Community Titles Act 2018

On registration of a tier 1 scheme —

the title to the parcel of land that existed immediately before registration of the scheme ceases to exist; and

a tier 1 parcel is created.

On registration of a tier 2 scheme —

the community title to the tier 1 lot subdivided by the tier 2 scheme that existed immediately before registration of the scheme ceases to exist; and

a tier 2 parcel is created.

On registration of a tier 3 scheme —

the community title to the tier 2 lot subdivided by the tier 3 scheme that existed immediately before registration of the scheme ceases to exist; and

a tier 3 parcel is created.

A tier parcel cannot be dealt with (including by registration of a mortgage) or disposed of as such under the Transfer of Land Act 1893.

If a title ceases to exist, the certificate of title must be cancelled under the Transfer of Land Act 1893.

On registration of a community titles scheme or an amendment of a community titles scheme to give effect to a subdivision of land —

the relevant lots are created, cease to exist or are varied as required by the subdivision; and

the relevant common property (if any) comes into existence, ceases to exist or is varied as required by the subdivision.

A scheme document, or an amendment of a scheme document, has effect from when it is registered or recorded by the Registrar of Titles.