SUBDIVISION ACT 1988 - SECT 32A Total consolidation or re-subdivision

SUBDIVISION ACT 1988 - SECT 32A

S. 32A(1) substituted by No. 80/2009 s. 102(1).

    (1)     All of the owners of lots on a plan who are members of one or more owners corporations may submit for certification, and lodge for registration, a plan consolidating or re-subdividing all of the land on the plan that is affected by the owners corporation or owners corporations.

    (2)     The Registrar must not register the plan unless satisfied that each owners corporation on the existing plan has no accrued or accruing debts.

S. 32A(3) substituted by No. 80/2009 s. 102(2).

    (3)     If a plan is registered under subsection (1), then on registration of the plan—

        (a)     any owners corporation on the previous registered plan that affected the land is dissolved; and

        (b)     if the land affected by an owners corporation in the previous registered plan was vested in one lot owner, the land vests in that lot owner; and

        (c)     if the land affected by an owners corporation in the previous registered plan was vested in more than one lot owner, the land vests in the former lot owners who were members of that owners corporation as tenants in common in proportion to their lot entitlements in that owners corporation; and

        (d)     the land is freed from—

              (i)     any caveat, mortgage, charge, lease or sub-lease; or

              (ii)     any easement under section 12, unless the easement affected the land before the registration of the previous registered plan.

S. 32B substituted by No. 69/2006 s. 211.