54BRegistration of scheme statement

54B Registration of scheme statement (1) The Registrar-General may register a scheme statement only if: (a) a request for the registration is lodged by a person who may, or is required to, lodge the statement under the Unit Title Schemes Act 2009 (the UTS Act); and

Land Title Act 2000 37 (b) the request is accompanied by: (i) the scheme statement containing the information, and accompanied by the documents, required by the UTS Act; and (ii) if the UTS Act requires a particular resolution for the decision of the body corporate to endorse the statement – evidence of the resolution; and (iii) the written consent of persons to the registration as prescribed by regulation; and (iv) for the first scheme statement of a scheme formed under section 71 or 72 of the UTS Act – a copy of the order or resolution mentioned in that section; and (v) for a subsequent scheme statement that reflects a plan of subdivision or plan of consolidation relating to the scheme land – the plan; and (vi) if the scheme is a member scheme of a layered scheme – a new scheme statement of another member scheme as prescribed by regulation; and (vii) for the first scheme statement of a scheme converted from a units plan or building development plan under section 111 of the UTS Act – any document prescribed by regulation; and (viii) any other document prescribed by regulation; and (c) the Registrar-General is satisfied: (i) the scheme statement and accompanying documents meet the requirements of the UTS Act; and (ii) for a scheme proposed to be a layered scheme or scheme intended to be developed progressively – the requirements for such a scheme under the UTS Act are met; and (iii) each of the scheme name, and body corporate name, specified in the statement has not been used for another scheme, reserved under section 54C, or is otherwise inappropriate to be used for a scheme (including, for example, because it is offensive).

Land Title Act 2000 38 (2) When registering a scheme statement, the Registrar-General must: (a) create an indefeasible title for each of the following in the land register: (i) each unit of the scheme; (ii) the common property of the scheme; and (b) for the first scheme statement of a scheme – allocate: (i) a unique identifying number as the registration number of the scheme; and (ii) a unique identifying number as the registration number of the body corporate of the scheme; and (c) for a subsequent scheme statement replacing another scheme statement of a scheme – cancel the registration of the other scheme statement; and (d) for the first scheme statement of a scheme formed by the amalgamation of 2 or more basic schemes under section 72 of the UTS Act – cancel the registration of the scheme statements of the basic schemes; and (e) for the first scheme statement of a scheme converted from a units plan or building development plan under section 111 of the UTS Act – cancel the registration of the plan. (3) The indefeasible title for the common property created under subsection (2)(a)(ii) is free of any interest previously existing in the lot constituting the property, other than an interest prescribed by regulation. (4) Without limiting subsection (3), a regulation may prescribe an easement under the Planning Act 1999 as an interest for that subsection.