Strata Schemes (Freehold Development) Act 1973 (NSW)
An Act to facilitate the subdivision of land into cubic spaces and the disposition of titles thereto; to amend the Real Property Act 1900, the Conveyancing Act 1919, the Local Government Act 1919, the Land Tax Management Act 1956 and certain other Acts in certain respects; to repeal the Conveyancing (Strata Titles) Act 1961 and certain other Acts; and for purposes connected therewith.
This Act may be cited as the Strata Schemes (Freehold Development) Act 1973.
This Act shall commence upon such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
This Act binds the Crown.
(Repealed)
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
(a) the original proprietor, or
(b) a person, other than the original proprietor, who is the proprietor of a development lot within the strata plan.
(a) during any period during which his rights as mortgagee, under that mortgage are, by reason of a sub-mortgage, suspended, or
(b) whose rights, as mortgagee, under that mortgage have, by reason of any other instrument, terminated,
if particulars of that sub-mortgage or other instrument have been entered on the strata roll for that strata scheme.
(a) defines by lines (in paragraph (c) of this definition referred to as
base lines ) the base of each vertical boundary of every cubic space forming the whole of a proposed lot, or the whole of any part of a proposed lot, to which the plan relates,(b) shows:
(i) the floor area of any such cubic space, and
(ii) where any such cubic space forms part only of a proposed lot, the aggregate of the floor areas of every cubic space that forms part of the proposed lot, and
(c) where proposed lots or parts thereof to which the plan relates are superimposed on other proposed lots or parts thereof to which the plan relates:
(i) shows the base lines in respect of the proposed lots or parts thereof that are so superimposed separately from those in respect of the other proposed lots or parts thereof upon which they are superimposed, and
(ii) specifies, by reference to floors or levels, the order in which that superimposition occurs.
(a) if the scheme does not relate to a proposed stratum parcel, which delineates the perimeter of the land and, in relation to that perimeter, delineates the location:
(i) of any building erected on that land, and
(ii) of any proposed lots or part of proposed lots not within any such building, or
(b) if the scheme relates to a proposed stratum parcel, which delineates the perimeter of the site of the building, being the building of which the proposed stratum parcel forms part, and, in relation to that perimeter, delineates the location:
(i) of the building, and
(ii) of the proposed stratum parcel,
and, in relation to the perimeter of the proposed stratum parcel, delineates the location:
(iii) of the part of the building which will be the subject of the proposed strata scheme, and
(iv) of any proposed lots or part of proposed lots not within the building,
and which shows such other particulars as may be required by the regulations.
(a) except as provided in paragraph (b), the land from time to time comprising the lots and common property the subject of a strata scheme, and
(b) in relation to a plan lodged for registration as a strata plan, the land comprised in that plan.
(a) except as provided in paragraph (b), a person for the time being recorded in the Register as entitled to an estate in fee simple in that lot, or
(b) a person whose name has been entered on the strata roll as a proprietor pursuant to section 98 of the Strata Schemes Management Act 1996.
(c) (Repealed)
(a) except as provided in paragraph (b) and (c), the schedule recorded as the schedule of unit entitlement in the folio of the Register comprising the common property the subject of that strata scheme, or
(b) where a plan referred to in section 30 (3) relating to the parcel the subject of that strata scheme has been registered by the Registrar-General and the resumption of the land referred to in that plan has taken effect:
(i) if that plan is a strata plan of subdivision—the schedule of unit entitlement which accompanied that plan when it was registered, or
(ii) if that plan is a current plan—the schedule of unit entitlement, if any, which the Supreme Court, on making an order under section 32 or, pursuant to an application made under section 32 (7), under section 50, ordered to be substituted for a previous schedule of unit entitlement, or
(c) if a revised schedule of unit entitlement has been recorded under section 28Q (5) as the schedule of unit entitlement in substitution for a schedule of unit entitlement referred to in paragraph (a) or (b), the schedule so recorded.
(a) the manner of division under this Act, from time to time, of a parcel into lots or into lots and common property and the manner of the allocation under this Act, from time to time, of unit entitlements among the lots, and
(b) the rights and obligations, between themselves, of proprietors, other persons having proprietary interests in or occupying the lots and the body corporate, as conferred or imposed by this Act or by anything done under the authority of this Act and as in force from time to time.
(a) cubic space occupied by a vertical structural member, not being a wall, of a building,
(b) any pipes, wires, cables or ducts that are not for the exclusive enjoyment of one lot and:
(i) are in a building in relation to which a plan for registration as a strata plan was lodged with the Registrar-General before the day appointed and notified under section 2 (3) of the Strata Titles (Development Schemes) Amendment Act 1985, or
(ii) in any other case—are in a building or in a part of a parcel that is not a building,
(c) any cubic space enclosed by a structure enclosing any such pipes, wires, cables or ducts.
(a) the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000, or
(b) a council or county council exercising water supply, sewerage or stormwater drainage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.
For the purposes of this Act, land is contiguous to other land even if it is divided by, or separated from the other land by, a natural feature (such as a watercourse), a railway, a road, a public reserve or a drainage reserve.
The boundaries of any cubic space referred to in paragraph (a) of the definition of
(a) except as provided in paragraph (b):
(i) are, in the case of a vertical boundary, where the base of any wall corresponds substantially with any line referred to in paragraph (a) of that definition—the inner surface of that wall, and
(ii) are, in the case of a horizontal boundary, where any floor or ceiling joins a vertical boundary of that cubic space—the upper surface of that floor and the under surface of that ceiling, or
(b) are such boundaries as are described on a sheet of the floor plan relating to that cubic space (those boundaries being described in the prescribed manner by reference to a wall, floor or ceiling in a building to which that plan relates or to structural cubic space within that building).
A reference in this Act to cubic space includes a reference to space contained in any three-dimensional geometric figure which is not a cube.
The fact that any boundary is defined in a plan in terms of or by reference to:
(a) a wall that is not vertical, or
(b) a floor or ceiling that is not horizontal,
does not prevent that plan from being a floor plan.
A reference in this Act:
(a) to a strata plan, a strata plan of subdivision, a strata plan of consolidation or a building alteration plan is a reference to a plan registered as such, or
(b) to a notice of conversion is a reference to a notice registered as such,
together with any endorsements required to be made on or any plans and documents required to accompany the plan or notice so registered before it may be registered.
(Repealed)
A reference in this Act to a subdivision of a lot or common property is a reference to the alteration of the boundaries of:
(a) one or more lots so as to create only two or more different lots,
(b) one or more lots so as to create one or more different lots and common property,
(c) one or more lots and common property that are not part of a community scheme so as to create one or more different lots or one or more different lots and common property, or
(d) common property that is not part of a community scheme so as to create one or more lots,
but does not include a reference to the consolidation of two or more lots into one lot or the conversion of one or more lots into common property.
Except in so far as the context or subject-matter otherwise indicates or requires, it is a sufficient compliance with any provision of this Act requiring an instrument to be accompanied by another instrument if that other instrument is endorsed on that firstmentioned instrument.
Where, in any provision of this Act, reference is made to any person, body, matter or thing (including land) and that provision has effect in relation to a strata scheme, a reference in that provision to any other person, body, matter or thing (including land) is a reference to that other person, body, matter or thing (including land) in connection with that strata scheme.
In this section:
Notes in the text of this Act are explanatory notes and do not form part of this Act.
This Act shall be read and construed with the Real Property Act 1900 as if it formed part thereof.
The Real Property Act 1900 applies to lots and common property in the same way as it applies to other land except in so far as any provision of that Act is inconsistent with this Act or is incapable of applying to lots or common property.
The provisions of this Act, other than those relating to ownership and the certification of title, apply:
(a) to so much of an encroachment (other than on a public place) shown on a proposed strata plan or strata plan of subdivision as is designated for use with a lot—as if it were part of the lot, or
(b) to the remainder (if any) of such an encroachment and to any other encroachment (other than on a public place) shown on a proposed strata plan or strata plan of subdivision—as if it were common property.
This section applies to:
(a) plans lodged for the purposes of this Act, and
(b) other documents, except certificates of title and office copies of court orders, that:
(i) are required by or under this or any other Act to be lodged with those plans, or
(ii) are of a class prescribed by the regulations made under this Act as documents that may be lodged in electronic form.
A reference in this Act:
(a) to a plan or another document includes a reference to an electronic data file containing a plan or another document in an electronic form, and
(b) to the lodging of a plan or another document includes a reference to the electronic lodging of a plan or another document in an electronic form approved by the Registrar-General, and
(c) to a sheet of a plan or another document that is in electronic form, is a reference to a sheet on which the whole or part of the plan or other document would be reproduced if the plan or other document were converted to hard copy form without re-pagination.
If a plan is lodged electronically, all other documents that are required to be lodged with the plan must also be lodged electronically in an electronic form approved by the Registrar-General, except:
(a) certificates of title and office copies of court orders, and
(b) any other documents excepted from this requirement by regulations under this or any other Act or by the Registrar-General.
Any signature, seal, certificate, consent or other approval required to authenticate, or to authorise the registration or recording of, a plan proposed to be lodged in electronic form is to be endorsed on an approved form for signatures. When the plan is lodged, that form must also be lodged electronically in an electronic form approved by the Registrar-General.
This Act applies to and in respect of plans and other documents lodged in electronic form in the same way as it applies to other plans and documents, subject to any modifications prescribed by this Act, the Conveyancing Act 1919, the Real Property Act 1900 or the regulations under any of those Acts.
