Strata Titles General Amendment Regulations 2006 (WA)
2 1 .January 200(3 GOVERNMENT GAZETTE, WA 431 LA301*
Strata Titles Act 1985
Strata Titles General Amendment
Regulations 2006
p. 393, and Gazette 13 May and 24 June 2005.] Made by the Lieutenant-Governor and Administrator in Executive
Council.1. Citation
These regulations are the Strata Titles General Amendment
Regulations 2006.2. The regulations amended
The amendments in these regulations are to the Strata Titles
General Regulations 1996*.[* Reprinted as at 15 November 2002. For amendments to 22 December 2005 see Western
Australian Legislation Information Tables for 2004, Table 4,
| 432 | GOVERNMENT GAZETTE, WA | 24 January 2006 |
3. Heading to Part 2 amended
The heading to Part 2 is amended by deleting "plans" and inserting instead -
44 plans and forms ". 4. Regulation 4 amended
Regulation 4 is amended as follows:
(a) after "A plan" by inserting - " or form "; (b) in paragraph (a) by deleting "drawing"; (c) in paragraph (b) by deleting "the drawing medium;" and inserting instead -
44 any drawing; (d) in paragraph (c) - (i) by deleting "the" at the start of the paragraph:
(ii) after "typewriting" by inserting -
64 on any drawing "; (iii) by deleting "of the drawing medium;" and inserting instead -
" •4-. I'.,
5. Regulation 5 amended
(1)
Regulation 5(1) is amended by deleting "the form of Form I or 2 and must be accompanied by an annexure sheet in the form of Form 8." and inserting instead -
the form approved by the Registrar of Titles. ".
(2) Regulation 5(la) is amended as follows:
(a)
by deleting "be drawn showing -" and inserting instead -
specify - ".
(b)
in paragraph (a) by inserting before "the north point" - " in the case of a drawing ";
(c)
in paragraph (b) by inserting before "the scale" - " in the case of a drawing ";
(d)
in paragraphs (c)(ii)(IV) and (e)(v)(V) by deleting "54 and";
(e) by deleting paragraph (f); (f)
in paragraph (g) by deleting "the correctness of the plan." and inserting instead -
certifying the plan under subregulation (lb). ".
24 January 2006 GOVERNMENT GAZETTE, WA 433 (3) After regulation 5(la) the following subregulation is inserted-
44
(lb) All such plans must be certified by a licensed surveyor in the form of the Table to regulation 54 of the Survey Regulations.
(4) Regulation 5(4) is amended as follows:
(a) after "every plan" by inserting - 46
in the form of a drawing
(b) in the list of ratios by inserting after "1:100" - 44
1:125 ".
(5) Regulation 5(5) is amended as follows:
(a) by deleting "the form of Form 4" and inserting instead - 46
a form approved by the Registrar of Titles
(b)
by deleting ", and if used must comply with these regulations, must be numbered consecutively 'sheet of.....sheets' and all floor plans must be drawn to the same scale and in the same relationship to the borders of the floor plan sheets except where the Registrar of Titles otherwise determines." and inserting instead a full stop.
(6) Regulation 5(6)(b) is amended by inserting after "lot and" -
those areas ".
(7) Regulation 5(8) is repealed.
6. Regulation 8 amended
Regulation 8(1)(b) is amended by deleting "Department of Land
Administration." and inserting instead -44
department principally assisting the Minister in the administration of the Act.
7. Regulation 13 amended
Regulation 13(3) is amended by deleting "so as, in the opinion of the Registrar of Titles, not to be confusing or misleading." and inserting instead -
" in a manner approved by the Registrar of'l'itles. ".
8. Regulation 14L amended
Regulation 14L is amended as follows:
(a) by deleting "the form of Form 34" and inserting
instead -
46
a form approved by the Registrar of Titles ";
| 434 | GOVERNMENT GAZETTE, WA | 24 January 2006 |
(b) in paragraph (a) by deleting "regulation 5(1 )(a), (b), (f) and (g);" and inserting instead - 46
regulation 5(la)(a), (b) and (g);
(c) each of the 6 places where it occurs and inserting
in paragraphs (b) and (c) by deleting "regulation 5(1)" in 46 regulation 5(la) ". 9. Regulation 18 amended
Regulation 18(b) is amended by deleting "Department of Land
Administration." and inserting instead -44
department principally assisting the Minister in
the administration of the Act.
10. Regulation 21 amended
Regulation 21(2)(a) is amended by deleting "of that lot on the plan as previously registered;" and inserting instead -
44
of the land the subject of the application; ".
