain provisions to the effect that they are in substitution for the leases determined or otherwise affected by the subdivision, and(c) the terms of those replacement leases are all expressed to commence on registration of the plan and to expire at the same time as any lease to be determined and, where the replacement leases confer rights of renewal, the renewal terms are the same as those contained in the leases of other lots comprised in the leasehold strata scheme concerned.
(4) The provisions of section 7 (4) and (5) apply to the registration, as a strata plan of subdivision, of a plan illustrating a proposed subdivision referred to in section 4 (7) (c) or (d) in the same way as they apply to the registration of a plan as a strata plan.
(5) Subsections (2) (b) and (2) (d) do not apply to or in respect of a plan lodged for registration as a strata plan of subdivision by a person or body who or which, but for section 3, would not be bound by this Act.