In this section:
(a) land consisting of one current plan lot or of two or more contiguous current plan lots,
(b) land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919, being land of which every part is contiguous with another part, or
(c) land part of which comprises land, as defined in paragraph (a), and the remainder of which comprises land, as defined in paragraph (b), contiguous to that firstmentioned part.
(Repealed)
Land including the whole of a building may be subdivided into lots, or into lots and common property, by the registration of a plan as a strata plan.
Land including part only of a building, being:
(a) land consisting of one current plan lot or of two or more current plan lots, whether contiguous or not, or
(b) land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919, or
(c) land part of which comprises land, as defined in paragraph (a), and the remainder of which comprises land, as defined in paragraph (b),
may be subdivided into lots, or into lots and common property, by the registration of a plan as a strata plan, but only if the building is erected on a site of land held in fee simple.
Land that is a development lot under this Act cannot be subdivided under this section.
See section 8A for subdivision of land that is a development lot.
Land that is a development lot under the Community Land Development Act 1989 can be subdivided under this section.
The provisions of section 88B of the Conveyancing Act 1919 apply to a strata plan and a strata plan of subdivision in the same way as they apply to a plan referred to in that section relating to land under the provisions of the Real Property Act 1900, except in so far as that section authorises the creation or release of easements, or the creation of restrictions on the use of land or positive covenants burdening or benefiting land not under those provisions.
A plan intended to be registered as a strata plan must include, as sheets of the plan:
(a) a location plan, and
(b) a floor plan, and
(c) a schedule of unit entitlement.
The plan must be lodged with a separate document in the approved form that includes:
(a) the address at which documents may be served on the proposed body corporate, and
(b) a strata certificate issued by the local council under section 37 or an accredited certifier under section 37A in the approved form, unless the plan is lodged by the Crown or a statutory body representing the Crown, and
(c) a certificate given by a registered land surveyor in the approved form certifying that each applicable requirement of Schedule 1A has been met.
The document must also identify any encroachment by the building (whether or not on to a public place).
The floor plan for a strata scheme that does not provide for common property must show that at least one (or part of one) of the proposed lots is superimposed on another (or part of another) of the proposed lots.
The schedule of unit entitlement for a strata scheme that does not include a development lot must show as whole numbers the aggregate unit entitlement of all lots and the proposed unit entitlement of each lot.
The schedule of unit entitlement for a strata scheme that includes a development lot must show as whole numbers:
(a) the aggregate unit entitlement of all lots, whether or not development lots, and
(b) apportioned on the basis of land value (within the meaning of the Valuation of Land Act 1916) and so as to total that aggregate unit entitlement:
• the proposed unit entitlement of each development lot, and
• the proposed unit entitlement of all lots that are not development lots, being the unit entitlement attributable to the residue of the land in the proposed parcel, and
(c) apportioned on a market value basis and so as to total the proposed unit entitlement of all lots that are not development lots, the proposed unit entitlement of each lot that is not a development lot.
The schedule of unit entitlement for a strata scheme that includes a development lot must indicate that the schedule may, on conclusion of the development scheme, be revised under section 28QAA.
A plan intended to be registered as a strata plan must indicate:
(a) that specified model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are proposed to be adopted for the strata scheme and, if those model by-laws contain one or more alternative versions of any by-law, that the specified version of that by-law is proposed to be adopted, or
(b) that other specified by-laws are proposed to be adopted for the scheme.
If a strata plan indicates that by-laws other than the model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are proposed to be adopted for the strata scheme, the plan must be accompanied by the by-laws specified. The by-laws must be in the form approved under the Real Property Act 1900 and must have been signed by the persons required to have signed the strata plan under section 16 (1).
The proposed by-laws for a strata scheme have no effect until the strata plan (and any proposed by-laws that are required to accompany it) are registered. However, registration does not operate to give effect to by-laws that have not been lawfully made.
A plan intended to be registered as a strata plan that creates a development lot must be accompanied by:
(a) a copy of the relevant strata development contract, and
(b) unless the plan is lodged by the Crown or a statutory body representing the Crown—the certificate of the consent authority provided under section 28B (2).
The Registrar-General may refuse to register a plan as a strata plan:
(a) if a formal land survey plan (within the meaning of the Surveying and Spatial Information Act 2002) of the proposed parcel requested by the Registrar-General and such number of copies of the plan of survey, if any, as have been so requested have not been lodged in the office of the Registrar-General, or
(a1) if the certificate of title or Crown grant for the land comprising the proposed parcel does not accompany the plan (or is not produced in the office of the Registrar-General within such time as the Registrar-General considers reasonable), unless evidence is furnished to the Registrar-General’s satisfaction that:
(i) the certificate of title or Crown grant is in his or her custody, and that he or she has authority to use the instrument in connection with the registration of the plan, or
(ii) the certificate of title or Crown grant has been lost, mislaid or destroyed and application has been duly made (and is being duly prosecuted) under section 111 of the Real Property Act 1900, or
(b) if any requisition made by the Registrar-General concerning the registration of a by-law that confers a right of exclusive use and enjoyment of, or special privileges in respect of, common property has not been complied with.
The plan of survey must show, should the Registrar-General so request, the relationship by measurement of the building to the perimeter of the proposed parcel and, in the case of a proposed stratum parcel, to the perimeter of the site.
On registration of a plan as a strata plan that creates a stratum parcel, there is implied (despite section 88 of the Conveyancing Act 1919):
(a) as appurtenant to the lots and common property (if any) comprising that stratum parcel, being lots and common property which are situated within a building, an easement for their subjacent and lateral support by such other parts of the building as are capable of affording support, and
(b) as affecting those lots and that common property, an easement for the subjacent and lateral support of such other parts of the building as are capable of enjoying support, and
(c) as appurtenant to those lots and that common property, an easement for their shelter by all such other parts of the building as are capable of affording shelter, and
(d) as affecting those lots and that common property, an easement for the shelter of such other parts of the building as are capable of being sheltered by those lots and that common property.
All ancillary rights and obligations reasonably necessary to make easements effective apply in respect of an easement created by this section.
An easement for support or shelter created by this section:
(a) entitles the owner of the dominant tenement to enter the servient tenement to replace, renew or restore any support or shelter, and
(b) subsists until the easement is extinguished.
The Registrar-General must make in the Register such recordings in respect of the easements as the Registrar-General considers appropriate.
In this section:
If:
(a) a stratum parcel is the subject of a strata scheme, and
(b) an instrument has created or has had the effect of creating after the commencement of this section a right of vehicular access, a right of personal access or an easement for a specified service, over or through or as appurtenant to the stratum parcel, or the land comprised in that parcel, and
(c) the site of the easement is identified on a plan lodged in the office of the Registrar-General,
the rights and obligations conferred or imposed by the easement created by the instrument are as specified in Schedule 1B, except in so far as those rights or obligations may have been varied or negatived under this section or in the instrument.
Nothing in section 88 of the Conveyancing Act 1919 or in subsection (2) (c) requires the site of an easement for a service, being an easement to which this section applies, to be identified on a plan lodged in the office of the Registrar-General.
The terms of an easement created pursuant to subsection (2) in so far as they relate to:
(a) responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement, or
(b) the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things,
may be varied by memorandum of variation in the approved form and registered under the Real Property Act 1900 as if it were a dealing.
A variation of the terms of an easement referred to in subsection (4) must be executed by every person having an estate or interest registered under the Real Property Act 1900 in the land benefited or burdened by the easement.
On the application of any person who has an estate or interest in any land which has the benefit or burden of an easement to which this section applies, the Supreme Court may, by order, vary the terms of the easement in so far as they relate to:
(a) responsibility for maintaining in good order or repairing the access or other things required for enjoyment of the easement, or
(b) the proportions in which the persons having the benefit or burden of the easement are liable to contribute towards the cost of maintaining in good order or repairing that access or those things.
An order under subsection (6), when registered as provided by subsection (8), is binding on all persons, whether of full age or capacity or not, then entitled or later becoming entitled to the easement, and whether those persons are parties to the proceedings or have been served with notice or not.
The Registrar-General must, on application made in the approved form, make all necessary recordings in the Register for giving effect to the order.
A development lot may be subdivided into lots, or into lots and common property, by the registration of a plan as a strata plan of subdivision.
A plan intended to be registered under this section as a strata plan of subdivision must include, as sheets of the plan:
(a) a location plan, and
(b) a floor plan, and
(c) a schedule of unit entitlement.
The plan must be lodged with a separate document in the approved form that includes:
(a) a strata certificate issued by the local council under section 37 or an accredited certifier under section 37A in the approved form, unless the plan is lodged by the Crown or a statutory body representing the Crown, and
(b) a certificate given by a registered land surveyor in the approved form certifying that each applicable requirement of Schedule 1A has been met (but which need not certify any matter relating to a lot boundary that was certified in the strata plan or a previous strata plan of subdivision).
The document must also identify any encroachment by the building (whether or not on to a public place).
The schedule of unit entitlement must show as whole numbers:
(a) the current unit entitlement of the development lot intended to be subdivided, and
(b) apportioned on a market value basis and so as to total that unit entitlement, the proposed unit entitlement of each lot intended to be created on registration of the strata plan of subdivision.
Lots (other than development lots) or common property, or lots (other than development lots) and common property, may be subdivided by the registration, as a strata plan of subdivision, of a plan that complies with subsection (3).
A reference in subsection (1) to common property does not include a reference to:
(a) common property the subject of a lease accepted under section 19 (2), or
(b) common property in a strata scheme that is part of a community scheme under the Community Land Development Act 1989.
