[Heading inserted: No. 30 of 2018 s. 119.]
In this Schedule
—
amending Act means the Strata Titles Amendment Act
2018 ;
commencement day means the day on which section 4
of the amending Act comes into operation.
[Clause 1 inserted: No. 30 of 2018 s. 119.]
2 . Continuance of strata titles schemes
(1) The coming into
operation of the amending Act does not affect the continued existence of the
following —
(a) a
strata scheme or survey-strata scheme;
(b) a
lot or common property in a strata scheme or survey-strata scheme;
(c) an
estate or interest in a lot or common property in a strata scheme or
survey-strata scheme;
(d) a
strata company, its council or its officers.
(2) Each strata scheme
for which a strata plan, and each survey-strata scheme for which a
survey-strata plan, is registered immediately before commencement day is taken
to be registered as a strata titles scheme.
(3) The strata plan or
survey-strata plan, the by-laws of the strata company, and the schedule of
unit entitlement for a strata scheme or survey-strata scheme, as registered
immediately before commencement day, continue to be registered as scheme
documents and can be amended as scheme documents.
[Clause 2 inserted: No. 30 of 2018 s. 119.]
The name of a strata
titles scheme and the address for service of a strata company remains as it is
immediately before commencement day and may be amended as if specified in a
scheme notice.
[Clause 3 inserted: No. 30 of 2018 s. 119.]
(1) The by-laws
(including any management statement) of a strata company as in force
immediately before commencement day continue in force, subject to this Act, as
scheme by-laws and as if they had been made as governance by-laws or as
conduct by-laws according to the classification into which they would fall if
they had been made on commencement day.
(2) However, all
by-laws that are in force immediately before commencement day in the terms set
out in Schedule 1 clauses 11 to 15, or Schedule 2 clause 5, as then in force
are taken to be repealed on commencement day.
(3) A by-law under
section 42(8) as in force immediately before commencement day is taken to be
an exclusive use by-law subject to this Act.
(4) A by-law in force
immediately before commencement day that could have been made as a staged
subdivision by-law if made on the commencement day is taken to be a staged
subdivision by-law.
(5) By-laws made by a
strata company before commencement day in accordance with the Act as in force
when the by-laws were made —
(a) may
be registered on or after commencement day even if they could not have been
made on or after that day, provided an application for registration is made
within 3 months after the making of the by-laws; and
(b) if
registered, are taken to have been made as governance by-laws or as conduct
by-laws according to the classification into which they would fall if they had
been made on commencement day.
(6) By-laws in force
immediately before commencement day that can only be amended or repealed with
the consent or approval of the Planning Commission or local government are
taken to have been made subject to a planning (scheme by-laws) condition.
(7) Sections 46 and 47
apply to scheme by-laws whether made or registered before, on or after
commencement day and a penalty may be imposed by the Tribunal under section 47
whether or not the particular scheme by-law provides for a penalty as set out
in section 42A as in force immediately before commencement day.
[Clause 4 inserted: No. 30 of 2018 s. 119.]
5 . Schedule of unit entitlements
The schedule of unit
entitlement registered for a strata scheme or survey-strata scheme immediately
before commencement day continues to be registered as the schedule of unit
entitlements for the scheme.
[Clause 5 inserted: No. 30 of 2018 s. 119.]
6 . Council members and officers
(1) A member of the
council or officer of a strata company who continues in that capacity on
commencement day —
(a) must
inform the council in writing, as soon as practicable after that day, of any
direct or indirect pecuniary or other interest that the person has that
conflicts or may conflict with the performance of a function as a member of
the council or, if applicable, an officer of the strata company; and
(b) in
the case of a member of the council, must not vote on a matter in which the
member has an interest required to be disclosed under paragraph (a).
(2) Subclause (1) does
not apply to an interest arising solely from the fact that the member or
officer is the owner of a lot in the strata titles scheme.
(3) Subclause (1)(a)
does not apply to matters of which the member or officer has already informed
the council in writing but subclause (1)(b) does apply to such matters.
[Clause 6 inserted: No. 30 of 2018 s. 119.]
7 . Applications lodged with Registrar of Titles
before commencement day
(1) An application
lodged with the Registrar of Titles but not finally dealt with before
commencement day of a kind listed below is taken to have been lodged under
section 56 as an application for registration of amendment of a scheme plan
—
(a)
application for registration of plan of re-subdivision under section 8A as in
force immediately before commencement day;
(b)
application for registration of strata/survey-strata plan of consolidation
under section 9 as in force immediately before commencement day;
(c)
application for registration of conversion of 1 or more lots into common
property under section 10 as in force immediately before commencement day;
(d)
application for registration of a transfer of land under section 18 as in
force immediately before commencement day;
(e) an
application for registration of a lease, transfer of a lease or sub-lease, or
the surrender of a lease, under section 18 as in force immediately before
commencement day (being an amendment relating to temporary common property);
(f) an
application for registration of a transfer of common property under section 19
as in force immediately before commencement day;
(g) an
application for registration of the creation or surrendering of an easement or
restrictive covenant under section 20 as in force immediately before
commencement day.
(2) An application
lodged with the Registrar of Titles but not finally dealt with before
commencement day for registration of an amended schedule of unit entitlement
under section 15 as in force immediately before commencement day is taken to
have been lodged under section 56 as an application for registration of an
amendment of the schedule of unit entitlements.
[Clause 7 inserted: No. 30 of 2018 s. 119.]
