Local Government (Regulation of Flats) Amendment Act 1973 (NSW)

LOCAL GOVERNMENT (REGULATION OF FLATS)

AMENDMENT ACT.

ANNO VICESIMO SECUNDO

ELIZABETHE II REGINE

Act No. 76 , 1973.

An Act to extend the time within which applications may be made to convert certain existing buildings into residential flat buildings; to restrict the extent to which buildings so converted may be enlarged, altered, rebuilt or extended; for these and other purposes to amend the Local Government (Regulation of Flats) Act, 1955; and for purposes connected therewith. [Assented to, 20th December, 1973.] BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the "Local Government

(Regulation of Flats) Amendment Act, 1973".

2. This Act shall be deemed to have commenced on

13th December, 1973.

3. The Local Government (Regulation of Flats) Act,

1955, is amended—

(a)	by omitting from section 2 (1) (a) the words "the expiration of eighteen years from the com­ mencement of this Act" and by inserting instead the matter "1st January, 1979";
(b)	by inserting after section 5 the following sections :—

6. Where—

(a) before the commencement of the Local

that commencement a building is, pursuant

Government (Regulation of Flats) Amend­ment Act, 1973, a building was, or after

to an approval under this Act converted or
made into a residential flat building; and

(b) an application is made to the council of the area in which the building is situated to make alterations, or alterations and additions, to the building,

the

the council shall refuse the application if the altera­ tions, or alterations and additions, would have the effect of increasing the floor plan area of the building to an area greater than the floor plan area that, at the time of that approval, was the maximum floor plan area that could have been approved in respect of the building upon its being converted or made into a residential flat building.

7. Where—

(a) before the commencement of the Local Government (Regulation of Flats) Amend­ ment Act, 1973, a building was, or after that commencement a building is, pursuant to an approval under this Act converted or made into a residential flat building; and

(b) the provisions of—

(i)   subsection (2) of section 309 of the Principal Act;

(ii)   a planning scheme prescribed under Part XIIA of that Act; or

(iii)   an interim development order made under that Part of that Act,

that relate to existing buildings and the existing use of buildings apply to and in respect of the building,

those provisions so apply only to the extent that they permit the maintenance and continued use of

making of alterations, or alterations and additions, that building as a residential flat building and the	to the building within the limits imposed by the
operation of this Act.

METROPOLITAN