New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 128

128 Functions if resumed land is excluded from strata scheme

(1) If land consisting solely of common property is resumed, any recording in the Register that, under section 31A (3) of the Real Property Act 1900 , the Registrar-General is authorised or required to make must be made in the folio for the common property.

(2) Subsection (3) applies if--

(a) the whole of a parcel or any part of a parcel that does not consist of common property is resumed, and

(b) the notice of resumption states that the resumed land is to be excluded from the strata scheme, and

(c) the Registrar-General makes a recording in the Register under section 31A (3) of the Real Property Act 1900 in relation to the resumption.

(3) The Registrar-General must make the recordings in the Register and create the folios the Registrar-General considers necessary or appropriate to give effect to the order made under section 115, 131 or 136 in relation to the resumed land and the strata scheme.