A plan complies with this subsection if:
(a) it consists of a floor plan and, if required by the Registrar-General, a location plan,
(b) that floor plan is accompanied by a strata certificate issued by the local council or an accredited certifier:
(i) where the plan is a plan illustrating a proposed subdivision referred to in section 5 (7) (a)—in accordance with section 37 (3) or section 37A (4), or
(ii) where the plan is a plan illustrating a proposed subdivision referred to in section 5 (7) (b), (c) or (d)—in accordance with section 37 (4) or section 37A (5),
(c) that floor plan includes a certificate given by a registered land surveyor in the approved form certifying that each applicable requirement of Schedule 1A has been met (with the exception that the certificate need not certify any matter relating to a lot boundary that was certified in the strata plan or a previous strata plan of subdivision), and
(c1) it is lodged with a separate document in the approved form that identifies any encroachment by the building (whether or not on to a public place), and
(d) in the circumstances set out in subsection (3A)—that floor plan is accompanied by:
(i) a certificate under the seal of the body corporate certifying that the certificate referred to in paragraph (b) was given after the expiration of the initial period, or
(ii) a certified or office copy of the minute of an order made under section 182 of the Strata Schemes Management Act 1996 authorising the registration of the plan, and
(e) any by-law conferring a right or privileges referred to in section 51 (1) of the Strata Schemes Management Act 1996 in respect of common property comprised in the plan has been:
(i) repealed, or
(ii) amended so that the by-law does not so confer the right or privileges.
A floor plan is required to be accompanied by a certificate or certified or office copy if:
(a) the land comprised in the plan is held by the original proprietor (not being an original proprietor who holds all lots forming part of the parcel to which the strata scheme concerned relates), and
(b) a certificate under subsection (3) (d) or section 13 (2) (b) or 28 (4) (b) has not previously been lodged in the office of the Registrar-General.
The provisions of section 8 (2) and (3) apply to the registration, as a strata plan of subdivision, of a plan illustrating a proposed subdivision referred to in section 5 (7) (c) or (d) in the same way as they apply to the registration of a plan as a strata plan.
Subsections (3) (b) and (3) (d) do not apply to or in respect of a plan lodged for registration as a strata plan of subdivision by a person or body who or which, but for section 3, would not be bound by this Act.
(Repealed)
A plan illustrating a proposed subdivision altering the boundaries of one or more lots so as to create only two or more different lots, other than a plan referred to in section 8A (1), shall not be registered as a strata plan of subdivision unless it is accompanied by a schedule showing as a whole number, in respect of:
(a) each lot comprised in the parcel other than the lot or lots the subject of the proposed subdivision, and
(b) each proposed lot,
the proposed unit entitlement of that lot or proposed lot, and showing the proposed aggregate unit entitlement.
A number shown as referred to in subsection (1) in respect of a lot other than a proposed lot shall bear to the proposed aggregate unit entitlement so shown the same proportion as the unit entitlement of that lot bore, immediately before the plan was registered, to the aggregate unit entitlement.
The sum of the numbers shown as referred to in subsection (1) in respect of the proposed lots shall bear to the proposed aggregate unit entitlement so shown the same proportion as the unit entitlement or the sum of the unit entitlements of the lot or lots the subject of the proposed subdivision bore, immediately before the plan was registered, to the aggregate unit entitlement.
A plan illustrating a proposed subdivision, other than a plan referred to in section 8A (1) or 10 (1), shall not be registered as a strata plan of subdivision unless it is accompanied by:
(a) a schedule showing as a whole number, in respect of:
(i) each lot comprised in the parcel other than any lot or lots the subject of the proposed subdivision, and
(ii) each proposed lot,
the proposed unit entitlement of that lot or proposed lot, and showing the proposed aggregate unit entitlement, and
(b) a certificate under the seal of the body corporate concerned certifying that it has, by the special resolution referred to in section 37 (4) (a) or section 37A (5) (c), agreed to each proposed unit entitlement and the proposed aggregate unit entitlement shown in the schedule referred to in paragraph (a).
Two or more lots may be consolidated into one lot by the registration of a plan as a strata plan of consolidation. The plan must be lodged with a separate document in the approved form relating to the plan.
Section 88B of the Conveyancing Act 1919 applies to a strata plan of consolidation in the same way as it applies to a strata plan or strata plan of subdivision under section 7 (3).
One or more lots may be converted into common property by the registration, as a notice of conversion, of a notice in the form approved under the Real Property Act 1900, being a notice executed by the proprietor or proprietors of that lot or those lots and by the body corporate.
A notice shall not be registered as a notice of conversion unless:
(a) it is accompanied by a strata certificate in respect of the lot or lots to which it relates given by the local council in accordance with section 37 (5) or by an accredited certifier in accordance with section 37A (6),
(b) in the circumstances set out in subsection (3A)—it is accompanied by:
(i) a certificate under the seal of the body corporate certifying that the certificate referred to in paragraph (a) was given after the expiration of the initial period, or
(ii) a certified or office copy of the minute of an order made under section 182 of the Strata Schemes Management Act 1996 authorising the registration of the notice, and
(c) every mortgage, charge, covenant charge, current lease, caveat or writ recorded in the folio of the Register comprising the lot, or each lot, to which the notice relates has, in so far as it affects any such lot, been discharged or surrendered, or withdrawn or otherwise disposed of, as the case may be.
Subsections (2) (a) and (2) (b) do not apply to or in respect of a notice lodged for registration as a notice of conversion by a person or body who or which, but for section 3, would not be bound by this Act.
A notice is required to be accompanied by a certificate or certified or office copy if:
(a) the land to which the notice relates is held by the original proprietor (not being an original proprietor who holds all lots in the strata scheme concerned), and
(b) a certificate under subsection (2) (b) or section 9 (3) (d) or 28 (4) (b) has not previously been lodged in the office of the Registrar-General.
Where:
(a) a building is altered by demolishing any wall, floor, ceiling or structural cubic space, and any boundary of a lot was, immediately before the alteration, the inner surface or any part of that wall, the upper surface or any part of that floor or the under surface or any part of that ceiling or was defined in terms of or by reference to that wall, floor, ceiling or structural cubic space, or
(b) a building is altered by constructing any wall, floor or ceiling so that a boundary of a lot coincides with the inner surface or any part of that wall, the upper surface or any part of that floor or the under surface or any part of that ceiling,
the proprietor of that lot shall, within one month after the completion of the demolition or construction, lodge in the office of the Registrar-General for registration as a building alteration plan a plan which:
(c) defines by lines the base of each vertical boundary of that lot after the alteration of the building, and
(d) is accompanied by a certificate given by a registered land surveyor certifying:
(i) that the wall, floor, ceiling or structural cubic space has been demolished or constructed, as the case may be,
(ii) that any wall, floor or ceiling referred to in paragraph (b) is wholly within the perimeter of the parcel except to the extent of any encroachment referred to in section 38 or, if any part of the building encroaches on land other than a public place, that an appropriate easement exists, and
(iii) that any such encroachment and its nature and extent are shown on the plan.
Maximum penalty: 5 penalty units.
The plan must be lodged with a separate document in the approved form relating to the plan.
Upon registration as a building alteration plan of a plan showing an encroachment on a public place, the Registrar-General shall forward a copy of the plan to the local council.
A copy of a plan forwarded under subsection (2) may be on a scale the same as or different from the original.
If an encroachment referred to in subsection (1) (d) (ii) is shown on a building alteration plan, the provisions of this Act, other than those relating to ownership and certification of title, apply:
(a) in the case of so much of an encroachment as is designated for use with a lot—as if it were part of the lot, or
(b) in any other case—as if it were common property.
Where:
(a) a plan is lodged in the office of the Registrar-General for registration as a strata plan of subdivision or a strata plan of consolidation,
(b) a notice is lodged in that office for registration as a notice of conversion, or
(c) a plan is lodged in that office for registration as a building alteration plan,
and the body corporate either:
(d) has not, within a period of twenty-one days after notice in writing served on it by the person so lodging the plan or notice, lodged in the office of the Registrar-General the certificate of title comprising the common property, or
(e) has not, within that period, made due application under section 111 of the Real Property Act 1900, and does not thereafter duly prosecute that application,
the certificate of title comprising the common property shall, for the purposes of Part 15 of that Act, be deemed to be wrongfully retained.
The Registrar-General may refuse to register any plan or notice lodged as referred to in subsection (1) unless it is accompanied by:
(a) the certificate of title comprising the common property, or
(b) evidence to the satisfaction of the Registrar-General of the service of the notice referred to in subsection (1) (d).
The Registrar-General shall not register as a strata plan, a strata plan of subdivision, a strata plan of consolidation or a building alteration plan a plan lodged in the office of the Registrar-General unless the separate document required to be lodged under this Division with the plan has been signed:
(a) by the registered proprietor of the land comprised in the plan, and
(b) by every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the folio of the Register kept under the Real Property Act 1900 relating to that land.
Without limiting the effect of subsection (1), the Registrar-General may refuse to register a plan referred to in that subsection unless consents in writing to the registration of the plan that have been signed by (or by an agent authorised by) such of the following persons as the Registrar-General may determine:
(a) the lessee under any lease, or the judgment creditor under any writ, recorded in the folio of the Register kept under the Real Property Act 1900 relating to the land comprised in the plan,
(b) the caveator under a caveat affecting any estate or interest in that land,
are lodged in the office of the Registrar-General.
