Strata Titles (Leasehold) (Registration of Plans) Amendment Act 1989 (NSW)
STRATA TITLES (LEASEHOLD) (REGISTRATION OF PLANS)
AMENDMENT ACT 1989 N a 174
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Meaning of "Principal Act"
4. Amendment of Strata Titles (Leasehold) Act 1986 No. 219
5. Transitional provision
SCHEDULE 1 - AMENDMENTS RELATING TO COUNCIL
REQUIREMENTS
SCHEDULE 2 - AMENDMENTS RELATING TO ENCROACHMENTS
STRATA TITLES (LEASEHOLD) (REGISTRATION OF PLANS)
AMENDMENT ACT 1989 No. 174
NEW SOUTH WALES
Act No. 174, 1989
An Act to amend the Strata Titles (Leasehold) Act 1986 with respect to the registration of plans, including plans of buildings that encroach on other land; and for other purposes. [Assented to 14 December 1989]
Strata Titles ( Leasehold) ( Re^stration o f Plans) Amendment 1989
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Strata Titles (Leasehold)
(Registration of Plans) Amendment Act 1989.
Commencement
2. (1) This Act commences on a day or days to be appointed by
proclamation, except as provided by subsection (2).
(2) Section 5 commences on the date of assent.
Meaning of "Principal Act"
3. The Strata Titles (Leasehold) Act 1986 is referred to in this Act
as the Principal Act
Amendment of Strata Titles (Leasehold) Act 1986 No. 219
4. The Principal Act is amended as set out in Schedules 1 and 2.
Transitional provision
5. An amendment of the Principal Act does not apply in relation
to a plan lodged for registration under the Principal Act before the
commencement of the amendment
SCHEDULE 1 - AMENDMENTS RELATING TO COUNCIL
REQUIREMENTS
(Sec. 4)
Section 66 (Approval of proposed strata plans, certain subdivisions and conversions of lots into common property (1973 Act, s. 37)):
| (a) | Section 66 (1) (b) (i): After "that Act;", insert "and". |
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Strata Titles (Leasehold) (Re§stration o f Plans) Amendment 1989
SCHEDULE 1 - AMENDMENTS RELATING TO COUNCIL
REQUIREMENTS - continued
| (b) | Section 66 (l)(b )(iii) : Omit "or" where secondly occurring, insert instead "and". |
| (c) | After section 66 (1) (b) (iii), insert |
(iv) the land proposed to be subdivided is not the subject of any outstanding order, requirement or notice made or given under a provision referred to in subsection (lA); and
(v) if the local council has made an order under section 317D of the Local Government Act 1919 in relation to the land proposed to be subdivided - the order has been complied with or an objection to the order has been made under section 317F of that Act and the Land and Environment Court has refused to confirm the order, or
| (d) | Section 66 (1) (c) (i): After "that Act;", insert "and". |
(e) At the end of section 66 (1) (c) (iii), insert
; and
(iv) the land proposed to be subdivided is not the subject of any outstanding order, requirement or notice made or given under a provision referred to in subsection (lA); and
(v) if the local council has made an order under section 317D of the Local Go-remment Act 1919 in relation to the land proposed to be subdivided - the order has been complied with or an objection to the order has been made under section 317F of that Act and the Land and Environment Court has refused to confirm the order.
| (f) | After section 66 (1), insert |
(1 A) For the purposes of subsection (1) (b) (iv) and (c) (iv), the provisions referred to in this subsection are:
Strata Titles ( Leasehold) (Re^stration o f Plans) Amendment 1989
SCHEDULE 1 - AMENDMENTS RELATING TO COUNCIL
REQUIREMENTS - continued
| (a) | section 61 (3) and (4), and section 65, of the Public Health Act 1902; and |
| (b) | section 281 (1) (a) and (b) of the Local Government Act 1919; and |
| (c) | section 281 (2) (a), (d), (j), (k) and (n) of the Local Government Act 1919, and |
| (d) | section 281 (3) (a), (b) and (c) of the Local Government Act 1919; and |
| (e) | section 317B of the Local Government Act 1919; and |
| (f) | provisions of the ordinances made under the Local Government Act 1919 that are prescribed by regulations made for the purposes of this subsection. |
| (g) |
Section 66 (4) (c): and (iii) or subsection (1) (c) (i), (ii) and (iii)".
| (h) |
Section 66 (5) (b): or (iii) and subsection (1) (c) (i), (ii) and (iii)".
