New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 59

59 Resumptions affecting parcels

(1973 Act, s 30)

(1) Notwithstanding the provisions of any other Act, it shall not be competent for a resuming authority to resume land:

(a) comprising solely common property unless the resumed land is defined in the notice of resumption as a lot in a current plan,

(b) comprising or including the leasehold estate or leasehold estate and reversion in all the lots the subject of a leasehold strata scheme unless the resumed land also includes the leasehold estate or leasehold estate and reversion in all common property the subject of that scheme and the notice of resumption contains a statement referred to in subsection (2) (a) or (b) in respect of the resumed land and, where that notice contains a statement referred to in subsection (2) (a), unless the resumed land is defined in that notice as a lot in a current plan, or

(c) in a parcel where some part of the resumed land does not consist of common property and the resumed land does not comprise or include the leasehold estate or leasehold estate and reversion in all the lots and all the common property the subject of the strata scheme concerned unless the notice of resumption contains a statement referred to in subsection (2) (a) or (b) in respect of that part and:

(i) where that notice contains a statement referred to in subsection (2) (a), unless the resumed land is defined in that notice as a lot in a current plan, or

(ii) where that notice contains a statement referred to in subsection (2) (b), unless any part of the resumed land that is common property is defined in that notice as a lot in a current plan and any part of the resumed land that is not common property is defined in that notice as one or more lots in a strata plan, a strata plan of subdivision or a strata plan of consolidation.

(2) For the purposes of subsection (1) (b) or (c), the statement to be included in a notice of resumption is a statement that the part of the resumed land that is not common property:

(a) is excluded from the leasehold strata scheme concerned, or

(b) remains subject to that strata scheme.

(3) A plan relating to a parcel and lodged by a resuming authority in the office of the Registrar-General for the purpose of effecting a resumption referred to in subsection (1) shall not be registered unless it includes a statement or otherwise indicates that registration of the plan is required for that purpose and:

(a) in the case of a plan lodged for registration as a strata plan of subdivision, it includes or is accompanied by a statement that it is intended that any part of the land to be resumed which does not consist of common property will remain subject to the leasehold strata scheme concerned, or

(b) in the case of a plan lodged for registration as a current plan which does not relate solely to common property:

(i) it includes or is accompanied by a statement that it is intended that the land to be resumed will be excluded from the leasehold strata scheme concerned, and

(ii) except in the case of a current plan relating to all the lots and all the common property the subject of a leasehold strata scheme, it is accompanied by a certified or office copy of the minute of an order made by the Supreme Court under section 61, 79 or 80 in respect of the resumption or of an order so made dismissing the application for the order in respect of the resumption or, in the case of a current plan relating to all the lots and all the common property the subject of a leasehold strata scheme, by a certified or office copy of the minute of an order made by the Supreme Court under section 80 in respect of the resumption.

(4) A plan lodged in the office of the Registrar-General for registration as:

(a) a strata plan of subdivision, being a plan that includes a statement referred to in subsection (3) (a), may be registered notwithstanding section 19, or

(b) a current plan, being a plan that includes a statement referred to in subsection (3) (b), may be registered notwithstanding section 195D (1) of the Conveyancing Act 1919 ,

if the plan or an approved form for signatures lodged in that office with the plan has been signed or sealed by or on behalf of the resuming authority.