Subsidiary scheme, higher scheme and basic scheme
63 Subsidiary scheme, higher scheme and basic scheme
(1) A scheme (first scheme) is a subsidiary scheme of another scheme (second scheme) if the scheme land of the first scheme (first scheme land) is part of the scheme land of the second scheme because:
(a) the first scheme land is a unit of the second scheme; or
(b) the first scheme land is a unit of another scheme whose scheme land is
part of the scheme land of the second scheme.
Note for subsection (1)
Subsection
(b) applies if there are 2 or more interposed schemes forming a chain between the first scheme and second scheme. The scheme land of each interposed scheme (except the last one in the chain) is a unit of the next interposed scheme. The scheme land of the last interposed scheme is a unit of the second scheme.
(2) If the first scheme is a subsidiary scheme of another scheme, the other scheme is a higher scheme of the first scheme.
(3) A scheme that is not a higher scheme of any scheme is a basic scheme.
Notes for section 63
1 Diagram
63.1 shows how a basic scheme might be structured.
2 Except as otherwise provided by this Act, a scheme must operate independently of any of its subsidiary schemes or higher schemes. See section 68(3).
Diagram
63.1 – Basic scheme
Division 2 Progressive development of a scheme
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