sec.115CMeaning of layered arrangement of community titles schemes

### sec.115C Meaning of layered arrangement of community titles schemes A layered arrangement of community titles schemes is a grouping of community titles schemes— in which there is 1 community titles scheme (the principal scheme ) that— See BCCM Act , schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes. is not a lot included in another community titles scheme; and is made up of— the scheme land for all other community titles schemes in the grouping; and its own common property; and each lot, if any, that is not a community titles scheme, but that is included in the scheme; and in which there is at least 1 basic scheme; and in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme. Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes— is a subsidiary scheme for the principal scheme; and unless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement. A subsidiary scheme , for a community titles scheme ( scheme A ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A. In this Act, the expression included in , if used in the context of the inclusion of a lot in a community titles scheme— establishes the relationship the lot has to the scheme; and in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme. The diagram and notes in the BCCM Act , schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used. s 115C ins 2003 No. 6 s 152 amd 2013 No. 23 s 352 sch 1 pt 1 (sec.115C-ssec.1) A layered arrangement of community titles schemes is a grouping of community titles schemes— in which there is 1 community titles scheme (the principal scheme ) that— See BCCM Act , schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes. is not a lot included in another community titles scheme; and is made up of— the scheme land for all other community titles schemes in the grouping; and its own common property; and each lot, if any, that is not a community titles scheme, but that is included in the scheme; and in which there is at least 1 basic scheme; and in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme. (sec.115C-ssec.2) Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes— is a subsidiary scheme for the principal scheme; and unless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement. (sec.115C-ssec.3) A subsidiary scheme , for a community titles scheme ( scheme A ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A. (sec.115C-ssec.4) In this Act, the expression included in , if used in the context of the inclusion of a lot in a community titles scheme— establishes the relationship the lot has to the scheme; and in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme. (sec.115C-ssec.5) The diagram and notes in the BCCM Act , schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used. - (a) in which there is 1 community titles scheme (the principal scheme ) that— Note— See BCCM Act , schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes. (i) is not a lot included in another community titles scheme; and (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and - (i) is not a lot included in another community titles scheme; and - (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and - (A) the scheme land for all other community titles schemes in the grouping; and - (B) its own common property; and - (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and - (b) in which there is at least 1 basic scheme; and - (c) in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme. - (i) is not a lot included in another community titles scheme; and - (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and - (A) the scheme land for all other community titles schemes in the grouping; and - (B) its own common property; and - (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and - (A) the scheme land for all other community titles schemes in the grouping; and - (B) its own common property; and - (C) each lot, if any, that is not a community titles scheme, but that is included in the scheme; and - (a) is a subsidiary scheme for the principal scheme; and - (b) unless it is a lot included in the principal scheme, may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement. - (a) establishes the relationship the lot has to the scheme; and - (b) in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.