New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 112

112 Restriction on resumptions affecting parcels

(1) A resuming authority cannot resume land--

(a) comprising solely common property, unless the resumed land is defined in the notice of resumption as a lot in a current plan, or

(b) comprising or including all the lots in a strata scheme, unless--

(i) the resumed land also includes all common property in the scheme and the notice of resumption states whether the resumed land is to be excluded from the strata scheme or to remain in the scheme, and

(ii) if any resumed land is to be excluded from the scheme--the resumed land is defined in the notice of resumption as a lot in a current plan, and

(iii) if any resumed land is a lot that is to remain in the scheme--the resumed land is defined in the notice of resumption as one or more lots in a strata plan, strata plan of subdivision or strata plan of consolidation, or

(c) comprising some, but not all, of the lots in a strata scheme and any common property in the scheme, unless--

(i) the notice of resumption states whether the resumed land is to be excluded from the strata scheme or to remain in the scheme, and

(ii) if any resumed land is to be excluded from the scheme--the resumed land is defined in the notice of resumption as a lot in a current plan, and

(iii) if any resumed land is a lot that is to remain in the scheme--the resumed land is defined in the notice of resumption as one or more lots in a strata plan, strata plan of subdivision or strata plan of consolidation.

(2) This section applies despite any other Act.