Land Title Regulations 2000

(1) This regulation prescribes the persons whose consent is required under section 54B(1)(b)(iii) of the Act for registration of a subsequent scheme statement (as defined in section 12(1) of the UTS Act).

(2) If registration of the subsequent scheme statement will effect a change to the boundaries of a unit or the subdivision of a unit to create 2 or more units, the consent of the following persons is required:

(a) each registered owner of each unit the boundaries of which will be changed or that will be subdivided;

(c) each person who has rights under a registered writ of execution against any of those units;

(d) each caveator under a registered caveat affecting any estate in any of those units;

(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 subsequent scheme statement.

(3) However, subregulation (2) does not apply if the subsequent scheme statement is required under section 71 of the UTS Act.

(4) If registration of the subsequent scheme statement is required under section 71 of the UTS Act in relation to an amalgamation agreed to as mentioned in section 71(1)(b), the consent of the following persons is required:

(a) each registered mortgagee of any of the units of the schemes to be amalgamated;

(b) each person who has rights under a registered writ of execution against any of those units;

(c) each caveator under a registered caveat affecting any estate in any of those units;

(d) 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 subsequent scheme statement.

Note for subregulation (4)

If amalgamation is approved by the Supreme Court under section 71(1)(a) of the UTS Act, no consent is required under section 54B(1)(b)(iii) for registration of a subsequent scheme statement to give effect to the order.

(5) If the subsequent scheme statement will include or omit an exclusive use by-law as permitted by section 97(2)(a) of the UTS Act, the consent of the following persons is required:

(b) each person who has rights under a registered writ of execution against any of those units;

(c) each caveator under a registered caveat affecting any estate in any of those units;

(d) 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 subsequent scheme statement.

Note for subregulation (5)

If a subsequent scheme statement is permitted to include or omit an exclusive use by-law under section 97(2)(b) of the UTS Act, no consent is required under section 54B(1)(b)(iii) for registration of the subsequent scheme statement.