Western Australian Current Acts Western Australian Current Acts (1) To register a
strata titles scheme or an amendment of a strata titles scheme, the Registrar
of Titles must —
(a)
allocate a reference number (being a unique series of numbers or letters or
both numbers and letters) to the scheme; and
(b)
register or record, in the manner that the Registrar considers appropriate for
incorporation of the strata titles scheme in the Register under the
Transfer of Land Act 1893 , the scheme documents or amendments of the scheme
documents (including, without limitation, by attaching the reference number of
the scheme to the scheme plan); and
(c) as
appropriate in the circumstances, register or record a disposition statement,
transfers or other documents lodged with the application for registration in
the manner that the Registrar considers appropriate for incorporation in the
Register under the Transfer of Land Act 1893 ; and
(d) on
registration of a strata titles scheme or an amendment of a strata titles
scheme to give effect to a subdivision of land —
(i)
ensure that there is a separate certificate of title
registered under the Transfer of Land Act 1893 for each lot in the strata
titles scheme; and
(ii)
for a leasehold scheme, ensure that there is —
(I) a strata lease registered for each lot
in the scheme; and
(II) a separate
certificate of title registered under the Transfer of Land Act 1893 for the
parcel;
and
(iii)
create and register or cancel, or enter a memorial on,
certificates of title as necessary for those purposes.
(2) A separate
certificate of title is not to be created for common property or for a parcel
subdivided by a freehold scheme.
[(3) deleted]
(4) The
Transfer of Land Act 1893 section 166 does not apply to a subdivision of land
by a strata titles scheme.
(5) Without limiting
how the Registrar of Titles incorporates material into the Register, an item
will be taken to be registered or recorded for a strata titles scheme in the
Register if it is registered or recorded on the scheme plan, a certificate of
title for a lot in the scheme, a certificate of title for the parcel in a
leasehold scheme, or on a separate record of information relating to the
scheme.
Note for this subsection:
For example, an item
may comprise an estate, interest, right, encumbrance, notification, memorial
or caveat.
[Section 58 inserted: No. 30 of 2018 s. 83;
amended: No. 21 of 2022 s. 63.]