Division 5Division 5 Powers and duties of Registrar-General
41 Registration of plans and notices
(1) The Registrar-General may, subject to and for the purposes of this Act, register under this Act a plan or other instrument lodged for registration in his office.(2) A plan is registered as a strata plan, strata plan of subdivision, strata plan of consolidation or building alteration plan when the Registrar-General makes on the plan, in the Register or in another record maintained by him, such recordings with respect to the plan as he considers appropriate.(2A)–(2C) (Repealed)(3) A notice is registered as a notice of conversion when the Registrar-General makes in the Register such recordings with respect to the notice as he considers appropriate.(4) (Repealed)(5) Notwithstanding any other provision of this Act, a plan shall not be registered as a strata plan, strata plan of subdivision, strata plan of consolidation or building alteration plan and a notice shall not be registered as a notice of conversion unless such other plans and documents, if any, as may be prescribed have been lodged with the plan or notice.
42 Provisions applying to strata plans and certain other documents
(1) The provisions of sections 195F, 195H, 195J (2), 196 and 196AA of the Conveyancing Act 1919 apply to and in respect of a plan lodged in the office of the Registrar-General for registration as a strata plan, strata plan of subdivision, strata plan of consolidation or building alteration plan in the same way as they apply to plans referred to in those provisions.(2) (Repealed)(3) The Registrar-General may cause a true copy of any plan, strata development contract or strata management statement or amendment of a strata development contract or strata management statement registered under this Act, or of a copy of such a plan, strata development contract or strata management statement or amendment prepared under this subsection, to be prepared and a copy so prepared and certified by the Registrar-General as a true copy shall, for all purposes, have the like validity and effect as the original plan, contract, statement or amendment to which it relates.(4) The Registrar-General may destroy, or cease to retain in electronic form, any plan, strata development contract or strata management statement or amendment of a strata development contract or strata management statement, or copy of a plan, strata development contract or strata management statement or amendment, a copy of which he has caused to be made under subsection (3).(5) Subsections (1), (2), (3) and (4) apply to and in respect of a strata plan, and a strata plan of resubdivision, within the meaning of the Conveyancing (Strata Titles) Act 1961, in the same way as they apply to and in respect of:(a) plans lodged in the office of the Registrar-General for registration as strata plans or strata plans of subdivision, and(b) strata plans or strata plans of subdivision,as the case may require.
43 Registrar-General’s power to adjust unit entitlements
(1) Where a quotient that is a whole number is obtained by dividing by a whole number the unit entitlements of the lots and proposed lots shown on a schedule of unit entitlement which accompanies a plan lodged in the office of the Registrar-General for registration or on a revised schedule of unit entitlements lodged under section 28QAA, the Registrar-General may, of his own motion when registering the plan, record in the folio of the Register comprising the common property:(a) as the unit entitlement of each lot, the quotient obtained in respect of that lot, and(b) as the aggregate unit entitlement, the appropriate aggregate unit entitlement.(2) Where a quotient that is a whole number is obtained by dividing by a whole number the unit entitlement of each lot the subject of a strata scheme, the Registrar-General may, of his own motion, amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property or revised schedule of unit entitlements recorded under section 28QAA:(a) by substituting for the unit entitlement of each lot a unit entitlement equal to the quotient obtained in respect of that lot, and(b) by substituting for the aggregate unit entitlement the appropriate aggregate unit entitlement.(3) The Registrar-General shall, upon making a recording pursuant to subsection (1) or an amendment pursuant to subsection (2), notify the body corporate concerned of the unit entitlements and aggregate unit entitlement recorded.
44 Recording of condition restricting use imposed by local council
(1) Where a strata certificate issued by a local council under section 37 is qualified by attaching, in accordance with section 39, a condition restricting use of a lot, the Registrar-General shall, when creating a folio of the Register for the lot, suitably record the condition therein.(1A) If a strata certificate issued by an accredited certifier under section 37A is qualified by noting, in accordance with section 39, a condition restricting the use of a lot, the Registrar-General must, when creating a folio of the Register for the lot, suitably record the condition in the folio.(2) A condition recorded pursuant to subsection (1) or (1A) is an interest within the meaning of section 42 of the Real Property Act 1900.(3) Upon lodgment in his office of an instrument referred to in section 39 (4), the Registrar-General shall make such recordings in the Register with respect to it as he considers appropriate and thereupon the utility lot to which the instrument relates is released from the restriction referred to in it.
