sec.10AConsequences of registration of leasehold plan of resubdivision

### sec.10A Consequences of registration of leasehold plan of resubdivision On the registration of a leasehold plan of resubdivision referred to in section 10 — the lease of any lot that is the subject of the resubdivision is determined, and the lease of any common property that is the subject of the resubdivision ceases to apply, to any lot created by the resubdivision; and any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ), and any caveat affecting a lease determined by paragraph (a) , shall affect the replacement leases in so far as they relate to lots; and the leasehold estate in any common property created vests in the body corporate as lessee for the residue of the term specified in the lease of the common property; and all outstanding rights and obligations of the lessee under a lease determined by paragraph (a) , being rights and obligations existing immediately before registration of the leasehold plan of resubdivision, shall continue to be exercisable or, as the case may be, shall be discharged by the person who was lessee under that lease as if that lease had not been determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties. (new) Upon the recording of a leasehold plan of resubdivision referred to in section 10 , the registrar of titles shall— make such recordings in the register as the registrar of titles considers appropriate to give effect to the resubdivision; and in relation to any replacement leases relating to lots, record in the register any registered mortgages, estates, interests or caveats affecting those leases by virtue of subsection (1) (b) . (new) For the purposes of this section, a leasehold plan of resubdivision lodged for registration under this Act which is required to be accompanied by a lease to be registered under the Land Title Act 1994 shall be treated as having been registered only when the lease has been registered under that Act. (new) (sec.10A-ssec.1) On the registration of a leasehold plan of resubdivision referred to in section 10 — the lease of any lot that is the subject of the resubdivision is determined, and the lease of any common property that is the subject of the resubdivision ceases to apply, to any lot created by the resubdivision; and any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ), and any caveat affecting a lease determined by paragraph (a) , shall affect the replacement leases in so far as they relate to lots; and the leasehold estate in any common property created vests in the body corporate as lessee for the residue of the term specified in the lease of the common property; and all outstanding rights and obligations of the lessee under a lease determined by paragraph (a) , being rights and obligations existing immediately before registration of the leasehold plan of resubdivision, shall continue to be exercisable or, as the case may be, shall be discharged by the person who was lessee under that lease as if that lease had not been determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties. (new) (sec.10A-ssec.2) Upon the recording of a leasehold plan of resubdivision referred to in section 10 , the registrar of titles shall— make such recordings in the register as the registrar of titles considers appropriate to give effect to the resubdivision; and in relation to any replacement leases relating to lots, record in the register any registered mortgages, estates, interests or caveats affecting those leases by virtue of subsection (1) (b) . (new) (sec.10A-ssec.3) For the purposes of this section, a leasehold plan of resubdivision lodged for registration under this Act which is required to be accompanied by a lease to be registered under the Land Title Act 1994 shall be treated as having been registered only when the lease has been registered under that Act. (new) - (a) the lease of any lot that is the subject of the resubdivision is determined, and the lease of any common property that is the subject of the resubdivision ceases to apply, to any lot created by the resubdivision; and - (b) any registered mortgage, estate or interest (including any rates, charges or fees referred to in part 4 , division 7 ), and any caveat affecting a lease determined by paragraph (a) , shall affect the replacement leases in so far as they relate to lots; and - (c) the leasehold estate in any common property created vests in the body corporate as lessee for the residue of the term specified in the lease of the common property; and - (d) all outstanding rights and obligations of the lessee under a lease determined by paragraph (a) , being rights and obligations existing immediately before registration of the leasehold plan of resubdivision, shall continue to be exercisable or, as the case may be, shall be discharged by the person who was lessee under that lease as if that lease had not been determined, except to the extent (if any) that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties. - (a) make such recordings in the register as the registrar of titles considers appropriate to give effect to the resubdivision; and - (b) in relation to any replacement leases relating to lots, record in the register any registered mortgages, estates, interests or caveats affecting those leases by virtue of subsection (1) (b) .