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STRATA SCHEMES LEGISLATION AMENDMENT BILL 2001





                         New South Wales




Strata Schemes Legislation
Amendment Bill 2001


Contents
                                                                    Page

            1 Name of Act                                             2
            2 Commencement                                            2
            3 Amendment of Acts                                       2


Schedules
            1 Amendment of Strata Schemes (Freehold Development)
              Act 1973                                                3
            2 Amendment of Strata Schemes (Leasehold Development)
              Act 1986                                               12
            3 Amendment of Strata Schemes Management Act 1996        21
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.

                                              Clerk of the Legislative Assembly.
                                              Legislative Assembly,
                                              Sydney,                       , 2001




                              New South Wales


Strata Schemes Legislation
Amendment Bill 2001
Act No     , 2001



An Act to amend the Strata Schemes (Freehold Development) Act 1973 and Strata
Schemes (Leasehold Development) Act 1986 to make further provision with respect
to staged development of strata schemes; to make a consequential amendment to
the Strata Schemes Management Act 1996; and for other purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.


                            Chairman of Committees of the Legislative Assembly.
Clause 1         Strata Schemes Legislation Amendment Bill 2001




The Legislature of New South Wales enacts:

   1     Name of Act
             This Act is the Strata Schemes Legislation Amendment Act 2001.

   2     Commencement
             This Act commences on a day or days to be appointed by
             proclamation.

   3     Amendment of Acts
             Each Act set out in Schedules 1-3 is amended as set out in those
             Schedules.




Page 2
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Freehold Development) Act 1973                  Schedule 1




Schedule 1          Amendment of Strata Schemes (Freehold
                    Development) Act 1973
                                                                                  (Section 3)


 [1]   Section 5 Definitions

       Omit "(not being a lot in a stratum parcel)" from the definition of
       development lot in section 5 (1).

 [2]   Section 5 (1), definition of "non-strata land"

       Insert in alphabetical order:
                    non-strata land means land that is not subject to a strata
                    scheme.

 [3]   Section 5 (1), definition of "public place"

       Insert ", or land that is a public road (within the meaning of the Roads
       Act 1993)" after "Local Government Act 1993".

 [4]   Section 5 (1), definition of "schedule of unit entitlement"

       Omit "paragraph (b)" from paragraph (a) of the definition.
       Insert instead "paragraph (b) and (c)".

 [5]   Section 5(1), definition of "schedule of unit entitlement"

       Insert at the end of the definition:
                             , 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.

 [6]   Section 7 Subdivision

       Insert at the end of section 7 (2B):
                     Note. See section 8A for subdivision of land that is a development lot.


                                                                                      Page 3
                    Strata Schemes Legislation Amendment Bill 2001

Schedule 1          Amendment of Strata Schemes (Freehold Development) Act 1973




 [7]     Section 8 Registration of strata plans

         Insert after section 8 (4A):
             (4AA) 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.

 [8]     Section 8A Subdivision of development lot

         Omit "(which cannot be land within a stratum parcel)" from section 8A (1).

 [9]     Section 9 Subdivision of lots and common property

         Omit "except where the land comprised in the plan is held otherwise than
         by the original proprietor or a certificate under this paragraph or section
         13 (2) (b) or 28 (4) (b) has been previously lodged in the office of the
         Registrar-General,"from section 9 (3) (d).
         Insert instead "in the circumstances set out in subsection (3A)--".

[10]     Section 9 (3A)

         Insert after section 9 (3):
               (3A) 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.

[11]     Section 13 Conversion of lots into common property

         Omit "except where the land to which the notice of conversion relates is
         held otherwise than by the original proprietor or a certificate under this
         paragraph or section 9 (3) (d) or 28 (4) (b) has been previously lodged in the
         office of the Registrar-General,"from section 13 (2) (b).
         Insert instead "in the circumstances set out in subsection (3A)--".


Page 4
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Freehold Development) Act 1973           Schedule 1




[12]   Section 13 (3A)

       Insert after section 13 (3):
             (3A) 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.

[13]   Section 19 Acquisition of additional common property

       Omit "unanimous" wherever occurring from section 19 (2), (3) (b) and (6).
       Insert instead "special".

[14]   Section 25 Transfer or lease of common property

       Omit "unanimous" wherever occurring. Insert instead "special".

[15]   Section 26 Creation or variation of easements, restrictions and positive
       covenants

       Omit "unanimous" wherever occurring. Insert instead "special".