8 . Approvals and certificates
(1) For the purposes
of an application to the Registrar of Titles involving registration of scheme
documents or amendments of scheme documents prepared before commencement day
—
(a) a
certificate of a licensed surveyor or licensed valuer given in relation to a
strata plan, survey-strata plan or schedule of unit entitlement before
commencement day in accordance with the Act as then in force is taken to
comply with the requirements of the Act as amended by the amending Act; and
(b) an
approval of the Planning Commission or local government given under a
provision of the Act as in force immediately before commencement day is taken
to be an approval under the corresponding provision of the Act as amended by
the amending Act.
(2) The regulations
may impose time limits within which an application to the Registrar of Titles
must be made if it involves registration of scheme documents or amendments of
scheme documents prepared before commencement day.
[Clause 8 inserted: No. 30 of 2018 s. 119.]
A utility service
easement applies to utility conduits whether installed before, on or after
commencement day.
[Clause 9 inserted: No. 30 of 2018 s. 119.]
(1) Section 79 applies
to contracts, leases and licences whether entered into or granted before, on
or after commencement day in connection with a subdivision given effect by
registration of a strata titles scheme or an amendment of a strata titles
scheme on or after commencement day.
(2) A person who is a
scheme developer of a subdivision immediately before commencement day must
inform the strata company in writing, as soon as practicable on or after
commencement day, of the following for each contract, lease or licence to
which section 79 applies —
(a)
details of any remuneration or other benefit (including savings connected with
installation or commissioning of infrastructure for the provision of services
under the contract) that the scheme developer or an associate of the scheme
developer has received arising out of the contract, lease or licence;
(b)
details of any other direct or indirect pecuniary interest that the scheme
developer or an associate of the scheme developer has in the contract, lease
or licence, other than as a member of the strata company.
(3) Subclause (2) does
not apply to —
(a)
matters of which the scheme developer has already informed the strata company
in writing; or
(b) a
contract, lease or licence relating to a subdivision given effect by
registration of a strata titles scheme or an amendment of a strata titles
scheme before commencement day.
[Clause 10 inserted: No. 30 of 2018 s. 119.]
11 . Structural alteration of lot
An application to the
Tribunal under section 90 may relate to a structural alteration made before
commencement day.
[Clause 11 inserted: No. 30 of 2018 s. 119.]
12 . Records and correspondence
Section 104(1) extends
to records and correspondence made or kept under the Act as in force
immediately before commencement day and to records and correspondence in the
possession or control of a strata company immediately before commencement day.
[Clause 12 inserted: No. 30 of 2018 s. 119.]
(1) A person (a strata
manager ) may continue to perform scheme functions under a contract or
volunteer agreement with a strata company that is in force immediately before
commencement day for 6 months after that day and this Act applies, for that
period, as if those functions were authorised to be performed by the strata
manager under section 143 and as if the contract or volunteer agreement were a
strata management contract.
(2) Subclause (1)
—
(a)
applies even if the functions could not be authorised under a strata
management contract and even if the strata manager does not meet the
requirements set out in section 144; and
(b) is
subject to the variation or termination of the contract or volunteer
agreement.
(3) A contract or
volunteer agreement referred to in subclause (1) ceases to have effect 6
months after commencement day unless the strata manager then meets the
requirements set out in section 144 and the contract or volunteer agreement
then meets the requirements set out in section 145.
(4) Subject to any
direction or resolution of the strata company to the contrary, a volunteer
strata manager may continue to perform scheme functions performed by the
strata manager immediately before commencement day for 6 months after
commencement day even if the functions could not be authorised under a strata
management contract and even if the strata manager does not meet the
requirements set out in section 144.
(5) A strata manager
to whom this clause applies must inform the strata company in writing, as soon
as practicable on or after commencement day, of —
(a) any
direct or indirect pecuniary or other interest that the strata manager has
that conflicts or may conflict with the performance of the strata
manager’s functions; and
(b) the
amount or value of any remuneration or other benefit that the strata manager
receives, or has a reasonable expectation of receiving (other than from the
strata company) in connection with the performance of the strata
manager’s functions.
(6) Subclause (5) does
not apply to —
(a)
remuneration or any other benefit that is less than an amount or value
specified in or calculated in accordance with the regulations; or
(b)
matters of which the strata manager has already informed the strata company in
writing.
[Clause 13 inserted: No. 30 of 2018 s. 119.]
(1) A scheme dispute
may involve an event that occurred, or a matter that arose, before
commencement day.
(2) In determining a
scheme dispute, the Tribunal may apply the objectives set out in section 119
as if that section had been in force when the event occurred or the matter
arose.
[Clause 14 inserted: No. 30 of 2018 s. 119.]
A person who holds
office as an administrator of a strata company under this Act immediately
before commencement day continues to hold that office on the same terms and
conditions and section 205 applies as if the administrator had been appointed
under the Act as amended by the amending Act.
[Clause 15 inserted: No. 30 of 2018 s. 119.]
The clauses in
Schedule 2A (except those in Part 1) are numbered as they were as sections in
the body of the Act immediately before commencement day and anything done
under any of those sections that may have effect after that day is taken to
have been done under the corresponding clause.
[Clause 16 inserted: No. 30 of 2018 s. 119.]
17 . Short form easements and restrictive
covenants
(1) If the regulations
declare that an easement of a specified class created under section 5D as in
force immediately before commencement day corresponds to a specified short
form easement or restrictive covenant —
(a) an
easement of that class that is in force immediately before commencement day is
taken to be a short form easement or restrictive covenant of the specified
kind; and
(b) the
rights and obligations under the easement are those applicable to the
specified short form easement or restrictive covenant.
