Div 7Cancellation of strata plan

Division 7—Cancellation of strata plan 17—Cancellation (1) A deposited strata plan may be cancelled— (a) by lodging an instrument of cancellation with the Registrar-General; or (b) by order of the ERD Court. (2) An instrument of cancellation must be under the seal of the strata corporation and endorsed with the approval of— (a) all unit holders; (b) all other persons with registered interests in a unit or the common property. (3) An instrument of cancellation must be accompanied by— (b) such other documentary material as the Registrar-General may require. (4) An application for an order of the ERD Court cancelling a strata plan may be made by— (a) the strata corporation; (b) a unit holder; (c) any other person who has a registered interest in a unit. (4a) If it appears to the ERD Court that the proposed cancellation of the strata plan could adversely affect a person who is not a party to the proceedings, the ERD Court should not order the cancellation unless the ERD Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter. (4b) In determining an application under this section the ERD Court must have regard to the matters (if any) prescribed by regulation. (5) If the ERD Court makes an order for the cancellation of a strata plan, the strata corporation must lodge with the Registrar‑General a copy of the order together with an application to note the order. (6) The Registrar-General must, if satisfied that all terms of the order that are to be complied with before the cancellation of the plan (if any) have been complied with, cancel the strata plan by making an endorsement to that effect on the strata plan and making a note of the cancellation in the Register Book on every certificate affected by the cancellation. (7) On cancellation of a strata plan— (a) all land comprised in the plan (other than land vested in the council) vests in fee simple in the former registered proprietors of the units as tenants in common in proportions fixed by reference to the unit entitlements of their respective units; (b) the strata corporation is dissolved; (c) the liabilities of the former strata corporation will attach directly to the former registered proprietors jointly and severally (but they will be entitled to contribution amongst each other in proportions determined by reference to the unit entitlements of the former units); (d) subject to any order of the ERD Court, the assets of the former strata corporation will be divided between the former registered proprietors in proportions determined by reference to the unit entitlements of the former units. (7a) The estate vested in a former registered proprietor of a unit under subsection (7)(a) will be subject to— (a) any estate or interest that was, immediately prior to the cancellation of the strata plan, entered on the certificate of his or her unit; and (b) at the request of the registered proprietor of the servient tenement and the dominant tenement (if any)—any easement that was discharged when the strata plan was originally deposited in the Lands Titles Registration Office. (8) For the purposes of subsection (7), the former registered proprietor of a unit is the person who was the registered proprietor of the unit immediately before the cancellation of the plan. (9) On cancellation of a deposited strata plan, the site becomes an allotment for the purposes of Part 19AB of the Real Property Act 1886 but if that land had been comprised of two or more allotments before division under this Act those allotments are not revived.