BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 10
Resubdivision
BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 10
Resubdivision
10 Resubdivision
(1) Lots or common property or lots and common property may be resubdivided,
with the approval of the local government, by the registration of a plan
relating to the lots or common property or lots and common property so
resubdivided in the manner provided by this Act for the registration of plans.
(2) The provisions
of this Act relating to plans and to appeals from any decision of a local
government or failure of a local government to make a decision shall with such
modifications as may be necessary apply to resubdivision.
(5) Where the resubdivision is of 1 or more
lots so as to create only 2 or more different lots the schedule endorsed on
the building units plan of resubdivision or group titles plan of resubdivision
as required by section 19shall apportion among the lots the lot entitlement
of such lot or lots in the original plan as are included in the plan of
resubdivision and the registrar when registering that plan shall amend the
schedule to the original plan to show the lot entitlement of each lot and each
proposed lot and the aggregate lot entitlement as whole numbers.
(7) A resubdivision that creates additional common property
shall not be registered unless every mortgage, current lease, caveat or other
interest recorded on the certificate of title in respect of each lot from
which the additional common property or part thereof is derived has been
discharged, surrendered, withdrawn or otherwise disposed of in so far as it
affects that additional common property or part thereof.