Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 103R

103R .         Order rectifying failure to give notice under s. 123C

        (1)         A proprietor of a lot in a single tier strata scheme or a survey-strata scheme who did not before the expiry of the transition period referred to in section 123C —

            (a)         give notice under subsection (3) of that section; and

            (b)         cause a copy of the notice to be lodged with the Registrar of Titles in accordance with subsection (4) of that section,

                may apply to the State Administrative Tribunal for an order under this section.

        (2)         An order under this section is an order —

            (a)         that liability in relation to fencing between lots in the scheme is to be determined as if section 123B had not been enacted; and

            (b)         making provisions of a transitional or incidental nature that may be necessary in the circumstances.

        (3)         On the making of an application under subsection (1), the State Administrative Tribunal may make an order under this section if satisfied that —

            (a)         the applicant was unable because of exceptional circumstances to do the things mentioned in subsection (1)(a) and (b) before the expiry of the transition period; and

            (b)         there is a good reason why liability in relation to fencing between lots in the scheme should be determined as if section 123B had not been enacted; and

            (c)         it would not be unfair to any person having a registered interest in any lot for the order to be made.

        (4)         An order under this section is to specify the day on and from which liability in relation to fencing between lots in the scheme is to be determined as if section 123B had not been enacted but that day cannot be before subsection (5) has been complied with.

        (5)         An order under this section is of no effect until a copy of the order has been recorded by the Registrar of Titles under section 115 on the strata plan to which it relates.

        [Section 103R inserted: No. 61 of 1996 s. 35; amended: No. 55 of 2004 s. 1156(1) and (3) and 1158.]



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