(1) An application to
the State Administrative Tribunal for an order under this section may be
the proprietor or a registered mortgagee of a lot in a scheme; or
the strata company for the scheme.
(2) An order under
this section is an order amending the schedule of unit entitlement registered
in respect of the scheme in a manner that the State Administrative Tribunal
(3) On the making of
an application under subsection (1), the State Administrative Tribunal
may make an order under this section if satisfied that —
proportion that the unit entitlement of any lot in the scheme bears to the
aggregate unit entitlement of all lots in the scheme is not consistent with
the proportion that the value of that lot bears to the aggregate value of all
lots in the scheme; and
the lack of consistency is sufficiently great as to be unfair or anomalous.
(4) References in
subsection (3)(a) to value are to —
capital value as defined in the Valuation of Land Act 1978 , in the case
of lots in a strata scheme; and
value as defined in that Act, in the case of lots in a survey-strata scheme.
(5) An order under
this section is of no effect until a copy of the order has been lodged with
the Registrar of Titles under section 115 and he has made the amendment
required by subsection (7).
(6) Upon the lodgement
of a copy of an order certified by the executive officer of the State
Administrative Tribunal as a true copy, the Registrar of Titles shall amend
the schedule of unit entitlement registered in respect of the scheme in the
(7) When the schedule
is so amended the share of a proprietor in common property vested in the
proprietor pursuant to the amended schedule shall by operation of law be
subject to any encumbrance registered or caveat lodged with the Registrar of
Titles against his lot, and every such encumbrance or caveat is deemed to be
(8) The State
Administrative Tribunal may order a party who opposes an application under
this section to pay the costs of a successful applicant if the State
Administrative Tribunal considers the actions of that party in relation to the
application have been unreasonable.
[Section 103H inserted: No. 58 of 1995
s. 77; amended: No. 55 of 2004 s. 1143, 1156 and 1158.]