New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 115

115 Readjustment of strata scheme for purposes of resumption

(1) A resuming authority may apply to the Supreme Court for an order under subsection (4) if the resuming authority--

(a) proposes to resume land in a parcel and the land does not consist solely of common property or of all the lots and all the common property comprised in the parcel, and

(b) proposes to exclude the land from the strata scheme.

(2) Notice of the application must be served, in accordance with rules of court, on--

(a) each owner and registered mortgagee of a lot in the strata scheme, and

(b) if the strata scheme is a leasehold strata scheme--the lessor of the scheme, and

(c) the owners corporation, and

(d) if part of a lot is proposed to be resumed and the local council has not approved of a plan referred to in section 113 (1) (d) relating to the part--the local council, and

(e) the Registrar-General, and

(f) any other person directed by the Supreme Court.

(3) A person who is entitled to be served with a notice under subsection (2) and the resuming authority are entitled to appear and be heard on the hearing of the application.

(4) The Supreme Court may, on an application made under subsection (1), make an order for or in relation to any one or more of the following matters--

(a) amending the existing schedule of unit entitlement or substituting a new schedule of unit entitlement for the existing schedule of unit entitlement,

(b) if part of a lot is to be resumed and the resuming authority proposes to exclude the part from the strata scheme--designating as a lot the residue of the lot affected by the resumption,

(c) amending a strata development contract that relates to the parcel,

(d) requiring the resuming authority, when resuming the land referred to in its application, also to resume any residue referred to in paragraph (b) so that the residue will either be excluded from the strata scheme or remain subject to the scheme, according to the terms of the order,

(e) with the consent of the owner of a lot part of which is proposed to be resumed--vesting, freed and discharged from any mortgage, charge, covenant charge or writ, any other part of the lot in the owners corporation as common property,

(f) any matter in relation to which the Supreme Court considers it just and equitable, in the circumstances of the case, to make provision in the order.

(5) An order made under subsection (4)--

(a) takes effect on the day on which the resumption referred to in the order takes effect, and

(b) has effect according to its tenor.

(6) If, on an application made under subsection (1), the Supreme Court considers that an order should not be made under subsection (4)--

(a) the court may, on application made by any person entitled to appear and be heard on the hearing of the application or on its own initiative, direct that the application be treated as an application for an order under section 131 or 136, and

(b) if the court makes a direction referred to in paragraph (a)--

(i) the application the subject of the direction is taken to be an application made under section 130 or 135 by a person entitled to make the application, and

(ii) the applicant under subsection (1), and any other person entitled to appear and be heard under those sections, is entitled to appear and be heard on the hearing of the application.