[16]   Section 27 Dedication of common property

       Omit "unanimous" wherever occurring from section 27 (2) and (3) (b).
       Insert instead "special".

[17]   Section 28 Effect of dealings under this Division

       Omit "unanimous" from section 28 (4) (a). Insert instead "special".

[18]   Section 28 (4) (b)

       Insert "where all lots concerned are held by the original proprietor or" after
       "except".




                                                                              Page 5
                   Strata Schemes Legislation Amendment Bill 2001

Schedule 1         Amendment of Strata Schemes (Freehold Development) Act 1973




[19]     Section 28A Explanation of staged development

         Insert "(whether or not the parcel is developed together with development
         of non-strata land adjoining or adjacent to the parcel)" after "scheme" in
         section 28A (1).

[20]     Section 28A (2)

         Insert "of the parcel" after "development" where firstly occurring.

[21]     Section 28A (2), second dot point

         Omit "such lot". Insert instead "development lot".

[22]     Section 28C Form and content of strata development contract

         Insert "and any non-strata land adjoining or adjacent to the parcel that is
         proposed to be developed together with the parcel" after "development lot
         or lots" in section 28C (2) (a).

[23]     Section 28C (2A)

         Insert after section 28C (2):
              (2A) 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.

[24]     Section 28I Effect of strata development contract

         Insert at the end of the section:
                      Note. 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).



Page 6
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Freehold Development) Act 1973           Schedule 1




[25]   Section 28J Amendment of strata development contract

       Insert at the end of section 28J (1):
                            , and
                     (c)    the amendment is not inconsistent with a strata
                            management statement for the strata scheme concerned.

[26]   Section 28Q Conclusion of development scheme

       Insert after section 28Q (4):
               (5) If, after the conclusion of a development scheme, a revised
                   schedule of unit entitlement for a strata scheme is lodged with
                   the Registrar-General in accordance with section 28QAA, the
                   Registrar-General must record it as the schedule of unit
                   entitlement in substitution for the existing schedule of unit
                   entitlement for the scheme.

[27]   Section 28QAA

       Insert after section 28Q:

    28QAA      Revised schedule of unit entitlements
               (1) If, at the conclusion of a development scheme, a body
                   corporate considers that the schedule of unit entitlement in
                   force for the strata scheme concerned does not apportion the
                   unit entitlements so as to reflect the market value of the lots in
                   the strata scheme, the body corporate may lodge a revised
                   schedule of unit entitlement for the strata scheme with the
                   Registrar-General.
               (2) The revised schedule of unit entitlement must be lodged within
                   the period of 2 years after the conclusion of the development
                   scheme.
               (3) A revised schedule of unit entitlement that is lodged with the
                   Registrar-General must:
                   (a)    be in a form approved by the Registrar-General, and
                   (b)    be clearly identified as a revised schedule, and
                   (c)    show, as a whole number apportioned on a market value
                          basis and so as to total the unit entitlements, the unit
                          entitlement of each lot, and

                                                                              Page 7
                   Strata Schemes Legislation Amendment Bill 2001

Schedule 1         Amendment of Strata Schemes (Freehold Development) Act 1973




                      (d)    be accompanied by a certificate signed by a registered
                             valuer certifying that the unit entitlements of the lots are
                             apportioned on a market value basis, and
                      (e)    be accompanied by a certificate under the seal of the
                             body corporate concerned certifying that it has, by
                             special resolution, agreed to the substitution of the
                             existing schedule of unit entitlements with the revised
                             schedule.
                (4) In this section:
                    registered valuer means a practising real estate valuer
                    registered under the Valuers Registration Act 1975.

[28]     Section 28R Requirement for strata management statement

         Insert after section 28R (2) (a):
                      (ab)   if:
                             (i)     the plan relates to part of a building that
                                     includes one or more stratum parcels, and
                             (ii)    a strata management statement has already been
                                     registered for the building and the site
                                     concerned, or

[29]     Section 28W Effect of strata management statement

         Insert after section 28W (6):
              (6A) Without limiting subsection (6), a provision of a strata
                   development contract relating to a strata scheme is void to the
                   extent (if any) that it is inconsistent with any provision of a
                   strata management statement relating to that scheme.

[30]     Section 43 Registrar-General's power to adjust unit entitlements

         Insert "or on a revised schedule of unit entitlements lodged under section
         28QAA" after "for registration" in section 43 (1).

[31]     Section 43 (2)

         Insert "or revised schedule of unit entitlements recorded under section
         28QAA" after "common property".



