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STRATA TITLES ACT 1985 - NOTES

Notes

1 This is a compilation of the Strata Titles Act 1985 and includes the amendments made by the other written laws referred to in the following table 1a, 9. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Strata Titles Act 1985

33 of 1985

6 May 1985

s. 1 and 2: 6 May 1985;
Act other than s. 1 and 2: 30 Jun 1985 (see s. 2 and Gazette 21 Jun 1985 p. 2188)

Strata Titles Amendment Act 1986

42 of 1986

1 Aug 1986

1 Aug 1986 (see s. 2)

Acts Amendment (Water Authority Rates and Charges) Act 1987 Pt. IX

24 of 1987

25 Jun 1987

14 Jul 1987 (see s. 2 and Gazette 14 Jul 1987 p. 2647)

Acts Amendment (Heritage Council) Act 1990 Pt. 2 Div. 6

97 of 1990

22 Dec 1990

25 Feb 1991 (see s. 2 and Gazette 22 Feb 1991 p. 868)

Retirement Villages Act 1992 s. 86

34 of 1992

19 Jun 1992

10 Jul 1992 (see s. 2 and Gazette 10 Jul 1992 p. 3185)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 19

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Planning Legislation Amendment Act (No. 2) 1994 s. 46(12)

84 of 1994

13 Jan 1995

1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567)

CaravanParks and Camping Grounds Act 1995 s. 33

34 of 1995

29 Sep 1995

1 Jul 1997 (see s. 2 and Gazette 20 Jun 1997 p. 2805)

Strata Titles Amendment Act 1995 2, 5-8, 10

58 of 1995

20 Dec 1995

s. 1 and 2: 20 Dec 1995;
Act other than s. 1 and 2: 14 Apr 1996 (see s. 2 and Gazette 15 Mar 1996 p. 981)

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 s. 188

73 of 1995

27 Dec 1995

1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291)

Reprint of the Strata Titles Act 1985 as at 22 Apr 1996 (includes amendments listed above except those in the CaravanParks and Camping Grounds Act 1995)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Strata Titles Amendment Act 199611, 12

61 of 1996

11 Nov 1996

s. 1 and 2: 11 Nov 1996;
Act other than s. 1 and 2: 20 Jan 1997 (see s. 2 and Gazette 17 Jan 1997 p. 405)

Licensed Surveyors Amendment Act 1996 s. 28

79 of 1996

14 Nov 1996

5 Apr 1997 (see s. 2 and Gazette 4 Apr 1997 p. 1750)

Transfer of Land Amendment Act 1996 s. 153(1)

81 of 1996

14 Nov 1996

14 Nov 1996 (see s. 2(1))

Reprint of the Strata Titles Act 1985 as at 20 Jan 1997 (includes amendments listed above except those in the CaravanParks and Camping Grounds Act 1995 and the Licensed Surveyors Amendment Act 1996)

Equal Opportunity Amendment Act (No. 3) 1997 s. 8

42 of 1997

9 Dec 1997

6 Jan 1998 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act 1997 s. 115

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 66

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 104

26 of 1999

29 Jun 1999

1 Jul 1999 (see s. 2 and Gazette 30 Jun 1999 p. 2905)

Reprint of the Strata Titles Act 1985 as at 1 Jul 1999 (includes amendments listed above)

Statutes (Repeals and Minor Amendments) Act 2000 s. 40

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Corporations (Consequential Amendments) Act 2001 Pt. 49

10 of 2001

28 Jun 2001

15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)

Planning Appeals Amendment Act 2002 s. 28

24 of 2002

24 Sep 2002

18 Apr 2003 (see s. 2 and Gazette 17 Apr 2003 p. 1243)

Taxation Administration (Consequential Provisions) Act 2002 s. 23

45 of 2002

20 Mar 2003

1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2383)

Acts Amendment (Equality of Status) Act 2003 Pt. 56

28 of 2003

22 May 2003

1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)

