73Resuming authority must apply to Supreme Court

#### 73 Resuming authority must apply to Supreme Court 73 Resuming authority must apply to Supreme Court > > (1) A resuming authority proposing to resume the whole of a scheme parcel or strata parcel that will cease to be subject to a scheme must apply to the Supreme Court for an order under Part 9 terminating the scheme. > > > (2) A resuming authority proposing to resume part of the land in a scheme parcel or strata parcel must apply to the Supreme Court for an order restructuring the scheme. > > > (3) Subsection (2) does not apply if the only land to be resumed is— > > > > > (a) part of the association property or common property in a scheme, or > > > > > (b) land below the surface of the scheme parcel and there will be no disturbance to the surface. > > > (4) The Supreme Court may, when making an order restructuring the scheme, also make any order it considers necessary, including— > > > > > (a) to adjust unit entitlements, or > > > > > (b) to amend any applicable— > > > > > > > (i) development contract, or > > > > > > > (ii) management statement, or > > > > > > > (iii) by-laws under a strata scheme, or > > > > > (c) if part of a lot is to be resumed— > > > > > > > (i) to make the residue of the lot a lot in the scheme, or > > > > > > > (ii) with the consent of the owner of the residue of the lot, to vest the residue of the lot in the relevant association or strata corporation as association property or common property. > > > (5) An order under subsection (4)(c)(ii) vests the land freed from any mortgage, lease, charge, covenant charge, writ or caveat affecting it before the vesting. > > > (6) An application under this section must be made before the publication of the relevant notice of resumption.