If a plan of cluster subdivision for the development of land in stages has been registered—
(a) before the commencement of section 44(5E) of the Subdivision Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017 ; or
(b) on or after the commencement of section 44(5E) of the Subdivision Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017 , under the provisions applied by section 44(3B) of the Subdivision Act 1988 as in force immediately before the commencement of the Land Legislation Amendment Act 2017 —
proceedings may be taken in relation to any further stage in the development or to have a plan substituted as if the Subdivision Act 1988 (except for sections 44(2) to 44(11)) as in force immediately before the commencement of the Land Legislation Amendment Act 2017 had not commenced, and Part IV of the Cluster Titles Act 1974 and any regulations made under that Act for the purposes of that Part continue, subject to Schedule 2, to apply to that staged development.
S. 39 (Heading) inserted by No. 69/2006 s. 214(1).