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—
(a) the registered proprietor of the land comprised in the plan,
(b) each registered mortgagee, chargee or covenant chargee of the land,
(c) if the plan is for a leasehold strata scheme—
(i) each lessee under a registered lease of the land or part of it, and
(ii) each registered mortgagee or chargee under a mortgage of, or charge affecting, a lease referred to in subparagraph (i).
(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—
(a) the registered owner of the land comprised in the plan,
(b) each registered mortgagee, chargee or covenant chargee of the land,
(c) if the plan relates to common property—the owners corporation of the strata scheme,
(d) if the plan is for a leasehold strata scheme—the lessor of the scheme.
(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—
(a) the judgment creditor under any writ recorded in a folio for the land,
(b) the caveator under a caveat affecting any estate or interest in the land,
(c) the registered lessee of the land.
(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.