South Australian Current Acts South Australian Current Acts (1) An application for
the amendment of a deposited strata plan may be made only by the
strata corporation.
(2) The applicant must
provide evidence to the satisfaction of the Registrar-General—
(a) that
the application is made in pursuance of a unanimous resolution duly passed at
a properly convened meeting of the strata corporation;
(b) that
any person with an encumbrance registered in relation to units or common
property affected by the proposed amendment consents to the amendment;
(c) if
units or common property affected by the proposed amendment are subject to a
statutory encumbrance—that the holder of the statutory encumbrance
consents to the amendment.
(2a) Where the
amendment of a deposited strata plan would result in the extinguishment of an
easement in respect of part of the dominant land, the consent of a person who
has, or claims, an estate or interest in the servient land is not required in
relation to that extinguishment if rights under the easement continue in
existence in respect of some other part of the dominant land.
(3) The application
must be accompanied by—
(c) if
the amendment affects the delineation of units, common property or any
buildings on the site—
(i)
a plan indicating the changes to be effected by the
amendment;
(ii)
a certificate from a licensed surveyor in the prescribed
form (which may be endorsed on the plan) certifying that the plan correctly
delineates the units, the common property and the buildings on the site;
(iii)
a certificate from a licensed valuer certifying the
amount (if any) by which the value of any unit or the common property would be
varied by the amendment; and
(d) if
the amendment—
(i)
consists of a variation of the unit entitlements of the
units; or
(ii)
affects the relative value of the units,
a fresh schedule of unit entitlements certified correct by a licensed valuer;
and
(e) an
instrument providing for the discharge of any registered encumbrance shown on
the certificate or certificates of title of the units that should, in the
opinion of the Registrar-General, be discharged; and
(f) such
other documentary material as the Registrar-General may require.
(3a) Where—
(a) the
erection or alteration of a building on the site causes an encroachment on
land not included in the site; and
(b) the
application for amendment relates (wholly or in part) to the erection or
alteration of that building,
the application can only be accepted if—
(c) no
part of a unit would, if the amendment were made, form part of the
encroachment; and
(d)
—
(i)
the encroachment is over public land and the council
within whose area the land is situated consents to the encroachment; or
(ii)
the encroachment consists of the protrusion of footings,
or footings and associated structures of a prescribed nature, by not more than
the prescribed distance beyond the boundaries of the site, and the owner of
the land over which the encroachment occurs consents to the encroachment; or
(iii)
it is established to the Registrar-General's satisfaction
that the encroachment is otherwise authorised by law.
(3b) If the amendment
affects the delineation of units or common property, the Registrar-General
must not deal with the application unless satisfied that the certificate from
the State Planning Commission required by section 138 of the
Planning, Development and Infrastructure Act 2016 has been given, and is
in force, in relation to the amendment.
(3c) The certificate
from the State Planning Commission under section 138 of the
Planning, Development and Infrastructure Act 2016 expires at the
expiration of 1 year after the application for amendment was lodged with the
Registrar-General unless the Registrar-General extends the life of the
certificate.
(4) Where due
application is made for the amendment of a strata plan, the Registrar-General
will, so far as the nature of this amendment requires—
(a)
amend the plan in accordance with the application, or substitute a fresh
strata plan;
(b)
amend or endorse any certificate of title affected by the amendment, or cancel
any such certificate and issue a new certificate or new certificates;
(c)
substitute a fresh schedule of unit entitlements.
(4a) Where an
application affected by an encroachment is accepted by the
Registrar-General—
(a)
unless the encroachment is over public land, the Registrar-General will, on
the amendment of the plan, enter the encroachment on any relevant certificate
of title; and
(b) any
consent given in relation to the encroachment is binding on present and
subsequent owners and occupiers of the land.
(5) Where part of a
unit is, on the amendment of the strata plan by the Registrar-General,
transferred to another unit or to common property, then—
(a) the
part is discharged from any encumbrance (other than an easement or
statutory encumbrance) registered over the unit from which it is transferred;
and
(b) if
the part is being transferred to another unit—the part will be held
subject to any encumbrance registered over the whole of that unit.
(5a) Where part of the
common property is, on the amendment of the strata plan by the
Registrar-General, transferred to a unit, then—
(a) the
part is discharged from any encumbrance (other than an easement or
statutory encumbrance) registered over the common property; and
(b) the
part will be held subject to any encumbrance registered over the whole of the
unit.
(6) Where an amendment
provides for—
(a) the
division of a unit into two or more units; or
(b) the
consolidation of two or more units into one unit,
any unit created by the amendment will be held subject to any registered
encumbrance shown on the certificate or certificates of title (unless an
instrument providing for the discharge of the encumbrance is lodged with the
Registrar-General).
(7) An application for
the amendment of a deposited strata plan that effects the transfer of an
interest in land is a conveyance.
(8) If, on amendment
of a deposited strata plan, part, but not the whole, of an allotment within
the meaning of Part 19AB of the Real Property Act 1886 is to be included
in the site or land is to be removed from the site, the application under this
section will be taken to be an application for division under Part 19AB of the
Real Property Act 1886 as well as being an application under this section
and accordingly—
(a) both
this section and Part 19AB apply to and in relation to the application; and
(b) if
part of an allotment is to be included from outside the site, the application
must be made jointly by the strata corporation and the registered proprietor
of the allotment to be divided; and
(c) the
Registrar-General may direct that a combined plan or two separate plans be
lodged with the application.