sec.42Stratum lots and dealings with stratum lots

### sec.42 Stratum lots and dealings with stratum lots Despite the Land Title Act 1994 or any other Act— the following may be done under this section only if development approval for the subdivision or adjustment has been given— the subdivision of South Bank public land by stratum plan; the subdivision of a stratum lot by stratum plan of subdivision; a minor adjustment to the boundary of a stratum lot by boundary adjustment plan; and South Bank public land may be opened as a road by stratum plan only if the appropriate authority approves; and stratum lots may be amalgamated by stratum plan of amalgamation. The Land Title Act 1994 applies to stratum lots in the same way as it applies to other land except to the extent that it is inconsistent with this Act or incapable of applying. An adjustment that, in the opinion of the appropriate authority, is a minor adjustment may be made to the boundaries of stratum lots by the registration of a boundary adjustment plan. A boundary adjustment plan registered under this section operates, without any further assurance, to vest the land in accordance with the adjusted boundaries. A registered mortgage, lease or other registered estate in a stratum lot adjusted by the registration of a boundary adjustment plan is not affected by the registration of that plan and is taken to relate to the adjusted stratum lot. A stratum lot may be subdivided into 2 or more stratum lots by the registration of a stratum plan of subdivision. The registrar of titles may register a stratum plan of subdivision only if the stratum plan of subdivision is accompanied by a schedule showing, as a whole number for each proposed stratum lot, the proposed value proportion for each stratum lot for the purposes of section 101 and schedule 3 , clause 2(1)(p). When registering a stratum plan of subdivision, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates, that the registrar of titles considers appropriate to give effect to the stratum plan. Subject to subsection (12) , 2 or more, or all, stratum lots in a stratum plan may be amalgamated by the registration of a stratum plan of amalgamation. When registering a stratum plan of amalgamation, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates that the registrar of titles considers appropriate to give effect to the stratum plan. For the purposes of section 101 and schedule 3 , clause 2(1)(p), the relevant value proportion for the stratum lot created by the amalgamation of 2 or more stratum lots is the sum of the value proportions of the stratum lots. A stratum lot that has been subdivided by a leasehold building units plan may be amalgamated with another stratum lot only if the leasehold building units plan has been terminated under schedule 4 . On registration of a stratum plan of amalgamation that amalgamates all of the stratum lots in a stratum plan— the stratum plan; and the management statement that relates to the stratum plan; are extinguished. A request to terminate a management statement must comply with the requirements prescribed by regulation. If a stratum plan of amalgamation is accompanied by a request to terminate a management statement, the registrar of titles— must record the termination of the management statement on the stratum plan to which it relates; and may make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the termination of the management statement. Stratum plans, boundary adjustment plans, stratum plans of subdivision and stratum plans of amalgamation must comply with the requirements prescribed by regulation. Despite the Land Title Act 1994 , the Surveyors Act 2003 or any other Act, if a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation has been endorsed by the appropriate authority, the registrar of titles may— register the relevant plan under the Land Title Act 1994 ; and create a separate indefeasible title for each stratum lot created by the registration of the relevant plan by recording a separate set of particulars for each lot in the freehold land register; and make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the registration of the relevant plan. On registration of a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation, the plan is, for the purposes of the Land Title Act 1994 , taken to be recorded in the freehold land register. s 42 ins 1991 No. 67 s 18 amd 1994 No. 11 s 194 sch 2 ; 2001 No. 71 s 551 sch 1 ; 2003 No. 24 s 23 ; 2003 No. 70 s 206 sch 2 ; 2010 No. 39 s 325 sch 1 pt 2 (sec.42-ssec.1) Despite the Land Title Act 1994 or any other Act— the following may be done under this section only if development approval for the subdivision or adjustment has been given— the subdivision of South Bank public land by stratum plan; the subdivision of a stratum lot by stratum plan of subdivision; a minor adjustment to the boundary of a stratum lot by boundary adjustment plan; and South Bank public land may be opened as a road by stratum plan only if the appropriate authority approves; and stratum lots may be amalgamated by stratum plan of amalgamation. (sec.42-ssec.2) The Land Title Act 1994 applies to stratum lots in the same way as it applies to other land except to the extent that it is inconsistent with this Act or incapable of applying. (sec.42-ssec.3) An adjustment that, in the opinion of the appropriate authority, is a minor adjustment may be made to the boundaries of stratum lots by the registration of a boundary