Page 8
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Freehold Development) Act 1973               Schedule 1




[32]   Section 158 Regulations--general

       Insert "and the supply by that office of copies of registered or other plans
       and documents" after "documents" in section 158 (1) (d).

[33]   Schedule 1A Requirements for strata plans

       Omit clause 5.

[34]   Schedule 1BA Covenants implied in strata development contracts

       Insert at the end of clause 3:
                            , and
                     ·      for any amounts due under the strata management
                            statement that are connected with the carrying out of the
                            permitted development.

[35]   Schedule 1BA, clause 6

       Insert "or any part of the building and its site that is not subject to the strata
       scheme" after "common property".

[36]   Schedule 1BA, clause 7

       Insert "or any part of the building and its site that is not subject to the strata
       scheme" after "development lot".

[37]   Schedule 1BA, clause 8

       Insert ", or the building or site," after "parcel" where firstly occurring.

[38]   Schedule 1BA, clause 8, first dot point

       Insert "or other occupiers of a building of which the development lot forms
       part" after "parcel".

[39]   Schedule 1BA, clause 8, second dot point

       Insert ", or such other parts of the building and its site," after "parcel".




                                                                                  Page 9
                    Strata Schemes Legislation Amendment Bill 2001

Schedule 1          Amendment of Strata Schemes (Freehold Development) Act 1973




[40]   Schedule 4 Transitional and savings provisions

       Insert after Part 4:


       Part 5 Transitional provisions relating to the Strata
              Schemes Legislation Amendment Act 2001
             1   Definition
                      In this Part:
                      amending Act means the Strata Schemes Legislation
                      Amendment Act 2001.

             2   Regulations
                 (1) 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.
                 (2) Any such provision may, if the regulations so provide, take
                     effect from the date of assent to the amending Act or a later
                     date.
                 (3) 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.

             3   Surveyors certificates
                      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.




Page 10
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Freehold Development) Act 1973           Schedule 1




           4   Transitional arrangements for certain staged development
                     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.

           5   Transfer or lease of common property and creation of variation
               of easements, restrictions and positive covenants
                     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.




                                                                            Page 11
                 Strata Schemes Legislation Amendment Bill 2001

Schedule 2       Amendment of Strata Schemes (Leasehold Development) Act 1986




Schedule 2         Amendment of Strata Schemes (Leasehold
                   Development) Act 1986
                                                                                 (Section 3)


 [1]   Section 4 Definitions

       Omit "(not being a lot in a stratum parcel)" from the definition of
       development lot in section 4 (1).

 [2]   Section 4 (1), definition of "non-strata land"

       Insert in alphabetical order:
                    non-strata land means land that is not subject to a strata
                    scheme.

 [3]   Section 4 (1), definition of "public place"

       Insert ", or land that is a public road (within the meaning of the Roads
       Act 1993)" after "Local Government Act 1993".

 [4]   Section 4 (1), definition of "schedule of unit entitlement"

       Omit "paragraph (b)" from paragraph (a) of the definition.
       Insert instead "paragraph (b) and (c)".

 [5]   Section 4(1), definition of "schedule of unit entitlement"

       Insert at the end of the definition:
                            , or
                    (c)     if a revised schedule of unit entitlement has been
                            recorded under section 57 (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.

 [6]   Section 6 Subdivision

       Insert at the end of section 6 (3A):
                    Note. See section 10 for subdivision of land that is a development lot.


Page 12
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Leasehold Development) Act 1986            Schedule 2




 [7]   Section 7 Registration of strata plans

       Insert after section 7 (2CA):
          (2CAA) 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 57AAA.

 [8]   Section 10 Subdivision of development lot

       Omit "(which cannot be land within a stratum parcel)" from section 10 (1).

 [9]   Section 11 Subdivision of lots and common property

       Omit "except where the land comprised in the plan is held otherwise than
       by the original lessee (if any) or a certificate under this paragraph or section
       16 (2) (b) or 32 (4) (b) has been previously lodged in the office of the
       Registrar-General," from section 11 (2) (d).
       Insert instead "in the circumstances set out in subsection (2A)--".

[10]   Section 11 (2A)

       Insert after section 11 (2):
             (2A) 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
                          lessee (not being an original lessee who holds all lots
                          forming part of the parcel to which the strata scheme
                          concerned relates), and
                  (b)     a certificate under subsection (2) (d) or section
                          16 (2) (b) or 32 (4) (b) has not previously been lodged
                          in the office of the Registrar-General.

