New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 19

19 Strata plans to be signed or consented to

(1973 Act, s 16)

(1) The Registrar-General shall not register as a strata plan a plan lodged in the office of the Registrar-General unless the separate document required to be lodged under section 7 (2A) with the plan has been signed:

(a) by the registered proprietor of the land comprised in the plan,

(b) by every lessee under a lease that is recorded in a folio of the Register relating to that land,

(c) by every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in that folio of the Register, and

(d) by every mortgagee or chargee under a mortgage of or charge affecting a lease referred to in paragraph (b).

(2) Without limiting the effect of subsection (1), the Registrar-General may refuse to register a plan referred to in that subsection unless consents in writing to the registration of the plan that have been signed by (or by an agent authorised by) such of the following persons as the Registrar-General may determine:

(a) the judgment creditor under any writ recorded in the folio of the Register relating to the land comprised in the plan,

(b) the caveator under a caveat affecting any estate or interest in that land,

are lodged in the office of the Registrar-General.

(3) Subject to subsection (5), the Registrar-General shall not register as a strata plan of subdivision, a strata plan of consolidation or a building alteration plan a plan lodged in the office of the Registrar-General unless the separate document required to be lodged under this Division with the plan is signed:

(a) by the lessor and lessee of the lot or development lot to which the plan relates,

(b) by every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge that is recorded in the folio of the Register for the lease of that lot, and

(c) where the plan relates to common property-by the body corporate constituted for the purposes of the leasehold strata scheme.

(4) Without limiting the effect of subsection (3), the Registrar-General may refuse to register a plan referred to in that subsection unless consents in writing to the registration of the plan signed by (or by an agent authorised by) such of the following persons as the Registrar-General may determine:

(a) the judgment creditor under any writ that is recorded in the folio of the Register for the lease of any lot to which the plan relates,

(b) the caveator under a caveat affecting any estate or interest in that lot,

are lodged in the office of the Registrar-General.

(5) In relation to any particular plan lodged for registration as referred to in subsection (1) or (3), the Registrar-General may, without giving notice to any person, dispense with the requirement for a person mentioned in that subsection to sign the separate document required to be lodged with the plan.