Land Title Regulations 2000

These Regulations may be cited as the Land Title Regulations 2000.

These Regulations come into operation on 1 December 2000.

In these regulations:

development, see section 4(1) of the Termination Act.

Termination Act means the Termination of Units Plans and Unit Title Schemes Act 2014.

Tribunal, see section 4(1) of the Termination Act.

For section 44 of the Act, the prescribed form of the certificate as to title is the form in the Schedule.

(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).

(a) each registered owner of each lot comprising the proposed land scheme;

(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.

(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.

For section 54B(1)(b)(vi) of the Act, a new scheme statement of another member scheme is required only if there is a change to a boundary of a lot.

For section 54B(3) of the Act, the indefeasible title for the common property of a unit title scheme is subject to the following interests that previously existed in the lot constituting the property:

A plan of termination for a scheme lodged under section 54E(1)(a) of the Act must include:

and

(b) a plan of survey approved by the

Surveyor-General under section 49(3) of the Licensed

Surveyors Act 1983.

(1) This regulation prescribes the persons whose consent is required under section 54E(1)(b) of the Act for the termination of a scheme (as defined by section 72 of the UTS Act).

(a) each registered owner of each unit in the development;

(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;

(f) 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 plan of termination.

and

(b) a plan of survey approved by the

Surveyor-General under section 49(3) of the Licensed

Surveyors Act 1983.

(2) A plan of termination under section

54G(1)(a) of the Act for a development terminated under Part 4 of the

Termination Act must include:

and

(b) a plan of survey approved by the

Surveyor-General under section 49(3) of the Licensed

Surveyors Act 1983.

(b) a plan of survey approved by the

Surveyor-General under section 49(3) of the Licensed

Surveyors Act 1983.

(1) This regulation prescribes the persons whose consent is required under section 54G(1)(b) of the Act for the termination of a development.

(2) If the termination is under Part 3 of the Termination Act, the consent of the following persons is required:

(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;

(f) 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 plan of termination.

(3) If the termination is under Part 4 of the Termination Act, the consent of the following persons is required:

(a) each person who has rights under a registered writ of execution against a unit in the development;

(c) 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 plan of termination.

(4) Subject to any order of the Tribunal, if the termination is under Part 5 of the Termination Act, the consent of the following persons is required:

(a) each person who has rights under a registered writ of execution against a unit in the development;

(c) 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 plan of termination.