(2) An easement
created under section 5D to which subclause (1) does not apply and in force
immediately before commencement day —
(a)
continues in force on the same terms and conditions as if the amending Act had
not been enacted; but
(b) may
be discharged by amendment to the scheme plan as if it were a short form
easement or restrictive covenant.
[Clause 17 inserted: No. 30 of 2018 s. 119.]
18 . Restricted use conditions
(1) A restriction on
the use to which a parcel or part of a parcel may be put under section 6 as in
force immediately before commencement day is taken to be a restricted use
condition.
(2) A reference to a
retired person in such a restricted use condition is a reference to that term
within the meaning of section 6A as in force immediately before commencement
day.
[Clause 18 inserted: No. 30 of 2018 s. 119.]
19 . Approvals for structural alterations
An approval under
section 7 or 7A as in force immediately before commencement day is taken to be
an approval under section 87 or 88 respectively.
[Clause 19 inserted: No. 30 of 2018 s. 119.]
20 . Temporary common property
(1) Land leased under
section 18 as in force immediately before commencement day is taken to be
leased under section 92.
(2) Land noted on a
strata plan or survey-strata plan under section 18(4) as in force immediately
before commencement day that is leased by the strata company is taken to be
temporary common property for the strata titles scheme as if the lease had
been accepted under section 92.
[Clause 20 inserted: No. 30 of 2018 s. 119.]
21 . Termination of strata scheme by unanimous
resolution
If the documents
required for termination of a strata titles scheme under section 30 or 30A as
in force immediately before commencement day are lodged with the Registrar of
Titles before commencement day, the Registrar of Titles must take the steps
required under that section to terminate the scheme as if the amending Act had
not been enacted.
[Clause 21 inserted: No. 30 of 2018 s. 119.]
A roll kept by a
strata company under section 35A as in force immediately before commencement
day is taken to be a roll kept under section 105.
[Clause 22 inserted: No. 30 of 2018 s. 119.]
(1) An administrative
fund of a strata company established under section 36 as in force immediately
before commencement day is taken to be an administrative fund established
under section 100.
(2) A reserve fund of
a strata company established under section 36 as in force immediately before
commencement day is taken to be a reserve fund established under section 100.
(3) Contributions or
other arrangements determined under section 36 as in force immediately before
commencement day for any period that continues on or after commencement day
are taken to be contributions or arrangements determined under section 100.
(4) Expenditure of a
strata company already authorised for the current financial year under
section 47 as in force immediately before commencement day but not expended
before that day is taken to be authorised under section 102.
[Clause 23 inserted: No. 30 of 2018 s. 119.]
24 . Extension of contract termination period
Any extension of a
period applying to a contract under section 39A as in force immediately before
commencement day is taken to have been made under section 115.
[Clause 24 inserted: No. 30 of 2018 s. 119.]
If an application has
been made to a strata company under section 43 as in force immediately before
commencement day but not complied with before that day, the strata company
must deal with the application as if it had been made under section 107.
[Clause 25 inserted: No. 30 of 2018 s. 119.]
26 . Authorisation of body corporate
An authorisation of an
individual under section 45 as in force immediately before commencement day is
taken to have been given under section 136.
[Clause 26 inserted: No. 30 of 2018 s. 119.]
27 . Restrictions on powers of expenditure
A special resolution
under section 47(1)(a) as in force immediately before commencement day is
taken to be a special resolution under section 102(6)(a)(i).
[Clause 27 inserted: No. 30 of 2018 s. 119.]
28 . Insurance in transitional period
For 12 months after
commencement day, a strata company is not required to comply with Part 8
Division 1 Subdivision 2 or Schedule 2A Part 5 (as applicable to the strata
company) if it complies with Part IV Division 4 of the Act as in force
immediately before commencement day.
[Clause 28 inserted: No. 30 of 2018 s. 119.]
Part 5 of the Act as
in force immediately before commencement day continues to apply, as if the
amending Act had not been enacted, to —
(a) a
contract for the sale and purchase of a lot in a strata titles scheme entered
into before commencement day; and
(b) the
buyer and seller for the contract; and
(c) any
person who has been paid money in relation to that contract.
[Clause 29 inserted: No. 30 of 2018 s. 119.]
(1) A proceeding in
the District Court or Tribunal under this Act commenced before commencement
day must be dealt with as if the amending Act had not been enacted.
(2) A proceeding under
this Act that could have been, before commencement day, commenced in the
District Court must instead be commenced in the Tribunal and the Tribunal has
jurisdiction to hear and determine the matter.
[Clause 30 inserted: No. 30 of 2018 s. 119.]
