Queensland Consolidated Acts
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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 10
Resubdivision
10 Resubdivision
(1) Lots or common property or lots and common property may be resubdivided,
with the approval of the local government, by the registration of a plan
relating to the lots or common property or lots and common property so
resubdivided in the manner provided by this Act for the registration of plans.
(1A) However, lots or common property or lots and common property contained in
a group titles plan may only be resubdivided by a group titles plan of
resubdivision.
(1B) In addition, where a resubdivision affects
common property or creates additional common property the approval of the
body corporate by resolution without dissent is required.
(2) The provisions
of this Act relating to plans and to appeals from any decision of a local
government or failure of a local government to make a decision shall with such
modifications as may be necessary apply to resubdivision.
(3) Notwithstanding
the provisions of section 27 proprietors of lots in a building units plan of
resubdivision or group titles plan of resubdivision shall not be a
body corporate, but shall, upon the date of registration of such plan of
resubdivision be members of the body corporate constituted in respect of the
original plan.
(4) On registration of a building units plan of resubdivision
or group titles plan of resubdivision, lots comprised therein shall be subject
to the burden and have the benefit of any easements, service rights and
service obligations affecting such lots in the original plan as are included
in the plan of resubdivision.
(5) Where the resubdivision is of 1 or more
lots so as to create only 2 or more different lots the schedule endorsed on
the building units plan of resubdivision or group titles plan of resubdivision
as required by section 19 shall apportion among the lots the lot entitlement
of such lot or lots in the original plan as are included in the plan of
resubdivision and the registrar when registering that plan shall amend the
schedule to the original plan to show the lot entitlement of each lot and each
proposed lot and the aggregate lot entitlement as whole numbers.
(6) Where
the resubdivision affects common property or creates additional
common property the schedule endorsed on the building units plan of
resubdivision or group titles plan of resubdivision as required by section 19
shall— (a) show as a whole number, in respect of— (i) each lot comprised
in the parcel other than any lot or lots the subject of the proposed
resubdivision; and
(ii) each proposed lot;
the proposed lot entitlement of
that lot or proposed lot and show the proposed aggregate lot entitlement; and
(b) be accompanied by a certificate under the seal of the body corporate
concerned certifying that it has by resolution without dissent agreed to each
proposed lot entitlement and the proposed aggregate lot entitlement shown in
that schedule.
(7) A resubdivision that creates additional common property
shall not be registered unless every mortgage, current lease, caveat or other
interest recorded on the certificate of title in respect of each lot from
which the additional common property or part thereof is derived has been
discharged, surrendered, withdrawn or otherwise disposed of in so far as it
affects that additional common property or part thereof.
(8) When registering
a building units plan of resubdivision or group titles plan of resubdivision
the registrar of titles shall amend the original plan in the manner
prescribed.
(9) Upon registration of a building units plan of resubdivision
or group titles plan of resubdivision land therein shall not be dealt with by
reference to lots in the original plan.
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