Land Code (Strata) Act · 2000 Revised Edition · Part IX
59. Cancellation by Commissioner
Official textFrom Attorney General's Chambers, unchanged
Where the Court has made a declaration authorising the cancellation of a strata plan and all conditions and directions imposed or given by the Court have been complied with, any applicant for the declaration or his successor in title may, within 6 months after the date of the declaration, apply to the Commissioner for cancellation of the strata plan and the Commissioner shall cancel the plan accordingly.
Every such application to the Commissioner for cancellation of a strata plan under subsection (1), shall be in Form 8 set out in the First
Commissioner
“Commissioner” means the Commissioner of Land, being the officer appointed as the head of the Land Department and includes any person for the time being lawfully exercising his powers;
Schedule and shall be accompanied by or have lodged in support thereof —
the outstanding subsidiary strata title for every unit;
the outstanding copy, if any, of every registered charge, lease, sublease or easement relating to any unit or to any part of the common property; and
Land Code (Strata)
a copy of every declaration or order made by the Court under sections 57 and 58 in relation to the strata corporation or strata plan, unless the Court otherwise directs or the Commissioner dispenses with the production of any such outstanding subsidiary strata title or copy of any instrument.
Where —
the Court makes a declaration under subsection (1) of section 57 and any person having custody or control of any outstanding subsidiary strata title or copy of an instrument required for the purposes of an application for cancellation of a strata plan refuses or neglects to produce it for those purposes;
production of any such outstanding subsidiary strata title or copy of an instrument cannot be obtained because the person last known to have custody or control thereof is dead or is out of Brunei
Darussalam or cannot be found;
for any other reason it is impracticable to obtain production of any such outstanding subsidiary strata title or copy of an instrument, the Court, on the application of any interested person, may in any appropriate case, order upon such terms and conditions as it thinks fit, production thereof to the Commissioner by the person so refusing or neglecting, or may in its discretion order the Commissioner to dispense with production.
The following provisions of sections 54, 55 and 56 shall apply when an application is made to the Commissioner under this section —
subsection (3) of section 54, except to the extent that the
Court otherwise directs, either on that application or on any subsequent application;
subsection (1) of section 55;
subsection (1) of section 56, unless the Court otherwise directs;
subsections (2) and (3) of section 56.
Land Code (Strata)
Terms defined in s 2
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Land, being the officer appointed as the head of the Land Department and includes any person for the time being lawfully exercising his powers;
common property
Defined · s 2“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
land
Defined · s 2“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under section 9;
subsidiary strata title
Defined · s 2“subsidiary strata title” means a subsidiary strata title issued by the Commissioner under subsection (1) of section 21 in respect of a principal unit and where applicable, one or more accessory units on a strata plan;
unit
Defined · s 2“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;