This is a compilation of the Strata Titles Act 1985 and includes amendments
made by other written laws 9 . For provisions that have come into operation,
and for information about any reprints, see the compilation table. For
provisions that have not yet come into operation see the uncommenced
provisions table.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
33 of 1985 |
6 May 1985 |
s. 1 and 2: 6 May 1985; | |
Strata Titles Amendment Act 1986 |
42 of 1986 |
1 Aug 1986 |
1 Aug 1986 (see s. 2) |
Acts Amendment (Water Authority Rates and Charges) Act 1987 Pt. IX |
24 of 1987 |
25 Jun 1987 |
14 Jul 1987 (see s. 2 and Gazette 14 Jul 1987 p. 2647) |
Acts Amendment (Heritage Council) Act 1990 Pt. 2 Div. 6 |
97 of 1990 |
22 Dec 1990 |
25 Feb 1991 (see s. 2 and Gazette 22 Feb 1991 p. 868) |
34 of 1992 |
19 Jun 1992 |
10 Jul 1992 (see s. 2 and Gazette 10 Jul 1992 p. 3185) | |
Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
Planning Legislation Amendment Act (No. 2) 1994 s. 46(12) |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567) |
34 of 1995 |
29 Sep 1995 |
1 Jul 1997 (see s. 2 and Gazette 20 Jun 1997 p. 2805) | |
Strata Titles Amendment Act 1995 2, 5-8, 10 |
58 of 1995 |
20 Dec 1995 |
s. 1 and 2: 20 Dec 1995; |
Water Agencies Restructure (Transitional and Consequential Provisions) Act
1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291) |
Reprint of the Strata Titles Act 1985 as at 22 Apr 1996 (includes amendments
listed above except those in the Caravan Parks and Camping Grounds Act 1995 ) | |||
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
Strata Titles Amendment Act 1996 11, 12 |
61 of 1996 |
11 Nov 1996 |
s. 1 and 2: 11 Nov 1996; |
Licensed Surveyors Amendment Act 1996 s. 28 |
79 of 1996 |
14 Nov 1996 |
5 Apr 1997 (see s. 2 and Gazette 4 Apr 1997 p. 1750) |
Transfer of Land Amendment Act 1996 s. 153(1) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
Reprint of the Strata Titles Act 1985 as at 20 Jan 1997 (includes amendments
listed above except those in the Caravan Parks and Camping Grounds Act 1995
and the Licensed Surveyors Amendment Act 1996 ) | |||
Equal Opportunity Amendment Act (No. 3) 1997 s. 8 |
42 of 1997 |
9 Dec 1997 |
6 Jan 1998 (see s. 2(1)) |
Statutes (Repeals and Minor Amendments) Act 1997 s. 115 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 66 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 104 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999 p. 2905) |
Reprint of the Strata Titles Act 1985 as at 1 Jul 1999 (includes amendments
listed above) | |||
Statutes (Repeals and Minor Amendments) Act 2000 s. 40 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | |
Planning Appeals Amendment Act 2002 s. 28 |
24 of 2002 |
24 Sep 2002 |
18 Apr 2003 (see s. 2 and Gazette 17 Apr 2003 p. 1243) |
Taxation Administration (Consequential Provisions) Act 2002 s. 23 |
45 of 2002 |
20 Mar 2003 |
1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2383) |
Acts Amendment (Equality of Status) Act 2003 Pt. 56 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
Reprint 4: The Strata Titles Act 1985 as at 22 Aug 2003 (includes amendments
listed above) | |||
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 67 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
Statutes (Repeals and Minor Amendments) Act 2003 s. 112 13 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
Workers’ Compensation Reform Act 2004 s. 174 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131) |
Courts Legislation Amendment and Repeal Act 2004 Sch. 1 cl. 150 (other than
the amendment to s. 116A(4)) 14 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(12) and (13)) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 121 15, 16 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
Reprint 5: The Strata Titles Act 1985 as at 20 May 2005 (includes amendments
listed above) | |||
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 17 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) | |
Duties Legislation Amendment Act 2008 Sch. 1 cl. 36 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
Legal Profession Act 2008 s. 707 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
Reprint 6: The Strata Titles Act 1985 as at 25 Jul 2008 (includes amendments
listed above except those in the Legal Profession Act 2008 ) | |||
Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
Approvals and Related Reforms (No. 4) (Planning) Act 2010 s. 37 |
28 of 2010 |
19 Aug 2010 |
22 Nov 2010 (see s. 2(b) and Gazette 19 Nov 2010 p. 5709) |
24 of 2011 |
11 Jul 2011 |
2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033) | |
Water Services Legislation Amendment and Repeal Act 2012 s. 232 |
25 of 2012 |
3 Sep 2012 |
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028) |
Reprint 7: The Strata Titles Act 1985 as at 24 May 2013 (includes amendments
listed above except those in the Water Services Legislation Amendment and
Repeal Act 2012 ) | |||
Land Legislation Amendment Act 2015 Pt. 4 |
11 of 2015 |
29 Apr 2015 |
30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937) |
Land Legislation Amendment (Taxing) Act 2015 Pt. 3 |
12 of 2015 |
29 Apr 2015 |
30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937) |
22 of 2018 |
18 Sep 2018 |
1 Jul 2019 (see s. 2(b) and Gazette 27 Jun 2019 p. 2375) | |
Strata Titles Amendment Act 2018 Pt. 2 20 |
30 of 2018 |
19 Nov 2018 |
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) |
Swan Valley Planning Act 2020 Pt. 10 Div. 14 |
45 of 2020 |
9 Dec 2020 |
1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2) |
Legal Profession Uniform Law Application Act 2022 Pt. 17 Div. 21 |
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
Transfer of Land Amendment Act 2022 Pt. 3 Div. 7 |
21 of 2022 |
24 Jun 2022 |
7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 67 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
1 Footnote no longer applicable.
2 The Strata Titles Amendment Act 1995 s. 5(5)
reads as follows:
(5) A plan registered
under the principal Act before the provision inserted by subsection (3) came
into operation is declared to be, and to have always been, valid if it would
have been valid at the time of registration had that provision been then in
operation.
3 Deleted by the Building Act 2011 s. 153(2).
4 The Strata Titles Act 1966 was repealed by this
Act, s. 131.
