Western Australian Current Regulations Western Australian Current Regulations (1) In this regulation
—
pre‑commencement re‑subdivision
by‑laws means by‑laws of a strata company made before the
commencement day that —
(a) are
of a kind described in Schedule 2A item 8 of the Act, as in force
immediately before the commencement day; and
(b)
continue to have effect under Schedule 5 clause 4(1) of the Act.
(2) If an amendment of
a scheme plan is required as a consequence of the completion of a stage of
subdivision to which pre‑commencement re‑subdivision by‑laws
apply, and an application is made to the Registrar of Titles under
section 56 for registration of the amendment to the scheme plan —
(a)
sections 35 and 36, and the regulations under section 36, do not
apply to the application; and
(b)
section 8A(a)(ii) and 8A(i) and (j), as in force immediately before the
commencement day, apply to the application and the scheme plan lodged for
registration in connection with the application (as if those provisions had
not been repealed); and
(c) the
regulations in force under section 8A(a)(ii)(II) immediately before the
commencement day continue to apply for the purpose of determining whether the
scheme plan sufficiently complies with the pre‑commencement
re‑subdivision by‑laws.
Note for this regulation:
Section 42 and
Schedule 2A item 8 of the Act, as in force immediately before the
commencement day, enabled by‑laws to be made relating to any proposed
re‑subdivision in a scheme, subject to certain requirements. Under
section 8A(a)(ii)(II) of the Act, as in force immediately before the
commencement day, a plan of re‑subdivision lodged under the Act was
required to confirm that it complied with those by‑laws or sufficiently
complied with those by‑laws in a way that was allowed by the
regulations. The Strata Titles General Regulations 1996
regulation 36, as in force before its repeal by these regulations, set
out the requirements relating to compliance with section 8A(a)(ii)(II) of
the Act.