New South Wales Consolidated Acts New South Wales Consolidated Acts(1973 Act, s 7)
(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 4 (1) of this Act or in section 5 (1) of the Strata Schemes (Freehold Development) Act 1973 ).
"land" means land under the Real Property Act 1900 , held in fee simple by any person (other than land comprised in a qualified or limited folio of the Register) being, except as provided by subsection (3) (a), (b) and (c):(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,and, where the land is leased, being land subject to a lease or leases (the terms of which are all expressed to expire at the same time) which is or are registered, or lodged for registration, under the Real Property Act 1900 .
(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.
(3) 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,(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 vested in fee simple in the person in whom the proposed lots or proposed lots and common property are vested.
(3A) Land that is a development lot under this Act or the Community Land Development Act 1989 cannot be subdivided under this section.Note: See section 10 for subdivision of land that is a development lot.
(4) 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 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.
(5) Where a plan is lodged in the office of the Registrar-General for the purpose of creating under section 88B of the Conveyancing Act 1919 an easement, a restriction on the use of land or a positive covenant relating to land the subject of a proposed leasehold strata scheme or of a leasehold strata scheme, in each case before leases of the lots and common property (if any) are registered for the purposes of the scheme, the plan shall be treated as having been registered for the purposes of section 88B (3) of that Act only when the leases have been registered under the Real Property Act 1900 .
(6) In this section, a reference to land held in fee simple by, or vested in, a person includes land held in fee simple by, or vested in, the Crown in right of New South Wales or a public authority (including any local council) constituted or established by an Act.
Note: Before the amendments made to this Act by the Strata Schemes (Leasehold Development) Amendment Act 1999 , only land owned by the Crown or a public authority (including a local council) could be subdivided under this Act. As a result of the amendments, land held in fee simple by any person (including the Crown, a public authority or local council) may be subdivided under this Act.