South Australian Consolidated Acts

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COMMUNITY TITLES ACT 1996 - SECT 54

54—Amendment of the plan

        (1)         Where due application is made for the amendment of a deposited community plan, the Registrar-General may amend the plan or substitute a new plan and in either case the Registrar-General must amend or endorse any certificate of title affected by the amendment, or cancel any such certificate and issue a new certificate or new certificates.

        (2)         If the Registrar-General substitutes a new plan, he or she must ensure that the documents required by this Act to be filed with a deposited plan are filed with the new plan.

        (3)         Where the amendment affects the delineation of lots or common property to only a minor extent (to be prescribed by regulation) the Registrar-General may dispense with one or more of the following—

            (a)         the consent of the holder of a registered encumbrance;

            (b)         the endorsement of the scheme description by the relevant development authority;

            (c)         the certificate from the Development Assessment Commission under section 51 of the Development Act 1993 ;

            (d)         the certificate from a licensed surveyor;

            (e)         the certificate from a land valuer.

        (4)         Subject to this Division, the provisions of Part 3 apply to, and in relation to, the amendment or substitution of a plan of community division under this Division as if the application for amendment of the plan were an application for division under that Part and the amendment or substitution of the plan were the deposit of the plan as amended in the Lands Titles Registration Office.



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