Western Australian Current Acts Western Australian Current Acts (1) An amendment of a
scheme plan for a strata titles scheme must not be registered unless —
(a) for
a leasehold scheme, the owner of the leasehold scheme is the applicant for
registration or has given written consent to the amendment; and
(b) to
the extent that the amendment gives effect to a type 1 subdivision —
(i)
the subdivision is authorised by resolution without
dissent of the strata company; and
(ii)
each owner of a lot affected by the amendment who is not
an applicant for registration of the amendment —
(I) has been given notice in the approved
form of the subdivision and any associated amendment of the schedule of unit
entitlements; and
(II) has given written
consent to the amendment;
and
(iii)
if the owner of a lot affected by the amendment holds a
life estate in the land, the person who holds the remainder or reversionary
interest in the land —
(I) has been given notice in the approved
form of the subdivision and any associated amendment of the schedule of unit
entitlements; and
(II) has given written
consent to the amendment;
and
(iv)
each designated interest in land that is to become common
property has been discharged, surrendered, withdrawn or otherwise
extinguished;
and
(c) to
the extent that the amendment gives effect to a type 2 subdivision —
(i)
the subdivision is authorised by resolution without
dissent of the strata company; and
(ii)
the holder of each designated interest over the whole or
a part of the parcel has been given notice in the approved form of the
subdivision and any associated amendment of the schedule of unit entitlements
and —
(I) has given written consent to the
subdivision; or
(II) has not, at the
end of 60 days after being given notice, made a written objection to the
subdivision setting out the reasons for the objection;
and
(d) to
the extent that the amendment gives effect to a type 3 subdivision —
(i)
each owner of a lot affected by the amendment who is not
an applicant for registration of the amendment —
(I) has been given notice in the approved
form of the subdivision and any associated amendment of the schedule of unit
entitlements; and
(II) has given written
consent to the amendment;
and
(ii)
if the owner of a lot affected by the amendment holds a
life estate in the land, the person who holds the remainder or reversionary
interest in the land —
(I) has been given notice in the approved
form of the subdivision and any associated amendment of the schedule of unit
entitlements; and
(II) has given written
consent to the amendment;
and
(iii)
the holder of each designated interest over the whole or
a part of a lot affected by the amendment has been given notice in the
approved form of the subdivision and any associated amendment of the schedule
of unit entitlements and —
(I) has given written consent to the
amendment; or
(II) has not, at the
end of 60 days after being given notice, made a written objection to the
amendment setting out the reasons for the objection;
and
(e) to
the extent that the amendment gives effect to a type 4 subdivision —
(i)
the amendment is authorised by unanimous resolution of
the strata company; and
(ii)
the holder of each designated interest over the whole or
a part of the parcel has been given notice in the approved form of the
subdivision and any associated amendment of the schedule of unit entitlements
and —
(I) has given written consent to the
subdivision; or
(II) has not, at the
end of 60 days after being given notice, made a written objection to the
subdivision setting out the reasons for the objection;
and
(f) to
the extent that the amendment gives effect to any type of subdivision —
the amendment is approved by the Planning Commission (subject to any exemption
in regulations under section 15(6)); and
(g) to
the extent that the amendment imposes, varies or revokes a restricted use
condition, the imposition, variation or revocation —
(i)
has been approved by the Planning Commission under
section 21; and
(ii)
is authorised by resolution without dissent of the strata
company;
and
(h) to
the extent that the amendment describes land as temporary common property in
the scheme or deletes land from such a description — the acceptance or
surrender of the lease of the temporary common property under section 92 is
authorised by resolution without dissent of the strata company; and
(i)
to the extent that the amendment creates or discharges an
easement or restrictive covenant —
(i)
for a short form easement or restrictive covenant —
the amendment of the scheme plan is approved by the Planning Commission;
(ii)
in the case of an amendment affecting the common property
— the amendment is authorised by resolution without dissent of the
strata company; and
(iii)
in the case of an amendment affecting a lot — the
owner of the lot has given written consent to the amendment; and
(iv)
in any case — the holder of each designated
interest over the common property or a lot affected by the amendment has been
given notice in the approved form of the amendment and —
(I) has given written consent to the
subdivision; or
(II) has not, at the
end of 60 days after being given notice, made a written objection to the
creation or discharge setting out the reasons for the objection;
and
(j) for
a strata scheme —
(i)
the amendment of 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 constructed or modified in the
course of a subdivision to be given effect by registration of the amendment of
the scheme; and
(ii)
if the amendment of the scheme plan identifies an
encroachment that is not on to a public road, street or way and is to be
managed or controlled as if it were common property, an appropriate easement
has been granted and will be lodged with the Registrar of Titles.
(2) The Tribunal may,
on the application of an applicant for registration of an amendment of a
strata titles scheme, order that an objection to the amendment of a person
with a designated interest be disregarded on the grounds that the objection is
unreasonable.
(3) In considering
whether an objection is unreasonable, the Tribunal may consider —
(a) the
merits of the proposed amendment of the strata titles scheme; and
(b) the
grounds for the objection; and
(c) any
other factor the Tribunal considers relevant.
(4) If the Tribunal
makes such an order, the applicant must lodge a copy of the order certified by
the Tribunal with the Registrar of Titles.
(5) The notice of a
resolution for an amendment of a scheme plan must include details of the
proposed amendment, and any associated amendment of the schedule of unit
entitlements, in the approved form.
Note for this section:
For when an amendment
of a scheme plan affects the common property or a lot, see section 3(7).
[Section 35 inserted: No. 30 of 2018 s. 83.]
[Former section 35 renumbered as section 91 and relocated to Part 8 Division 1
Subdivision 1: No. 30 of 2018 s. 84.]
[Former section 35A renumbered as section 105 and relocated to Part 8 Division
1 Subdivision 5: No. 30 of 2018 s. 84.]