37Staged subdivision

37 Staged subdivision (1) A staged subdivision is a scheme for the subdivision of land in stages. S. 37(2) repealed by No. 48/1991 s. 33(1), new s. 37(2) inserted by No. 34/1994 s. 7(2). (2) If a planning scheme or permit authorises a staged subdivision, that staged subdivision may be done— (a) as a series of separate subdivisions in accordance with the provisions of this Act other than this section; or (b) by using the procedure set out in subsections (3) to (10). S. 37(3) amended by No. 34/1994 s. 7(3). (3) If a planning scheme or permit authorises a staged subdivision and the procedure in this section is used— (a) a master plan must be submitted for certification and lodged for registration and must specify the lots in the first stage and contain the prescribed information; and (b) a plan for the second or a subsequent stage must contain the prescribed information; and (c) a plan for the second or a subsequent stage may do any one or more of the following— (i) create additional lots on, or alter the lots on, the land in that stage; S. 37(3)(c)(ii) amended by No. 69/2006 s. 212(c). (ii) in relation to the land in that stage, create an owners corporation, common property, lot entitlement or lot liability; (iii) create, vary or remove an easement or restriction over land in that stage; S. 37(3)(c)(iiia) inserted by No. 48/1991 s. 33(2). (iiia) Set aside additional roads or reserves on the land in that stage; S. 37(3)(c)(iv) amended by No. 48/1991 s. 33(3)(4). (iv) Amend the master plan or a plan for an earlier stage by— S. 37(3)(c)(iv)(A) amended by No. 69/2006 s. 212(d). (A) adding to the membership of an existing owners corporation; or (B) adding to existing common property; or (C) Subject to sections 33(2) and (3), changing lot entitlement or liability of existing lots; or S. 37(3)(c)(iv)(D) amended by No. 80/2009 s. 103(a). (D) showing land on that plan as land benefited by an easement or restriction created over the land in the plan for the second or subsequent stage. S. 37(3)(c)(v) amended by No. 48/1991 s. 33(5), repealed by No. 80/2009 s. 103(b). S. 37(4) amended by No. 69/2006 s. 212(e). (4) The amendment of a registered plan under this section does not affect the legal identity or continuity of operation of an owners corporation created on the plan. S. 37(5) amended by No. 69/2006 s. 212(f). (5) A plan for a second or a subsequent stage may be submitted for certification and lodged for registration by the owner of all the land in that stage or the applicant for the certification and registration of the master plan, and, if an owners corporation is created on the master plan or a plan for an earlier stage, the unanimous resolution of the owners corporation is not required for any change made to that plan by a plan for a subsequent stage. (6) When registering a master plan, the Registrar must record the prescribed information. (7) When registering a plan for the second or a subsequent stage, the Registrar must— (a) record the prescribed information; and (b) make any necessary amendments to the information recorded for any earlier stage that are necessary because of the registration of the subsequent plan. S. 37(8) inserted by No. 48/1991 s. 33(6). (8) A plan for the second or a subsequent stage may take the land in that stage or in that or any future stages out of the staged subdivision and, if it does this— (a) must amend the master plan so as to show the land as a lot on the plan; and (b) subject to section 33(2) and (3), must make any necessary amendments to lot entitlement and liability; and S. 37(8)(c) amended by No. 69/2006 s. 212(g). (c) may provide that the land in the plan becomes a lot affected by any relevant owners corporation. S. 37(9) inserted by No. 48/1991 s. 33(6). (9) On the registration of a plan referred to in subsection (8)— (a) this section ceases to apply to the land in the plan; and S. 37(9)(b) repealed by No. 57/1993 s. 16. (c) any requirement made in the statement of compliance for the master plan ceases to apply to the land in the newly registered plan. S. 37(10) inserted by No. 48/1991 s. 33(6). (10) A plan referred to in subsection (8) may amend the master plan or a plan for any earlier stage in any way necessary because the land in the plan is taken out of the staged subdivision. S. 38 amended by Nos 47/1989 s. 9(q)–(s), 57/1989 s. 5(6), 48/1991 s. 34, 34/1994 s. 8, repealed by No. 69/2006 s. 213, new s. 38 inserted by No. 42/2017 s. 62.