Land Title Act 1994

Scheme land for a community titles scheme must be made up of a single, continuous area of land.

Scheme land is taken to be made up of a single, continuous area of land even if—

a lot is subdivided under section 53A; or

if paragraph (a) does not apply—there is nevertheless a road or watercourse within the external boundaries of the scheme land.

However, a community titles scheme may be established with scheme land not made up of a single, continuous area of land if all lots that become the scheme land are—

created under a single plan of subdivision; or

in the opinion of the registrar formed on reasonable grounds, located within an area that is sufficiently limited to ensure the scheme can be administered under the BCCM Act efficiently and effectively as a single scheme.

Nevertheless, if subsection (3) applies, and the scheme is later changed to include additional lots or common property, each of the additional lots or common property must form a single, continuous area of land with a part of the scheme land in existence for the scheme immediately before the inclusion of the additional lots or common property.