39Cancellation of retirement village notices

39 Cancellation of retirement village notices (1) A retirement village notice cannot be cancelled except— (a) by an agreement in writing signed by all the residents of the village to which the notice relates; or S. 39(1)(b) amended by No. 4/2005 s. 17(1)(a). (b) upon the publication in the Government Gazette of a declaration in accordance with this section; or S. 39(1)(c) inserted by No. 4/2005 s. 17(1)(b). (c) in accordance with section 48. S. 39(2) amended by Nos 18/1989 s. 13(Sch. 2 item 72(g)), 17/1999 s. 43(4), 4/2005 s. 17(2). (2) An owner of retirement village land in respect of which there is registered or recorded on the Register a retirement village notice may apply to the Director for a declaration that the notice is cancelled as to the whole or any part of the land that is the subject of the notice. (3) An application under subsection (2)— (b) must include a statutory declaration signed by the owner to the effect— S. 39(3)(b)(i) amended by No. 4/2005 s. 17(3)(a). S. 39(3)(b)(ii) amended by No. 17/1999 s. 43(5). (ii) the owner has served on all the residents and former residents, and if residents have died, upon their legal personal representatives, notice in writing informing them that the owner has applied for a declaration under this section, explaining the consequences of the making of the declaration and stating that they have a right to make submissions to the Director within 60 days after service of the notice; and S. 39(3)(c) amended by No. 4/2005 s. 17(3)(b). (c) must include a copy of the notice served on residents mentioned in paragraph (b); S. 39(3)(d) inserted by No. 4/2005 s. 17(3)(c). (d) if so required by the Director, must include any information that is reasonably necessary to establish the boundaries of the land to which the application relates and the use to which the land is put. S. 39(4) amended by No. 17/1999 s. 43(4). (4) Before determining whether to grant or refuse an application the Director must consider all submissions lodged within 60 days after service of the notice mentioned in subsection (3). S. 39(5) amended by No. 17/1999 s. 43(4). (5) The Director may grant or refuse an application under this section. S. 39(6) amended by Nos 17/1999 s. 43(4), 4/2005 s. 17(4)(a). (6) On an application in accordance with this section and after considering submissions in accordance with subsection (4) the Director may by instrument published in the Government Gazette declare that the retirement village notice to which the application relates is cancelled to the extent that it applies to land that is the subject of an application that has been granted, if the Director is satisfied that— S. 39(6)(a) amended by No. 4/2005 s. 17(4)(b). (a) the land to which the application relates is no longer used as a retirement village; and (b) the owner has served on all residents, former residents and their legal personal representatives notice in accordance with this section. S. 39(7) amended by Nos 18/1989 s. 13(Sch. 2 item 72(h)) (as amended by No. 48/1991 s. 70(c)(vi)), 85/1998 s. 24(Sch. item 52.20), 17/1999 s. 43(4), substituted by No. 4/2005 s. 17(5). (7) If there is produced to the Registrar of Titles— (a) an agreement signed by all residents to the effect that a retirement village notice is cancelled, the Registrar may— (i) delete any recordings of the notice from the Register; or (ii) make a recording in the Register of the cancellation of the notice— (b) a copy of the Government Gazette in which the Director has published a declaration that a retirement village notice (to the extent that it applies to land that is the subject of an application under subsection (2) that has been granted) is cancelled, the Registrar may— (i) delete any recordings of the notice (to the extent that the notice applies to land that is the subject of the application under subsection (2) that has been granted) from the Register; or (ii) make a recording in the Register of the cancellation of the notice (to the extent that the notice applies to land that is the subject of the application under subsection (2) that has been granted)— as the case requires. S. 39(8) repealed by No. 85/1998 s. 24(Sch. item 52.21). S. 40 amended by No. 17/1999 s. 43(4), substituted by No. 4/2005 s. 18, amended by Nos 2/2008 s. 60(Sch. item 11), 19/2009 s. 29, substituted by No. 21/2012 s. 239(Sch. 6 item 38.3).