Western Australian Current Regulations Western Australian Current Regulations (1) In this regulation
—
pending registration application means an
application for registration of a strata plan or survey‑strata plan
under section 4 as in force immediately before the commencement day that
was lodged but not finally dealt with by the Registrar of Titles before the
commencement day.
(2) The Registrar of
Titles may register and otherwise deal with a pending registration application
in accordance with the Act as in force immediately before the commencement day
if a strata plan or survey‑strata plan was lodged in connection with the
application before the commencement day and the Registrar of Titles is
satisfied that —
(a) the
Planning Commission issued a certificate for the plan, or endorsed the plan,
under the Act or the Planning and Development Act 2005 before the
commencement day in a manner that would have enabled it to be registered under
the Act as in force at the time of lodgement of the plan or the plan was, at
the time of lodgement, exempt from the requirement to be approved by the
Planning Commission for registration; and
(b) the
plan was approved by the relevant local government before the commencement day
(if applicable).
(3) A pending
registration application that is not dealt with as provided for by
subregulation (2) is taken to have been lodged under section 56 and
is to be dealt with accordingly.
(4) The Registrar of
Titles may treat an application referred to in subregulation (3) as
having been made in compliance with section 56 if the Registrar is
satisfied that the scheme plan that is lodged in connection with the
application meets the requirements for registration under the Act, as amended
by the 2018 amending Act.
(5) The Registrar of
Titles may treat an application that, under Schedule 5 clause 7(1)
of the Act, is taken to have been lodged under section 56 as an
application for registration of amendment of a scheme plan as having been made
in compliance with section 56 if the Registrar is satisfied that the
scheme plan that is lodged in connection with the application meets the
requirements for registration under the Act, as amended by the 2018 amending
Act.
(6) The Registrar of
Titles may treat an application for registration of a strata titles scheme or
an amendment of a strata titles scheme that is lodged on or after the
commencement day in relation to a strata plan or survey‑strata plan that
was lodged before the commencement day as having been made in compliance with
section 56 if satisfied that —
(a) the
Planning Commission issued a certificate for the plan, or endorsed the plan,
under the Act or the Planning and Development Act 2005 before the
commencement day in a manner that would have enabled it to be registered under
the Act as in force at the time of lodgement of the plan or the plan was, at
the time of lodgement, exempt from the requirement to be approved by the
Planning Commission for registration; and
(b) the
plan was approved by the relevant local government before the commencement day
(if applicable); and
(c) the
plan meets the requirements for registration under the Act, as amended by the
2018 amending Act.
(7) The Registrar of
Titles may require a replacement scheme plan to be lodged in relation to an
application referred to in subregulation (3), (5) or (6) if the
plan lodged does not meet the requirements for registration under the Act, as
amended by the 2018 amending Act.
(8) Without limiting
subregulation (7), the Registrar of Titles may require a replacement
scheme plan to be lodged in relation to an application that updates references
to provisions of the Act to reflect the changes made by the 2018 amending Act.