Western Australian Current Regulations Western Australian Current Regulations (1) For the purposes
of section 52(1)(a), a strata lease is allowed to contain the covenants
or conditions set out in Schedule 3 Division 2.
(2) If Schedule 3
Division 2 is amended after a strata lease is entered into, any covenants
or conditions that were allowed under section 52(1)(a) when the strata
lease was entered into continue to be allowed under section 52(1)(a) in
relation to that strata lease.
(3)
Subregulation (2) does not prevent the strata lease from being amended
under section 53 to give effect to any amendments to the covenants or
conditions allowed under section 52(1)(a) that are made after the strata
lease is entered into.
(4) This regulation
does not affect the operation of the Land Administration Act 1997
section 75(3B)(b) in relation to conditional tenure land.
Notes for this regulation:
1. Under
section 52(1)(a), a strata lease can only contain the covenants or
conditions allowed by the regulations. Schedule 3 Division 2 sets
out the covenants or conditions that are allowed and must be included in all
strata leases.
2. The
Land Administration Act 1997 section 75(3B)(b) also provides that
if the land is conditional tenure land, the strata lease is taken to contain a
condition that the lot must not be used for a purpose that is inconsistent
with the conditions concerning the use of the land determined by the Minister
under that Act.