5 The Strata Titles Amendment Act 1995 s. 46(2)
reads as follows:
(2) Expenditure made
by the council of a strata company at any time before the commencement of
subsection (1) that would have been within paragraph (e) of section 47(2) of
the principal Act if that section had then been in operation is declared to
be, and to have always been, as valid as it would have been if that section
had been then in operation.
6 The Strata Titles Amendment Act 1995 s. 54(3)
reads as follows:
(3) Any insurance
effected and maintained by a strata company at any time before the
commencement of subsection (1)(b) that would have been within section 55(1)(b)
of the principal Act if that section and subsection (1)(b) had then come into
operation is declared to be, and to have always been, as valid as it would
have been if that section and subsection (1)(b) had then come into operation.
7 The Strata Titles Amendment Act 1995 s. 57(2)
and (3) read as follows:
(2) Section 60, as
inserted by subsection (1), applies to a plan registered after the
commencement of this section.
(3) Section 60, as it
existed before the commencement of this section, continues to apply, despite
its repeal, to a plan registered before that commencement.
8 The Strata Titles Amendment Act 1995 s. 66 reads
as follows:
66. Transitional provision
Despite their repeal
by section 63, sections 68 and 69 of the principal Act continue to apply to
any contract, agreement or document entered into before the commencement of
section 63 and the provisions inserted into the principal Act by that section
do not apply to any such contract, agreement or document.
9 The Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 Sch. 1 cl. 31 was repealed by
the Criminal Law and Evidence Amendment Act 2008 s. 78(6).
10 The Strata Titles Amendment Act 1995 s. 38(2),
43(5) and (6), 45(3) and 93(2) are transitional provisions that are of no
further effect.
11 The Strata Titles Amendment Act 1996 s. 12(2)
and (3) and 34(4) are transitional provisions that are of no further effect.
12 The Strata Titles Amendment Act 1996 s. 30
reads as follows:
30. Transitional provisions as to insurance
(1) If immediately
before the day on which section 25 of the Strata Titles Amendment Act 1996
commences (the commencement day ) a strata company for a single tier strata
scheme is maintaining insurance in respect of —
(a)
buildings in the scheme; and
(b)
damage to property, death or bodily injury,
that after the
commencement day satisfies the requirements of new section 53D(3), the strata
company is to be taken to have made a determination for the purposes of new
section 53B(2).
(2) Subsection (1)
does not prevent the strata company exercising the power under new section
53B(2) to revoke a determination under that section.
(3) If immediately
before the commencement day a strata company for a single tier strata company
is exempt from the requirements of section 54 or 55(1)(c) of the principal Act
by order of a referee under section 103J of that Act, the order continues in
force after the commencement day as if the order exempted the strata company
from the obligation to insure imposed on it by new section 53D.
(4) An order to which
subsection (3) applies ceases to have effect if —
(a) at
any time after the commencement day a proprietor serves notice in writing
—
(i)
on the strata company ; or
(ii)
in the case of a two-lot scheme, on the other proprietor,
that he requires the
termination of the order; and
(b) the
notice is recorded on the strata/survey-strata plan by the Registrar of
Titles.
(5) It is for the
person who has served a notice under subsection (4) to lodge a copy of the
notice, accompanied by the prescribed form, with the Registrar of Titles for
the purpose of subsection (4)(b).
(6) In this section
—
new section refers to a section inserted in the
principal Act by section 25 of this Act.
13 The amendment in the Statutes (Repeals and
Minor Amendments) Act 2003 s. 112(13) could not be done as the amendment was
done in the 22 August 2003 reprint.
14 The Courts Legislation Amendment and Repeal Act
2004 Sch. 1 cl. 150 (to amend s. 116A(4)) and Sch. 2 cl. 48 were repealed by
the Criminal Law and Evidence Amendment Act 2008 s. 77(12) and (13).
15 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
16 The
State Administrative Tribunal Regulations 2004 r. 39 and 63 read as follows:
(1) In this regulation
¾
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act
2004 Part 2 Division 121 comes into operation.
(2) Subregulations (3)
and (4) apply if —
(a)
before the commencement day a person was given a notice under the
Strata Titles Act 1985 section 79(1)(a) ; and
(b) the
person had not before the commencement day made a written submission under
section 79(1)(b) of that Act.
(3) If this
subregulation applies, on or after the commencement day, the person given the
notice may, within the time specified in the notice, or any longer time
allowed under the Strata Titles Act 1985 section 79(1)(c), make a written
submission to the Tribunal and the Tribunal is to take account of the
submission as if the submission were a document provided in proceedings to be
conducted in whole or part on the basis of documents under the Act section
60(2).
(4) If this
subregulation applies, the Tribunal is not to make an order under the
Strata Titles Act 1985 Part VI Division 3, other than under section 82, until
after the expiration of the time specified for the making of written
submissions in the notice given under section 79(1)(a) of that Act, or where a
further notice has been given under section 79(1)(c) of that Act, the
expiration of the longer time specified in that notice.
(5) If —
(a)
before the commencement day a matter was being dealt with by the Strata Titles
Referee under the Strata Titles Act 1985 and the Referee had made a
requirement under section 80C(a) or (b) of that Act but that requirement had
not been complied with before that day; and
(b) the
matter is transferred to the Tribunal under the Act section 167(4)(a) or (b),
the Tribunal has, in
relation to that matter, the power that the Strata Titles Referee had under
the Strata Titles Act 1985 section 80C(c) immediately before the commencement
day.
(1) In this regulation
—
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act
2004 Part 2 Division 121 comes into operation;
referee means a Strata Titles Referee appointed
and holding office before the commencement day under the ST Act section 71;
the ST Act means the Strata Titles Act 1985 .
