New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) Where a strata certificate issued by a local council under section 37 is qualified by attaching, in accordance with section 39, a condition restricting use of a lot, the Registrar-General shall, when creating a folio of the Register for the lot, suitably record the condition therein.
(1A) If a strata certificate issued by an accredited certifier under section 37A is qualified by noting, in accordance with section 39, a condition restricting the use of a lot, the Registrar-General must, when creating a folio of the Register for the lot, suitably record the condition in the folio.
(2) A condition recorded pursuant to subsection (1) or (1A) is an interest within the meaning of section 42 of the Real Property Act 1900 .
(3) Upon lodgment in his office of an instrument referred to in section 39 (4), the Registrar-General shall make such recordings in the Register with respect to it as he considers appropriate and thereupon the utility lot to which the instrument relates is released from the restriction referred to in it.