Body Corporate and Community Management Act 1997
sec.18Meaning of layered arrangement of community titles schemes
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sec.18 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— 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. See schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes. 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 schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used. (sec.18-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— 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. See schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes. (sec.18-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.18-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.18-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.18-ssec.5) The diagram and notes in schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used.