(1) Where this section applies the boundaries of any cubic space referred to in paragraph (a) of the definition of }floor plan~ in section 3(1) are, regardless of the exact location of the lines referred to in that paragraph ¾

(a) the external surfaces of the building occupying the area represented on that floor plan ¾

(i) including any thing that ¾

(I) is attached to and projects from the building; and

(II) is prescribed by the regulations to be included as part of a lot;

but

(ii) excluding any thing that is prescribed by the regulations not to be included as part of a lot;

or

(b) despite paragraph (a), where 2 lots ¾

(i) have a common or party wall, the centre plane of that wall; or

(ii) have buildings on them that are joined, the plane or planes at which they are joined.

(2) If under subsection (1) ¾

(a) the boundary of a lot is a part of a building that constitutes a permitted boundary deviation; and

(b) the part is destroyed and is not reinstated within one year, or a longer period allowed by a referee under section 103N, after the destruction,

the boundary referred to in paragraph (a) ceases to apply on the expiry of that period and the boundary in question becomes a vertical plane from the base line shown on the strata plan.

(3) Nothing in this section applies to a boundary of a lot or a part of a lot that is external to a building.

(4) Where this section applies it ¾

(a) displaces the operation of section 3(2)(a); but

(b) does not affect the operation of subsection (2)(b) of that section.

[Section 3AB inserted by No. 61 of 1996 s. 6.]