Reprint 4: The Strata Titles Act 1985 as at 22 Aug 2003 (includes amendments listed above)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 67

65 of 2003

4 Dec 2003

1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)

Statutes (Repeals and Minor Amendments) Act 2003 s. 112 13

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Workers’ Compensation Reform Act 2004 s. 174

42 of 2004

9 Nov 2004

4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131)

Courts Legislation Amendment and Repeal Act 2004 Sch. 1 cl. 150 (other than the amendment to s. 116A(4)) 14

59 of 2004 (as amended by No. 2 of 2008 s. 77(12) and (13))

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 121 15, 16

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Reprint 5: The Strata Titles Act 1985 as at 20 May 2005 (includes amendments listed above)

Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15 17

38 of 2005

12 Dec 2005

9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)

Land Information Authority Act 2006 s. 160

60 of 2006

16 Nov 2006

1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)

Duties Legislation Amendment Act 2008 Sch. 1 cl. 36

12 of 2008

14 Apr 2008

1 Jul 2008 (see s. 2(d))

Legal Profession Act 2008 s. 707

21 of 2008

27 May 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

Reprint 6: The Strata Titles Act 1985 as at 25 Jul 2008 (includes amendments listed above except those in the Legal Profession Act 2008)

Standardisation of Formatting Act 2010 s. 4

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Approvals and Related Reforms (No. 4) (Planning) Act 2010 s. 37

28 of 2010

19 Aug 2010

22 Nov 2010 (see s. 2(b) and Gazette 19 Nov 2010 p. 5709)

Building Act 2011 s. 174

24 of 2011

11 Jul 2011

2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033)

Water Services Legislation Amendment and Repeal Act 2012 s. 232

25 of 2012

3 Sep 2012

18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028)

Reprint 7: The Strata Titles Act 1985 as at 24 May 2013 (includes amendments listed above except those in the Water Services Legislation Amendment and Repeal Act 2012)

Land Legislation Amendment Act 2015 Pt. 4

11 of 2015

29 Apr 2015

30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937)

Land Legislation Amendment (Taxing) Act 2015 Pt. 3

12 of 2015

29 Apr 2015

30 Jun 2015 (see s. 2(b) and Gazette 2 Jun 2015 p. 1937)

1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 67 18

43 of 2000

2 Nov 2000

To be proclaimed (see s. 2(2))

2 The Strata Titles Amendment Act 1995 s. 5(5) reads as follows:


(5) A plan registered under the principal Act before the provision inserted by subsection (3) came into operation is declared to be, and to have always been, valid if it would have been valid at the time of registration had that provision been then in operation.


3 Deleted by the Building Act 2011 s. 153(2).

4 The Strata Titles Act 1966 was repealed by this Act, s. 131.

5 The Strata Titles Amendment Act 1995 s. 46(2) reads as follows:


(2) Expenditure made by the council of a strata company at any time before the commencement of subsection (1) that would have been within paragraph (e) of section 47(2) of the principal Act if that section had then been in operation is declared to be, and to have always been, as valid as it would have been if that section had been then in operation.


6 The Strata Titles Amendment Act 1995 s. 54(3) reads as follows:


(3) Any insurance effected and maintained by a strata company at any time before the commencement of subsection (1)(b) that would have been within section 55(1)(b) of the principal Act if that section and subsection (1)(b) had then come into operation is declared to be, and to have always been, as valid as it would have been if that section and subsection (1)(b) had then come into operation.


7 The Strata Titles Amendment Act 1995 s. 57(2) and (3) read as follows:


(2) Section 60, as inserted by subsection (1), applies to a plan registered after the commencement of this section.

(3) Section 60, as it existed before the commencement of this section, continues to apply, despite its repeal, to a plan registered before that commencement.


