New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) Where the registration of a plan submitted to a local council for the issue of a strata certificate would result in the creation of one or more utility lots (being lots designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like), the local council may qualify any strata certificate issued under section 37 in respect of that plan by attaching a condition restricting the use of that utility lot or those utility lots to use by a proprietor or occupier of a lot or proposed lot, not being such a utility lot, the subject of the strata scheme concerned.
(1A) If the registration of a plan submitted to an accredited certifier for issue of a strata certificate would result in the creation of one or more utility lots as referred to in subsection (1) and the relevant development consent contains a condition restricting the use of that utility lot or those utility lots to use by a proprietor or occupier of a lot or proposed lot, not being such a utility lot, the certifier must note the restriction on the strata certificate.
(2) A restriction on use imposed pursuant to subsection (1) or noted under subsection (1A):(a) shall designate each utility lot burdened by the restriction, and(b) shall describe the restriction by reference to this section.
(3) Section 88 of the Conveyancing Act 1919 does not apply to a restriction imposed pursuant to subsection (1) or in a development consent referred to in subsection (1A).
(4) The local council, upon an application made by the proprietor or a registered mortgagee of a utility lot the subject of a restriction referred to in subsection (1) or (1A), may execute an instrument, in the form approved under the Real Property Act 1900 , which provides that the lot is released from that restriction.