Subdivision Act 1988

If it proceeds under section 32, an owners corporation must submit for certification and lodge for registration a plan showing the changes to be made to any registered plan.

Section 22 applies to a plan resulting from the exercise by the owners corporation of its powers over land under section 32 as if it included a requirement that the registered proprietor of land in the plan that is not land affected by the owners corporation must consent to the registration of the plan.

To the extent that a plan referred to in subsection (1) affects common property, consent to the plan is not required by any person in respect of any lot if the common property is not vested in the owners of that lot.

If a plan referred to in subsection (1) relates to some but not all of the land in the registered plan and does not relate to common property, consent to the registration of the plan is not required by any person in respect of land that is not the subject of the plan.

Despite section 24, on the registration of a plan under this section, the Registrar may if appropriate—

create a folio of the Register for the existing common property and a folio of the Register for newly created common property in the name of a relevant owners corporation; or

create in the name of the relevant owners corporation a single folio of the Register for existing and newly created common property.