(1) An application for
registration of a strata titles scheme or an amendment of a strata titles
scheme can be made —
(a) for
registration to give effect to a subdivision, by the scheme developer for the
subdivision; or
(b) for
registration of an amendment of a strata titles scheme, by —
(i)
the strata company for the scheme; or
(ii)
an owner of a lot in the scheme; or
(iii)
if the scheme is a leasehold scheme, the owner of the
leasehold scheme.
(2) An application for
registration of a strata titles scheme or an amendment of a strata titles
scheme must —
(a) be
lodged with the Registrar of Titles; and
(b) be
in the approved form; and
(c) be
accompanied by —
(i)
for registration of a scheme — the scheme
documents; or
(ii)
for an amendment of a scheme — amendments or
replacements of the scheme documents that require modification as a
consequence of the amendment of the scheme;
and
(d) be
accompanied by evidence, in the approved form, that the requirements of this
Act for the making and registration of the scheme documents or amendments of
the scheme documents have been complied with; and
Note for this paragraph:
See especially the
requirements set out in sections 30 and 31 for the scheme notice, sections 34
and 35 (but subject to section 36) for the scheme plan, section 38 for the
schedule of unit entitlements, section 48 for scheme by-laws and section 53
for strata leases.
(e) must
be accompanied, if applicable, by —
(i)
a statement (in the approved form) of how each item
registered or recorded for the scheme in the Register is to be dealt with; and
(ii)
disposition statements, instruments or documents
necessary for that purpose;
and
(f) be
accompanied by the fee fixed by the regulations.
(3) The Registrar of
Titles may accept an application for registration of a scheme plan or
amendment of a scheme plan, or a scheme plan or amendment of a scheme plan for
lodgement, before the plan or amendment is endorsed with the approval of the
Planning Commission as required under Part 3 Division 1, but the plan or
amendment cannot be registered until it is so endorsed.
(4) The regulations
may impose time limits within which an application for registration must be
made.
Note for this subsection:
For example, an
application involving an amendment of a scheme plan may be required to be made
within a specified period after endorsement of the scheme plan by the Planning
Commission.
[Section 56 inserted: No. 30 of 2018 s. 83.]
[ 56A. Deleted: No. 30 of 2018 s. 82(b).]