Variation of disclosure statement
26W Variation of disclosure statement
(1) At any time the developer may apply to the Surveyor-General for a variation of the Surveyor-General's approval of the subdivision proposed in the disclosure statement.
(1A) A transferee mentioned in section 26U may apply to the Surveyor-General for a variation of the disclosure statement under subsection (1) as if the transferee were the developer.
An application under subsection (1) shall be accompanied by:
(a) a disclosure statement in the form required under section 26R indicating the manner it is proposed that the estate development proposal be varied and the new proposal;
(b) a development permit under section 57 of the Planning Act 1999 indicating the consent of the relevant consent authority under that Act to the proposal as varied;
(c) where the variation, if approved, will affect common property – the consent in writing, in an approved form, of each proprietor of a lot in the estate development;
a fee of $300 or such other amount as is prescribed; and
(e) a revised schedule of lot entitlements for the whole estate development prepared by a valuer,
and the developer shall serve a copy of the application, and the documents required by this subsection to accompany it, on the estate management corporation.
(3) If the developer applies to a proprietor of a lot for consent to a proposed variation and the consent is refused or is not, within 28 days after the application, granted, the developer may apply to the Tribunal for an order consenting, in the name of the proprietor, to the proposed variation and the Tribunal has jurisdiction to hear and determine the application and make such an order.
(4) Subject to this section, an application under subsection (1) shall be dealt with by the Surveyor-General in the same manner as an application for the approval of the subdivision proposed in the original disclosure statement.
(5) Where the Surveyor-General approves a variation under this section or the Tribunal consents under subsection (3) to the variation, the developer shall lodge with the Registrar-General for registration the instrument of approval or order of the Tribunal and the revised schedule of lot entitlements referred to in subsection (2)(e).
(6) A variation approved because of subsection (1A) may take effect only after the transfer mentioned in section 26U to which the variation relates has occurred.
In subsection (1):
Surveyor-General's approval, of the subdivision proposed in the disclosure statement, includes the Minister's approval of such a subdivision given before the commencement of the amendment of this section by the Land Title and Related Legislation Amendment Act 2008.
Division 4 Miscellaneous
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