20Responsibilities relating to registration of scheme statement

20 Responsibilities relating to registration of scheme statement (1) The following is responsible for preparing a scheme statement: (a) for the first scheme statement of a scheme (otherwise than as mentioned in paragraph (b)) – the original owner; (b) for the first scheme statement of a scheme formed by the amalgamation of 2 or more basic schemes under section 71 or 72 – the body corporate of each of the basic schemes; (c) for a subsequent scheme statement reflecting an agreement to adjust the unit entitlements under section 41 – the parties to the agreement; (d) for a subsequent scheme statement reflecting an acquisition of scheme land under section 42 – the acquisition authority; (e) for a subsequent scheme statement implementing a stage of a development as mentioned in section 66 – the developer; (f) for a scheme statement prescribed by regulation – a person specified in the regulation; (g) otherwise – the body corporate.

Unit Title Schemes Act 2009 15 (2) A person responsible for preparing a scheme statement under subsection (1) must also: (a) obtain the endorsement of the scheme statement by the consent authority; and (b) obtain the endorsement of the scheme statement by the body corporate if the person is not the body corporate and the scheme statement is a subsequent scheme statement; and (c) lodge the scheme statement if it is a scheme statement covered by subsection (1)(b) or (g); and (d) pay the costs associated with preparing, endorsing and registering the scheme statement. (3) The original owner must, within 1 month after the first scheme statement is registered, give a copy of it and evidence of its registration to the body corporate. (4) Except as otherwise provided by this Act, a body corporate that has endorsed a scheme statement must lodge the scheme statement within 3 months after the endorsement. Section 40(5) may affect this subsection. (5) It is a defence to a prosecution for an offence against subsection (3) or (4) if the defendant establishes a reasonable excuse.