(Repealed)
In relation to any particular plan lodged for registration as referred to in subsection (1), the Registrar-General may, without giving notice to any person, dispense with the requirement for a person mentioned in that subsection to sign the separate document required to be lodged with the plan.
A provision of this Division prohibiting the registration of a plan or a notice of conversion in circumstances specified in that provision is in addition to any other provision of this Division prohibiting the registration of a plan or a notice of conversion in circumstances specified in that other provision.
Upon registration of a strata plan any common property in that plan vests in the body corporate for the estate or interest evidenced by the folio of the Register comprising the land the subject of that plan but freed and discharged from any mortgage, charge, covenant charge, lease, writ or caveat affecting that land immediately before registration of that plan.
The Registrar-General shall, upon registration of a strata plan, create a folio of the Register for the estate or interest of the body corporate in any common property in that strata plan.
Upon registration of a strata plan of subdivision creating common property, the common property so created vests in the body corporate for the estate or interest evidenced by the folio of the Register comprising the land the subject of that plan but freed and discharged from any mortgage, charge, covenant charge, lease, writ or caveat affecting that land immediately before registration of that plan.
Upon registration of a notice of conversion, any lot thereby converted into common property vests in the body corporate for the estate or interest evidenced by the folio of the Register comprising the land the subject of that notice at the time when the notice is registered but freed and discharged from any mortgage, charge, covenant charge, lease, writ or caveat affecting that land before registration of that notice.
Nothing in subsection (1), (3) or (4) affects any right or remedy that may be exercised otherwise than in relation to common property by a person who is a mortgagee, chargee, covenant chargee, lessee, judgment creditor or caveator, even though the person may have signed or consented to the registration of the plan or signed the notice creating the common property.
In this section (other than this subsection),
In this section,
A body corporate may, pursuant to a special resolution, accept a transfer or lease of land, not being a lot within the parcel, which is contiguous to the parcel but which is not subject to a mortgage, charge or writ, for the purpose of creating, or creating additional, common property and upon so doing shall forthwith cause the dealing evidencing the transaction to be registered under the Real Property Act 1900.
Subsection (2) does not authorise acceptance of a transfer by the body corporate under a strata scheme that is part of a community scheme under the Community Land Development Act 1989.
The Registrar-General may refuse to register under the Real Property Act 1900, a transfer or lease referred to in subsection (2), if:
(a) it is not accompanied by:
(i) the certificate of title or Crown grant comprising the land described in the transfer or lease, and
(ii) the certificate of title comprising the common property,
(b) it is not accompanied by a certificate under the seal of the body corporate certifying that the resolution authorising the acceptance of the transfer or lease was a special resolution, or
(c) in the case of a transfer, other than a transfer of a lease, where any land (in this paragraph referred to as
the original parcel ) comprised in the parcel before the registration of the transfer was held in fee simple and is contiguous to the land comprised in the transfer there has not been lodged in the office of the Registrar-General for registration under the Conveyancing Act 1919, a plan showing as a single lot the land comprised in the transfer and the original parcel.
Upon the registration under the Real Property Act 1900 of any such transfer, other than a transfer of a lease:
(a) the land comprised therein becomes common property and is subject to the provisions of this Act and the Strata Schemes Management Act 1996 relating to common property, and
(b) the Registrar-General shall make in the Register such recordings with respect to the land that becomes common property as he considers appropriate.
Upon the registration under the Real Property Act 1900 of any such lease, transfer of a lease or sub-lease:
(a) the leasehold interest becomes common property and thereupon is subject to such of the provisions of this Act and the Strata Schemes Management Act 1996 relating to common property as are applicable to a leasehold interest,
(b) the body corporate is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sub-lease, as the case may be, and
(c) the Registrar-General shall make in the Register such recordings with respect to the leasehold interest that becomes common property as he considers appropriate.
A body corporate may, pursuant to a special resolution and with the concurrence of the lessor, surrender a lease accepted by it under this section.
Upon the registration under the Real Property Act 1900 of any such surrender the Registrar-General shall make in the Register such recordings with respect to the surrender as he considers appropriate.
The estate or interest of a body corporate in common property vested in it or acquired by it shall be held by the body corporate as agent:
(a) where the same person or persons is or are the proprietor or proprietors of all of the lots the subject of the strata scheme concerned—for that proprietor or those proprietors, or
(b) where different persons are proprietors of each of two or more of the lots the subject of the strata scheme concerned—for those proprietors as tenants in common in shares proportional to the unit entitlements of their respective lots.
Common property shall not be capable of being dealt with except in accordance with the provisions of this Act and the Strata Schemes Management Act 1996.
Where a strata plan that does not contain common property is registered, the Registrar-General shall create a folio of the Register and record therein, in such manner as he thinks fit:
(a) a statement that the strata scheme concerned does not contain common property,
(b) the name of the body corporate and the address for service of notices on it, and
(c) the schedule of unit entitlement in force in respect of the strata scheme concerned.
During any period for which a folio of the Register created under subsection (1) or section 18 (2) does not contain common property, the Registrar-General shall, in that folio:
(a) record any change, from time to time, in the address for service of notices on the body corporate, evidenced by a notice lodged in accordance with section 239 of the Strata Schemes Management Act 1996,
(b) record particulars of any amendment or addition to, or repeal of, the by-laws from time to time in force with respect to the strata scheme concerned, notification of which has been lodged in accordance with section 48 of the Strata Schemes Management Act 1996, and
(c) make any other recording which, by or under this or any other Act, he is required or authorised to make in the folio.
A reference:
(a) in this Act to a folio of the Register or a certificate of title comprising common property includes respectively a reference to a folio of the Register created under subsection (1) or section 18 (2) during any period for which it does not contain common property or to a certificate of title issued under section 22A (2) in respect of any such folio, and
(b) in the Real Property Act 1900 to a folio of the Register or a certificate of title includes respectively a reference to a folio of the Register referred to in paragraph (a) during any period for which it does not contain common property or to a certificate of title referred to in that paragraph, except in so far as the provision of that Act in which the reference occurs is incapable of applying to a folio of the Register or a certificate of title so referred to.
Upon any common property being vested in, acquired by or divested from, a body corporate for a strata scheme in respect of which a folio of the Register has been created under section 18 (2) or 22 (1), the Registrar-General shall make such recordings in the Register with respect to the common property so vested, acquired or divested as he considers appropriate.
The Registrar-General may, if he thinks fit, and shall, upon the written request of the body corporate, issue to a body corporate in respect of which a folio of the Register has been created under section 18 (2) or 22 (1), a certificate of title setting forth the information contained in that folio.
In any folio of the Register for common property it shall be sufficient that the land therein comprised be described as the common property in a designated strata plan without definition of its area or dimensions, and a folio of the Register comprising common property shall be construed as certifying title to the common property, other than common property the subject of a lease accepted or acquired under section 19, in the strata scheme concerned as that common property may exist from time to time.
When creating a folio of the Register for common property the Registrar-General shall record therein, in such manner as he thinks fit:
(a) the name of the body corporate,
(b) the address for service of notices on the body corporate,
(c) the schedule of unit entitlement in force in respect of the strata scheme concerned, and
(d) any easement benefiting or burdening the parcel, any restriction on the use of land or positive covenant burdening the parcel and any right of exclusive use and enjoyment, or any privilege, created by a by-law of the kind to which Division 4 of Part 5 of Chapter 2 of the Strata Schemes Management Act 1996 applies,
and shall, subsequently, in that folio:
(e) record any change from time to time in the address for service of notices on the body corporate, evidenced by a notice prepared and lodged in accordance with section 239 of the Strata Schemes Management Act 1996,
(f) record particulars of any amendment, addition or repeal of or to the by-laws from time to time in force notification of which has been lodged in accordance with section 48 of the Strata Schemes Management Act 1996, and
(g) make any other recording which, by or under this or any other Act, he is required or authorised to make in the folio.
Notwithstanding the provisions of the Real Property Act 1900, the Registrar-General shall not record any easement of the description contained in section 26 (1) (a) or (b), any easement acquired by resumption to the extent that it affects common property or any restriction on the use of land or positive covenant of the description contained in section 26 (1) (a) (whether or not the easement, restriction or positive covenant was created after the commencement of this Act or under section 26 (1)) in the folio of the Register comprising a lot the subject of the strata scheme concerned but shall record the easement, restriction or positive covenant in the folio of the Register comprising the common property, and any such easement, restriction or positive covenant shall affect any such lot to the extent that it is capable of affecting that lot and as if it were recorded by the Registrar-General in the folio of the Register comprising that lot.
Notwithstanding any provision of the Real Property Act 1900, the Registrar-General shall not record any mortgage, charge, covenant charge or writ in the folio of the Register comprising the common property but any such mortgage, charge, covenant charge or writ recorded in the folio of the Register comprising a lot the subject of the strata scheme concerned affects the beneficial interest of the proprietor of that lot in the estate or interest in the common property held by the body corporate as agent for that proprietor in the same way as if that mortgage, charge, covenant charge or writ were recorded by the Registrar-General in the folio of the Register comprising that common property.
In any dealing or caveat relating to a lot, a reference to that lot includes a reference to any estate or interest in common property which is vested in the body corporate as agent for the proprietor of that lot without express reference to the common property and without that dealing or caveat being recorded in the folio of the Register comprising the common property.
The beneficial interest of a proprietor of a lot in the estate or interest in the common property, if any, held by the body corporate as agent for that proprietor shall not be capable of being severed from, or dealt with except in conjunction with, the lot.