(2) If —
(a) a
special resolution authorising an application to a Land Valuation Tribunal
under the ST Act section 16(1) for an order that the Schedule of unit
entitlement be amended was passed before the commencement day; or
(b) a
certificate under seal of a strata company certifying that the strata company
has by special resolution authorised such an application,
and an application has
not been made to a Land Valuation Tribunal before the commencement day or an
application to the Land Valuation Tribunal is transferred to the State
Administrative Tribunal under the Act section 167, on and after the
commencement day, the reference to a Land Valuation Tribunal in the special
resolution and the certificate is to be read and construed as a reference to
the State Administrative Tribunal.
(3) On and after the
commencement day, a copy of an order certified under the ST Act by a referee
as being a true copy is to be taken to have been certified by the executive
officer of the State Administrative Tribunal.
(4) A certificate of a
local government made before the commencement day which complies with the ST
Act section 23(1)(a) or (3), as in force at the time the certificate was made,
is to be taken, on and after the commencement day, to comply with the ST Act
section 23(1)(a) or (3).
(5) A certificate
issued before the commencement day by the Town Planning Appeal Tribunal under
the ST Act section 27(9) or 25B(3)(a) certifying that an appeal has been
upheld, is to be taken, on and after the commencement day, to be a certificate
of the executive officer of the State Administrative Tribunal to the effect
that a successful application has been made to the State Administrative
Tribunal for a review of the Commission's refusal or failure to give an
approval referred to in the ST Act section 25B(2).
(6) If a notice of
refusal has been given under the ST Act section 26 before the commencement
day, on or after the commencement day the notice is to be taken to inform the
applicant of the right conferred by that section to apply for a review of the
refusal.
(7) If, before the
commencement day, the Minister or the Town Planning Appeal Tribunal has upheld
an appeal under the ST Act section 26 but has not under section 26(11) of the
ST Act issued to the applicant a certificate certifying that the appeal has
been upheld, on or after the commencement day, the President of the State
Administrative Tribunal may issue to the applicant a certificate certifying
that the appeal has been upheld and that certificate has the same effect as a
certificate issued under section 26(11) would have had if the certificate had
been issued by the Minister or the Town Planning Appeal Tribunal before the
commencement day.
(8) If a referee has
determined under the ST Act section 39A(4)(c)(ii) (as in force at the time of
the determination) that an agreement is unfair to the proprietors of 25% or
more of the aggregate unit entitlement of the lots, on or after the
commencement day that determination is to be taken to be a determination of
the State Administrative Tribunal under the ST Act section 39A(4)(c)(ii).
(9) If before the
commencement day —
(a) an
application for an order was made to a referee in relation to a matter of a
type referred to in the ST Act section 77A(1) (as in force at the time of the
application); and
(b) the
referee did not refer the application to the Retirement Villages Disputes
Tribunal,
on the commencement
day the application is to be taken to be an application by an applicant for
review to the State Administrative Tribunal under the
State Administrative Tribunal Act 2004 and the applicant for the order of the
referee is to be taken to be an applicant under that Act.
(10) If an appeal is
commenced before the commencement day under the ST Act section 105 and a
strata company is the respondent to a successful appeal under that section,
section 111(1) is to be taken to apply to that strata company as if that
subsection had not been amended by the State Administrative Tribunal
(Conferral of Jurisdiction) Amendment and Repeal Act 2004 .
(11) If an order is
made by the District Court under the ST Act section 113(1) (as in force
immediately before the commencement day), on or after the commencement day the
District Court must not cause the order and the records of the District Court
relating to the appeal, including records forwarded to it by the referee when
referring that appeal to the District Court, to be sent to the referee but
must cause the order and those records to be sent to the executive officer of
the State Administrative Tribunal.
(12) If an order is
sent to the executive officer under subregulation (11), the executive officer
must serve a copy of the order, certified by him or her to be a true copy, on
—
(a) the
strata company for the Scheme to which the order relates;
(b) the
appellant;
(c) any
person who was given notice under the ST Act section 105(6) (as in force
immediately before the commencement day) of the time and place for the
determination of the appeal; and
(d) any
person who, by the order, is required to do or to refrain from doing a
specified act.
17 The amendment in the Planning and Development
(Consequential and Transitional Provisions) Act 2005 s. 15, which gives effect
to Sch. 2 cl. 63(9), to amend s. 25B(3) is not included because the subsection
it sought to amend had been repealed by the State Administrative Tribunal
(Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1116.
18 The Land Legislation (Postponement of Expiry)
Proclamation 2018 published by Gazette 21 Dec 2018 p. 4845-6 provides that the
expiry of former section 131A (renumbered as section 225) is postponed until
the end of 31 December 2024.
19 The Land Legislation (Postponement of Expiry)
Proclamation 2024 cl. 4 (SL 2024/43) provides that the expiry of section 225
is postponed until the end of 31 December 2029.
20 Below is a list of the provisions of the
Strata Titles Act 1985 that were renumbered and relocated by the Strata
Titles Amendment Act 2018 . This table is intended as a general guide only.
