Strata Titles (Registration of Plans) Amendment Act 1989 (NSW)

STRATA TITL ES (R E G IST R A T IO N O F PLANS) A M EN D M EN T

ACT 1989 No. 173

NEW SOUTH WALES

TABLE OF PROVISIONS

1.     Short title

2. Commencement

3.     Meaning of "Principal Act'

4.     Amendment of Strata Titles Act 1973 No. 68

5. Transitional provision

SCHEDULE 1 - AMENDMENTS RELATING TO COUNCIL

REQUIREMENTS

SCHEDULE 2 - AMENDMENTS RELATING TO ENCROACHMENTS

STRA TA TITLES (R E G IST R A T IO N O F PLANS) A M END M EN T

ACT 1989 No. 173

NEW SOUTH WALES

Act No. 173, 1989

An Act to amend the Strata Titles Act 1973 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]

S«e also Strata Title* (Leaiettald) (Regiatration of Plana) Amendment Act 1989.

Strata Titles (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 (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 Act 1973 is referred to in this Act as the

Principal Act

Amendment of Strata Titles Act 1973 No. 68

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 37 (Approval of proposed strata plans, certain subdivisions and conversions of lots into common property):

(a)

Section 37 (1) (b) (i):

After "that Act;", insert "and".

Act No, 173

Strata Titles (Re^stration o f Plans) Amendment 1989

SCHEDULE 1 - AMENDMENTS RELATING TO COUNCIL

REQUIREMENTS - continued

(b) At the end of section 37 (1) (b) (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 (IB); 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.

(c) After section 37 (lA), insert

(IB) For the purposes of subsection (1) (b) (iv), the provisions referred to in this subsection are:

(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 191^, 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.

(d)

Section 37 (3) (c);

Omit "(1) (b)" where firstly occurring, insert instead "(1)

(b) (i), (ii) and (iii)".

Strata Titles (Re^stration o f Mans) Amendment 1989

SCHEDULE 1 - AMENDMENTS RELATING TO COUNCIL

REQUIREMENTS - continued

(e)

Section 37 (4) (b): (b) (i), (ii) and (iii)".

SCHEDULE 2 - AMENDMENTS RELATING

TO ENCROACHMENTS

(Sec. 4)

(1) Section 8 (Registration of strata plans);

(a)

Section 8 (1) (f) (iv): guttering encroach on land other than a public place, that an appropriate easement exists", insert instead "that is an encroachment referred to in section 38 or an encroachment by the building on to land other than a public place".

(b) After section 8 (1), insert

(lA ) If the certificate referred to in subsection (1) (f) 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 88B of the Conveyancing Act 1919 on registration of the plan.

(c) After section 8 (4), insert

(5) If an encroachment referred to in subsection (1) (f) (iv) 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

Act No, 173

Strata Titles ( Re^stration o f Plans) Amendment 1989

SCHEDULE 2 - AMENDMENTS RELATING TO

ENCROACHMENTS - continued

(b) in any other case - as if it were common property.

(2) Section 8A (Subdivision of development lots):

(a)

Section 8A (2) (e) (iv): encroach, or guttering encroaches, on land other than a public place, that an appropriate easement exists", insert irutead "that is an encroachment referred to in section 38 or an encroachment by the building on to land other than a public place".

(b) After section 8A (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:

(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 plaiL

(c) After section 8A (4), insert

(5) 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 9 (Subdivision of lots and common property):
(a)

Section 9 (3) (a): Registrar-General, a location plan".

Strata Titles (Regstration o f Plans) Amendment 1989

SCHEDULE 2 - AMENDMENTS RELATING TO

ENCROACHMENTS - continued

(b)

Section 9 (3) (c) (iv): guttering encroach on land other than a public place, that an appropriate easement exists", insert instead "that is an encroachment referred to in section 38 or an encroachment by the building on to land other than a public place".

(c) After section 9 (3) insert

(3A) If the certificate referred to in subsection (3) (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:

(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 plaa

(d) After section 9 (5), insert

(6) If an encroachment referred to in subsection (3) (c) (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 14 (Alteration of building affecting lot boundary):
(a)

Section 14 (1) (d) (ii): insert instead ”38 or, if any part of the building encroaches".

(b) Omit section 14 (4), insert instead:

(4) If an encroachment referred to in subsection (1) (d)

(ii) is shown on a building alteration plan, the provisions of

Act No, 173

Strata Titles (Registration o f Plans) Amendment 2989

SCHEDULE 2 - AMENDMENTS RELATING TO

ENCROACHMENTS - continued

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 38 (Encroachments):

(a)

Section 38 (1) (a):

After "extent;", insert "and".

(b) Omit section 38 (1) (b).

(c)

Section 38 (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 it were common property.

[AGnister's second reading speech made in -

L e^ ia tive Assembly on 20 September 1989 L e^ ia tive Council on IS November 19S9\