11. Regulation 25 replaced
Regulation 25 is repealed and the following regulation is inserted instead -
En
25. Period and types of records to be retained under
section 35(1) The prescribed period under section 35(1 )(h) is -
(a) in the case of documents kept under
section 35(1)(h)(ii) to (vii) - a period of
7 years;
(b) in the case of documents kept under
section 35(1)(h)(i) and (viii) and under
subregulation (2)(a) and (b) -(i) a period of 20 years; or
(ii) a period ending when the document has ceased to have effect,
whichever is the longer; or
(c) in the case of documents kept under
subregulation (2)(c) -
(i) if the documents comprise material life of the scheme;
(ii) if the documents comprise material of the same type as documents referred
24 January 2006 GOVERNMENT GAZETTE, WA 435 to in paragraph (a) of this
subregulation - the period referred toin paragraph (a); or
(iii) delivered under section 49(3)(b) and are
if the documents comprise material to in paragraph (b) of this subregulation - the period referred to in paragraph (b).
(2) The prescribed documents under section 35(1 )(h)(ix)
are -
(a) resolutions without dissent; (b) policies of insurance; and (c) material delivered under section 49(3) by an original proprietor to a strata company at its first annual general meeting.
12. Regulation 28 amended
Regulation 28 is amended by deleting S400. and inserting instead -
" $500. ".
13. Regulation 29 amended
Regulation 29 is amended by deleting "$50." and inserting
instead -
" $65. ".14. Regulation 37AA inserted
After regulation 37A the following regulation is inserted -
37AA. Manner of describing boundaries for purposes of
section 3(2)(b)For the purposes of section 3(2)(b), the boundaries of any cubic space referred to in paragraph (a) of the definition of "floor plan" in section 3(1) must be described -
(a) if the cubic space is within a building that is not
part of a single tier scheme -
(i) 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 - by reference to the inner surface of that wall; and
(ii) in the case of a horizontal boundary, where any floor or ceiling joins a
| 436 | GOVERNMENT GAZETTE, WA | 24 January 2006 |
vertical boundary of that cubic space
by reference to the upper surface of that
floor and the under surface of thatceiling;
and
(b) in any other case - in a manner that
unambiguously defines the cubic space and its
location in relation to the relevant building.
15. Regulation 44 amended
Regulation 44 is amended by deleting "$400." and inserting instead -
$500. ".
16. Schedule 1 amended
Schedule 1 item 4 is deleted and the following item is inserted instead -
4 The fees payable to the strata company are -
S
(a) for an application made under
section 43(1)(a) ........................... 10.00
(b)
for the inspection of records under section 43(1)(b) -
(I) by any proprietor or mortgagee who has notified
an interest to the strata
company ............................ Nil
(ii) by any other person 40.00
(c) for a certificate under
section 43(1)(c) and (d) 100.00 (d) for copies provided under
section 43(la) .............................. $40.00 for the first 5 pages and $1.00 for each
subsequent page ,,
17. Schedule 2 amended
Schedule 2 is amended as follows:
(a) by deleting the first item; (b) in the second item by deleting "5A(1)(d)" and inserting instead - 46 5A(d)
(c) by deleting the third item; (d) in the fifth item by deleting "Section 5B(1)(a), 8A(d), SA(e), 22(2)" and inserting instead - 46
Section SA(e), 22(2) ";
24 January 2006 GOVERNMENT GAZETTE, WA 437 (e) in the seventh item -
(i) in the column headed "Section or regulation" by deleting "Regulation 5(la)" and inserting instead -
" Regulation 5(1)
(ii) by deleting everything in the column headed "Number and Description of Form" and inserting instead -
33
Form 8 - Annexure of Strata/Survey Strata Plan No. and Schedule of Encumbrances
(1) by deleting the item beginning "Section 21 I'(l)(b),
Regulation 14L".
18. Schedule 3 amended
(1) Schedule 3 is amended by deleting Forms 1, 2, 4 and 34.
(2) Schedule 3 is amended by deleting Form 6 and inserting
instead -
Form 6
Strata Titles Act 1985
Sections 8A(e), 22(2)
SURVEY-STRATA PLAN No.......
DESCRIPTION OF PARCEL
CERTIFICATE OF LICENSED SURVEYOR
I .......................being a licensed surveyor registered under the Licensed Surveyors Act 1909, certify that the survey-strata
plan which relates to the parcel described above - (a) is a plan of re-subdivision; and (b)
on Survey-strata Plan No.........................
registered in respect of (name of scheme) or sufficiently
complies with that/those by-law(s) in a way that is allowedcomplies with Schedule 1 by-law(s) No(s)............... Regulations 1996.
Date Licensed Surveyor "
(3) Schedule 3 Form 38 is amended as follows:
(a) by deleting paragraphs (a) to (c); (b)
by renumbering paragraphs (d) to (h) as paragraphs (a) to (e) respectively;
| 438 | GOVERNMENT GAZETTE, WA | 21 ,January 200G |
(c) in renumbered paragraph (e), by deleting
"paragraph (g)(ii)" and inserting instead —
" paragraph (d)(ii) ".
By Command of the Lieutenant-Governor and Administrator,
G. M. PIKE, Clerk of the Executive Council.
0
0
0