sec.10-oc.2Resubdivision

### sec.10-oc.2 Resubdivision Lots or common property or lots and common property may be resubdivided, with the approval of the local government, by the registration of a leasehold plan of resubdivision relating to the lots or common property or lots and common property so resubdivided in the manner provided by this Act for the registration of leasehold building units plans. (amended) However, where a resubdivision affects common property or creates additional common property, the approval of the body corporate by resolution without dissent is required. (amended) The provisions of this Act relating to leasehold building units plans, and, where the corporation is not the local government, to appeals from any decision of a local government or failure of a local government to make a decision, shall with such modifications as may be necessary apply to resubdivision. (amended) A leasehold plan of resubdivision shall not be registered under this section unless— there have been lodged in the land registry for registration the replacement leases relating to the proposed lots comprised in the leasehold plan of resubdivision; and those replacement leases contain provisions to the effect that they are in substitution for the leases determined or otherwise affected by the resubdivision; and the terms of those replacement leases are all expressed to commence on registration of the leasehold plan of resubdivision and to expire at the same time as any lease to be determined and, where the replacement leases confer rights of renewal, the renewal terms are the same as those contained in the leases of all other lots comprised in the original leasehold building units plan. (new) Despite the provisions of section 27 , lessees of lots in a leasehold plan of resubdivision shall not be a body corporate, but shall, upon the date of registration of such leasehold plan of resubdivision, be members of the body corporate constituted in respect of the original leasehold building units plan. (amended) On registration of a leasehold plan of resubdivision, lots comprised in the plan shall be subject to the burden and have the benefit of any easements, service rights and service obligations affecting such lots in the original leasehold building units plan as are included in the leasehold plan of resubdivision. (amended) Where the resubdivision is of 1 or more lots so as to create only 2 or more different lots, the schedule endorsed on the leasehold plan of resubdivision as required by section 19 shall apportion among the lots, the lot entitlement of such lot or lots in the original leasehold building units plan as are included in the leasehold plan of resubdivision and the registrar when registering that leasehold plan of resubdivision shall amend the schedule to the original leasehold building units plan to show the lot entitlement of each lot and each proposed lot and the aggregate lot entitlement as whole numbers. (amended) Where the resubdivision affects common property or creates additional common property, the schedule endorsed on the leasehold plan of resubdivision as required by section 19 shall— show as a whole number, in respect of— each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and each proposed lot, the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and be accompanied by a certificate under the seal of the body corporate concerned certifying that it has by resolution without dissent agreed to each proposed lot entitlement and the proposed aggregate lot entitlement shown in that schedule. (amended) A resubdivision that creates additional common property shall not be registered unless every mortgage, current sublease, caveat or other estate or interest recorded in the register in respect of the leases of each lot from which the additional common property or part of that property is derived has been discharged, surrendered, withdrawn or otherwise disposed of in so far as it affects that additional common property or part of that property. (amended) When registering a leasehold plan of resubdivision, the registrar of titles shall amend the original leasehold building units plan in the manner prescribed. (amended) Upon registration of a leasehold plan of resubdivision, land in the plan shall not be dealt with by reference to lots in the original leasehold building units plan. (amended) (sec.10-oc.2-ssec.1) Lots or common property or lots and common property may be resubdivided, with the approval of the local government, by the registration of a leasehold plan of resubdivision relating to the lots or common property or lots and common property so resubdivided in the manner provided by this Act for the registration of leasehold building units plans. (amended) (sec.10-oc.2-ssec.1A) However, where a resubdivision affects common property or creates additional common property, the approval of the body corporate by resolution without dissent is required. (amended) (sec.10-oc.2-ssec.2) The provisions of this Act relating to leasehold building units plans, and, where the corporation is not the local government, to appeals from any decision of a local government or failure of a local government to make a decision, shall with such modifications as may be necessary apply to resubdivision. (amended) (sec.10-oc.2-ssec.2A) A leasehold plan of resubdivision shall not be registered under this section unless— there have been lodged in the land registry for registration the replacement leases relating to the proposed lots comprised in the leasehold plan of resubdivision; and those replacement leases contain provisions to the effect that they are in substitution for the leases determined or otherwise affected by the resubdivision; and the terms of those replacement leases are all expressed to commence on registration of the leasehold plan of resubdivision and to expire at the same time as any lease to be determined and, where the replacement leases confer rights of renewal, the renewal terms are the same as those contained in the leases of all other lots comprised in the original leasehold building units plan. (new) (sec.10-oc.2-ssec.3) Despite the provisions of section 27 , lessees of lots in a leasehold plan of resubdivision shall not be a body corporate, but shall, upon the date of registration of such leasehold plan of resubdivision, be members of the body corporate constituted in respect of the original leasehold building units plan. (amended) (sec.10-oc.2-ssec.4) On registration of a leasehold plan of resubdivision, lots comprised in the plan shall be subject to the burden and have the benefit of any easements, service rights and service obligations affecting such lots in the original leasehold building units plan as are included in the leasehold plan of resubdivision. (amended) (sec.10-oc.2-ssec.5) Where the resubdivision is of 1 or more lots so as to create only 2 or more different lots, the schedule endorsed on the leasehold plan of resubdivision as required by section 19 shall apportion among the lots, the lot entitlement of such lot or lots in the original leasehold building units plan as are included in the leasehold plan of resubdivision and the registrar when registering that leasehold plan of resubdivision shall amend the schedule to the original leasehold building units plan to show the lot entitlement of each lot and each proposed lot and the aggregate lot entitlement as whole numbers. (amended) (sec.10-oc.2-ssec.6) Where the resubdivision affects common property or creates additional common property, the schedule endorsed on the leasehold plan of resubdivision as required by section 19 shall— show as a whole number, in respect of— each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and each proposed lot, the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and be accompanied by a certificate under the seal of the body corporate concerned certifying that it has by resolution without dissent agreed to each proposed lot entitlement and the proposed aggregate lot entitlement shown in that schedule. (amended) (sec.10-oc.2-ssec.7) A resubdivision that creates additional common property shall not be registered unless every mortgage, current sublease, caveat or other estate or interest recorded in the register in respect of the leases of each lot from which the additional common property or part of that property is derived has been discharged, surrendered, withdrawn or otherwise disposed of in so far as it affects that additional common property or part of that property. (amended) (sec.10-oc.2-ssec.8) When registering a leasehold plan of resubdivision, the registrar of titles shall amend the original leasehold building units plan in the manner prescribed. (amended) (sec.10-oc.2-ssec.9) Upon registration of a leasehold plan of resubdivision, land in the plan shall not be dealt with by reference to lots in the original leasehold building units plan. (amended) - (a) there have been lodged in the land registry for registration the replacement leases relating to the proposed lots comprised in the leasehold plan of resubdivision; and - (b) those replacement leases contain provisions to the effect that they are in substitution for the leases determined or otherwise affected by the resubdivision; and - (c) the terms of those replacement leases are all expressed to commence on registration of the leasehold plan of resubdivision and to expire at the same time as any lease to be determined and, where the replacement leases confer rights of renewal, the renewal terms are the same as those contained in the leases of all other lots comprised in the original leasehold building units plan. - (a) show as a whole number, in respect of— (i) each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and (ii) each proposed lot, the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and - (i) each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and - (ii) each proposed lot, the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and - (b) be accompanied by a certificate under the seal of the body corporate concerned certifying that it has by resolution without dissent agreed to each proposed lot entitlement and the proposed aggregate lot entitlement shown in that schedule. - (i) each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and - (ii) each proposed lot, the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and