Finding chart for relocated provisions
Former section or |
New section or |
Location of new |
---|---|---|
s. 3A |
cl. 3A |
Schedule 2A Part 2 |
s. 3AB |
cl. 3AB |
Schedule 2A Part 2 |
Part 7 Division 2 | ||
s. 7B |
Part 7 Division 2 | |
s. 12A |
cl. 12A |
Schedule 2A Part 3 |
s. 21A |
cl. 21A |
Schedule 2A Part 4 Division 1 Subdivision 1 |
s. 21B |
cl. 21B |
Schedule 2A Part 4 Division 1 Subdivision 1 |
s. 21C |
cl. 21C |
Schedule 2A Part 4 Division 1 Subdivision 1 |
s. 21D |
cl. 21D |
Schedule 2A Part 4 Division 1 Subdivision 1 |
s. 21E |
cl. 21E |
Schedule 2A Part 4 Division 1 Subdivision 2 |
s. 21F |
cl. 21F |
Schedule 2A Part 4 Division 1 Subdivision 2 |
s. 21G |
cl. 21G |
Schedule 2A Part 4 Division 1 Subdivision 2 |
s. 21H |
cl. 21H |
Schedule 2A Part 4 Division 1 Subdivision 2 |
s. 21I |
cl. 21I |
Schedule 2A Part 4 Division 1 Subdivision 2 |
s. 21J |
cl. 21J |
Schedule 2A Part 4 Division 1 Subdivision 2 |
s. 21P |
cl. 21P |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21Q |
cl. 21Q |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21R |
cl. 21R |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21S |
cl. 21S |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21T |
cl. 21T |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21U |
cl. 21U |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21V |
cl. 21V |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21W |
cl. 21W |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21X |
cl. 21X |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21Y |
cl. 21Y |
Schedule 2A Part 4 Division 1 Subdivision 3 |
s. 21Z |
cl. 21Z |
Schedule 2A Part 4 Division 1 Subdivision 3 |
|
Part 3 Division 2 | |
Part 3 Division 4 | ||
Part 11 Division 1 | ||
Part 11 Division 2 | ||
s. 29A |
Part 11 Division 2 | |
s. 29B |
Part 11 Division 2 | |
s. 29C |
Part 12 Division 7 | |
s. 31A |
cl. 31A |
Schedule 2A Part 4 Division 2 |
s. 31B |
cl. 31B |
Schedule 2A Part 4 Division 2 |
s. 31C |
cl. 31C |
Schedule 2A Part 4 Division 2 |
s. 31D |
cl. 31D |
Schedule 2A Part 4 Division 2 |
s. 31E |
cl. 31E |
Schedule 2A Part 4 Division 2 |
s. 31F |
cl. 31F |
Schedule 2A Part 4 Division 2 |
s. 31G |
cl. 31G |
Schedule 2A Part 4 Division 2 |
s. 31H |
cl. 31H |
Schedule 2A Part 4 Division 2 |
s. 31I |
cl. 31I |
Schedule 2A Part 4 Division 2 |
s. 31J |
cl. 31J |
Schedule 2A Part 4 Division 2 |
s. 31K |
cl. 31K |
Schedule 2A Part 4 Division 2 |
Part 8 Division 1 Subdivision 4 | ||
Part 8 Division 5 | ||
Part 8 Division 1 Subdivision 1 | ||
s. 35A |
Part 8 Division 1 Subdivision 5 | |
Part 8 Division 1 Subdivision 3 | ||
Part 8 Division 1 Subdivision 7 | ||
Part 8 Division 1 Subdivision 1 | ||
s. 39A |
Part 8 Division 1 Subdivision 7 | |
Part 8 Division 4 | ||
Part 8 Division 4 | ||
s. 53A |
cl. 53A |
Schedule 2A Part 5 |
s. 53B |
cl. 53B |
Schedule 2A Part 5 |
s. 53C |
cl. 53C |
Schedule 2A Part 5 |
s. 53D |
cl. 53D |
Schedule 2A Part 5 |
s. 53E |
cl. 53E |
Schedule 2A Part 5 |
Part 7 Division 1 | ||
Part 5 Division 4 | ||
Part 5 Division 4 | ||
Part 5 Division 4 | ||
s. 62A |
Part 5 Division 4 | |
Part 5 Division 4 | ||
Part 5 Division 4 | ||
Part 5 Division 4 | ||
s. 65A |
Part 5 Division 4 | |
Part 5 Division 4 | ||
Part 5 Division 4 | ||
Part 14 | ||
s. 122A |
Part 14 | |
Part 14 | ||
s. 123B |
Part 14 | |
Part 11 Division 3 | ||
Part 14 | ||
s. 129B |
Part 14 | |
s. 129C |
Part 14 | |
s. 129D |
Part 14 | |
Part 14 | ||
s. 131A |
Part 14 | |
s. 131B |
Part 14 |
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
2, 3, 4 or 5-lot scheme
3(1)
acquiring authority
169(4)
address for service 3(1)
ADI
3(1)
administrative fund
3(1), 100(1)
administrator 3(1)
allowed period
89(2)
amending Act
Sch. 5 cl. 1
amendment 3(1), 3(1)
appointed day
Sch. 3 cl. 1(1)
approved form
3(1)
assistance animal 3(1)
associate
3(1)
Authority 3(1)
base lines 3(1)
building
3(1)
camping ground 212(3)
capital value
3(1)
caravan park
212(3)
chairperson 3(1), 3(1)
commencement day
Sch. 5 cl. 1
Commissioner of Titles
3(1)
common property 3(1), 10(1),
10(2), 10(3)
common property (utility and sustainability infrastructure)
easement 3(1)
company
Sch. 3 cl. 1(1)
conduct by-laws 3(1)
contract
3(1)
contract of mortgage insurance
84(1)
contributions 3(1)
council
3(1)
cubic space 3(1)
date of the contract 163(4)
designated function
140(4)
designated interest
3(1)
designated strata company 100(7)
development 3(1)
disability
3(1)
disposition statement 3(1), 222, Sch.