SCHEDULE 2 - AMENDMENTS RELATING TO
ENCROACHMENTS
(Sec. 4)
| (1) | Section 7 (Registration of strata plans (1973 Act, s. 8)); |
|
Section 7 (2) (d), (e) (ii), (iii): encroach, or guttering encroaches, on land other than a public place, that an appropriate easement exists" wherever occurring, insert instead "that is an encroachment referred to in section 67 or an encroachment by the building on to land other than a public place".
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Strata Titles (Leasehold) (Re^stmdon o f Plans) Amendment 1989
SCHEDULE 2 - AMENDMENTS RELATING TO
ENCROACHMENTS - continued
(b) After section 7 (2), insert
(2A) If the certificate referred to in subsection (2) states that there is an encroachment on land other than a public place, the strata plan must not be registered unless the certificate also states:
(a) that an appropriate easement exists; or
| (b) | that it is intended to create an appropriate easement in accordance with section of the Conveyancing Act 1919 on registration of the plan. |
(c) After section 7 (9), insert
(10) If an encroachment referred to in subsection (2) (d), or subsection (2) (e) (ii) or (iii), on land other than a public place is shown on a proposed strata 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. |
| (2) | Section 10 (Subdivision of development lots (1973 Act, s. 8A)): |
|
Section 10 (2) (e) (iv): encroach, or guttering encroaches, on land other than a public place, that an appropriate easement exists", insert instead "that is an encroachment referred to in section 67 or an encroachment by the building on to land other than a public place".
(b) After section 10 (2), insert
(2A) If the certificate referred to in subsection (2) (e) states that there is an encroachment on land other than a public place, the strata plan of subdivision must not be registered unless the certificate also states:
Strata Titles ( Leasehold) ( Re^straTion o f Plans) Amendment 7989
SCHEDULE 2 - AMENDMENTS RELATING TO
ENCROACHMENTS - continued
(a) that an appropriate easement exists; or
| (b) | that it is intended to create an appropriate easement in accordance with section 88B of the Conveyancing Act 1919 on registration of the plan. |
(c) After section 10 (5), insert
(6) If an encroachment referred to in subsection (2) (e) (iv) on land other than a public place is shown on a proposed strata plan of subdivision, 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. |
(3) Section 11 (Subdivision of lots and common property (1973
Act, s. 9)):
(a) Section 11 (2) (a):
| After "plan", insert "and, if | required | by | the |
| Registrar-General, a location plan", |
| (b) |
Section 11 (2) (c) (iv): encroach, or guttering encroaches, on land other than a public place, that an appropriate easement exists", insert instead "that is an encroachment referred to in section 67 or an encroachment by the building on to land other than a public place".
(c) After section 11 (2), insert
(2A) If the certificate referred to in subsection (2) (c) states that there is an encroachment on land other than a public place, the strata plan of subdivision must not be registered unless the certificate also states;
Act No. 174
Strata Titles (Leasehold) (Re^stration o f Plans) Amendment 1989
SCHEDULE 2 - AMENDMENTS RELATING TO
ENCROACHMENTS - continued
(a) that an appropriate easement exists; or
| (b) | that it is intended to create an appropriate easement in accordance with section 88B of the Conveyancing Act 1919 on registration of the plan. |
(d) After section 11 (5), insert
(6) If an encroachment referred to in subsection (2) (e) (iv) on land other than a public place is shown on a strata plan of subdivision, 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. |
| (4) | Section 17 (Alteration of building affecting lot boundary (1973 Act, s. 14)): |
|
Section 17 ( l) (d )( ii) ; encroaches,", insert instead "67 or, if any part of the building encroaches".
(b) Omit section 17 (4), insert instead:
(4) If an encroachment referred to in subsection (1) (d) (ii) is shown in 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. |
(5) Section 67 (Encroachments (1973 Act, s. 38)):
(a) Section 67 (1) (a):
Strata Titles ( Leasehold) ( Re^stration o f Plans) Amendmeru 1989
SCHEDULE 2 - AMENDMENTS RELATING TO
ENCROACHMENTS - continued
After "extent;", insert "and".
(b) Omit section 67 (1) (b).
| (c) |
Section 67 (2) (b): property.", insert instead:
apply:
(i) in the case of so much of the encroachment as is designated on the plan for use with a lot - as if it were part of the lot; or
(ii) in any other case - as if were common property.
[M nistefs second reading speech made in •
Legislative Assembly on 20 September 1989 Legislative Council on IS November 1989\
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