[11]   Section 16 Conversion of lots into common property

       Omit "except where the land to which the notice of conversion relates is
       held otherwise than by the original lessee (if any) or a certificate under this
       paragraph or section 11 (2) (d) or 32 (4) (b) has been previously lodged in
       the office of the Registrar-General," from section 16 (2) (b).
       Insert instead "in the circumstances set out in subsection (2A)--".


                                                                               Page 13
                  Strata Schemes Legislation Amendment Bill 2001

Schedule 2        Amendment of Strata Schemes (Leasehold Development) Act 1986




[12]   Section 16 (2A)

       Insert after section 16 (2):
             (2A) 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 lessee (not being an original lessee who holds
                          all lots in the strata scheme concerned), and
                  (b)     a certificate under subsection (2) (b) or section
                          11 (2) (d) or 32 (4) (b) has not previously been lodged
                          in the office of the Registrar-General.

[13]   Section 22 Acquisition of additional common property

       Omit "unanimous" wherever occurring from section 22 (2), (5) (b) and (7).
       Insert instead "special".

[14]   Section 29 Transfer or sublease of common property

       Omit "unanimous" wherever occurring. Insert instead "special".

[15]   Section 30 Creation or variation of easements, restrictions and positive
       covenants

       Omit "unanimous" wherever occurring. Insert instead "special".

[16]   Section 31 Dedication of common property

       Omit "unanimous" wherever occurring from section 31 (2) and (3) (b).
       Insert instead "special".

[17]   Section 32 Effect of dealings under this Division

       Omit "unanimous" from section 32 (4) (a). Insert instead "special".

[18]   Section 32 (4) (b)

       Insert "where all the lots concerned are held by the original lessee or" after
       "except".




Page 14
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Leasehold Development) Act 1986                  Schedule 2




[19]   Section 41 Explanation of staged development

       Insert "(whether or not the parcel is developed together with development
       of non-strata land adjoining or adjacent to the parcel)" after "scheme" in
       section 41 (1).

[20]   Section 41 (2)

       Insert "of the parcel" after "development" where firstly occurring.

[21]   Section 41 (2), second dot point

       Omit "such lot". Insert instead "development lot".

[22]   Section 43 Form and content of strata development contract

       Insert "and any non-strata land adjoining or adjacent to the parcel that is
       proposed to be developed together with the parcel" after "development lot
       or lots" in section 43 (2) (a).

[23]   Section 43 (2A)

       Insert after section 43 (2):
             (2A) 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 57A) govern both the non-strata land and the
                          parcel, and
                  (c)     indicate that, if the strata management statement is
                          registered in accordance with Division 5A, a copy of it
                          may be obtained from the Registrar-General.

[24]   Section 49 Effect of strata development contract

       Insert at the end of the section:
                     Note. 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 57F (6A).



                                                                                      Page 15
                  Strata Schemes Legislation Amendment Bill 2001

Schedule 2        Amendment of Strata Schemes (Leasehold Development) Act 1986




[25]   Section 50 Amendment of strata development contract

       Insert at the end of section 50 (1):
                           , and
                    (c)    the amendment is not inconsistent with a strata
                           management statement for the strata scheme concerned.

[26]   Section 57 Conclusion of development scheme

       Insert after section 57 (4):
              (5) If, after the conclusion of a development scheme, a revised
                  schedule of unit entitlement for a strata scheme is lodged with
                  the Registrar-General in accordance with section 57AAA, the
                  Registrar-General must record it as the schedule of unit
                  entitlement in substitution for the existing schedule of unit
                  entitlement for the scheme.

[27]   Section 57AAA

       Insert after section 57:

    57AAA     Revised schedule of unit entitlements
              (1) If, at the conclusion of a development scheme, a body
                  corporate considers that the schedule of unit entitlement in
                  force for the scheme concerned does not apportion the unit
                  entitlements so as to reflect the market value of the lots in the
                  strata scheme, the body corporate may lodge a revised schedule
                  of unit entitlement for the strata scheme with the Registrar-
                  General.
              (2) The revised schedule of unit entitlement must be lodged within
                  the period of 2 years after the conclusion of the development
                  scheme.
              (3) A revised schedule of unit entitlement that is lodged with the
                  Registrar-General must:
                  (a)    be in a form approved by the Registrar-General, and
                  (b)    be clearly identified as a revised schedule, and
                  (c)    show, as a whole number apportioned on a market
                         value basis and so as to total the unit entitlements, the
                         unit entitlement of each lot, and

Page 16
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Leasehold Development) Act 1986             Schedule 2




                     (d)    be accompanied by a certificate signed by a registered
                            valuer certifying that the unit entitlements of the lots are
                            apportioned on a market value basis, and
                     (e)    be accompanied by a certificate under the seal of the
                            body corporate concerned certifying that it has, by
                            special resolution, agreed to the substitution of the
                            existing schedule of unit entitlements with the revised
                            schedule.
               (4) In this section:
                   registered valuer means a practising real estate valuer
                   registered under the Valuers Registration Act 1975.

