Western Australian Current Acts Western Australian Current Acts (1A) An application
for an order under this section for a survey-strata scheme can be made by any
of the following —
(a) the
strata company;
(b) the
owner of a lot in the scheme;
(c) a
registered mortgagee of a lot in the scheme;
(d) for
a leasehold scheme, the owner of the leasehold scheme.
(1) If part of a
parcel subdivided by a survey-strata scheme is taken, the Tribunal may make an
order for or with respect to the variation of the existing scheme or the
substitution for the existing scheme of a new scheme.
(2) Without limiting
subsection (1), an order made under that subsection may include directions for
any 1 or more of the following matters —
(a) the
substitution for the existing schedule of unit entitlements of a new schedule
of unit entitlements; and
(b) the
payment of money to or by the strata company or the owner of a lot or, in the
case of a leasehold scheme, the owner of the leasehold scheme; and
(c) the
amendment of the survey-strata plan, in such manner as the Tribunal thinks
fit, so as to include any addition to the common property; and
(d) any
matter in respect of which it is, in the opinion of the Tribunal, just and
equitable in the circumstances of the case to make provision in the order; and
(e) the
imposition of such terms and conditions as the Tribunal thinks fit.
(3) The Tribunal may
amend an order made under this section.
[(4)-(5) deleted]
[Section 168, formerly section 29A, inserted: No.
58 of 1995 s. 32; amended: No. 74 of 2003 s. 112(6); amended, renumbered as
section 168 and relocated: No. 30 of 2018 s. 33 and 84.]