NSWIn ForceAct
Strata Schemes Development Act 2015
22Plans to be signed or consented to
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#### 22 Plans to be signed or consented to
22 Plans to be signed or consented to
> > (1) The Registrar-General must not register a plan as a strata plan unless it is signed by all of the following—
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> > > (a) the registered proprietor of the land comprised in the plan,
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> > > (b) each registered mortgagee, chargee or covenant chargee of the land,
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> > > (c) if the plan is for a leasehold strata scheme—
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> > > > (i) each lessee under a registered lease of the land or part of it, and
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> > > > (ii) each registered mortgagee or chargee under a mortgage of, or charge affecting, a lease referred to in subparagraph (i).
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> > (2) The Registrar-General must not register a plan as a strata plan of subdivision, strata plan of consolidation or building alteration plan unless it is signed by all of the following—
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> > > (a) the registered owner of the land comprised in the plan,
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> > > (b) each registered mortgagee, chargee or covenant chargee of the land,
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> > > (c) if the plan relates to common property—the owners corporation of the strata scheme,
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> > > (d) if the plan is for a leasehold strata scheme—the lessor of the scheme.
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> > (3) Also, the Registrar-General may refuse to register a plan referred to in subsection (1) or (2) unless written consent to its registration is lodged and is signed by each of the following the Registrar-General considers appropriate in the circumstances—
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> > > (a) the judgment creditor under any writ recorded in a folio for the land,
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> > > (b) the caveator under a caveat affecting any estate or interest in the land,
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> > > (c) the registered lessee of the land.
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> > (4) Despite subsection (1) or (2), the Registrar-General may, without giving notice to any person, waive the requirement for a person mentioned in the subsections to sign a plan.