New South Wales Consolidated Acts

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STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 137B

Keeping of animals

137B Keeping of animals

(1) Each of the following has no force or effect to the extent that it would unreasonably prohibit the keeping of an animal on a lot-
(a) a by-law,
(b) a decision by an owners corporation under a by-law.
(2) It is taken to be reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property.
(3) The regulations may specify circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property.
(4) A by-law that prohibits the keeping of an animal on a lot is not harsh, unconscionable or oppressive if it does not unreasonably prohibit the keeping of an animal on a lot.
Note : Section 150(1) provides that the Tribunal may declare a by-law to be invalid if it is harsh, unconscionable or oppressive.
(5) An owners corporation is taken to have given permission for the keeping of an animal on a lot if-
(a) it made a decision about the keeping of the animal in contravention of subsection (1)(b), or
(b) a decision of the owners corporation is required before the animal may be kept on the lot and the owners corporation failed to make a decision within a reasonable time.
(6) If a report has been tabled in Parliament under section 276A, the Minister must not recommend the making of a regulation under this section unless the Minister has considered the report.
(7) Subsection (6) is repealed 5 years after the commencement of this section.



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