A body corporate may, pursuant to a special resolution, execute a transfer or lease of common property other than common property the subject of a lease accepted or acquired by the body corporate under section 19 (2).
Subsection (1) does not authorise a transfer by the body corporate under a strata scheme that is part of a community scheme under the Community Land Development Act 1989.
A body corporate, pursuant to a special resolution, may, if not prevented by the terms of the lease, transfer a lease of common property accepted or acquired by the body corporate under section 19 (2) or grant, by way of sub-lease, a lease of its estate or interest in common property the subject of a lease so accepted or acquired.
A body corporate may, pursuant to a special resolution, execute a variation of any such lease or sublease pursuant to section 55A of the Real Property Act 1900.
A body corporate may, pursuant to a special resolution, accept a surrender of a lease, or, if otherwise empowered so to do, re-enter under a lease, granted under subsection (1) or (2).
The Registrar-General shall register a dealing referred to in this section by making in the Register such recordings with respect to the dealing as he considers appropriate.
(Repealed)
A body corporate may, pursuant to a special resolution:
(a) execute a dealing creating an easement which burdens the common property or a restriction on the use of land or a positive covenant which burdens the common property or the whole parcel,
(b) accept a dealing creating an easement which, or a restriction on the use of land or a positive covenant which, benefits the common property or the whole parcel,
(c) execute a dealing releasing or varying an easement which, or a restriction on the use of land or a positive covenant which, benefits the common property or the whole parcel, or
(d) accept a dealing releasing or varying an easement which burdens the common property or a restriction on the use of land or a positive covenant which burdens the common property or the whole parcel.
Subsection (1) does not authorise a body corporate to execute or accept a dealing relating to common property the subject of a lease accepted or acquired by the body corporate under section 19 (2) that, apart from subsection (1), it is not entitled to execute or accept as a lessee or, by the terms of the lease, it is prevented from executing or accepting.
A body corporate may, pursuant to a special resolution, join in or consent to the execution or acceptance of a dealing referred to in subsection (1) relating to common property under section 19 (2).
In this section:
Common property may be dedicated as public road, public reserve or drainage reserve by registration of a plan under Division 3 of Part 23 of the Conveyancing Act 1919.
Common property may be dedicated as public reserve only if there is an adjoining public road or other public place giving access to the reserve by the public.
The common property to be dedicated must be identified on a plan and relate to a statement, acknowledged by endorsement of the seal of the body corporate pursuant to a special resolution, that it is intended:
(a) to open or widen a public road, or
(b) to create a public reserve, or
(c) to create a drainage reserve.
The seal of the body corporate is to be endorsed on the plan, subject to subsection (3A).
Common property that is a leasehold interest acquired under section 19 (2) may be dedicated only if each additional seal or signature required by section 195D of the Conveyancing Act 1919 to allow registration of the plan under Division 3 of Part 23 of that Act has been obtained.
If the plan is lodged electronically, or the plan is lodged manually but the seals, signatures and consents required by this section are not endorsed on the plan, they must be endorsed on the approved form for signatures and that form must be lodged in the same way as the plan.
Upon registration, under the Conveyancing Act 1919, of a plan referred to in subsection (2), the Registrar-General shall make in the Register such recordings, with respect to the effect of that registration, as he considers appropriate.
(Repealed)
In this section
A dealing executed by a body corporate for the purposes of the exercise of any of its powers under this Division shall be as valid and effective as it would be if it were also executed by the proprietors of all the lots the subject of the strata scheme concerned and the receipt of the body corporate for purchase money, rent, premium or other moneys payable to the body corporate in respect of the dealing shall be a sufficient discharge and shall exonerate every person paying any such moneys from any responsibility for their application.
A body corporate shall not execute a dealing for the purposes of this Division:
(a) whereby the estate or interest of the body corporate or of the proprietors or any of them in the parcel or in any part thereof is diminished unless:
(i) all persons (other than the body corporate and the proprietors) having interests recorded in the Register in the parcel or that part, as the case may be, have released them in so far as they affect the land the subject of the dealing or the dealing may properly be, and has been, made subject to those interests, and
(ii) all persons having interests (other than interests referred to in subparagraph (i) or statutory interests) in the parcel or that part, as the case may be, being interests which have been notified to the body corporate, have released them as against the person taking under the dealing, not being a plan, or benefiting by the registration of the dealing, being a plan, or
(b) unless any by-law to which Division 4 of Part 5 of Chapter 2 of the Strata Schemes Management Act 1996 applies and relating to the land the subject of the dealing has been:
(i) repealed, or
(ii) amended in so far as it would, but for the amendment, have detracted from the interest passing under the dealing.
A dealing lodged for registration under the Real Property Act 1900 or the Conveyancing Act 1919 for the purposes of this Division shall not be registered under either such Act unless it is accompanied by a certificate under the seal of the body corporate:
(a) certifying that:
(i) the resolution authorising the execution of the dealing was a special resolution, and
(ii) the requirements of subsection (3) (a) (ii) were complied with, and
(b) except where all lots concerned are held by the original proprietor or where a certificate under this paragraph or section 9 (3) (d) or 13 (2) (b) has been previously lodged in the office of the Registrar-General, or a certified or office copy of the minute of an order made under section 182 of the Strata Schemes Management Act 1996 authorising the registration of the dealing is so lodged, certifying that the resolution referred to in paragraph (a) was passed after the expiration of the initial period,
and the certificate under the seal of the body corporate given for the purposes of this subsection shall be conclusive evidence of the facts stated therein in favour of the Registrar-General and any person taking under the dealing, not being a plan, or benefiting by the registration of the dealing, being a plan.
This section does not prevent the execution in accordance with section 28N of a dealing by a body corporate, or by a developer on behalf of the body corporate, to give effect to a decision about a development concern (within the meaning of section 28O) or prevent the registration of a dealing so executed.
The purpose of this Division is to facilitate the development in stages of a parcel that is subject to a strata scheme (whether or not the parcel is developed together with development of non-strata land adjoining or adjacent to the parcel).
The development of the parcel contemplated consists of:
• the progressive improvement of the parcel by the construction of buildings or the carrying out of works (or both) on a lot or lots reserved for future development (
development lots ), and• the subsequent subdivision under this Act of each development lot and the consequential adjustment of unit entitlements within the scheme.
Development lots may be situated wholly or partly above, below or alongside the building to which the strata scheme initially relates, but must be identified as such in the strata plan for the scheme when that plan is registered.
The staged development of a parcel will be carried out subject to a strata development contract that describes separately:
(a) any proposed development that the developer for the development lot concerned warrants will be carried out and may be compelled to carry out (
warranted development ), and(b) any other proposed development that the developer will be authorised but cannot be compelled to carry out (
authorised proposals ).
Warranted development and authorised proposals are referred to as
This Division is not intended to prevent the development of a parcel otherwise than in accordance with this Division.
A consent authority must not, at the same time, grant development consent for the subdivision of land by a strata plan and the subsequent subdivision of a lot in that plan by a strata plan of subdivision unless:
(a) the lot intended to be subdivided is identified in the proposed strata plan as a development lot, and
(b) the development application is accompanied by a proposed strata development contract.
When a consent authority grants such a consent, it must certify in the approved form that carrying out the permitted development would not contravene:
(a) any condition subject to which the consent was granted, or
(b) the provisions of any environmental planning instrument that were in force when the consent was granted, except to the extent (if any) specified in the certificate.
A development consent that purports to have been granted in contravention of this section is invalid.
A strata development contract and any amendment of such a contract must be in the approved form.
A strata development contract must include a concept plan and a description:
(a) of the land comprising the parcel, identifying separately the development lot or lots and any non-strata land adjoining or adjacent to the parcel that is proposed to be developed together with the parcel to which it relates, and
(b) of any land proposed to be added to that parcel at a later time, and
(c) of so much (if any) of the proposed development as the developer is permitted by the contract to carry out and may be compelled to carry out (identified in the contract as “
warranted development —proposed development subject to a warranty”), and(d) of so much (if any) of the proposed development as the developer is permitted by the contract to carry out but cannot, merely because it is described in the contract, be compelled to carry out (identified in the contract as “
authorised proposals —proposed developmentnot subject to a warranty”).
If a strata development contract relates to development of a parcel together with any non-strata land adjoining or adjacent to the parcel, it must:
(a) include a description of the non-strata land, and
(b) indicate that a strata management statement will (unless the requirement for a statement is dispensed with under section 28R) govern both the non-strata land and the parcel, and
(c) indicate that, if the strata management statement is registered in accordance with Division 2B, a copy of it may be obtained from the Registrar-General.
A strata development contract must include such other documents, particulars and information as may be required by the regulations.
A strata development contract cannot provide for the subdivision of common property without the consent, by special resolution, of the body corporate.
A concept plan must illustrate, in the manner approved by the Registrar-General, the sites proposed for and the nature of the buildings and works that would result from the carrying out of all permitted development under the strata development contract of which the plan forms part.
A concept plan must separately illustrate, in the manner approved by the Registrar-General, the sites proposed for and the nature of such of those buildings and works (if any) as would result from the carrying out of all warranted development.
The Registrar-General may refuse to register an amendment of a strata development contract if it does not include a revised concept plan so that this section will be complied with after the amendment has been registered.
A strata development contract may apportion the liability for expenses relating to the use or maintenance of the common property of the strata scheme concerned differently from the way that liability would otherwise be apportioned by the schedule of unit entitlement applicable to lots under the scheme.
