63Subsidiary scheme, higher scheme and basic scheme

63 Subsidiary scheme, higher scheme and basic scheme (1) A scheme (first scheme) is a subsidiary scheme of another scheme (second scheme) if the scheme land of the first scheme (first scheme land) is part of the scheme land of the second scheme because: (a) the first scheme land is a unit of the second scheme; or (b) the first scheme land is a unit of another scheme whose scheme land is part of the scheme land of the second Subsection (1)(b) applies if there are 2 or more interposed schemes forming a chain between the first scheme and second scheme. The scheme land of each interposed scheme (except the last one in the chain) is a unit of the next interposed scheme. The scheme land of the last interposed scheme is a unit of the second scheme. (2) If the first scheme is a subsidiary scheme of another scheme, the other scheme is a higher scheme of the first scheme. (3) A scheme that is not a higher scheme of any scheme is a basic Notes for section 63 1 Diagram 63.1 shows how a basic scheme might be structured. 2 Except as otherwise provided by this Act, a scheme must operate independently of any of its subsidiary schemes or higher schemes. See section 68(3). Diagram 63.1 – Basic scheme Original lot is subdivided by a plan of subdivision Unit 1 Unit 2 Unit 3 Unit 4 Common property

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