Western Australian Current Regulations Western Australian Current Regulations (1) For the purposes
of section 36, a stage of subdivision described in an application for
amendment of a scheme plan is undertaken with sufficient compliance with the
staged subdivision by‑laws if —
(a) a
licensed valuer determines that the stage of subdivision is not a significant
variation to the agreed stage of subdivision under regulation 49(1)(a);
and
(b) a
licensed surveyor determines that the stage of subdivision is not a
significant variation to the agreed stage of subdivision under
regulation 49(1)(b) or (c).
(2) An application for
amendment of a scheme plan that is made in reliance on section 36 must be
accompanied by —
(a) a
certificate of a licensed valuer that sets out the licensed valuer’s
determination that the stage of subdivision is not a significant variation
under regulation 49(1)(a); and
(b) a
certificate of a licensed surveyor that sets out the licensed surveyor’s
determination that the stage of subdivision is not a significant variation
under regulation 49(1)(b) or (c).
(3) The licensed
valuer and the licensed surveyor who provide the certificates of determination
must not be associates of the scheme developer.
(4) The application
must not be made unless —
(a) the
person making the application has served notice of the determinations of the
licensed valuer and licensed surveyor on each person who is entitled to
dispute the determination; and
(b) at
least 28 days have elapsed since those notices were served; and
(c) if a
person entitled to dispute the determination makes an application to the
Tribunal disputing the accuracy of that determination — the
application has been withdrawn or the Tribunal has resolved that dispute.
(5) The notice
referred to in subregulation (4)(a) must include —
(a) a
copy of the application for amendment of the scheme plan; and
(b) a
copy of the schedule of unit entitlements proposed to be lodged with the
application for amendment of the scheme plan; and
(c) a
copy of the staged subdivision by‑laws or instructions on how to obtain
or inspect a copy of the staged subdivision by‑laws.