South Australian Numbered Acts

STATUTES AMENDMENT (REAL PROPERTY) ACT 2008 (NO 12 OF 2008) - SECT 76

76—Amendment of section 12—Application for amendment

        (1)         Section 12(2)—after paragraph (b) insert:

            (c)         if units or common property affected by the proposed amendment are subject to a statutory encumbrance—that the holder of the statutory encumbrance consents to the amendment.

        (2)         Section 12—after subsection (2) insert:

        (2a)         Where the amendment of a deposited strata plan would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has, or claims, an estate or interest in the servient land is not required in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land.

        (3)         Section 12(3)(b)—delete paragraph (b)

        (4)         Section 12—after subsection (3a) insert:

        (3b)         If the amendment affects the delineation of units or common property, the Registrar-General must not deal with the application unless satisfied that the certificate from the Development Assessment Commission required by section 51 of the Development Act 1993 has been given, and is in force, in relation to the amendment.

        (3c)         The certificate from the Development Assessment Commission under section 51 of the Development Act 1993 expires at the expiration of 1 year after the application for amendment was lodged with the Registrar-General unless the Registrar-General extends the life of the certificate.

        (5)         Section 12(5)(a)—after "easement" insert:

or statutory encumbrance

        (6)         Section 12(5a)(a)—after "easement" insert:

or statutory encumbrance