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STRATA TITLES ACT 1988 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"allotment" means the whole of the land comprised in a certificate of title;

"assistance animal" has the same meaning as in the Equal Opportunity Act 1984 ;

"body corporate manager"—see section 27B;

"building" includes a fixed structure;

"business day" means any day except Saturday, Sunday or a public holiday;

"ceiling" includes a false or suspended ceiling;

"the Commission" means the Development Assessment Commission constituted under the Development Act 1993 ;

"council" means—

            (a)         in relation to a local government area—a municipal or district council;

            (b)         in relation to the parts of the State that lie outside local government areas—the Outback Areas Community Development Trust;

"the Court" means the Supreme Court of South Australia;

"deposited" in relation to a strata plan means deposited in the Lands Titles Registration Office by the Registrar-General;

"easement" includes a right of way;

"encumbrance" includes—

            (a)         a life estate or a lease; or

            (b)         a mortgage or charge; or

            (c)         a claim or lien; or

            (d)         an easement; or

            (e)         a caveat;

"ERD Court" means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993 ;

"fence" includes a gate;

"floor" includes a stairway or ramp;

"holder" of a statutory encumbrance means—

            (a)         in relation to an agreement relating to the management, preservation or conservation of land lodged under Part 5 of the Development Act 1993 —the Minister, greenway authority or council that entered into the agreement; or

            (b)         in any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;

"occupier" in relation to a unit means a person who occupies the unit on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a unit;

"ordinary resolution" of a strata corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of unit holders present and voting on the resolution;

"original registered proprietor" in relation to a strata scheme means the person who was, immediately before the deposit of the strata plan, the registered proprietor of an estate in fee simple in the land;

"owner" in relation to land means the proprietor of an estate in fee simple in the land;

"public land" means—

            (a)         land vested in a council;

            (b)         land controlled or managed by a council;

"registered encumbrance" means an encumbrance registered or entered on a certificate of title;

"relevant animal" means an assistance animal or a therapeutic animal;

"site" means the land comprised in a strata plan (as distinct from the buildings and other improvements to that land);

"special resolution" in relation to a strata corporation means a resolution as to which the following conditions are satisfied;

            (a)         at least 14 days' written notice, setting out the terms of the proposed resolution and any other information of a kind prescribed by regulation, is given to the unit holders;

            (b)         —

                  (i)         in the case of a strata corporation in which there are only 3 units and the owner of each unit is entitled to 1 vote in respect of his or her unit—the resolution is passed at a properly convened meeting of the strata corporation at which either no vote, or only 1 vote, is cast against the resolution; or

                  (ii)         in any other case—the resolution is passed at a properly convened meeting of the strata corporation at which the number of votes (if any) cast against the resolution is 25% or less of the total number of votes that could be cast at a meeting at which all unit holders are present and entitled to vote;

"statutory encumbrance" means—

            (aaa)         an Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988 ;

            (aa)         an agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts Interpretation Act 1915 ;

            (a)         an agreement relating to the management, preservation or conservation of land lodged under Part 5 of the Development Act 1993 ;

            (b)         any agreement or proclamation registered or noted on the title immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993 ;

            (d)         a heritage agreement entered into under the Heritage Act 1993 ;

            (da)         a heritage agreement entered into under the Native Vegetation Act 1991 ;

            (db)         an access agreement entered into under the Recreational Greenways Act 2000 ;

            (e)         a management agreement entered into under the River Murray Act 2003 ;

            (ea)         a management agreement entered into under the Upper South East Dryland Salinity and Flood Management Act 2002 ;

            (f)         any other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition;

"the strata community" means those who reside or work at the units in a strata scheme;

"strata corporation" means a body corporate created under this Act on the deposit of a strata plan;

"strata scheme" means—

            (a)         the land comprised in a strata plan; and

            (b)         the buildings and other improvements on that land;

"therapeutic animal" has the same meaning as in section 88A of the Equal Opportunity Act 1984 ;

"unanimous resolution" in relation to a strata corporation means a special resolution passed without any dissentient vote at a general meeting of the corporation;

"unit" means an area shown on a strata plan as a unit;

"unit holder" means—

            (a)         a person registered as proprietor of an estate in fee simple in the unit;

            (b)         if the fee simple is divided into a life estate with a remainder or reversionary interest—the person registered as the proprietor of the life estate;

"wall" includes a door or window.

        (2)         For the purposes of this Act, land will be regarded as being adjacent to other land if the land—

            (a)         abuts on the other land; or

            (b)         is separated from the other land only by—

                  (i)         a road, street, footpath, railway or thoroughfare; or

                  (ii)         a reserve or other similar open space.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.



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