An apportionment under this section has effect despite the current schedule of unit entitlement, but does not apply to any liability that relates to the use or maintenance of the common property after the development scheme is concluded.
The Registrar-General may register a strata development contract relating to a development lot in a strata plan or an amendment of such a contract only if the contract or amendment has been signed by:
(a) the developer for the development lot, and
(b) each registered mortgagee, chargee, covenant chargee and lessee of the development lot, and
(c) each registered mortgagee and chargee of a lease of the development lot.
A strata development contract must be lodged with the certificate (if any) required to be given by section 28B (Obligations of consent authorities).
The Registrar-General may refuse to register a strata development contract or an amendment of such a contract if there have not been lodged in the office of the Registrar-General written consents to the registration of the contract or amendment that have been signed by (or by an agent authorised by) such one or more of the following as the Registrar-General determines:
(a) the judgment creditor under any writ recorded in the folio for the development lot concerned or for any lease of that lot,
(b) the lessee under any lease of the common property of the strata scheme concerned,
(c) the caveator under a caveat affecting any estate or interest of any person required to sign the contract because of that estate or interest or under a caveat affecting any such common property.
Nothing prevents the same person from being more than one of the parties to a strata development contract.
The Registrar-General may register a strata development contract and any amendment of such a contract by making such recordings in the Register as the Registrar-General considers appropriate.
The Registrar-General may refuse to register an amendment of a strata development contract if the certificate of title for the body corporate of the strata scheme concerned and the common property (if any) has not been produced to the Registrar-General.
The Registrar-General must refuse to register a strata development contract or any amendment of such a contract that contravenes any requirement made of it by this Division.
When a strata development contract is registered, the Registrar-General must record in the folio of the Register relating to the body corporate of the strata scheme concerned and the common property (if any):
(a) the existence of the contract and of any subsequent amendment of it that is registered from time to time, and
(b) such information relating to the contract and any amendment of the contract as the Registrar-General considers appropriate.
A strata development contract relating to a strata scheme has effect as an agreement under seal containing the covenants specified in Schedule 1BA entered into by the body corporate and each person who for the time being is:
(a) the developer concerned, or
(b) a proprietor of a lot (other than that developer), or
(c) a registered or enrolled mortgagee, chargee, covenant chargee or lessee, or an occupier, of a lot.
The contract ceases to have effect:
(a) in relation to a person described in subsection (1) (a), (b) or (c), on that person ceasing to be a person so described, and
(b) in relation to all of the persons described in subsection (1), when the development scheme to which the contract relates is concluded.
This subsection does not affect any obligation that was incurred by a person, or any right that accrued to a person, under the contract before it ceased to have effect in relation to the person.
A strata development contract does not permit development to be carried out in contravention of this or any other Act or any other law.
A lessee entitled under a lease to immediate possession of a development lot is taken to be the developer, and the person who would otherwise be the developer is taken not to be the developer, for the purposes of this Act, the regulations and the strata development contract concerned.
A mortgagee, chargee or covenant chargee in possession of a development lot is taken to be the developer, and the person who would otherwise be the developer is taken not to be the developer, for the purposes of this Act, the regulations and the strata development contract concerned.
A provision in any other contract or instrument under which a strata development contract is excluded, modified or restricted is void.
A covenant entered into under a strata development contract does not merge on transfer of a lot.
Nothing in this section affects any right or remedy a person may have apart from a right or remedy under a strata development contract, with the exception that Part 5 does not apply to matters arising under any such contract.
A strata development contract has no effect to the extent that it is inconsistent with a strata management statement for the strata scheme concerned—see section 28W (6A).
A strata development contract may be amended by the developer, but any such amendment has effect only if:
that transfer or lease, upon its lodgment in the office of the Registrar-General, shall be dealt with under section 25 (4) as if it were a dealing referred to in section 25 (1).
For the purposes of section 25 (3), a lease referred to in subclause (1) shall be deemed to have been granted under section 25 (1).
Where, in relation to a body corporate continued by the operation of clause 4, the original proprietor is not, on the appointed day, the proprietor of any lots the subject of the strata scheme or is the proprietor of lots the subject of the strata scheme the sum of whose unit entitlements is less than two-thirds of the aggregate unit entitlement and:
(a) a general meeting of that body corporate has not been held before the appointed day, a general meeting of that body corporate shall be held within three months after the appointed day, and that general meeting shall, for the purposes of this Act (section 57 (4) excepted) be the first annual general meeting of the body corporate, or
(b) a general meeting of that body corporate has been held before the appointed day, the last general meeting of that body corporate held before that day shall, for the purposes of clause 1 (1) of Part 1 of Schedule 2, be deemed to have been the first annual general meeting.
If a meeting of the body corporate is not held in accordance with subclause (1) (a), the Commissioner may, pursuant to an application by a proprietor or mortgagee of a lot appoint, by order, a person to convene a general meeting within such time as may be specified in the order and the meeting convened by that person shall for the purposes of this Act (section 57 (4) excepted) be the first annual general meeting of the body corporate.
An order made under subclause (2) may include such ancillary or consequential provisions as the Commissioner thinks fit.
The agenda for a meeting convened under subclause (1) (a) or subclause (2) shall be the agenda specified in section 57 (2).
The original proprietor shall not fail or neglect to deliver to the body corporate (being a body corporate a general meeting of which is required to be held under subclause (1) (a)), within fourteen days after notice in writing is given to him by the body corporate or if the documents referred to in paragraphs (a) and (b) are not then in his possession within fourteen days after they come into his possession or under his control:
(a) any plan, specification, certificate (other than a certificate of title for a lot), diagram or other document (including any policy of insurance) obtained or received by him and relating to the parcel or building, and
(b) any book of account, notice or other record relating to the strata scheme,
other than any such document which exclusively evidences rights or obligations of the original proprietor and which is not capable of being used for the benefit of the body corporate or any of the proprietors, other than the original proprietor.
Maximum penalty: 10 penalty units.
Section 70 (1) (b) (iii) shall be deemed to be amended by inserting after the matter “section 57 (4)” the matter “or under clause 11 (5) of Schedule 4”.
Notwithstanding section 57 (5), for the purposes of any general meeting of a body corporate continued by the operation of clause 4, being a general meeting held before the expiration of two months after the appointed day:
(a) the procedure for the convening and holding of meetings of such a body corporate and the rights of persons to vote at and to requisition meetings of such a body corporate shall be the same as they were under the former Act, and
(b) where a notice is given to the body corporate under section 81 (3), (5) or (6), the mortgagee specified in the notice shall have the same voting rights as he would have had if the meeting had been held in accordance with the former Act and if the notice were a notice given under section 26 (2) of the former Act.
The reference in section 60 to a notice served on the proprietor of a lot by a public authority or local council includes a reference to a notice served, before the appointed day, by such an authority or council on the proprietor of a former lot which has become a derived lot.
Subject to this clause, the former by-laws relating to a former strata scheme shall, notwithstanding the repeal of the former Act, continue in force in respect of the corresponding scheme to which the provisions of this Act apply by reason of clause 6 except to the extent of any inconsistency of the former by-laws with any provision of this Act except Schedule 1.
Until the expiration of a period of three months after the appointed day the former by-laws relating to a former strata scheme may be added to, amended or repealed in the manner provided by the former Act, and any such addition, amendment or repeal shall, notwithstanding any other provision of this Act, have force and effect upon a notification thereof, in the form prescribed under the former Act, being recorded on the relevant strata plan registered under the former Act.
Upon the expiration of a period of three months after the appointed day:
(a) any by-laws continued in force by subclause (1) or any by-laws so continued in force, as added to, amended or repealed in accordance with subclause (2), shall cease to have any force or effect, and
(b) the by-laws set forth in Schedule 1 and any by-laws, made in accordance with subclause (4), amending, adding to or repealing:
(i) the by-laws set forth in Schedule 1, or
(ii) any by-laws made under that subclause,
shall, subject to subclause (5), be the by-laws in force in respect of the strata scheme concerned.
During the period commencing two months after the appointed day and ending three months after that day a body corporate continued by the operation of clause 4 may, in the manner provided by section 58, make by-laws amending, adding to or repealing the by-laws set forth in Schedule 1 or any by-laws made under this subclause.
An amendment of, addition to or repeal of the by-laws in accordance with subclause (4) has no force or effect until:
(a) the expiration of the period of three months after the appointed day, or
(b) the Registrar-General has, pursuant to a notification in the prescribed form lodged in his office by the body corporate in accordance with section 58 (3), recorded the notification on the folio of the Register comprising the common property,
whichever occurs the later.
Nothing in this clause affects the operation, after the expiration of the period of three months after the appointed day, of section 58 in relation to a body corporate continued by the operation of clause 4.
Where immediately before the appointed day a proprietor of a former lot was entitled, whether pursuant to a resolution of the body corporate under the former Act or pursuant to a former by-law, to a right of exclusive use and enjoyment of, or special privileges in respect of, any of the former common property, the proprietor for the time being of the derived lot that corresponds to that former lot may at any time after that day serve notice on that body corporate, as continued by the operation of clause 4, requiring it to make a by-law, in terms specified in the notice, confirming that right or those special privileges and indicating the method by which the by-law may be amended, added to or repealed.
Notwithstanding section 58, the body corporate may make a by-law referred to in subclause (1) otherwise than pursuant to a special resolution or a unanimous resolution.
