Western Australian Current Regulations

STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 26

26 .         Location of covenant area and identification of property affected

        (1)         The location of the covenant area must be delineated on the scheme plan or amendment of the scheme plan in accordance with the Survey Regulations and any requirements of the Registrar of Titles.

        (2)         The covenant area must be shown on the scheme plan or amendment of the scheme plan as being subject to that short form restrictive covenant.

        (3)         The covenant area may be —

            (a)         limited by height or depth; and

            (b)         shown by reference to markings in the area that are relevant to the short form restrictive covenant.

        (4)         The lots and common property burdened by the short form restrictive covenant must be identified on the scheme plan or amendment of the scheme plan in a manner approved by the Registrar of Titles.

        (5)         The local government or public authority benefited by the short form restrictive covenant must be specified in the short form documents.

        (6)         The scheme plan or amendment of the scheme plan must make it clear that the short form restrictive covenant is a restrictive covenant under section 33 by specifically referring to that section.