sec.15Subdivision of secondary lots

### sec.15 Subdivision of secondary lots A secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone may only be subdivided or resubdivided— for the purpose of the registration of a group titles plan or a building units plan over a lot thereby created—by way of registration of a plan of survey; or by way of registration of a building units plan or a group titles plan. A lot shown on a registered group titles plan referred to in subsection (1) may, subject to compliance with this section, be resubdivided by way of registration of a building units plan or a group titles plan. Notwithstanding the provisions of the Building Units and Group Titles Act 1980 , a group titles plan subdividing a secondary lot referred to in subsection (1) or resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) may create a lot or common property shown as secondary thoroughfare. In a group titles plan resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) each lot thereby created must have access to the primary thoroughfare whether directly or indirectly through a lot or lots shown as secondary thoroughfare or through common property. A group titles plan mentioned in subsection (1) or (2) that is submitted to the local government must be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on— the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan; and each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan. Notwithstanding the provisions of section 19 and of section 19 of the Building Units and Group Titles Act 1980 , the lot entitlement of a lot on a group titles plan shown as secondary thoroughfare shall be zero and the proprietor of that lot shall not be a member of the body corporate constituted in respect of that plan. If, when a group titles plan subdividing a secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone is submitted to the local government for approval, the plan is accompanied by a statement by or on behalf of the proprietor of the secondary lot that it is proposed to subdivide the group title lots to be created by the registration of that plan by the registration of building units plans— such a building units plan may be approved by the local government and may be registered by the registrar of titles and for that purpose the Building Units and Group Titles Act 1980 , section 10 (1A) , does not apply; the local government shall not approve a group titles plan subdividing such a group titles lot unless, when the plan is submitted to the local government for approval it is accompanied by statement to the like effect. The registration of a building units plan of subdivision pursuant to subsection (7) shall, notwithstanding the provisions of the Building Units and Group Titles Act 1980 take effect as if it were a resubdivision of the original group titles plan. Notwithstanding the provisions of section 27 of the Building Units and Group Titles Act 1980 , where a secondary lot that, pursuant to subsection (1) , is subdivided by the registration of a group titles plan and a lot in the group titles plan is subdivided by a building units plan pursuant to subsection (7) , the body corporate created by the registration of the group titles plan shall be deemed, for the purpose of applying the provisions of that Act, to be a body corporate created by the registration of a building units plan as if the group titles plan were a building units plan. The Building Units and Group Titles Act 1980 , section 10 (1B) and (6) (b) , does not apply to a subdivision under this section. For the purposes of section 9 (7) of the Building Units and Group Titles Act 1980 , a plan of subdivision shall be taken to have complied with the requirements of the Local Government Act 1936 as modified by the Building Units and Group Titles Act 1980 in regard to the subdivision if the plan has complied with those requirements as modified by this Act. The provisions of section 9 (6) of the Building Units and Group Titles Act 1980 do not apply to any group titles plan in respect of any land within the residential zones. However, the maximum number of group title lots or building unit lots prescribed by this Act into which a parcel of land may be subdivided is not thereby exceeded in respect of that parcel. s 15 amd 1986 s 2; 1987 s 8; 1999 No. 30 s 98 sch 3 pt 1 ; 2009 No. 26 s 71 (sec.15-ssec.1) A secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone may only be subdivided or resubdivided— for the purpose of the registration of a group titles plan or a building units plan over a lot thereby created—by way of registration of a plan of survey; or by way of registration of a building units plan or a group titles plan. (sec.15-ssec.2) A lot shown on a registered group titles plan referred to in subsection (1) may, subject to compliance with this section, be resubdivided by way of registration of a building units plan or a group titles plan. (sec.15-ssec.3) Notwithstanding the provisions of the Building Units and Group Titles Act 1980 , a group titles plan subdividing a secondary lot referred to in subsection (1) or resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) may create a lot or common property shown as secondary thoroughfare. (sec.15-ssec.4) In a group titles plan resubdividing a lot shown on a registered group titles plan referred to in subsection (1) or (2) each lot thereby created must have access to the primary thoroughfare whether directly or indirectly through a lot or lots shown as secondary thoroughfare or through common property. (sec.15-ssec.5) A group titles plan mentioned in subsection (1) or (2) that is submitted to the local government must be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on— the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan; and each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan. (sec.15-ssec.6) Notwithstanding the provisions of section 19 and of section 19 of the Building Units and Group Titles Act 1980 , the lot entitlement of a lot on a group titles plan shown as secondary thoroughfare shall be zero and the proprietor of that lot shall not be a member of the body corporate constituted in respect of that plan. (sec.15-ssec.7) If, when a group titles plan subdividing a secondary lot within the Harbour 1 Residential Zone, Harbour, River and Waterfront Residential Zone or the General Residential Zone is submitted to the local government for approval, the plan is accompanied by a statement by or on behalf of the proprietor of the secondary lot that it is proposed to subdivide the group title lots to be created by the registration of that plan by the registration of building units plans— such a building units plan may be approved by the local government and may be registered by the registrar of titles and for that purpose the Building Units and Group Titles Act 1980 , section 10 (1A) , does not apply; the local government shall not approve a group titles plan subdividing such a group titles lot unless, when the plan is submitted to the local government for approval it is accompanied by statement to the like effect. (sec.15-ssec.8) The registration of a building units plan of subdivision pursuant to subsection (7) shall, notwithstanding the provisions of the Building Units and Group Titles Act 1980 take effect as if it were a resubdivision of the original group titles plan. (sec.15-ssec.9) Notwithstanding the provisions of section 27 of the Building Units and Group Titles Act 1980 , where a secondary lot that, pursuant to subsection (1) , is subdivided by the registration of a group titles plan and a lot in the group titles plan is subdivided by a building units plan pursuant to subsection (7) , the body corporate created by the registration of the group titles plan shall be deemed, for the purpose of applying the provisions of that Act, to be a body corporate created by the registration of a building units plan as if the group titles plan were a building units plan. (sec.15-ssec.10) The Building Units and Group Titles Act 1980 , section 10 (1B) and (6) (b) , does not apply to a subdivision under this section. (sec.15-ssec.11) For the purposes of section 9 (7) of the Building Units and Group Titles Act 1980 , a plan of subdivision shall be taken to have complied with the requirements of the Local Government Act 1936 as modified by the Building Units and Group Titles Act 1980 in regard to the subdivision if the plan has complied with those requirements as modified by this Act. (sec.15-ssec.12) The provisions of section 9 (6) of the Building Units and Group Titles Act 1980 do not apply to any group titles plan in respect of any land within the residential zones. (sec.15-ssec.13) However, the maximum number of group title lots or building unit lots prescribed by this Act into which a parcel of land may be subdivided is not thereby exceeded in respect of that parcel. - (a) for the purpose of the registration of a group titles plan or a building units plan over a lot thereby created—by way of registration of a plan of survey; or - (b) by way of registration of a building units plan or a group titles plan. - (a) the primary thoroughfare, or the part of the primary thoroughfare, shown on the plan; and - (b) each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan. - (a) such a building units plan may be approved by the local government and may be registered by the registrar of titles and for that purpose the Building Units and Group Titles Act 1980 , section 10 (1A) , does not apply; - (b) the local government shall not approve a group titles plan subdividing such a group titles lot unless, when the plan is submitted to the local government for approval it is accompanied by statement to the like effect.