Where the body corporate on which a requisition has been served under subclause (1):
(a) fails to make a by-law (being a by-law adding to the by-laws set forth in Schedule 1) in accordance with the requisition:
(i) if the requisition was served on the body corporate within two months after the appointed day—before the expiration of three months after the appointed day, or
(ii) if the requisition was served on the body corporate after the expiration of two months after the appointed day—within one month after the service of the requisition, or
(b) having made such a by-law and having been tendered the prescribed fee, does not cause the by-law to be recorded in accordance with section 58 (3) within a reasonable time,
the proprietor who made the requisition may make an application to the Commissioner for an order to be made by the Residential Tribunal under subclause (5).
The provisions of Part 5 apply to an application made under subclause (3) in the same way as they apply to an application for an order made under that Part and required to be referred by the Commissioner to the Residential Tribunal.
Where, pursuant to an application by a proprietor under subclause (3), the Residential Tribunal is of the opinion that the applicant or a predecessor in title to the lot of which the applicant is proprietor was, immediately before the appointed day, entitled to a right or to special privileges of the nature referred to in subclause (1), the Residential Tribunal may, having regard to the interests of other persons having an estate or interest in lots the subject of the strata scheme concerned, the extent to which the right or special privileges referred to in the application has or have been exercised or apparent since the appointed day and the justice and merits of the case, order that the applicant is entitled to such rights or special privileges of that nature as may be specified in the order and in that order shall specify the method by which the by-law, giving effect, by virtue of subclause (7), to the terms of the order, may be amended, added to or repealed.
The provisions of:
(a) section 130 (subsection (2) (b) and (c) excepted) apply to and in respect of an order under subclause (5) in the same way as they apply to an order under Division 4 of Part 5 (section 117 excepted), and
(b) section 141 (subsections (3) and (4) excepted) apply to the recording of an order under subclause (5) in the same way as they apply to the recording of an order referred to in that section.
An order under subclause (5), when recorded under section 141, has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law.
Notwithstanding section 58, a by-law:
(a) made pursuant to a requisition under subclause (1), or
(b) giving effect, by virtue of subclause (7), to the terms of an order under subclause (5),
may be amended, added to or repealed in such manner as may be specified in that by-law.
A by-law:
(a) made under subclause (1), or
(b) giving effect, by virtue of subclause (7), to the terms of an order under subclause (5),
being a by-law expressed to be for the benefit of a specified derived lot, shall while it remains in force enure as appurtenant to, and for the benefit of, that lot.
Subject to subclause (8), a by-law:
(a) made under subclause (1), or
(b) giving effect, by virtue of subclause (7), to the terms of an order under subclause (5),
shall be deemed, for the purposes of this Act, to be a by-law referred to in section 58 (7).
Any contribution levied under the former Act by a body corporate and unpaid at the appointed day may be recovered by the body corporate, and as on and from the appointed day bears interest, as if it were a contribution levied under this Act.
Any determination made under the former Act by a body corporate specifying amounts to be raised by regular periodic contributions shall be deemed to be a determination made under section 68 (1) (j) of the kind referred to in section 68 (4).
In relation to a body corporate continued by the operation of clause 4, section 68 (1) (e) shall be deemed to be amended by inserting after the matter “Division 5” the words “, as notified by clause 25 of Schedule 4”.
A body corporate continued by the operation of clause 4 shall, for the purposes of the strata scheme concerned, cause to be retained, until the expiration of the prescribed period, any records, minutes of meetings, notices and books of account kept or received by it before the appointed day and in its custody or under its control on that day and upon application under section 70 (1) made in respect of a lot the subject of the strata scheme concerned shall make those records, minutes, notices and books available for inspection by the applicant or his agent at a time and place ascertained in accordance with section 70 (1) (b).
Section 70 (2) applies to the making of an inspection referred to in subclause (1) in the same way as it applies to the making of an inspection referred to in section 70 (1) (b).
Where a determination made under section 15 (2) (b) of the former Act by a body corporate continued by the operation of clause 4 was in force immediately before the appointed day, that determination shall be deemed to be the determination required under section 68 (1) (j) to be made by that body corporate.
Where a fund was, immediately before the appointed day, kept under section 15 (2) (a) of the former Act by a body corporate continued by the operation of clause 4 that fund shall, on the appointed day, be deemed to be the fund required under section 68 (1) (l) to be established by that body corporate.
In relation to a body corporate continued by the operation of clause 4 which had not, before the appointed day, made a determination under section 15 (2) (b) of the former Act:
(a) section 68 (1) (j) shall be deemed to be amended by omitting the words “seven days after the constitution of the body corporate” and by inserting instead the words “three months after the appointed day”, and
(b) section 68 (1) (l) shall be deemed to be amended by inserting after the matter “paragraph (j)” the words “, as deemed to be amended by clause 19 (3) (a) of Schedule 4”.
In relation to a body corporate continued by the operation of clause 4 which had, before the appointed day, made a determination under section 15 (2) (b) of the former Act but had not before that day established a fund under section 15 (2) (a) of the former Act, section 68 (1) (l) shall be deemed to be amended by omitting the words “upon determining the amounts referred to in paragraph (j)” and by inserting instead the words “upon receiving any amounts raised pursuant to a determination referred to in clause 19 (1) of Schedule 4”.
In relation to a body corporate continued by the operation of clause 4:
(a) section 68 (1) (k) shall be deemed to be amended by omitting the words “one month after the constitution of the council or one year after the constitution of the body corporate, whichever first happens” and by inserting instead the words “three months after the appointed day”,
(b) section 68 (1) (m) shall be deemed to be amended by inserting after the matter “paragraph (k)” the words “, as deemed to be amended by clause 19 (5) (a) of Schedule 4”.
Until a body corporate continued by the operation of clause 4 establishes its sinking fund:
(a) it may disburse the moneys in its administrative fund for the purpose of meeting its liabilities referred to in section 68 (1) (j) or (k), and
(b) section 68 (2) does not apply to that body corporate.
Upon the establishment of its sinking fund a body corporate continued by the operation of clause 4 shall:
(a) determine what part of its administrative fund should be allocated for the purpose of meeting its actual or expected liabilities referred to in section 68 (1) (k), and
(b) notwithstanding section 68 (2), transfer the amount so determined to its sinking fund.
Where the initial period in relation to a body corporate continued by the operation of clause 4 has not expired, the original proprietor in relation to the strata scheme concerned may give to the body corporate a notice stating that he is the original proprietor and specifying his name in full and the address for the service of notices on him.
In relation to a body corporate continued by the operation of clause 4, section 69 (3) (b) shall be deemed to be omitted and the following paragraph inserted instead:
the name of, and address for the service of notices on, the original proprietor, as shown in any notice given to the body corporate under clause 20 (1) of Schedule 4.
Where:
(a) a body corporate believes that a person may, under subclause (1), give a notice to it, and
(b) the body corporate has not received that notice,
the body corporate may serve a notice on that person specifying the capacity in which it believes he is entitled to give the notice and requiring him:
(c) to state, within fourteen days, whether or not he is a person entitled to give a notice in that capacity, and
(d) if he is such a person, to furnish that notice.
Where a body corporate has served a notice under subclause (3) on a person who it believes to be a person entitled to give a notice to the body corporate under subclause (1) and that person has not complied with the firstmentioned notice, that person is not entitled to cast a vote at any meeting of the body corporate until he has complied with the firstmentioned notice.
A notice given under section 26 (2) of the former Act before the appointed day by a mortgagee to a body corporate shall, for the purpose of the making by the body corporate of a recording under section 69 (3) (c) of the name of the mortgagee of the lot specified in the notice, be deemed to be a notice given to that body corporate under section 81 (3) and for the purpose of completing the recording in the strata roll required by section 69 (3) (c):
(a) the address, if any, specified in the notice as the address of the mortgagee shall be deemed to be the address for the service of notices on the mortgagee shown in a notice given to the body corporate under section 81 (3), and
(b) any other mortgage notice which was given under section 26 (2) of the former Act before the notice firstmentioned in this clause was received by the body corporate shall, subject to any notice given to the body corporate under section 81 (3), be deemed to be a mortgage specified in that firstmentioned notice as having priority over the mortgage specified in that firstmentioned notice.
Any notice given before the appointed day by a mortgagor of a former lot to a body corporate, being a notice of the discharge of a mortgage notice of which had been given to the body corporate under section 26 (2) of the former Act, shall, for the purpose of the making under section 69 (3) (d) by the body corporate of a recording of the discharge of that mortgage, be deemed to be a notice given to that body corporate under section 81 (4).
For the purposes of section 70 (1) (c), any contribution levied under the former Act by a body corporate and unpaid before the appointed day shall:
(a) if levied pursuant to a determination specifying amounts to be raised by regular periodic contributions, be deemed to be a contribution determined under section 68 (1) (j), or
(b) except as provided in paragraph (a), be deemed to be a contribution determined under section 68 (1) (k).
The council constituted under the former Act of a body corporate continued by the operation of clause 4 shall, subject to this Act, be, on and from the appointed day, the council of that body corporate.
A person who is a member of a council of a body corporate referred to in subclause (1) shall, for the purposes of section 72 (1), be deemed to have been elected as a member of that council if he was elected as a member of the council of the body corporate constituted under the former Act.
Section 73 (1) shall, in relation to a council referred to in subclause (1), be deemed to be amended by omitting therefrom the words “they assume office as such members” and by inserting instead the words “the appointed day”.
(Repealed)
Section 81 extends to authorising the giving by any person to a body corporate continued by the operation of clause 4 of a notice after the occurrence of any event specified in that section notwithstanding that that event occurred before the appointed day.