adjustment plan. (sec.42-ssec.4) A boundary adjustment plan registered under this section operates, without any further assurance, to vest the land in accordance with the adjusted boundaries. (sec.42-ssec.5) A registered mortgage, lease or other registered estate in a stratum lot adjusted by the registration of a boundary adjustment plan is not affected by the registration of that plan and is taken to relate to the adjusted stratum lot. (sec.42-ssec.6) A stratum lot may be subdivided into 2 or more stratum lots by the registration of a stratum plan of subdivision. (sec.42-ssec.7) The registrar of titles may register a stratum plan of subdivision only if the stratum plan of subdivision is accompanied by a schedule showing, as a whole number for each proposed stratum lot, the proposed value proportion for each stratum lot for the purposes of section 101 and schedule 3 , clause 2(1)(p). (sec.42-ssec.8) When registering a stratum plan of subdivision, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates, that the registrar of titles considers appropriate to give effect to the stratum plan. (sec.42-ssec.9) Subject to subsection (12) , 2 or more, or all, stratum lots in a stratum plan may be amalgamated by the registration of a stratum plan of amalgamation. (sec.42-ssec.10) When registering a stratum plan of amalgamation, the registrar of titles may make any recordings on and amendments to the management statement to which the stratum plan relates that the registrar of titles considers appropriate to give effect to the stratum plan. (sec.42-ssec.11) For the purposes of section 101 and schedule 3 , clause 2(1)(p), the relevant value proportion for the stratum lot created by the amalgamation of 2 or more stratum lots is the sum of the value proportions of the stratum lots. (sec.42-ssec.12) A stratum lot that has been subdivided by a leasehold building units plan may be amalgamated with another stratum lot only if the leasehold building units plan has been terminated under schedule 4 . (sec.42-ssec.13) On registration of a stratum plan of amalgamation that amalgamates all of the stratum lots in a stratum plan— the stratum plan; and the management statement that relates to the stratum plan; are extinguished. (sec.42-ssec.14) A request to terminate a management statement must comply with the requirements prescribed by regulation. (sec.42-ssec.15) If a stratum plan of amalgamation is accompanied by a request to terminate a management statement, the registrar of titles— must record the termination of the management statement on the stratum plan to which it relates; and may make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the termination of the management statement. (sec.42-ssec.16) Stratum plans, boundary adjustment plans, stratum plans of subdivision and stratum plans of amalgamation must comply with the requirements prescribed by regulation. (sec.42-ssec.17) Despite the Land Title Act 1994 , the Surveyors Act 2003 or any other Act, if a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation has been endorsed by the appropriate authority, the registrar of titles may— register the relevant plan under the Land Title Act 1994 ; and create a separate indefeasible title for each stratum lot created by the registration of the relevant plan by recording a separate set of particulars for each lot in the freehold land register; and make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the registration of the relevant plan. (sec.42-ssec.18) On registration of a stratum plan, a boundary adjustment plan, a stratum plan of subdivision or a stratum plan of amalgamation, the plan is, for the purposes of the Land Title Act 1994 , taken to be recorded in the freehold land register. - (a) the following may be done under this section only if development approval for the subdivision or adjustment has been given— (i) the subdivision of South Bank public land by stratum plan; (ii) the subdivision of a stratum lot by stratum plan of subdivision; (iii) a minor adjustment to the boundary of a stratum lot by boundary adjustment plan; and - (i) the subdivision of South Bank public land by stratum plan; - (ii) the subdivision of a stratum lot by stratum plan of subdivision; - (iii) a minor adjustment to the boundary of a stratum lot by boundary adjustment plan; and - (b) South Bank public land may be opened as a road by stratum plan only if the appropriate authority approves; and - (c) stratum lots may be amalgamated by stratum plan of amalgamation. - (i) the subdivision of South Bank public land by stratum plan; - (ii) the subdivision of a stratum lot by stratum plan of subdivision; - (iii) a minor adjustment to the boundary of a stratum lot by boundary adjustment plan; and - (a) the stratum plan; and - (b) the management statement that relates to the stratum plan; - (a) must record the termination of the management statement on the stratum plan to which it relates; and - (b) may make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the termination of the management statement. - (a) register the relevant plan under the Land Title Act 1994 ; and - (b) create a separate indefeasible title for each stratum lot created by the registration of the relevant plan by recording a separate set of particulars for each lot in the freehold land register; and - (c) make such other recordings in the freehold land register as the registrar of titles considers appropriate to give effect to the registration of the relevant plan.