Western Australian Current Regulations Western Australian Current Regulations (1) For the purposes
of section 222, a disposition statement may be registered under the Act
if it is in an approved form and it complies with the requirements of this
regulation.
(2) A disposition
statement may be made for any of the following purposes —
(a) to
give effect to an application for conversion of a tenancy in common to a
strata titles scheme under regulation 167;
(b) to
amend a strata titles scheme to give effect to a type 4 subdivision;
(c) to
give effect to a notice of resolution lodged for registration under
Schedule 2A clause 21S of the Act (which relates to mergers of
common property into lots);
(d) to
give effect to a notice of resolution lodged for registration under
Schedule 2A clause 31D of the Act (which relates to conversion of
strata schemes to survey‑strata schemes).
(3) A disposition
statement referred to in subregulation (2)(a) —
(a) must
provide for the disposition of all of the lots and common property in the
strata titles scheme so that they vest in the original proprietors of the
strata titles scheme as owners, and no other person; and
(b) must
provide for the disposition of all of the lots in the strata titles scheme so
that each of the original proprietors becomes an owner of at least one lot in
the strata titles scheme; and
(c) may
provide for the disposition of any lot in the strata titles scheme so that it
vests in any one or more of the original proprietors of the strata titles
scheme; and
(d) if
the tenancy in common is being converted to a leasehold scheme —
(i)
must provide for the disposition of the interest of the
owner of the leasehold scheme in each strata lease under the scheme so that it
vests in the original proprietors in the same proportions as the freehold was
owned by them as tenants in common immediately before the disposition; and
(ii)
may provide for the disposition of the interest of a lot
owner in a strata lease so that it vests in any one or more of the persons who
comprise the owner of the leasehold scheme (in accordance with the principles
that apply to the disposition of lots in the scheme under paragraph (c)).
(4) A disposition
statement referred to in subregulation (2)(b), (c) or (d) must
—
(a)
provide for the disposition of the lots and common property created by the
subdivision or notice of resolution so that they vest in the persons who were
the owners of the lots affected by the subdivision or notice of resolution
immediately before the disposition, and no other person, in the way referred
to in section 13(5) when a new lot is created; and
(b)
provide for the disposition of the lots created by the subdivision or notice
of resolution so that they vest in the owners in the same manner as the
affected lots were owned immediately before the disposition.
(5) To avoid doubt,
the effect of subregulation (4)(b) is as follows —
(a) if a
lot affected by a subdivision or notice of resolution is owned by 2 or more
persons as joint tenants immediately before the disposition, the disposition
must vest the new lot in those persons as joint tenants;
(b) if a
lot affected by a subdivision or notice of resolution is owned by 2 or more
persons as tenants in common immediately before the disposition, the
disposition must vest the new lot in those persons as tenants in common in the
same proportions as the affected lot was owned immediately before the
disposition.
(6) If a disposition
statement is made to give effect to a type 4 subdivision, and the effect of
the subdivision is to enlarge or reduce an existing lot or common property,
subregulations (4) and (5) apply to the enlarged or reduced lot or
common property in the same way as they would apply if the enlarged or reduced
lot or common property were a new lot or common property created by the
subdivision.
(7) A disposition
statement may not effect —
(a) the
complete release, removal or discharge of an encumbrance or caveat; or
(b) the
release, removal or discharge of an entire interest in an encumbrance; or
(c) the
registration of any registered interest (other than as registered proprietor)
in respect of a lot or common property if a part of that lot or the common
property, or the common property that was formerly comprised in the land the
subject of the application, was not previously subject to that registered
interest; or
(d) the
lodgement of a caveat in respect of a lot if a part of that lot was not
previously subject to that caveat; or
(e) a
change of any person having a registered interest in any encumbrance
registered in respect of a lot or the common property, from the person as
previously registered or lodged; or
(f) a
change of the proprietor of an interest the subject of any caveat lodged in
respect of a lot, from the proprietor as previously registered or lodged.
(8)
Subregulation (7)(c) does not prevent a disposition statement from
effecting the creation of —
(a) any
short form easement or restrictive covenant that may be created on a strata
plan or survey‑strata plan; or
(b) any
short form easement or restrictive covenant that may be created on the
lodgement of a sketch plan referred to in Schedule 2A
clause 21T(1)(b) of the Act or a survey‑strata plan referred to in
Schedule 2A clause 31E(1)(a) of the Act.
(9) When a disposition
statement is registered, items registered or recorded for the scheme in the
Register are to be discharged, withdrawn or otherwise removed, or brought
forward, under the Transfer of Land Act 1893 in the manner necessary to
give effect to the disposition statement.