Registration process
52 Registration process
To register a community titles scheme or an amendment of a community titles scheme, the Registrar of Titles must —
allocate a reference number (being a unique series of numbers or letters or both numbers and letters) to the scheme; and
register or record, in the manner that the Registrar considers appropriate for incorporation in the Register under the Transfer of Land Act 1893 —
the scheme documents or amendments of the scheme documents; and
if a community development statement or an amendment of a community development statement has been approved by the Planning Commission for registration with the community titles scheme or the amendment of the community titles scheme — the statement or amendment; and
if the Planning Commission notifies the Registrar that the development period for a community scheme is extended — the new date on which the development period will end; and
if the Planning Commission notifies the Registrar that a registered community development statement has ceased to have effect — that fact;
and
as appropriate in the circumstances, register or record a disposition statement, transfers or other documents lodged with the application for registration in the manner that the Registrar considers appropriate for incorporation in the Register under the Transfer of Land Act 1893; and
on registration of a community titles scheme or an amendment of a community titles scheme to give effect to a subdivision of land —
ensure that there is a separate certificate of title registered under the Transfer of Land Act 1893 for each lot in the community titles scheme; and
create and register or cancel, or enter a memorial on, certificates of title as necessary for that purpose.
A separate certificate of title is not to be created for common property or for a tier parcel.
[(3) deleted]
The Transfer of Land Act 1893 section 166 does not apply to a subdivision of land by a community scheme.
Without limiting how the Registrar of Titles incorporates material into the Register, an item will be taken to be registered or recorded for a community titles scheme in the Register if it is registered or recorded on the scheme plan, a certificate of title for a lot in the scheme or on a separate record of information relating to the scheme.
Note for this subsection:
For example, an item may comprise an estate, interest, right, encumbrance, notification, memorial or caveat.
[Section 52 amended: No. 21 of 2022 s. 49.]
This Act’s bill:Explanatory memorandumSecond reading speech
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