Northern Territory Consolidated Acts

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UNIT TITLE SCHEMES ACT 2009 - SECT 63

Subsidiary scheme, higher scheme and basic scheme

    (1)     A scheme ( first scheme ) is a subsidiary scheme of another scheme ( second scheme ) if the scheme land of the first scheme ( first scheme land ) is part of the scheme land of the second scheme because:

        (a)     the first scheme land is a unit of the second scheme; or

        (b)     the first scheme land is a unit of another scheme whose scheme land is part of the scheme land of the second scheme.

Note for subsection (1)

Subsection (1)(b) applies if there are 2 or more interposed schemes forming a chain between the first scheme and second scheme. The scheme land of each interposed scheme (except the last one in the chain) is a unit of the next interposed scheme. The scheme land of the last interposed scheme is a unit of the second scheme.

    (2)     If the first scheme is a subsidiary scheme of another scheme, the other scheme is a higher scheme of the first scheme.

    (3)     A scheme that is not a higher scheme of any scheme is a basic scheme.

Notes for section 63

1     Diagram 63.1 shows how a basic scheme might be structured.

2     Except as otherwise provided by this Act, a scheme must operate independently of any of its subsidiary schemes or higher schemes. See section 68(3).

Diagram 63.1 – Basic scheme










Original lot is subdivided by a plan of subdivision

Unit 1

Unit 2

Unit 3

Unit 4

Common property








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