8 The Strata Titles Amendment Act 1995 s. 66 reads as follows:


66. Transitional provision

Despite their repeal by section 63, sections 68 and 69 of the principal Act continue to apply to any contract, agreement or document entered into before the commencement of section 63 and the provisions inserted into the principal Act by that section do not apply to any such contract, agreement or document.


9 The Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 Sch. 1 cl. 31 was repealed by the Criminal Law and Evidence Amendment Act 2008 s. 78(6).

10 The Strata Titles Amendment Act 1995 s. 38(2), 43(5) and (6), 45(3) and 93(2) are transitional provisions that are of no further effect.

11 The Strata Titles Amendment Act 1996 s. 12(2) and (3) and 34(4)are transitional provisions that are of no further effect.

12 The Strata Titles Amendment Act 1996 s. 30 reads as follows:


30. Transitional provisions as to insurance

(1) If immediately before the day on which section 25 of the Strata Titles Amendment Act 1996 commences (the commencement day) a strata company for a single tier strata scheme is maintaining insurance in respect of —

(a) buildings in the scheme; and

(b) damage to property, death or bodily injury,

that after the commencement day satisfies the requirements of new section 53D(3), the strata company is to be taken to have made a determination for the purposes of new section 53B(2).

(2) Subsection (1) does not prevent the strata company exercising the power under new section 53B(2) to revoke a determination under that section.

(3) If immediately before the commencement day a strata company for a single tier strata company is exempt from the requirements of section 54 or 55(1)(c) of the principal Act by order of a referee under section 103J of that Act, the order continues in force after the commencement day as if the order exempted the strata company from the obligation to insure imposed on it by new section 53D.

(4) An order to which subsection (3) applies ceases to have effect if —

(a) at any time after the commencement day a proprietor serves notice in writing  —

(i) on the strata company; or

(ii) in the case of a two-lot scheme, on the other proprietor,

that he requires the termination of the order; and

(b) the notice is recorded on the strata/survey-strata plan by the Registrar of Titles.

(5) It is for the person who has served a notice under subsection (4) to lodge a copy of the notice, accompanied by the prescribed form, with the Registrar of Titles for the purpose of subsection (4)(b).

(6) In this section —

new section refers to a section inserted in the principal Act by section 25 of this Act.


13 The amendment in the Statutes (Repeals and Minor Amendments) Act 2003 s. 112(13) could not be done as the amendment was done in the 22 August 2003 reprint.

14 The Courts Legislation Amendment and Repeal Act 2004 Sch. 1 cl. 150 (to amend s. 116A(4)) and Sch. 2 cl. 48 were repealed by the Criminal Law and Evidence Amendment Act 2008 s. 77(12) and (13).

15 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

16 The State Administrative Tribunal Regulations 2004 r. 39 and 63 read as follows:


39. Strata Titles Act 1985

(1) In this regulation ¾

commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 121 comes into operation.

(2) Subregulations (3) and (4) apply if —

(a) before the commencement day a person was given a notice under the Strata Titles Act 1985 section 79(1)(a); and

(b) the person had not before the commencement day made a written submission under section 79(1)(b) of that Act.

(3) If this subregulation applies, on or after the commencement day, the person given the notice may, within the time specified in the notice, or any longer time allowed under the Strata Titles Act 1985 section 79(1)(c), make a written submission to the Tribunal and the Tribunal is to take account of the submission as if the submission were a document provided in proceedings to be conducted in whole or part on the basis of documents under the Act section 60(2).

(4) If this subregulation applies, the Tribunal is not to make an order under the Strata Titles Act 1985 Part VI Division 3, other than under section 82, until after the expiration of the time specified for the making of written submissions in the notice given under section 79(1)(a) of that Act, or where a further notice has been given under section 79(1)(c) of that Act, the expiration of the longer time specified in that notice.

(5) If —

(a) before the commencement day a matter was being dealt with by the Strata Titles Referee under the Strata Titles Act 1985 and the Referee had made a requirement under section 80C(a) or (b) of that Act but that requirement had not been complied with before that day; and

(b) the matter is transferred to the Tribunal under the Act section 167(4)(a) or (b),

the Tribunal has, in relation to that matter, the power that the Strata Titles Referee had under the Strata Titles Act 1985 section 80C(c) immediately before the commencement day.

