115Readjustment of strata scheme for purposes of resumption

115 Readjustment of strata scheme for purposes of resumption

115 Readjustment of strata scheme for purposes of resumption

(1) A resuming authority may apply to the Supreme Court for an order under subsection (4) if the resuming authority—

(a) proposes to resume land in a parcel and the land does not consist solely of common property or of all the lots and all the common property comprised in the parcel, and

(b) proposes to exclude the land from the strata scheme.

(2) Notice of the application must be served, in accordance with rules of court, on—

(a) each owner and registered mortgagee of a lot in the strata scheme, and

(b) if the strata scheme is a leasehold strata scheme—the lessor of the scheme, and

(c) the owners corporation, and

(d) if part of a lot is proposed to be resumed and the local council has not approved of a plan referred to in section 113 (1) (d) relating to the part—the local council, and

(e) the Registrar-General, and

(f) any other person directed by the Supreme Court.

(3) A person who is entitled to be served with a notice under subsection (2) and the resuming authority are entitled to appear and be heard on the hearing of the application.

(4) The Supreme Court may, on an application made under subsection (1), make an order for or in relation to any one or more of the following matters—

(a) amending the existing schedule of unit entitlement or substituting a new schedule of unit entitlement for the existing schedule of unit entitlement,

(b) if part of a lot is to be resumed and the resuming authority proposes to exclude the part from the strata scheme—designating as a lot the residue of the lot affected by the resumption,

(c) amending a strata development contract that relates to the parcel,

(d) requiring the resuming authority, when resuming the land referred to in its application, also to resume any residue referred to in paragraph (b) so that the residue will either be excluded from the strata scheme or remain subject to the scheme, according to the terms of the order,