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29. Action by Director of Survey.
The Director of Survey shall, upon receiving a copy of the
plan transmitted by the Land Administrator, check the said plan and carry out
or cause to be carried out such survey of the affected parcel or parcels as
he may consider desirable and advise the Land Administrator as to whether the
plans are in order and notify him of the amount of fees to be collected upon
approval in respect of such survey and for the preparation of plans
30. Land Administrator to transmit application to Director
of Lands and Mines.
Upon receiving the advice of the Director of Survey, the Land
Administrator shall transmit to the Director, the application and its accompanying
documents together with his recommendations.
31. Power of Director of Lands and Mines in relation to
application for division or amalgamation.
(1) The Director, upon receiving the application and its accompanying
documents from the Land Administrator, shall-
(a) approve the division or
amalgamation to which the plan relates if it appears to him that the conditions
specified in section 27 are satisfied; and
(b) in any other case, reject
the application.
(2) Where the Director has rejected an application, he shall
notify the Land Administrator who shall forthwith inform the proprietor and
shall cancel or cause to be cancelled the note thereof endorsed on the register
document of title under subsection (2) of section 28.
(3) Where the Director has approved a division or an amalgamation,
he shall-
(a) transmit to the Director
of Survey the application and other accompanying documents; and
(b) notify the Land Administrator
of the approval and direct him to collect from the proprietor, fees as notified
by the Director of Survey under section 29, and fees for the preparation and
registration of strata titles.
32. Preparation of new certified strata plan by Director
of Survey.
The Director of Survey shall, upon receiving the approved
application and other accompanying documents, and upon being informed by the
Land Administrator that the amount demanded in respect of his fees has been
duly paid, take such action as specified in section 13 in respect of-
(a) preparation of a new certified
strata plan incorporating the changes made by the division or amalgamation,
for filing in his office in place of the original certified strata plan; and
(b) preparation of a copy of
the new certified strata plan for retention by the Registrar and additional
copies thereof for attaching to the issue documents of title,
and shall transmit to the Director, the copies so prepared,
together with the application and other accompanying documents.
33. Modification of strata register and issue of fresh
documents of title.
(1) Upon receiving from the Director of Survey the copies
of the new certified strata plan and other accompanying documents, and upon
being informed by the Land Administrator that the fees in respect of the preparation
and registration of strata title to the new parcel or parcels have been duly
paid, the Director shall direct the Registrar to take action as specified in
subsection (2).
(2) On being directed by the Director, the Registrar shall-
(a) replace the copy of the
original certified strata plan in the relevant book of the strata register
with the copy of the new certified strata plan prepared for his retention;
(b) amend the schedule of share
units of the parcels and make such other alterations in the relevant book
of the strata register as are necessary to take account of the changes made
by the division or amalgamation; and
(c) issue title in continuation
to the new parcel or parcels as if he were issuing title in continuation to
land subdivided or amalgamated under Chapter 1 or 3 of Part Nine of the National
Land Code
33A. Effect of registration in respect of common property
created upon division or amalgamation.
Upon the registration of the strata title or titles to the
new parcel or parcels upon the division or amalgamation, the parts of any parcel
which are created as common property shall be deemed to form part of the common
property in relation to all the parcels comprised within the subdivided building.
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