63. Strata Titles Act 1985

(1) In this regulation —

commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 121 comes into operation;

referee means a Strata Titles Referee appointed and holding office before the commencement day under the ST Act section 71;

the ST Act means the Strata Titles Act 1985.

(2) If —

(a) a special resolution authorising an application to a Land Valuation Tribunal under the ST Act section 16(1) for an order that the Schedule of unit entitlement be amended was passed before the commencement day; or

(b) a certificate under seal of a strata company certifying that the strata company has by special resolution authorised such an application,

and an application has not been made to a Land Valuation Tribunal before the commencement day or an application to the Land Valuation Tribunal is transferred to the State Administrative Tribunal under the Act section 167, on and after the commencement day, the reference to a Land Valuation Tribunal in the special resolution and the certificate is to be read and construed as a reference to the State Administrative Tribunal.

(3) On and after the commencement day, a copy of an order certified under the ST Act by a referee as being a true copy is to be taken to have been certified by the executive officer of the State Administrative Tribunal.

(4) A certificate of a local government made before the commencement day which complies with the ST Act section 23(1)(a) or (3), as in force at the time the certificate was made, is to be taken, on and after the commencement day, to comply with the ST Act section 23(1)(a) or (3).

(5) A certificate issued before the commencement day by the Town Planning Appeal Tribunal under the ST Act section 27(9) or 25B(3)(a) certifying that an appeal has been upheld, is to be taken, on and after the commencement day, to be a certificate of the executive officer of the State Administrative Tribunal to the effect that a successful application has been made to the State Administrative Tribunal for a review of the Commission's refusal or failure to give an approval referred to in the ST Act section 25B(2).

(6) If a notice of refusal has been given under the ST Act section 26 before the commencement day, on or after the commencement day the notice is to be taken to inform the applicant of the right conferred by that section to apply for a review of the refusal.

(7) If, before the commencement day, the Minister or the Town Planning Appeal Tribunal has upheld an appeal under the ST Act section 26 but has not under section 26(11) of the ST Act issued to the applicant a certificate certifying that the appeal has been upheld, on or after the commencement day, the President of the State Administrative Tribunal may issue to the applicant a certificate certifying that the appeal has been upheld and that certificate has the same effect as a certificate issued under section 26(11) would have had if the certificate had been issued by the Minister or the Town Planning Appeal Tribunal before the commencement day.

(8) If a referee has determined under the ST Act section 39A(4)(c)(ii) (as in force at the time of the determination) that an agreement is unfair to the proprietors of 25% or more of the aggregate unit entitlement of the lots, on or after the commencement day that determination is to be taken to be a determination of the State Administrative Tribunal under the ST Act section 39A(4)(c)(ii).

(9) If before the commencement day —

(a) an application for an order was made to a referee in relation to a matter of a type referred to in the ST Act section 77A(1) (as in force at the time of the application); and

(b) the referee did not refer the application to the Retirement Villages Disputes Tribunal,

on the commencement day the application is to be taken to be an application by an applicant for review to the State Administrative Tribunal under the State Administrative Tribunal Act 2004 and the applicant for the order of the referee is to be taken to be an applicant under that Act.

(10) If an appeal is commenced before the commencement day under the ST Act section 105 and a strata company is the respondent to a successful appeal under that section, section 111(1) is to be taken to apply to that strata company as if that subsection had not been amended by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004.

(11) If an order is made by the District Court under the ST Act section 113(1) (as in force immediately before the commencement day), on or after the commencement day the District Court must not cause the order and the records of the District Court relating to the appeal, including records forwarded to it by the referee when referring that appeal to the District Court, to be sent to the referee but must cause the order and those records to be sent to the executive officer of the State Administrative Tribunal.

