Written consent required for registration of first unit title scheme statement
4 Written consent required for registration of first unit title scheme statement
(1) This regulation prescribes the persons whose consent is required under section 54B(1)(b)(iii) of the Act for registration of a first scheme statement (as defined in section 10(2) of the UTS Act).
The consent of the following persons is required:
(a) each registered owner of each lot comprising the proposed land scheme;
each registered mortgagee of any of those lots;
(c) each person who has rights under a registered writ of execution against any of those lots;
(d) each caveator under a registered caveat affecting any estate in any of those lots;
(e) each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the scheme statement.
(3) Despite subregulation (2), for a scheme statement lodged under section 111(1) of the UTS Act, consent of the following persons only is required:
(a) each person who is a registered mortgagee of a unit in the units plan, or building lot in the building development plan, on the date the scheme statement is lodged;
(b) each person whose rights under law (other than rights under a registered easement or restrictive covenant) would be adversely affected by the registration of the scheme statement.
Note for regulation 4
The scheme statement must also be endorsed for registration in accordance with section 18(3)(c) of the UTS Act.
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