Statute Law (Miscellaneous Provisions) Act 1994 Proclamation re commencement (1994-513) [GG No 126 of 22.9.1994] (NSW)

1994—No. 513

STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1994

No. 32—PROCLAMATION

NEW SOUTH WALES

[Published in Gazette No. 126 of 23 September 1994]

(L.S.) P. R. SINCLAIR, Governor.

I, Rear Admiral PETER ROSS SINCLAIR, A.C., Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of Schedule 1 to the Statute Law (Miscellaneous Provisions) Act 1994, do, by this my Proclamation, appoint 1 October 1994 as the day on which the amendments to the Strata Titles Act 1973 and the Strata Titles (Leasehold) Act 1986 set out in that Schedule commence.

Signed and sealed at Sydney, this 14th day of September 1994.

By His Excellency’s Command,

GEORGE SOURIS

Minister for Land and Water Conservation.

GOD SAVE THE QUEEN!

EXPLANATORY NOTE

The object of this Proclamation is to commence the amendments to the Strata Titles Act 1973 and the Strata Titles (Leasehold) Act 1986 made by the Statute Law (Miscellaneous Provisions) Act 1994.

Under section 18 of the Strata Titles Act 1973, registration of a strata plan, a strata
plan of subdivision creating common property or a notice of conversion convening any
lot into common property extinguishes any lease (among other things) affecting the

1994—No. 513

common property created by the plan or notice. The effect of one of the amendments to the Strata Titles Act 1973 is to exempt leases for utility services (such as a lease for an electricity substation) from that extinguishment. The land concerned is taken to be common property on the registration of the plan or notice and the lessor is taken to be the body corporate.

The remaining amendments insert a provision in each Act specifying the circumstances in which land is "contiguous" to other land for the purposes of that Act. They also make a consequential amendment to each Act.