Conveyancing (Sale of Land) Amendment Regulation 2002 (NSW)

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2002 No 875

New South Wales

Conveyancing (Sale of Land) Amendment Regulation 2002

under the

Conveyancing Act 1919

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919.

KIM YEADON, M.P.,

Minister for Information Technology

Explanatory note
The object of this Regulation is to amend the Conveyancing (Sale of Land) Regulation 2000 to require the following to be attached by vendors to contracts for the sale of land:

(a)

a copy of the current strata management statement, if the contract relates to land that is subject to such a statement,

(b)

a copy of the current building management statement, if the contract relates to land that is subject to such a statement.

This Regulation also rectifies incorrect paragraphing of two parallel provisions in

Schedule 3 to that Regulation, as a matter of law revision.

This Regulation is made under the Conveyancing Act 1919, including sections 52A and

202 (the general regulation-making power).

Published in Gazette No 237 of 29 November 2002, page 10069 Page 1
2002 No 875
Clause 1 Conveyancing (Sale of Land) Amendment Regulation 2002

Conveyancing (Sale of Land) Amendment Regulation

2002

under the

Conveyancing Act 1919

1      Name of Regulation

This Regulation is the Conveyancing (Sale of Land) Amendment

Regulation 2002.

2 Commencement

This Regulation commences on 1 January 2003.

3 Amendment of Conveyancing (Sale of Land) Regulation 2000

The Conveyancing (Sale of Land) Regulation 2000 is amended as set out in Schedule 1.

Page 2

2002 No 875

Conveyancing (Sale of Land) Amendment Regulation 2002

Amendments Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Schedule 1 Prescribed documents

Omit item 7. Insert instead:

7                If the contract relates to land that is subject to a strata management statement registered under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, a copy of the strata management statement, as in force for the time being.

7A If the contract relates to land that is subject to a building management statement registered under the Conveyancing Act 1919, a copy of the building management statement, as in force for the time being.

[2]      Schedule 3 Prescribed warranties

Omit each clause numbered 2 (a) from Parts 1 and 2. Insert instead:

(a) land is subject to an adverse affectation if anything listed in Part 3 of Schedule 3 to the Conveyancing (Sale of Land) Regulation 2000 applies in respect of the land, and
(b) a public or local authority has a proposal in respect of land if, and only if, the authority has issued a written statement the substance of which is inconsistent with there being no proposal of the authority in respect of the land, and

[3]      Schedule 3

Renumber each of the clauses numbered 2 (b) and 2 (c) in Parts 1 and 2 as clauses 2 (c) and (d), respectively.

BY AUTHORITY

Page 3

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