45 Prohibition on recordings in the Register in certain circumstances
Where the Registrar-General registers a strata plan of subdivision or a current plan relating to a parcel on which are endorsed or which is accompanied by the relevant statements referred to in section 30 (3), he shall not:(a) create a folio of the Register for any lot comprised in that strata plan of subdivision or any current plan lot, as defined in section 7 (1), in that current plan, or(b) make any recording in the Register by reference to any such lot or current plan lot,until he makes a recording in the Register under section 31A (3) of the Real Property Act 1900 with respect to that lot or any other lot in that strata plan of subdivision or with respect to that current plan lot or any other such current plan lot in that current plan.
46 Certain recordings to be made by Registrar-General
(1) Where the Registrar-General registers a strata plan of subdivision that is not a plan referred to in section 45, or where he registers a strata plan of consolidation, he shall:(a) cancel the folio of the Register comprising any former lot subdivided or consolidated by the registration of the plan,(b) create a folio of the Register for each new lot created by the subdivision or consolidation, and(c) amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property the subject of the strata scheme concerned by making such recordings in that folio as he thinks fit.(2) Where the Registrar-General registers a notice of conversion of a lot into common property, he shall:(a) (Repealed)(b) cancel the folio of the Register comprising the converted lot, and(c) amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property the subject of the strata scheme concerned by making such recordings in that folio as he thinks fit.(3) (Repealed)
47 Duties of Registrar-General where resumed land remains subject to strata scheme
(1) Where the whole of a lot (not being a lot in a strata plan of subdivision referred to in section 45) is resumed and the notice of resumption contains a statement referred to in section 30 (2) (b), any recording in the Register that the Registrar-General is, under section 31A (3) of the Real Property Act 1900, authorised or required to make with respect to the resumption shall be made in the folio of the Register comprising the resumed lot.(2) Where the whole of a lot in a strata plan of subdivision referred to in section 45 is resumed and the notice of resumption contains a statement referred to in section 30 (2) (b) corresponding to the statement referred to in section 30 (3) (a), the Registrar-General shall, after making a recording in the Register under section 31A (3) of the Real Property Act 1900, with respect to that resumption:(a) cancel the folio of the Register comprising the subdivided lot,(b) create a folio of the Register for each new lot, and(c) amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property the subject of the strata scheme concerned by making such recordings in that folio as he thinks fit.
48 Duties of Registrar-General where resumed land is excluded from strata scheme
(1) Where land consisting solely of common property is resumed, any recording in the Register that, under section 31A (3) of the Real Property Act 1900, the Registrar-General is authorised or required to make shall be made in the folio of the Register comprising the common property.(2) Where the whole of a parcel or any part of a parcel that does not consist of common property is resumed and the notice of resumption contains a statement referred to in section 30 (2) (a) corresponding to the statement referred to in section 30 (3) (b) (i), the Registrar-General shall, where he makes a recording in the Register under section 31A (3) of the Real Property Act 1900 with respect to the resumption, make such recordings in the Register and create such folios of the Register as appear to him to be necessary or proper to give effect to the order of the Supreme Court made under section 32, 50 or 51 with respect to the land resumed and the strata scheme concerned.
49 Notice to produce electronic form plans and other documents
(1) As soon as is practicable after a written demand of the Registrar-General requiring its production is served on a person who has lodged a plan or other document in electronic form for the purposes of this Act, the person is required to produce to the Registrar-General:(a) an electronically formatted version or a hard copy version of the plan, as directed by the Registrar-General, or the original hard copy version of the other document, in each case as it was when the plan or other document was lodged electronically, and(b) in the case of a plan, the approved form for signatures on which the signatures, seals, certificates, consents or other approvals required to authenticate, or to authorise the registration or recording of, the plan were endorsed.(2) This section applies only to a written demand served:(a) in the case of a plan or other document lodged for the purpose of its being registered or recorded, while the plan or other document is so lodged, or(b) in the case of a plan or other document that has been lodged otherwise than for the purpose of its being registered or recorded, before the period prescribed by the regulations (or any shorter period agreed to by the Registrar-General) has expired after the plan or other document was lodged, or(c) in the case of a plan or other document that has been registered or recorded, before the period prescribed by the regulations (or any shorter period agreed to by the Registrar-General) has expired after the plan or other document has been registered or recorded.