Div 7ADivision of site under Part 19AB

Division 7A—Division of site under Part 19AB 17AAA—Application for division (1) A strata corporation may apply to the Registrar-General for the division of the site under Part 19AB of the Real Property Act 1886 and for that purpose the site will be taken to be an allotment within the meaning of Part 19AB and the strata corporation will be taken to be the registered proprietor of the site. (2) The plan of division lodged with the application must be endorsed with the consent of the owners of the units comprising the site as well as the consents of the other persons required by Part 19AB Division 2 of the Real Property Act 1886. (3) On deposit of the plan of division under Part 19AB the strata plan is cancelled, the strata corporation is dissolved and— (a) the liabilities of the former corporation attach directly to the owners of the former units 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); (b) the assets of the former strata corporation (excluding the common property) will be divided between the owners of the former units in proportions determined by reference to the unit entitlements of the former units. (4) The cancellation of a strata plan on the deposit of a plan of division under Part 19AB revokes the articles of the strata corporation. (5) If, on the division of a site under this Division, the land comprising the former site is transferred to the owners of the former units in the same shares as if the strata plan had been cancelled under Division 7, no duty is payable under the Stamp Duties Act 1923 in respect of the transfer. 17A—Procedure where the whereabouts of certain persons is unknown (1) Where— (a) application is made to the Registrar-General under Division 4; and (b) a person's consent to the application, or in respect to some other related matter under the relevant Division, is required; and (c) the Registrar-General is satisfied by such evidence as the Registrar-General may require— (i) that the applicant has been unable, after making reasonable inquiries, to ascertain the whereabouts of the person; and (ii) that the applicant has complied with the notice requirements under subsection (2); and (iii) that at least 28 days have elapsed since the applicant complied with those requirements; and (iv) that no objection has been lodged by the person; and (d) the Registrar-General determines (in his or her absolute discretion) that it is reasonable to proceed without the consent, the person will be taken to have given his or her consent. (2) The notice requirements referred to in subsection (1)(c)(ii) are that the applicant has— (a) posted to the person whose consent is required, at the last address of the person appearing in the Register Book, a notice containing the prescribed information; and (b) published a copy of the notice in a newspaper circulating generally throughout the State; and (c) in a case involving an encroachment, left a copy of the notice in a conspicuous place on or near the land over which the encroachment has occurred. 17B—Creation of easements (1) Where it appears that land within a site is intended to be the dominant or servient tenement of an easement created on the deposit or amendment of a strata plan, the applicant for the deposit or amendment of the plan must lodge with the Registrar-General an instrument, in a form approved by the Registrar-General— (a) describing the land (if any) to which the easement will be appurtenant; and (b) describing the land that will be subject to the easement; and (c) setting out the terms of the easement. (2) The instrument referred to in subsection (1) must be executed by the registered proprietor of the land that will be subject to the easement and— (a) where the easement will be appurtenant to land—the registered proprietor of that land; or (b) where the easement will not be appurtenant to any land—the person who will be entitled to exercise rights conferred by the easement. (3) On the deposit or amendment of the strata plan (as the case may be), the easement vests in— (a) where the easement will be appurtenant to land—the registered proprietor of that land; or (b) where the easement will not be appurtenant to any land—the person who will be entitled to exercise rights conferred by the easement.