Water Regulations Amendment (Community Titles) Regulations 2021 (WA)

211 GOVERNMENT GAZETTE, WA 18 June 2021

LA309

Water Services Act 2012

Water Regulations Amendment (Community

Titles) Regulations 2021

SL 2021/79

Made by the Governor in Executive Council.

Part 1 - Preliminary

1.           Citation

Th ese regulations are the Water Regulations Amendment
(Community Titles) Regulations 2021.

2.           Commencement

These regulations come into operation as follows -

(a)	Part 1 - on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day on which the Community Titles Act 2018 section 187 comes into operation.

Part 2 - Water Services Regulations 2013 amended

3.            Regulations amended

This Part amends the Water Services Regulations 2013.

community corporation has the meaning given in the
Community Titles Act 2018 section 3(1);
community titles (building) scheme has the meaning
given in the Community Titles Act 2018 section 11(7);
community titles (land) scheme has the meaning given
in the Community Titles Act 2018 section 11(8);
community titles scheme has the meaning given in the
Community Titles Act 2018 section 3(1);
lot in a strata scheme has the meaning given in the
Strata Titles Act 1985 section 3(1);

4.            Regulation 3 amended

(1)	In regulation 3(1) delete the definition of unit.
(2)	In regulation 3(1) insert in alphabetical order:

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lot in a survey strata-scheme has the meaning given in
the Strata Titles Act 1985 section 3(1);

unit includes the following -

(a)	a lot in a strata scheme;
(b)	a lot in a survey-strata scheme;
(c)	a lot in a community titles (building) scheme;
(d)	a lot in a community titles (land) scheme;

5.            Regulation 23 amended

In regulation 23(1):

(a)	in paragraph (b) delete "scheme." and insert: scheme; or
(b)	after paragraph (b) insert:
(c) if the multi-unit development is a community titles scheme - the community corporation for the scheme.

6.           Regulation 28B amended

(1)	In regulation 28B delete the definitions of:
lot vacant lot
(2)	In regulation 28B insert in alphabetical order:

lot does not include the following -

(a)	a lot in a strata scheme, unless the lot is a
vacant lot as defined in the Strata Titles
Act 1985 section 3(1);
(b)	a lot in a community titles (building) scheme, unless the lot is a vacant lot as defined in the Community Titles Regulations 2021 regulation 57(1);

(3)	In regulation 28B in the definition of subdivided lot paragraph (e)(ii) delete "units;" and insert:
units.

216 GOVERNMENT GAZETTE, WA IS June 2021

Part 3 Water Services (Water Corporations ('haiges,

Regulations 2014 amended

7.           Regulations amended

This Part amends the Water Services (Water Corporations
Charges) Regulations 2014.

8.            Regulation 6 amended

In regulation 6 delete the definition of lot and insert:

lot -

(a)	has the meaning given in the Planning and Development Act 2005 section 4(1); and
(b)	includes the following -

(i)     a lot in a strata scheme or a lot in a survey-strata scheme, as those terms are defined in the Strata Titles Act 1985 section 3(1);

(ii)     an area shown as common property on the scheme plan for a survey-strata scheme, as those terms are defined in the Strata Titles Act 1985 section 3(1);

(iii)    a lot as defined in the Community Titles Act 2018 section 3(1);

(iv)    an area shown as common property on the scheme plan for a community titles (land) scheme, as those terms are

defined in the Community Titles
Act 2018 section 3(1);

9.            Regulation 11 amended

In regulation 11 delete the definition of lot and insert:

lot -

(a)	has the meaning given in the Planning and Development Act 2005 section 4(1); and
(b)	includes the following -

(i)     a lot in a strata scheme or a lot in a survey-strata scheme, as those terms are defined in the Strata Titles Act 1985 section 3(1);

(ii)     an area shown as common property on the scheme plan for a survey-strata scheme, as those terms are defined in the Strata Titles Act 1985 section 3(1);

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(iii)     a lot as defined in the Community Titles Act 2018 section 3(1);

(iv) the scheme plan for a community titles
(land) scheme, as those terms are

an area shown as common property on Act 2018 section 3(1);

10.          Regulation 16 amended

(1)	In regulation 16(1) delete the definition of lot.
(2)	In regulation 16(1) insert in alphabetical order:

community tides scheme lot means -

has the meaning given in the

(a)	a lot in a strata scheme or a lot in a survey-strata scheme, as those terms are defined in the Strata Titles Act 1985 section 3(1); or
(b)	a lot as defined in the Community Titles Act 2018 section 3(1);

scheme plan -

(a)	for a strata titles scheme - has the meaning given in the Strata Titles Act 1985 section 3(1); or
(b)	for a community titles scheme - has the meaning given in the Community Titles Act 2018 section 3(1);

strata tides scheme has the meaning given in the Strata

Titles Act 1985 section 3(1);

11.          Schedule 3 amended

(1)	In Schedule 3 item 6 after "bay," insert:
in a strata titles scheme or a community titles scheme,
(2)	In Schedule 3 item 7(a) delete "lot; and" and insert:
lot in a strata titles scheme or a lot in a community titles scheme; and

2488 GOVERNMENT GAZETTE, WA 18 June 2021

12. Schedule 4 amended

(1) In Schedule 4 item 6 after "bay," insert:

in a strata titles scheme or a Community titles scheme,

(2) In Schedule 4 items 17(e) and 24(e) delete "strata plan" and

insert:

scheme plan for a strata titles scheme or a community titles scheme

13.          Schedule 5 amended

In Schedule 5 item 3 after "bay," insert:

in a strata titles scheme or a community titles scheme,

Notes:

1.  The headings to the amended items listed in the Table are to read as set out in the Table:

Table

Amended item Item heading

Sch. 3 it. 6	Storage units or parking bays in strata titles scheme or community titles scheme
Sch. 3 it. 7	Non-residential lots in strata titles scheme or community titles scheme that share a service
Sch. 4 it. 6	Storage units or parking bays in strata titles scheme or community titles scheme
Sch. 4 it. 17	Certain metropolitan units
Sch. 4 it. 24	Certain non-metropolitan units
Sch. 5 it. 3	Storage units or parking bays in strata titles

scheme or community titles scheme

2.          The headings to the items listed in the Table are to read as set out in the Table:

Table

Item Item heading

Sch. 3 it. 11	Non-residential or commercial residential (except storage units, parking bays and certain lots in strata titles scheme or community titles scheme)
Sch. 5 it. 6	Non-residential (except strata-titled caravan bays and storage units or parking bays in strata titles scheme or community titles scheme)

N. HAGLEY, Clerk of the Executive Council.