2A cl. 21V(2) and 31H(2)
electronic address 3(1)
encumbrance 3(1)
exclusive use by-laws
3(1)
Exclusive use by-laws
43(1)
existing small strata scheme Sch. 2A cl. 21A
expiry day 3(1)
financial year
3(1)
first mortgagee 3(1)
floor
3(1)
floor area of a cubic space
3(1)
floor plan 3(1)
former Act
Sch. 3 cl. 1(1)
former by-law
Sch. 3 cl. 1(1)
former common property Sch.
3 cl. 1(1)
former lot Sch. 3 cl. 1(1)
former
parcel Sch. 3 cl. 1(1)
former proprietor
Sch. 3 cl. 1(1)
former strata scheme
Sch. 3 cl. 1(1)
freehold scheme 3(1), 8(2)
fundamental covenant or condition 3(1), 52(1)
governance by-laws 3(1)
independent advocate
178A(1)
infrastructure
3(1)
infrastructure contract 3(1), 64(1)
infrastructure owner 3(1), 64(3)
insurable asset
3(1)
interim development order
3(1)
interim order 201(1)
item
registered or recorded 3(1)
judicial member
3(1)
key document 3(1)
land
3(1)
lease 3(1)
leasehold by-laws 3(1)
Leasehold by-laws
40(1)
leasehold scheme 3(1),
8(3)
legally qualified member 3(1)
licensed
surveyor 3(1)
licensed valuer
3(1)
local government 3(1)
local planning
scheme 3(1)
location plan for a strata scheme
3(1)
lot Sch. 2A cl. 2
lot in a strata scheme 3(1)
lot in a survey-strata
scheme 3(1)
member
3(1), 3(1)
Minister for Lands 196(3)
monetary
order 3(1)
mortgage
3(1)
mortgagee 3(1)
notifiable variation
3(1)
occupier 3(1)
officer
3(1)
on common property
3(1)
open space 3(1)
order to act
3(1)
ordinary resolution
3(1), 123(7)
original proprietor 3(1)
owner
3(1)
owner of a lot Sch. 2A
cl. 53A
owner of the leasehold scheme 8(3)
parcel
3(1)
permitted boundary deviation
Sch. 2A cl. 3
planning approval 3(1)
Planning Commission 3(1)
planning (scheme by-laws)
condition 3(1)
plot ratio
3(1)
post-1985 company Sch. 4 cl. 1
prescribed period 27(7), 28(8)
present
3(1)
President 3(1)
proper
interest in information about a strata titles scheme
107(2)
proponent 3(1), 173
proxy
125(2)
real estate agent
163(4)
redefining plan 169(1)
Register
3(1)
registered lease 3(1)
registered mortgage 3(1)
Registrar of Titles
3(1)
replacement value
3(1)
reserve fund 3(1), 100(2)
resolution without
dissent 3(1), 123(2) and (3)
restricted use
condition 3(1), 32(2)
schedule of unit
entitlements 3(1)
scheme
Sch. 2A cl. 53A
scheme building 3(1)
scheme
by-laws 3(1)
scheme developer
3(1)
scheme dispute 3(1)
scheme disputes
197(1) and (3)
scheme document
3(1)
scheme documents 12(1)
scheme
function 3(1)
scheme notice
3(1)
scheme participant 3(1)
scheme
participants 197(2)
scheme plan
3(1)
settlement agent 163(4)
settlement date 3(1)
short form easement or
restrictive covenant 3(1), 33(1)
show cause notice
151(3)
single tier strata scheme
Sch. 2A cl. 3
site value 3(1)
sketch
plan Sch. 2A cl. 21T(1)
special common property
3(1), 43(1)
special lot
3(1)
special lots 43(1)
special resolution
3(1), 123(4), (5) and (6)
staged subdivision
by-laws 3(1)
Staged subdivision by-laws
42(1)
statutory easement 3(1)
strata company 3(1), Sch. 2A cl. 53A
strata lease
3(1)
strata leasehold estate
3(1)
strata management contract 3(1),
144(1)
strata manager 3(1), 143(1), Sch. 5 cl.
13(1)
strata plan 3(1)
strata scheme
3(1), 9(3)
strata title 3(1), 13(1)
strata titles scheme 3(1)
structural alteration of
a lot 86
structural cubic space
3(1), Sch. 2A cl. 2
structure 86
subdivided 11(1)
subdivision
3(1), 11(2)
survey-strata plan 3(1)
survey-strata scheme 3(1), 9(3)
sustainability
infrastructure 3(1)
take
3(1)
taken 3(1)
taking
3(1)
taking order 196(3)
temporary common
property 3(1)
termination day
Sch. 3 cl. 12(2)
termination infrastructure report
3(1), 179(2)
termination proposal 3(1),
174(1)
termination resolution 3(1)
termination
valuation report 3(1), 179(3)
Transfer of Land Act
requirements 3(1)
transition period
Sch. 4 cl. 1
Tribunal 3(1)
type 1
notifiable variation 3(1)
type 1 subdivision
3(1)
type 2 notifiable variation
3(1)
type 2 subdivision 3(1)
type 3
subdivision 3(1)
type 4 subdivision
3(1)
unanimous resolution 3(1),
123(1)
unit entitlement 3(1), 37(1)
utility
conduit 3(1)
utility infrastructure
3(1)
utility service 3(1)
utility
service easement 3(1), 63(1)
vacant lot
3(1)
volunteer strata manager
3(1)
wall 3(1)
working day
3(1)
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer