Unit Title Schemes Act 2009
10Formation of scheme
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10 Formation of scheme (1) A unit title scheme is an arrangement set out in a written statement (the scheme statement) for: (a) the creation of 2 or more units and common property from: (i) land subdivided under a plan of subdivision when the scheme is formed; and (ii) any changes to the land at a later time (including, for example, an addition to, or consolidation or further subdivision of, the land); and
Unit Title Schemes Act 2009 11 (b) the formation of a body corporate constituted by the unit owners. Section 54A of the Land Title Act 2000 provides that the plan of subdivision mentioned in subsection (1)(a) cannot be registered unless the first scheme statement is also registered at the same time. (2) A scheme is formed when a scheme statement (the first scheme statement) is first registered for the scheme. Notes for subsection (2) 1 For the requirements about a scheme statement, see section 18. 2 For the registration of a scheme statement, see Part 4, Division 4 of the Land Title Act 2000. (3) The scheme must be identified by: (a) if a scheme name is specified in the scheme statement – that name, the registration number of the scheme, or both; or (b) otherwise – the registration number of the scheme. A name may be reserved for a proposed scheme under section 54C of the Land Title Act 2000.