(12) If an order is sent to the executive officer under subregulation (11), the executive officer must serve a copy of the order, certified by him or her to be a true copy, on —

(a) the strata company for the Scheme to which the order relates;

(b) the appellant;

(c) any person who was given notice under the ST Act section 105(6) (as in force immediately before the commencement day) of the time and place for the determination of the appeal; and

(d) any person who, by the order, is required to do or to refrain from doing a specified act.


17 The amendment in the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15, which gives effect to Sch. 2 cl. 63(9), to amend s. 25B(3) is not included because the subsection it sought to amend had been repealed by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1116.

18 On the date as at which this compilation was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 67 had not come into operation. It reads as follows:


67. Strata Titles Act 1985 amended

Section 73(1)(g)(i) of the Strata Titles Act 1985 is amended by deleting “, and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938.”.


The section that it seeks to amend has been repealed by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1125.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)
acquiring authority 29B(4)
administrator 3(1)
allowed period 7B(2)
amendments 133
application 26(1), 27(1), 136(1)
appointed day Sch. 3 cl. 1(1)
Authority 3(1)
base lines 3(1)
building 3(1), 53
camping ground 122A(3)
caravan park 122A(3)
change-over day 21K
commencement day 21K, 133
Commission 3(1)
Commissioner of Titles 129A(5), 129B(6)
common property 3(1)
company Sch. 3 cl. 1(1)
contract 68
council 3(1)
date of the contract 70(8)
disposition statement 8B(2), 21V(2), 31H(2)
dominant lot 5D(2)
existing small strata scheme 21A
floor 3(1)
floor area 3(1)
floor plan 3(1)
former Act Sch. 3 cl. 1(1)
former by-law Sch. 3 cl. 1(1)
former common property Sch. 3 cl. 1(1)
former lot Sch. 3 cl. 1(1)
former parcel Sch. 3 cl. 1(1)
former proprietor Sch. 3 cl. 1(1)
former strata scheme Sch. 3 cl. 1(1)
interim order 82(1)
land 3(1)
licensed surveyor 3(1)
licensed valuer 3(1)
local government 3(1)
location plan 3(1)
lot 3(1), 3(1), 3B(8), 36B(2), 103D(5)
management contract or arrangement 50A(5)
Minister for Lands 29C(3)
mortgage 3(1)
occupier 3(1)
open space 3(1)
order 104(3)
original proprietor 3(1), 68
parcel 3(1)
permitted boundary deviation 3(1)
person concerned 3(1)
plot ratio 3(1)
post-1985 company Sch. 4 cl. 1
prescribed 3(1)
proprietor 3(1), 53A
proprietor in default 103B(1)
proxy 50A(1)
purchaser 68
real estate agent 70(8)
Register 3(1)
registered interest 15(5)
Registrar of Titles 3(1), 129C(6)
replacement value 53
resolution without dissent 3(1)
re-subdivision 3(1)
retired person 6A(3)
scheme 3(1), 53A, 131A(2)
servient lot 5D(2)
settlement 69D(6)
settlement agent 70(8)
single tier strata scheme 3(1)
site value 14(2a)
sketch plan 21T(1)
special resolution 3(1)
strata company 3(1), 53A, 54(1)
strata plan 3(1)
strata scheme 3(1)
strata/survey-strata plan 3(1)
structural cubic space 3(1)
structure 7(6), 7A(4)
survey-strata plan 3(1)
survey-strata scheme 3(1)
take 3(1)
taken 3(1)
taking 3(1)
taking order 29C(3)
termination day Sch. 3 cl. 12(2)
transition period 123A(2), 123C(2), Sch. 4 cl. 1
two-lot scheme 3(1)
unanimous resolution 3(1)
unit entitlement 3(1)
vacant lot 7(6)
value 14(2a), 15(5), 16(7), 103H(4)
vendor 68
wall 3(1)
working days 69D(6)




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