26JVariation of disclosure statement

26J Variation of disclosure statement (1) At any time after the completion of the first stage of a condominium development, the developer may apply to the Surveyor-General for a variation of the Surveyor-General's approval of the subdivision proposed in the disclosure statement. (1A) A transferee mentioned in section 26G may apply to the Surveyor- General for a variation of the disclosure statement under subsection (1) as if the transferee were the developer. (2) An application under subsection (1) shall be accompanied by: (a) a disclosure statement in the form required under section 26C indicating the manner it is proposed that the condominium development proposal be varied and the new proposal; (b) a determination under section 57 of the Planning Act 1999 indicating the consent of the relevant consent authority under that Act to the proposal as varied; and (c) the consent in writing, in such form as the Surveyor-General approves, of each proprietor of a unit in the condominium (3) Subject to this section, an application under subsection (1) shall be dealt with by the Surveyor-General in the same manner as an application for the approval of the subdivision proposed in the original disclosure statement. (4) A variation approved because of subsection (1A) may take effect only after the transfer mentioned in section 26G to which the variation relates has occurred. (5) In subsection (1): Surveyor-General's approval, of the subdivision proposed in the disclosure statement, includes the Minister's approval of such a subdivision given before the commencement of the amendment of this section by the Land Title and Related Legislation Amendment Act 2008.

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