Community Titles Variation Regulations 2009 (SA)

South Australia

Community Titles Variation Regulations 2009

under the Community Titles Act 1996

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Community Titles Regulations 1996

1. Substitution of regulation 4

   4Plans and maps to comply with guidelines

2. Variation of regulation 12—Notification on deposit of plan

3. Variation of Schedule 1—Forms

Part 1—Preliminary

1—Short title

These regulations may be cited as the Community Titles Variation Regulations 2009.

2—Commencement

These regulations will come into operation on the day on which Part 3 of the Statutes Amendment (Real Property) Act 2008 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Community Titles Regulations 1996

4—Substitution of regulation 4

Regulation 4—delete the regulation and substitute:

4—Plans and maps to comply with guidelines

A plan or map lodged with the Registrar‑General for the purposes of the Act must comply with any requirements specified in guidelines issued, from time to time, by the Registrar‑General.

5—Variation of regulation 12—Notification on deposit of plan

Regulation 12—after its present contents (now to be designated as subregulation (1)) insert:

(2)A notification or other document required to be given under this regulation may be sent by electronic means.

6—Variation of Schedule 1—Forms

1. Schedule 1, Form 1—delete the form and substitute:

   Form 1       

   sections 14(4)(h), 52(4)(f)(ii), 58(3)(e) and 60(3)(f)

   Certificate of licensed surveyor

   I, ........................................................................, a licensed surveyor under the Survey Act 1992, certify that—

   (a)I am uncertain about the location of that part of the service infrastructure shown between the points marked > and < on the plan; and

   (b)this community plan has been correctly prepared in accordance with the Community Titles Act 1996.

   Dated the                 day of   20

   ........................................................................

   Licensed Surveyor

2. Schedule 1, Form 6—delete the form and substitute:

   Form 6       

   section 50(10)

   Certification of copy of development contract as varied

   I [name and address of person certifying] being an officer of Community Corporation No............ Incorporated certify that the copy of the development contract attached to this certificate is a true copy of the contract as varied pursuant to section 50 of the Community Titles Act 1996 by agreement made on the............ day of............ [year] ............ between the developer and the corporation.

   Dated the                 day of   20

   ........................................................................

   (Signature of person certifying)

   Note—The copy of the contract attached to the certificate must be endorsed and signed by the person certifying as follows:

   "This is the copy of the development contract referred to in the attached certificate".

   ........................................................................

   (Signature of person certifying)

3. Schedule 1, Form 7—delete the form and substitute:

   Form 7       

   section 50(10)

   Certification of copy of agreement to terminate development contract

   I [name and address of person certifying] being an officer of Community Corporation No............ Incorporated certify that the copy of the agreement to terminate a development contract attached to this certificate is a true copy of the agreement entered into pursuant to section 50 of the Community Titles Act 1996 on the............ day of............ [year] ............ between the developer and the corporation.

   Dated the                 day of   20

   ........................................................................

   (Signature of person certifying)

   Note—The copy of the agreement attached to the certificate must be endorsed and signed by the person certifying as follows:

   "This is the copy of the agreement to terminate a development contract referred to in the attached certificate".

   ........................................................................

   (Signature of person certifying)

4. Schedule 1—after Form 9 insert:

   Form 10     

   sections 30(1)(ia), 31(3)(ab), 34(2)(e), 39(5a), 47(2)(ka), 50(7)(a)

   Certificate as to preparation of scheme description, by-laws or development contracts

   Certified correctly prepared in accordance with the requirements of the Community Titles Act 1996 by the person who prepared the document / an officer of the community corporation1.

   ..............................................................................................................

   (Signature of person certifying - name and address to be printed below)

   1Insert whichever description is applicable

   Note—The certificate must be endorsed on the relevant document.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 28 May 2009

No 67 of 2009

AGO0062/03CSTemp1