Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 42

42 .         Staged subdivision by-laws

        (1)         Staged subdivision by-laws of a strata titles scheme are by-laws that apply as if they were an agreement by the strata company with a person about subdivision of the strata titles scheme in stages.

        Note for this subsection:

                Under section 36, compliance with a stage of subdivision as set out in staged subdivision by-laws removes the need for resolutions and consents for registration of an amendment of the strata titles scheme to give effect to the subdivision.

        (2)         Staged subdivision by-laws must—

            (a)         describe in detail —

                  (i)         the stages of subdivision that are agreed; and

                  (ii)         any amendments to the scheme plan and schedule of unit entitlements that will be made on completion of each stage of subdivision;

                and

            (b)         identify the lots or common property affected by each stage of subdivision; and

            (c)         comply with requirements set out in the regulations.

        (3)         Staged subdivision by-laws cannot apply to subdivision comprised of the removal, from the parcel, of land comprised of common property or the addition, to the parcel, of land from outside the parcel.

        (4)         Staged subdivision by-laws do not bind the Planning Commission or a local government to give a planning approval for an agreed stage of subdivision.

        (5)         Staged subdivision by-laws do not bind the scheme developer of a stage of subdivision to undertake the subdivision.

        (6)         Staged subdivision by-laws can only be made, amended or repealed if —

            (a)         for a leasehold scheme, the owner of the leasehold scheme —

                  (i)         has been given notice in the approved form of the by-laws; and

                  (ii)         has given written consent to the by-laws;

                and

            (b)         in any case, the holder of each designated interest over the whole or a part of the parcel —

                  (i)         has been given notice in the approved form of the by-laws; and

                  (ii)         either —

                        (I)         has given written consent to the application; or

        (II)         has not, at the end of 60 days after being given notice, made a written objection to the proposed by-laws.

        (7)         The Tribunal may, on the application of an applicant for registration of staged subdivision by-laws or an amendment of staged subdivision by-laws, order that an objection to the by-laws of a person with a designated interest be disregarded on the grounds that the objection is unreasonable.

        (8)         In considering whether an objection is unreasonable, the Tribunal may consider —

            (a)         the merits of the proposed by-laws; and

            (b)         the grounds for the objection; and

            (c)         any other factor the Tribunal considers relevant.

        (9)         If the Tribunal makes such an order, the applicant must lodge a copy of the order certified by the Tribunal with the Registrar of Titles.

        [Section 42 inserted: No. 30 of 2018 s. 83.]

[ 42A-42C.         Deleted: No. 30 of 2018 s. 82(b).]