16—Open space contribution scheme
(1) If a variation is
made to a prescribed fee relating to rates of contribution under
section 198(1)(d), (2)(c) or (8) of the Act, the amount to be applied in
a particular case is the amount in force as at the time the relevant
application under Part 7 of the Act was made.
(2) In accordance with
section 198(2) of the Act, if an application for the division of land
under the Community Titles Act 1996 or the Strata Titles Act 1988
relates to an existing building unit scheme, a contribution is not payable
under section 198 of the Act unless the plan divides the land into more
units than existed on 22 February 1968, and in that case, the
contribution will be calculated only in respect of the additional units.
(3) For the purposes
of subregulation (2), an existing building unit scheme is a scheme
where—
(a) land
was, before 22 February 1968, laid out in a building unit scheme
consisting of 2 or more properties designed for separate occupation; and
(b) as
at that date, buildings to which the scheme relates had been erected.