South Australian Current Acts

STRATA TITLES ACT 1988 - SCHEDULE 2

Schedule 2—Transitional provisions

1—Interpretation

In this Schedule—

the repealed strata title provisions means Part 19B of the Real Property Act 1886 repealed by Schedule 1.

2—Existing plans

        (1)         Subject to subclause (2), a plan deposited in the Lands Titles Registration Office by the Registrar-General in pursuance of the repealed strata title provisions will be taken to be a deposited plan under this Act.

        (2)         Subject to any amendment under this Act, the boundaries of a unit within a plan to which subclause (1) applies are not affected by the enactment of this Act.

3—Strata corporations

        (1)         A corporation existing under the repealed strata title provisions immediately before the commencement of this Act continues as a strata corporation under this Act.

        (2)         A committee of a corporation appointed under the repealed strata title provisions and in existence immediately before the commencement of this Act will, subject to this Act, continue as the management committee of the corporation under this Act.

        (3)         Where a strata corporation to which this clause applies had adopted articles in substitution for those prescribed by the repealed strata title provisions, those articles continue, subject to amendment or substitution under this Act, as the articles of the corporation.

        (4)         In any other case, the articles prescribed by Schedule 3 will take the place of those prescribed by the repealed strata title provisions on the expiration of six months from the commencement of this Act (but if those earlier articles had been amended, there will be a corresponding amendment to the Schedule 3 articles as they apply to the strata corporation).

4—Continuation and completion of proceedings under the repealed provisions

        (1)         Proceedings commenced under the repealed strata title provisions may be continued and completed as if this Act had not been enacted.

        (2)         For the purposes of subclause (1), proceedings for the deposit of a strata plan will be taken to have commenced when a formal application was first made to the Registrar-General, the Commission or the council in relation to the division of the land by strata plan.

6—Application of Acts

The Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to any repeal made by this Act.