Western Australian Current Acts Western Australian Current Acts A scheme plan for a
strata titles scheme must not be registered unless —
(a) the
owner of the parcel is the applicant for registration or has given written
consent to the subdivision of the parcel by the strata titles scheme; and
(b) the
holder of each designated interest over the whole or a part of the parcel to
be subdivided by registration of the scheme —
(i)
has been given notice in the approved form of the
subdivision and the schedule of unit entitlements; and
(ii)
has given written consent to the subdivision;
and
(c) the
scheme plan is approved by the Planning Commission (subject to any exemption
in regulations under section 15(6)); and
(d) for
a strata scheme —
(i)
the scheme plan is accompanied by an occupancy permit or
building approval certificate under the Building Act 2011 Part 4 Division 3
for each scheme building; and
(ii)
if the scheme plan identifies an encroachment that is not
on to a public road, street or way and is to be managed and controlled as if
it were common property, an appropriate easement has been granted and lodged
with the Registrar of Titles.
[Section 34 inserted: No. 30 of 2018 s. 83.]
[Former section 34 renumbered as section 139 and relocated to Part 8 Division
5: No. 30 of 2018 s. 84.]