New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 114

114 Effect of resumption

(1) If land was common property immediately before its resumption, the land ceases to be common property and this Act ceases to apply to the land on its resumption.

(2) However, subsection (1) does not apply to a resumption of all lots and all common property in a strata scheme if the notice of resumption states the resumed land is to remain in the scheme.

(3) If a notice of resumption states that any resumed lots in a strata scheme are to be excluded from the scheme, the lots cease to be subject to the strata scheme, and this Act ceases to apply to the lots, on the resumption.

(4) If a notice of resumption states that any resumed land is to remain in the scheme, this Act applies in relation to the resuming authority and the resumed land as if the resuming authority had acquired the land by registration under the Real Property Act 1900 of a transfer.

(5) Subsection (4) applies despite any other Act.