South Australian Current Acts South Australian Current Acts32—Persons whose consents are required
(1) The corporation
must provide evidence to the satisfaction of the Registrar-General that the
following persons have given their consent to the amendment—
(a) a
person who is the owner of a community lot at the relevant time but who did
not have the opportunity of voting against the resolution of the corporation
amending the scheme description because he or she was not then a member of the
corporation; and
(b) the
prospective owner at the relevant time of a community lot; and
(c) the
owner or prospective owner at the relevant time of a development lot; and
(d) a
registered mortgagee or prospective mortgagee and a registered lessee or
prospective lessee at the relevant time of a community lot or development lot;
and
(e) the
owner or prospective owner at the relevant time of a development lot in a
secondary or tertiary scheme that comprises part of the community scheme to
which the scheme description relates; and
(f) the
persons referred to in subsection (2).
(2) The consents of
the following persons are required—
(a)
where the corporation is a primary corporation and a primary lot is divided by
a secondary plan—
(i)
a person who is the owner of a secondary lot at
the relevant time but who did not have the opportunity of voting against the
proposed amendment to the scheme description because he or she was not then a
member of the secondary corporation; and
(ii)
the prospective owner at the relevant time of a
secondary lot; and
(iii)
a registered mortgagee or prospective mortgagee and a
registered lessee or prospective lessee at the relevant time of a
secondary lot or development lot; and
(b)
where the corporation is a primary corporation and a primary lot is divided by
a secondary plan and a secondary lot created by that plan is divided by a
tertiary plan or where the corporation is a secondary corporation and a
secondary lot is divided by a tertiary plan—
(i)
a person who is the owner of a tertiary lot at
the relevant time but who did not have the opportunity of voting against the
proposed amendment to the scheme description because he or she was not then a
member of the tertiary corporation; and
(ii)
the prospective owner at the relevant time of a
tertiary lot; and
(iii)
a registered mortgagee or prospective mortgagee and a
registered lessee or prospective lessee at the relevant time of a tertiary lot
or development lot.
(3) The consent of the
owner, mortgagee or lessee of a lot is not required under this section if
before the relevant time an instrument had been presented for registration at
the Lands Titles Registration Office on the registration of which that person
would cease to be the owner, mortgagee or lessee of the lot.
(4) In this
section—
"prospective lessee" means the lessee under a lease that has been presented
for registration at the Lands Titles Registration Office but has not been
registered;
"prospective mortgagee" means the mortgagee under a mortgage that has been
presented for registration at the Lands Titles Registration Office but has not
been registered;
"prospective owner" in relation to a lot means the person who will be the
owner of the lot on registration of a transfer that has been presented for
registration at the Lands Titles Registration Office but has not been
registered;
"the relevant time" means the time at which the certified copy of
the scheme description as amended is lodged by the community corporation with
the Registrar-General.