New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) The regulations under this Part have effect despite anything to the contrary in this Schedule.
(4) The regulations under this Part may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
(5) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, 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.
In
this Part--
"former Act" means the Strata Schemes (Freehold Development) Act 1973 or the
Strata Schemes (Leasehold Development) Act 1986 .
"repeal day" means the day on which the former Acts are repealed.
(1) Any act, matter or thing done or omitted to be done under a provision of a former Act and having any force or effect immediately before the commencement of a provision of this Act that replaces that provision, is, on the commencement, taken to have been done or omitted to be done under the provision of this Act.
(2) This clause does not apply to the extent that its application--(a) is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or(b) would be inappropriate in a particular case.
On the repeal day, each of the following is taken to be a strata scheme under this Act--
(a) a strata scheme in existence under the Strata Schemes (Freehold Development) Act 1973 immediately before the repeal day,
(b) a leasehold strata scheme in existence under the Strata Schemes (Leasehold Development) Act 1986 immediately before the repeal day.
(1) On the repeal day, a plan or a notice of conversion that, immediately before the repeal day, is registered under a former Act is taken to be registered under this Act.
(2) In this clause--
"plan" means a strata plan, strata plan of subdivision, strata plan of consolidation or building alteration plan.
A certificate given by a registered land surveyor in relation to a strata plan, strata plan of subdivision or strata plan of consolidation under a former Act before the repeal day, and certifying that requirements under the former Act about the plan have been met, is taken to be a surveyor's certificate for the purposes of this Act.
A strata certificate issued under a former Act and in effect on the repeal day is taken to be a strata certificate issued under this Act.
A schedule of unit entitlement is taken to comply with this Act if--
(a) it was prepared under and in accordance with a former Act before the repeal day, and
(b) it relates to a strata plan or a strata plan of subdivision for which a strata certificate was issued before the repeal day.
(1) Part 10 applies to a freehold strata scheme in existence immediately before the commencement of that Part only if the owners corporation has, by resolution, decided the Part applies to the scheme.
(2) Despite subclause (1), a person may give a strata renewal proposal under Part 10 to the owners corporation before the resolution is passed.
(3) The resolution may be passed before or at a general meeting convened to consider a strata renewal proposal.
(4) If the resolution is passed at a general meeting convened to consider a strata renewal proposal, it must be passed before the proposal is considered.
(5) The owners corporation must record details of the resolution on the strata roll.
(6) A resolution referred to in this clause cannot be revoked.
Any proceedings commenced but not determined or finalised under a provision of a former Act are to be dealt with and determined as if the former Acts had not been repealed.
(1) This clause applies in relation to a lot in a strata scheme that has a boundary that--(a) under section 4 (2) of the repealed Conveyancing (Strata Titles) Act 1961 , was the centre of a floor, wall or ceiling, and(b) under clause 3 (1) of Part 1 of Schedule 4 to the Strata Schemes (Freehold Development) Act 1973 was taken to be the upper surface of the floor, the inner surface of the wall or the under surface of the ceiling, because the strata plan or strata plan of resubdivision did not state otherwise.
(2) The boundary referred to in subclause (1) (a) is taken to continue to be the upper surface of the floor, the inner surface of the wall or the under surface of the ceiling.
(3) This clause does not limit section 30 (2) (d) of the Interpretation Act 1987 .
(4) In this clause--
"lot" does not include any common infrastructure unless the common infrastructure was specified in the strata plan or strata plan of subdivision under the Conveyancing (Strata Titles) Act 1961 as forming a part of the lot.
Note--: This clause continues, for the purposes of this Act, the effect of clause 3 (1) and (2) of Part 1 of Schedule 4 to the Strata Schemes (Freehold Development) Act 1973 .
On the repeal day, a person who is an accredited certifier under a former Act immediately before the repeal day is taken to be an accredited certifier for the purposes of this Act.