Section 83 does not apply to or in respect of a body corporate continued by the operation of clause 4, which has in force on the appointed day a policy of insurance expiring not later than one year after the appointed day and effected by it in accordance with section 15 (1) (a) of the former Act, until the expiry of that policy.
Section 84 (1) (a) does not apply to or in respect of a body corporate continued by the operation of clause 4, which has in force on the appointed day a policy of insurance expiring not later than one year after the appointed day and effected by it in accordance with section 15 (1) (b) of the former Act, until the expiry of that policy.
Sections 85 (2) and 88 apply to and in respect of a policy of insurance entered into in accordance with the former Act before the appointed day between a body corporate continued by the operation of clause 4 and an insurer in the same way as those sections apply to and in respect of a contract of insurance entered into between a body corporate and an insurer pursuant to Division 5 of Part 4.
Notwithstanding the repeal of the former Act, section 17 of the former Act continues to apply to and in respect of a policy of insurance referred to in that section entered into before the appointed day until the expiry of that policy as if this Act had not been enacted.
A valuation of a former parcel made by a valuing authority within the meaning of section 21 of the former Act in accordance with section 21 (2) (a) of the former Act and in force immediately before the appointed day shall, for the purposes of this Act, be deemed to be a valuation made in accordance with section 90 (1) by that valuing authority.
In relation to a parcel to which the provisions of this Act apply by reason of clause 6 and which corresponds to a former parcel a valuation of which had not, at the appointed day, been made in accordance with section 21 (2) (a) of the former Act, section 90 (2) shall be deemed to be amended by omitting therefrom the words “the registration of a strata plan” and by inserting instead the words “the appointed day”.
Except where the Registrar-General furnishes particulars under section 49 (3) of the unit entitlements of the lots the subject of a strata scheme to which the provisions of this Act apply by reason of clause 6, the particulars of the unit entitlements of any former lots shown on a certified copy of the strata plan referred to in section 21 (3) of the former Act or on any amendment of that plan and furnished to any authority referred to in section 21 (3) of the former Act shall for the purposes of section 91 be deemed to be particulars furnished to that authority under section 49 (3) of the unit entitlements of the derived lots that correspond to those former lots.
In relation to a lot comprised in a parcel referred to in clause 26 (2), section 92 (2) (c) shall be deemed to be amended by inserting after the figures “90” the words “, as deemed to be amended by clause 26 (2) of Schedule 4”.
In relation to a strata scheme to which the provisions of this Act apply by reason of clause 6, section 119 shall be deemed to be amended by omitting the words “the strata plan was registered or at the time any strata plan of subdivision was registered, as the case may be” and by inserting instead the words “the strata plan, or strata plan of resubdivision, within the meaning of the former Act, as the case may be, was registered under the former Act”.
Any proceedings under section 19 (1) of the former Act which were pending before the Supreme Court immediately before the appointed day may be continued and completed as if they were proceedings under section 51.
Any declaration made under section 19 (1) (b) of the former Act before the appointed day shall, notwithstanding the repeal of the former Act, continue to operate and shall have the same force and effect as if this Act had not been enacted.
Any proceedings for an order referred to in section 19 (3) of the former Act which were pending before the Supreme Court immediately before the appointed day may be continued and completed as if they were proceedings under section 50.
Any order made under section 19 (3) of the former Act before the appointed day shall, notwithstanding the repeal of the former Act, continue to operate and shall, subject to subclause (5), have the same force and effect as if this Act had not been enacted.
An order referred to in section 19 (3) of the former Act may be varied in the same way as if it were an order made under section 50 (4).
Notwithstanding the repeal of the former Act, section 11 of the former Act and the regulations made under that section continue to apply to and in respect of a building which was destroyed under the former Act and the parcel on which that building was situated.
A person who, immediately before the appointed day, held office as an administrator under section 23 of the former Act shall, notwithstanding the repeal of the former Act, continue to have the powers and duties he had, as the holder of that office, immediately before the appointed day.
The provisions of section 23 of the former Act continue to apply to and in respect of a person holding office as referred to in subclause (1) notwithstanding the repeal of the former Act.
Where immediately before the appointed day an application under section 23 (1) of the former Act was pending, the Supreme Court shall remit the application to such Board as it thinks fit on such terms and conditions (including terms and conditions relating to the payment of the costs of the application up to the date of the remittal) as it thinks fit and any application so remitted shall be deemed to be an application capable of being made under section 127.
A body corporate may recover any amount referred to in section 16 (2) of the former Act paid by it, whether before or after the appointed day, as if section 16 (3) of the former Act had not been repealed by this Act.
Where at the expiration of a period of three months after the appointed day:
(a) the by-laws in force in respect of a scheme to which the provisions of this Act apply by reason of clause 6 prohibit the proprietor or occupier of a lot from keeping any animal upon his lot or the common property without the approval in writing of the body corporate, and
(b) the proprietor or occupier of any lot the subject of that scheme was keeping an animal on that lot or the common property and had not before the expiration of that period been given a notice by the council requiring him not so to keep that animal,
the body corporate shall be deemed to have given its approval under the by-laws referred to in paragraph (a) to the keeping of that animal on that lot or the common property, as the case may be.
The Governor may, for the purposes of bringing lots, common property, bodies corporate and councils, within the meaning of the former Act, under the provisions of this Act and applying the provisions of this Act, with or without modifications, additions or exclusions to or in respect of any such lots, common property, bodies corporate or councils, and for any purposes incidental thereto, make regulations containing such transitional, consequential or savings provisions as to the Governor may appear to be necessary or expedient.
A regulation made under this clause may make provisions which differ in their application according to such factors as may be specified in the regulation.
Section 39 (1) (b) of the Interpretation Act 1987 does not apply to a regulation made under this clause.
Regulations made under this clause before the appointed day shall take effect on the appointed day or on some later day specified in the regulations.
Regulations made under this clause after the appointed day shall take effect on the day of publication or on some other day specified in the regulations, being a day before or after the day of publication, but not earlier than the appointed day.
The Acts Reprinting Act 1972 does not apply to or in respect of any modifications, additions or exclusions referred to in subclause (1).
In this Part,
An order that exempted a body corporate from any requirement of section 83 immediately before the substitution of that section by the amending Act is, on that substitution:
(a) taken to have been made under that section, as so substituted, and
(b) taken to exempt the body corporate from the corresponding requirement of that section, as so substituted.
An order that was in force under Part 5 immediately before the commencement of any amendment of that Part made by the amending Act is, on the commencement of the amendment, taken to have been made under that Part, as so amended.
An application for an order under Part 5 that was pending immediately before the commencement of any such amendment is, on the commencement of the amendment, taken to have been made under that Part, as so amended.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Strata Titles (Staged Development) Amendment Act 1993.
Such a provision may, if the regulations so provide, take effect on the date of assent to that Act or on a later date.
To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of that publication.
The amendments made to this Act by the Strata Titles (Staged Development) Amendment Act 1993 do not apply to a development scheme provided for, and represented by, a development statement:
(a) that was certified under section 28A (4) before 1 January 1995, or
(b) that, not needing to be so certified, was duly lodged for registration before 1 January 1995.
The amendments made to the Land and Environment Court Act 1979 by the Strata Titles (Staged Development) Amendment Act 1993 do not apply to any proceedings:
(a) that are commenced after 1 January 1995 in the Land and Environment Court, and
(b) that relate to any such development scheme or development statement.
The amendments made to the Land and Environment Court Act 1979 by the Strata Titles (Staged Development) Amendment Act 1993 do not apply to any proceedings that are pending at 1 January 1995 in the Land and Environment Court under:
• this Act,
• the Strata Titles (Leasehold) Act 1986, or
• the Community Land Management Act 1989.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Strata Schemes Legislation Amendment (Strata Approvals) Act 1999.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
The amendments made to this Act by the Strata Schemes Legislation Amendment (Strata Approvals) Act 1999 do not apply to any proposed strata plan, strata plan of subdivision or notice of conversion in respect of which an application for development consent was lodged before the commencement of this clause.
For the purposes of satisfying section 37 (1) (a) (i), as amended by the Strata Schemes Legislation Amendment (Strata Approvals) Act 1999, it is sufficient if the provisions of that subparagraph as in force immediately before that amendment are satisfied in respect of a building.
A reference in any Act (other than in this clause) or in any instrument made under any Act or in any instrument of any kind to:
(a) an approval under section 37, or
(b) a certificate of approval under section 37,
is to be read as a reference to a strata certificate issued under section 37 or 37A.
In this Part:
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act, but only in relation to amendments made to this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the amending Act or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
A certificate duly given by a registered surveyor under section 8 (2) (c), 8A (3) (b) or 9 (3) (c) before the amendment of Schedule 1A by the amending Act is taken to have been duly given under that provision despite that amendment.
The amendments made to this Act by the amending Act do not apply to a strata development contract or strata management statement registered before the commencement of this clause.
A transfer or other dealing pursuant to a unanimous resolution passed before the commencement of an amendment made by the amending Act to section 19, 25, 26, 27 or 28 is authorised to be carried out after the commencement as if that section had not been amended.
Division 4 of Part 2, as amended by the Environmental Planning Legislation Amendment Act 2006, does not apply to or in respect of an application for a strata certificate made, but not determined, before the commencement of Schedule 3.3 to that Act and that Division, as in force immediately before that commencement, continues to apply to and in respect of any such application.
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