[28]   Section 57A Requirement for strata management statement

       Omit section 57A (2). Insert instead:
               (2) The Registrar-General may waive the requirement for a strata
                   management statement:
                   (a)   if:
                         (i)     the plan relates to part of a building that
                                 includes one or more stratum parcels, and
                         (ii)    a strata management statement has already been
                                 registered for the building and the site
                                 concerned, or
                   (b)   on the direction of the Minister given on such grounds
                         as the Minister considers sufficient.

[29]   Section 57F Effect of strata management statement

       Insert after section 57F (6):
             (6A) Without limiting subsection (6), a provision of a strata
                  development contract relating to a strata scheme is void to the
                  extent (if any) that it is inconsistent with any provision of a
                  strata management statement relating to that scheme.

[30]   Section 72 Registrar-General's power to adjust unit entitlements

       Insert "or on a revised schedule of unit entitlements lodged under section
       57AAA" after "for registration" in section 72 (1).



                                                                               Page 17
                  Strata Schemes Legislation Amendment Bill 2001

Schedule 2        Amendment of Strata Schemes (Leasehold Development) Act 1986




[31]   Section 72 (2)

       Insert "or revised schedule of unit entitlements recorded under section
       57AAA" after "common property".

[32]   Section 196 Regulations--general

       Insert "and the supply by that office of copies of registered or other plans
       and documents" after "documents" in section 196 (1) (d).

[33]   Schedule 1A Requirements for strata plans

       Omit clause 5.

[34]   Schedule 2AA Covenants implied in strata development contracts

       Insert at the end of clause 3:
                           , and
                    ·      for any amounts due under the strata management
                           statement that are connected with the carrying out of the
                           permitted development.

[35]   Schedule 2AA, clause 6

       Insert "or part of the building and its site that is not subject to the strata
       scheme" after "common property".

[36]   Schedule 2AA, clause 8

       Insert ", or the building or site," after "parcel" where firstly occurring.

[37]   Schedule 2AA, clause 8, first dot point

       Insert "or other occupiers of a building of which the development forms
       part" after "parcel".

[38]   Schedule 2AA, clause 8, second dot point

       Insert ", or such other parts of the building and its site," after "parcel".




Page 18
Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes (Leasehold Development) Act 1986             Schedule 2




[39]   Schedule 5 Transitional and savings provisions

       Insert after Part 3:


       Part 4 Transitional provisions relating to the Strata
              Schemes Legislation Amendment Act 2001
           1   Definition
                     In this Part:
                     amending Act means the Strata Schemes Legislation
                     Amendment Act 2001.

           2   Regulations
               (1) 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.
               (2) Any such provision may, if the regulations so provide, take
                   effect from the date of assent to the amending Act or a later
                   date.
               (3) 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.

           3   Surveyors certificates
                     A certificate duly given by a registered surveyor under section
                     7 (2A) (c), 10 (3) (b) or 11 (2) (c) before the commencement of
                     Schedule 1A is taken to have been duly given under that
                     provision despite that amendment.




                                                                               Page 19
                   Strata Schemes Legislation Amendment Bill 2001

Schedule 2         Amendment of Strata Schemes (Leasehold Development) Act 1986




             4   Transitional arrangements for certain staged development
                     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.

             5   Transfer or lease of common property and creation of variation
                 of easements, restrictions and positive covenants
                     A transfer or other dealing pursuant to a unanimous resolution
                     passed before the commencement of an amendment made by
                     the amending Act to section 22, 29, 30, 31 or 32 is authorised
                     to be carried out after the commencement as if that section had
                     not been amended.




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Strata Schemes Legislation Amendment Bill 2001

Amendment of Strata Schemes Management Act 1996                  Schedule 3




Schedule 3          Amendment of Strata Schemes
                    Management Act 1996
                                                                     (Section 3)



       Section 183 Order for reallocation of unit entitlements

       Insert after section 183 (2) (a):
                     (a1)   was unreasonable when a revised schedule of unit
                            entitlements was lodged at the conclusion of a
                            development scheme, or




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